What are the procedures for registering an employment contract online and contributing to the Overseas Employment Support Fund of Vietnam?
- What are the procedures for registering an employment contract online and contributing to the Overseas Employment Support Fund of Vietnam?
- What are the primary contents of directly-concluded employment contracts in Vietnam?
- What are the conditions for registering an employment contract entered into after exiting Vietnam?
What are the procedures for registering an employment contract online and contributing to the Overseas Employment Support Fund of Vietnam?
Pursuant to Clause 1, Article 38 of Decree 112/2021/ND-CP stipulates as follows:
Procedures for registering an employment contract online and contributing to the Overseas Employment Support Fund
1. Employees shall register online for employment contracts at the Portal (www.dolab.gov.vn) according to Form No. 12, Appendix I issued with this Decree; download the electronic document of the employment contract, passport page with personal information and signature, residence permit or other document proving the lawful residence of the worker in the host country in real time current contract.
2. Within 05 working days from the date of receipt of online contract registration, the Ministry of Labor, War Invalids and Social Affairs shall reply to the receipt of online contract registration and at the same time notify the representative agency. representative of Vietnam in the host country. In case of disapproval of contract registration, the Ministry of Labor, War Invalids and Social Affairs must clearly state the reason.
3. After receiving the notice of the Ministry of Labor, War Invalids and Social Affairs on the approval of contract registration, the employee shall make contributions to the Overseas Employment Support Fund in the form of cash payment or transfer into the Fund's account.
Thus, the online registration of employment contracts and contributions to the Overseas Employment Support Fund of Vietnam is done in the following order:
Step 1: Employees register online for employment contracts at the Portal (www.dolab.gov.vn).
Step 2: Within 05 working days from the date of receiving the online contract registration, the Ministry of Labor, War Invalids and Social Affairs shall reply to the receipt of the online contract registration.
Note: In case of disapproval of contract registration, the Ministry of Labor, War Invalids and Social Affairs must clearly state the reason.
Step 3: The Ministry of Labor, War Invalids and Social Affairs notifies the Vietnamese representative mission in the host country of its approval for contract registration.
Step 4: Employees make contributions to the Overseas Employment Support Fund in the form of cash payment or transfer to the Fund's account.
What are the procedures for registering an employment contract online and contributing to the Overseas Employment Support Fund of Vietnam?
What are the primary contents of directly-concluded employment contracts in Vietnam?
Pursuant to Clause 2, Article 52 of the Law on Vietnamese guest workers 2020 stipulates as follows:
Directly-concluded employment contracts
1. Directly-concluded employment contracts are written agreements between Vietnamese with foreign employers on paid work, salaries, working conditions, rights and obligations of parties in employment relationship.
2. Primary contents of directly-concluded employment contracts must conform to regulations and law of Vietnam and of host countries, including:
a) Line of professions;
b) Duration of contracts;
c) Working location;
d) Working hours, break time and overtime hours;
dd) Salary, wages;
e) Living conditions, travel conditions;
g) Medical examination and treatment;
h) Social insurance, health insurance, occupational accident and disease insurance, other insurances (if any);
i) Responsibilities of foreign employers in case of occupational accidents or risks related to workers while working abroad;
k) Mechanisms, procedures and regulations and law on solving conflicts.
Thus, the primary contents of directly-concluded employment contracts include:
- Line of professions;
- Duration of contracts;
- Working location;
- Working hours, break time and overtime hours;
- Salary, wages;
- Living conditions, travel conditions;
- Medical examination and treatment;
- Social insurance, health insurance, occupational accident and disease insurance, other insurances (if any);
- Responsibilities of foreign employers in case of occupational accidents or risks related to workers while working abroad;
- Mechanisms, procedures and regulations and law on solving conflicts.
What are the conditions for registering an employment contract entered into after exiting Vietnam?
Pursuant to Article 37 of Decree 112/2021/ND-CP stipulating the conditions for registration of employment contracts entered into after exiting Vietnam are as follows:
Conditions for registration of employment contracts entered into after exiting the country
1. Do not into the case of being banned from exiting, not allowed to leave, or being suspended from exit according to the provisions of Vietnamese law.
2. Have a legal employment contract.
3. Legally reside in the host country during the performance of the employment contract.
Thus, the conditions for registration of employment contracts entered into after exiting the country
- Do not into the case of being banned from exiting, not allowed to leave, or being suspended from exit according to the provisions of Vietnamese law.
- Have a legal employment contract.
- Legally reside in the host country during the employment contract.
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