In the context of globalization and multi-dimensional economic development, sending Vietnamese workers to work abroad (or “providing Vietnamese guest workers service”) has become an indispensable part of the national development strategy. This is not only an opportunity for individuals but also a strong motivation to advance one’s career and improve one’s quality of life. The article below will point out a number of notes when providing Vietnamese guest workers service in accordance with Vietnamese laws, from which both workers and employers can withdraw their own overviews and orientations to adjust their plans accordingly.
1. A number of notes when providing Vietnamese guest workers service through service enterprises
Pursuant to Clause 1, Article 8 of the 220 Law on Vietnamese Guest Workers, enterprises are only allowed to provide Vietnamese guest workers service when they have obtained the License for providing Vietnamese guest workers service issued by the Minister of Labor, War Invalids and Social Affairs. Accordingly, enterprises are granted the License to provide Vietnamese guest workers service when such enterprises satisfy all of the following conditions:
- Having at least VND 5 billion of charter capital; having owners, all members and shareholders who are domestic investors according to the Investment Law;
- Having made escrow deposit payments according to Article 24 of this Law;
- Having a Vietnamese legal representative who has a university degree or higher and at least 5 years of experience in providing Vietnamese guest worker service or employment services; is not criminally prosecuted; has no criminal records regarding violation to national security, charges that violate life, health, self-esteem or dignity of human beings, fraudulence for appropriation, credibility abuse for appropriation, false advertisement, manipulating customers, organizing or allowing other individuals to migrate or stay in Vietnam illegally, organizing or allowing other individuals to travel abroad or stay abroad illegally, forcing other individuals to travel abroad or stay abroad illegally;
- Having adequate number of professional employees to implement provisions of Article 9 of this Law;
- Having facilities of the enterprises or be rented stably by the enterprises to meet the requirements for orientational education for Vietnamese guest workers;
- Having a website.
In addition, enterprises need to meet the conditions for professional staff and facilities to organize orientational education for workers and websites as prescribed in Decree No. 112/2021/ND-CP detailing a number of articles and measures to implement the 2020 Law on Vietnamese Guest Workers.
Regarding the contractual relationship, Vietnamese enterprises and foreign labor-receiving organizations need to sign a “Labor Supply Contract” stipulating the conditions, rights, and obligations of each party in providing and receiving Vietnamese guest workers. On the other hand, Vietnamese guest workers and Vietnamese enterprises need to sign a “Contract for sending Vietnamese workers to work abroad”. Accordingly, the contract must recognize the rights and obligations of each party in sending Vietnamese workers to work abroad according to the contract and comply with the content of the labor supply contract; while at the same time clearly state the agreement on service fees and other employee expenses (if any).
2. A number of notes when providing Vietnamese guest workers service in the form of training
Enterprises eligible to send Vietnamese workers abroad for training, improvement and enhancement need to meet the following conditions:
- Having contracts for receiving intern workers with overseas intern receivers to send Vietnamese workers abroad for training, improvement and enhancement conforming to Article 37 of this Law and approved by competent authorities as specified in Article 39 of this Law;
- Having made escrow deposit payments to perform intern receiving contract according to Clause 2, Article 26 of Decree No. 112/2021/ND-CP;
- Only sending workers who are under overseas employment contracts and vocational training contracts for training, improvement and enhancement at overseas intern receivers according to contracts for receiving intern workers;
- Professions and careers for which Vietnamese workers are sent to for training, improvement and enhancement must conform to fields of operation of enterprises.
Regarding the contractual relationship, Vietnamese enterprises and foreign labor-receiving organizations need to sign a “Contract for receiving intern workers” recognizing the rights and obligations of the parties in sending and receiving the enterprise’s workers for training, improvement and enhancement abroad. Regarding the contractual relationship, Vietnamese enterprises and foreign labor-receiving organizations need to sign a “Contract for receiving intern workers” recognizing the rights and obligations of the parties in sending and receiving the enterprise’s workers for training, improvement and enhancement abroad. The contract must comply with the provisions of Vietnamese laws and fully contain the contents specified in Clause 2, Article 37 of the 2020 Law on Vietnamese Guest Workers The contract must comply with the provisions of Vietnamese laws and fully contain the contents specified in the 2020 Law on Vietnamese Guest Workers. In addition, an enterprise is obliged to register a contract for receiving intern workers at the labor-specialized agency under the Provincial People’s Committee where the enterprise is headquartered if such enterprise sends workers abroad for training for less than 90 days or register at the Ministry of Labor, War Invalids and Social Affairs if such enterprise sends workers abroad for training for more than 90 days. The dossier to register a contract for receiving intern workers includes:
- A written registration for a contract for receiving intern workers;
- A copy of a contract for receiving intern workers attached with a certified Vietnamese translation;
- Documents proving the enterprise’s compliance with regulations of host countries in sending Vietnamese workers abroad for training, improvement and enhancement;
- Copies of enterprise registration certificate and written proof of the enterprise’s deposit payments according to Clause 2, Article 36 of this Law.
On the other hand, Vietnamese workers and enterprises need to sign a “Contract for overseas vocational training”. Accordingly, the contract must be made in writing and recognize the overseas training, improvement and enhancement, comply with the provisions of the Labor Code and be consistent with the content of the contract for receiving intern workers.
Besides, the rights and obligations of Vietnamese enterprises sending Vietnamese workers abroad for training, improvement and enhancement are specifically stipulated in Article 41 of the 2020 Law on Vietnamese Guest Workers.
