What are the Government policies regarding Vietnamese guest workers?
What are the Government policies regarding Vietnamese guest workers?
According to the provisions of Article 4 of the Law on Vietnamese guest workers 2020, Government policies regarding Vietnamese guest workers include:
- Encourage improvement of technical specialties of Vietnamese guest workers; effectively utilize and employ workforce returning from abroad.
Vietnamese guest workers operating in specific professions with high technical specialties or professions that Vietnam has an edge in shall benefit from specific policies in order to attract, promote and assist development of sectors and professions for working abroad and employment after returning suitable for socio-economic conditions from time to time according to the Government.
- Protect legal rights and benefits of Vietnamese workers, enterprises, organizations and individuals in bringing Vietnamese workers abroad to work.
- Expand international cooperation regarding developing new and save labor market, high paid jobs, specific professions to improve education level and crafts of Vietnamese guest workers.
- Ensure gender equality, career opportunity and free of discrimination in recruiting and improving career skills, foreign languages and orientation for Vietnamese guest workers; develop measures to protect Vietnamese guest workers suitable with their gender.
- Assist social integration and participation after returning.
What are the Government policies regarding Vietnamese guest workers?
What is the employment format for Vietnamese guest workers?
Article 5 of the Law on Vietnamese guest workers 2020 stipulates the following employment format for Vietnamese guest workers:
- Contracts for bringing Vietnamese workers to work abroad signed with service providers for implementation of international agreements.
- Contracts or written agreements regarding bringing Vietnamese workers to work abroad signed with any of following enterprises, organizations and individuals:
+ Vietnamese enterprises providing guest worker service;
+ Vietnamese enterprises awarded with contracts for foreign constructions and/or projects;
+ Vietnamese enterprises bringing Vietnamese workers abroad for training, improvement and enhancement;
+ Vietnamese organizations and individuals making outward investment.
- Employment contracts between Vietnamese workers and foreign employers.
Is it compulsory for Vietnamese guest workers to participate in social insurance?
Clause 1, Article 51 of the Law on Vietnamese guest workers 2020 stipulates the rights of Vietnamese guest workers under directly-concluded contracts:
- Vietnamese guest workers under directly-concluded contracts shall have the rights to:
+ receive information on policies, regulations and law on Vietnamese guest workers from specialized labor agencies affiliated to People’s Committees of provinces and overseas Vietnamese missions;
+ receive protection of legal rights and benefits from overseas Vietnamese missions according to regulations and law of Vietnam and of host countries, international laws and practices while working abroad; receive advice and assistance to execute rights and obligations, and receive benefits according to employment contracts;
+ benefit from fund for overseas employment; other rights according to this Law and relevant law provisions;
+ transfer salary, wages, income, and other legal assets of individuals according to regulations and law of Vietnam and of the host countries.
In addition, Vietnamese guest workers under directly-concluded contracts shall have the obligations according to Clause 2, Article 51 of the Law on Vietnamese guest workers 2020 as follows:
- register employment contracts;
- execute provisions under employment contracts and regulations of workplace;
- participate in social insurance, medical insurance, unemployment insurance according to Vietnamese regulations and law and other forms of insurance according to regulations and law of host countries.
- submit income tax according to regulation and law of Vietnam and of host countries;
- contribute to fund for overseas employment according to this Law;
- register citizen status at overseas Vietnamese missions in host countries.
Thus, according to regulations on the obligations of Vietnamese guest workers under directly-concluded contracts, Vietnamese guest workers must participate in social insurance according to Vietnamese regulations and law and other forms of insurance according to regulations and law of host countries..
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