What is a “Vietnamese guest worker”? What is the employment format for Vietnamese guest workers?
What is a “Vietnamese guest worker”?
In Clause 1, Article 3 of the 2020 Law on Vietnamese Guest Workers, there is a definition of "Vietnamese guest workers" as follows:
“Vietnamese guest workers” refer to Vietnamese citizens with at least 18 years of age living in Vietnam and working abroad according to this Law.
Thus, it can be understood that “Vietnamese guest workers” refer to Vietnamese citizens with at least 18 years of age living in Vietnam and working abroad.
What is a “Vietnamese guest worker”? What is the employment format for Vietnamese guest workers? (Image from the Internet)
What is the employment format for Vietnamese guest workers?
Regarding the format of Vietnamese guest workers, Article 5 of the 2020 Law on Vietnamese Guest Workers has the following provisions:
Employment format for Vietnamese guest workers
1. Contracts for bringing Vietnamese workers to work abroad signed with service providers for implementation of international agreements.
2. Contracts or written agreements regarding bringing Vietnamese workers to work abroad signed with any of following enterprises, organizations and individuals:
a) Vietnamese enterprises providing guest worker service;
b) Vietnamese enterprises awarded with contracts for foreign constructions and/or projects;
c) Vietnamese enterprises bringing Vietnamese workers abroad for training, improvement and enhancement;
d) Vietnamese organizations and individuals making outward investment.
3. Employment contracts between Vietnamese workers and foreign employers.
Thus, at present, Vietnamese guest workers are carried out in the formats mentioned above.
What are the rights of Vietnamese guest workers?
Pursuant to Clause 1, Article 6 of the 2020 Law on Vietnamese Guest Workers on the rights of Vietnamese guest workers as follows:
Rights and obligations of Vietnamese guest workers
1. Vietnamese guest workers shall have rights to:
a) be provided with Vietnamese regulations and law on Vietnamese guest workers; policies, laws, customs and traditions of host countries related to the workers; rights and obligations of parties when working abroad;
b) be advised and assisted to execute rights, obligations and receive benefits under employment contracts and vocational training contracts;
c) benefit from salary, wages, medical examination and treatment policies, social insurance, occupational accident insurance, other policies according to employment contracts; inward transfer of salary, wages, income and other legal assets of individuals according to regulations and law of Vietnam and host countries;
d) be protected in terms of legal rights and benefits during period of working abroad under contracts conforming to regulations and law of Vietnam and host countries and international practices;
dd) unilaterally terminate employment contracts if workers are bused, exploited by employers, facing life-threatening risks or sexual harassment during period of working abroad;
e) benefits from policies assisting labor, occupation and rights from Fund for overseas employment as per the law;
g) not pay social insurance or person income tax twice in Vietnam and host countries if Vietnam and the host countries have entered into agreements on social insurance or double taxation agreements;
h) complain, accuse and file lawsuits against violations to regulations and law in bringing Vietnamese workers abroad;
i) be advised, assisted in terms of employment and start-up after repatriating and access voluntary social psychological consulting service.
Thus, currently, Vietnamese guest workers have 09 rights according to the above provisions.
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