What acts are prohibited in bringing Vietnamese workers to work overseas?
What acts are prohibited in bringing Vietnamese workers to work overseas?
Pursuant to Article 7 of the 2020 Law on Vietnamese Guest Workers as follows:
Prohibited acts in bringing Vietnamese workers to work overseas
1. Manipulating, inciting, promising, advertising, providing false information or employing other tricks to deceive workers; exploiting provision of Vietnamese guest workers services to conduct illegal migration, human trafficking, labor abuse or other violations against regulations and law
2. Assisting workers or acting workers to follow up procedures for bringing workers to work abroad before without consensus of competent authorities as specified under this Law.
3. Forcing, manipulating, inciting or tricking Vietnamese workers to stay abroad.
4. Discriminating; humiliating workers; abusing workers in affairs related to bringing Vietnamese workers to work abroad.
5. Providing Vietnamese guest worker service without license; using license of other enterprises or lending enterprise license to other individuals to provide Vietnamese guest worker service.
6. Assigning provision of Vietnamese guest worker service to branches of enterprises in a manner that contradicts this Law.
7. Exploiting preparation of workforce and selection of workers for work abroad to charge workers for money against the law.
8. Charging workers with broker fees.
9. Charging workers with service fees against this Law.
10. Adopting measures other than deposit payment and guarantee specified under this Law to ensure execution of obligations.
11. Working abroad or bringing Vietnamese workers to work abroad in a manner that violates national security, social security and safety, social morality, worker’s health and community or in a manner that is rejected by host countries.
12. Working abroad or bringing Vietnamese workers to work abroad in any of following professions:
a) Massage staffs in restaurants, hotels or amusement parks;
b) Professions that require regular contact with explosives, toxic substances in metal (copper, lead, mercury, silver, zinc) works; manganese, dioxide, mercury;
c) Professions that require contact with exposed radiation sources or professions that include extraction of radioactive ores;
d) Manufacturing and packaging professions that require regular contact with nitric acid, sodium sulfate, disulfur of carbons, pesticides, herbicides, rodenticides, antiseptic and highly toxic insecticide;
dd) Professions that include hunting dangerous beasts, crocodiles or sharks;
e) Professions that require regular stay in hypoxide or high pressure environment (underground or seabed);
g) Professions that include shrouding, cremating or bone collecting.
13. Working abroad or bringing Vietnamese workers to work abroad in any of following areas:
a) Active combat zones or potential active combat zones;
b) Radioactive areas;
c) Contaminated areas;
d) Areas with particularly dangerous epidemic(s).
14. Voluntarily staying overseas against the law after terminating employment contracts or vocational training contracts.
15. Obstructing, hindering or harassing workers or Vietnamese enterprises, organizations and individuals in bringing Vietnamese to work abroad.
16. Issuing license for provision of Vietnamese guest worker service to enterprises deemed ineligible according to this Law.
17. Utilizing fund for overseas employment in a manner that contradicts regulations and law.
Thus, at present, there are 17 prohibited acts in bringing Vietnamese workers to work overseas according to the above provisions.
What acts are prohibited in bringing Vietnamese workers to work overseas? (Image from the Internet)
What are the Government policies regarding Vietnamese guest workers?
In Article 4 of the 2020 Law on Vietnamese Guest Workers stipulating as follows:
Government policies regarding Vietnamese guest workers
1. 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.
2. Protect legal rights and benefits of Vietnamese workers, enterprises, organizations and individuals in bringing Vietnamese workers abroad to work.
3. 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.
4. 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.
5. Assist social integration and participation after returning.
At present, the Government has 05 policies for Vietnamese guest workers mentioned above.
Thus, the Government will protect the legitimate rights and interests of Vietnamese workers, businesses, organizations and individuals in bringing Vietnamese workers to work overseas.
Can Vietnamese workers directly conclude employment contracts with overseas employers?
Pursuant to the provisions of Clause 3, Article 5 of the 2020 Law on Vietnamese Guest Workers on the format of Vietnamese workers working abroad under the contract are as follows:
Employment format for Vietnamese guest workers
…
3. Employment contracts are directly concluded by Vietnamese workers and overseas employers.
Thus, according to the above regulations, Vietnamese workers can directly conclude employment contracts with overseas employers.
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