Chapter V
STATE MANAGEMENT OVER LABOR EXPORT
Article 25.- Responsibilities of the Ministry of Labor, War Invalids and Social Affairs
1. To coordinate with the concerned agencies in market study and development, the elaboration of labor export strategies, plans and planning and the direction of the implementation thereof.
2. To study and elaborate normative documents, policies and mechanism on labor export and submit them to the Government for promulgation or promulgate them according to competence; to guide and organize the implementation thereof.
3. To negotiate and sign international treaties on sending Vietnamese laborers to work overseas as authorized.
4. To prescribe dossiers of laborers going to work overseas; lists of occupations and jobs banned from performance by Vietnamese laborers and areas where Vietnamese laborers are banned from working.
5. To draw up and guide the implementation of plans on training labor sources for export; prescribe the programs on oriented training and education as well as language teaching for laborers before they go to work overseas; to foster officials of labor-exporting enterprises and officials managing laborers overseas.
6. To grant licenses as provided for in Article 10; to suspend for definite periods of time labor export activities under the provisions in Clause 2, Article 35; to suspend, withdraw permits for, labor export activities as provided for in Clause 2, Article 11 of this Decree.
7. To receive the contract registration and manage contracts of enterprises as provided for in Articles 13 and 16; temporarily suspend the contract performance as provided for in Clause 2, Article 35 of this Decree.
8. To inspect, examine agencies, organizations and enterprises involved in the sending of Vietnamese laborers to work overseas.
9. To coordinate with the ministries, ministerial-level agencies, agencies attached to the Government, central bodies of the organizations mentioned at Clause 3, Article 8 of this Decree and concerned provincial-level Peoples Committees in settling issues arising in the management of Vietnamese laborers working overseas; to coordinate with the Foreign Ministry and the Ministry of the Interior in organizing the Laborers Management Boards under the Vietnamese representation offices in the countries and areas where large numbers of Vietnamese laborers work in accordance with the Ordinance on Foreign-based Representation Offices of the Socialist Republic of Vietnam.
10. To annually report to the Prime Minister on the situation of Vietnamese laborers working overseas for definite periods of time.
Article 26.- Responsibilities of the concerned ministries, branches
1. The Foreign Ministry shall direct foreign-based Vietnamese representation offices to coordinate with the Ministry of Labor, War Invalids and Social Affairs in exercising the State management over Vietnamese laborers working overseas; to supply in time the Foreign Ministry, the Ministry of Labor, War Invalids and Social Affairs as well as the ministries and functional agencies with information on overseas labor markets and the situation of Vietnamese laborers in the host countries.
2. The Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs in detailing the collection, use and management of the Labor Export Support Fund; licensing fees, oriented training and education charges, labor export service charge, labor export brokerage charges (charges for consultancy on contract exploitation), levels of, and mode of managing, laborers deposits.
3. The Public Security Ministry shall grant passports to laborers as provided for by law and, within the ambit of its responsibility, coordinate with the Ministry of Labor, War Invalids and Social Affairs in preventing and combating acts of law violation in the field of labor export activities.
4. The Health Ministry shall coordinate with the Finance Ministry in setting the uniform level of health examination charge for laborers going to work overseas; direct medical establishments to organize health checks and take responsibility for the results of health checks for laborers.
5. The Ministry of Planning and Investment shall coordinate with the Ministry of Labor, War Invalids and Social Affairs in working out annual and five-year plans on labor export.
6. The Ministry of Trade and Vietnam State Bank shall study and submit to the Government for promulgation or promulgate according to competence policies to create conditions for laborers and labor-exporting enterprises to exercise their rights prescribed in Clause 10, Article 18 of this Decree. Vietnam State Bank shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding the collateral for labor export activities as provided for in Clause 5, Article 9 of this Decree.
7. The Ministry of Culture and Information shall coordinate with the concerned agencies in orientating and directing the mass media agencies to provide information and propaganda in service of the labor export strategy of the Party and the State; handle in time, strictly and justly cases of carrying unobjective and/or inaccurate reports which affect the labor export activities.
8. The Justice Ministry shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs, the Supreme Peoples Court and the Supreme Peoples Procuracy in realizing the contents prescribed in Article 32 of this Decree.
Article 27.- Responsibilities of the ministries, ministerial-level agencies, agencies attached to the Government, central bodies of the organizations defined in Clause 3, Article 8 of this Decree as well as the provincial-level Peoples Committees which have enterprises engaged in sending laborers to work overseas
1. To manage the labor export activities of enterprises under their respective management.
2. To direct enterprises which send laborers to work overseas under their respective management in exercising the rights and performing the obligations prescribed in Articles 14, 16 and 17; to ensure and create conditions for laborers going to work overseas to exercise their rights and perform their obligations defined in Articles 18 and 19 of this Decree.
3. To inspect and examine labor export activities at the enterprises under their respective management; to detect and handle in time acts of violation related to labor export activities.
4. To annually evaluate activities of sending laborers to work overseas under the scope of their management and report thereon to the Ministry of Labor, War Invalids and Social Affairs for sum-up report to the Government.
Article 28.- Responsibilities of the provincial-level Peoples Committees
1. To perform the State management over labor export within their respective localities.
2. To direct their attached professional agencies and the subordinate Peoples Committees:
a) To propagate and disseminate undertakings and policies on labor export;
b) To create sources and recommend laborers who have the high sense of organization and discipline and well observe the provisions of law to participate in recruitment for overseas work;
c) To coordinate with enterprises engaged in labor export activities in recruitment of local labor; to determine the responsibility of the laborers families so that the laborers well exercise their rights and perform their obligations defined in the contracts with enterprises and the contracts for working overseas.
3. To inspect and examine labor export activities in localities; to detect and handle in time acts of violation related to labor export activities.
Article 29.- Force majeure cases
In force majeure cases where laborers can not be let to continue working in the labor-receiving countries, the agencies managing the enterprises which send laborers to work overseas shall have to direct the enterprises to organize the laborers return home; if this falls beyond their capabilities, they shall coordinate with the Foreign Ministry, the Ministry of Labor, War Invalids and Social Affairs and the Finance Ministry in working out plans on bringing the laborers home and submit them to the Prime Minister for decision.
Tìm kiếm
Nghị định 81/2003/NĐ-CP (Bản Word)