Law on Pricing 2023 stipulates the Brokerage Contracts and Service Fees according to Brokerage Contracts for Vietnamese Workers Working Abroad
How does the Price Law 2023 regulate brokerage contracts and service fees under brokerage contracts for Vietnamese workers going abroad?
Pursuant to Clause 12, Article 73 of the Price Law 2023 which amends, supplements, replaces, and repeals certain provisions of related laws as follows:
Amend, supplement, replace, and repeal certain provisions of related laws
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12. Amendment and supplementation of Article 22 of the Law on Vietnamese Workers Going Abroad under Contract No. 69/2020/QH14 as follows:
“Article 22. Brokerage contract and service fees under brokerage contracts
1. A brokerage contract is a document agreed upon between the service enterprise and the intermediary organization or individual in introducing the foreign side to receive Vietnamese workers to enter into labor supply contracts as prescribed by this Law.
2. The service fee under the brokerage contract is agreed upon by both parties and clearly stated in the contract but shall not exceed the ceiling rate stipulated in Clause 3 of this Article.
3. The Ministry of Labor, War Invalids and Social Affairs shall stipulate in detail the ceiling rate of service fees under brokerage contracts suitable to each market, industry, occupation, or specific job in each period when Vietnamese workers go abroad under contract.”.
According to the latest regulations, a Brokerage Contract is a document agreed upon between the service enterprise and the intermediary organization or individual regarding the introduction of the foreign party receiving Vietnamese workers to enter into labor supply contracts as prescribed.
Regarding the service fees under the brokerage contract, the service fees will be agreed upon by both parties and clearly stated in the contract but shall not exceed the ceiling rate stipulated by the Ministry of Labor, War Invalids, and Social Affairs.
How does the Price Law 2023 regulate brokerage contracts and service fees under brokerage contracts for Vietnamese workers going abroad? (Image from the Internet)
What jobs are Vietnamese workers going abroad under contract not allowed to do?
According to the provisions of Clause 12, Article 7 of the Law on Vietnamese Workers Going Abroad under Contract 2020, the prohibited acts in the field of Vietnamese workers going abroad under contract include:
- Massage jobs at restaurants, hotels, or entertainment centers;
- Jobs that require frequent exposure to explosives or hazardous substances in the smelting of non-ferrous metal ores (copper, lead, mercury, silver, zinc); frequent exposure to manganese or mercury dioxide;
- Jobs that involve exposure to open radioactive sources or mining radioactive ores of all types;
- Jobs involving production and packaging that require frequent exposure to chemicals such as nitric acid, sodium sulfate, carbon disulfide, or pesticides, herbicides, rat poisons, disinfectants, anti-termite agents with strong toxicity;
- Hunting dangerous animals like wild beasts, crocodiles, or sharks;
- Jobs frequently located in places with insufficient air or high pressure (underground, underwater);
- Jobs involving corpse handling, funeral services, cremation, or grave digging.
What is the current occupational safety and hygiene for Vietnamese workers going abroad?
According to Article 67 of the Occupational Safety and Hygiene Law 2015, occupational safety and hygiene for Vietnamese workers going abroad is regulated as follows:
- Vietnamese workers going abroad under this Article include Vietnamese workers sent abroad by employers and Vietnamese workers going abroad under contract as stipulated in the Law on Vietnamese Workers Going Abroad under Contract 2020.
- Employers must comply with the occupational safety, hygiene regulations of the host country's law and the following regulations:
+ Ensure the full implementation of occupational safety and hygiene measures, labor accident insurance policies, occupational disease insurance, and the responsibilities of employers toward workers as prescribed in the Occupational Safety and Hygiene Law 2015; in case the host country's regulations on these policies are more favorable for workers, then follow the host country's regulations;
+ Cooperate with the competent authorities of the host country in investigating accidents and illnesses that occur to workers;
+ For fatal labor accidents and severe labor accidents, provide the relevant records and documents of the labor accident to the provincial Inspectorate of Occupational Safety and Hygiene in Vietnam at the place where the employer’s headquarters are located.
- Vietnamese workers going abroad must comply with the laws of Vietnam, the laws of the host country, except in cases where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise.
The Price Law 2023 takes effect on July 1, 2024. The provisions in Clause 2, Article 60 of the Price Law 2023 take effect on January 1, 2026.
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