What are the regulations on authority to issue a license of provision of Vietnamese guest workers service?
What are the employment formats for Vietnamese guest workers?
Employment format for Vietnamese guest workers as prescribed in Article 5 of the Law on Vietnamese guest workers 2020 are as follows:
"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.”
What are the regulations on authority to issue a license of provision of Vietnamese guest workers service?
License of provision of Vietnamese guest workers service
In Clause 1, Article 3 of Decree 112/2021/ND-CP, stipulating the license of provision of Vietnamese guest workers service as follows:
"1. License of provision of Vietnamese guest workers service (hereinafter referred to as License for short) issued by the Minister of Labor, War Invalids and Social Affairs to enterprises that satisfy the following conditions: fully satisfy the conditions specified in Clause 1, Article 10 of the Law on Vietnamese guest Workers service and this Decree."
Accordingly, the license of provision of Vietnamese guest workers service is issued by the Minister of Labor, War Invalids and Social Affairs.
What are the conditions for issuing licenses of provision of Vietnamese guest workers service?
Pursuant to the provisions of Articles 4, 5 and 6 of Decree 112/2021/ND-CP, service enterprises providing Vietnamese guest workers service need to meet a number of conditions as follows:
* Conditions for professional staff
- For each content of activities specified in Article 9 of the Law on Vietnamese guest workers going to work abroad under contract, the enterprise must have at least 01 professional staff who is responsible for performing and satisfying a specific requirement of the following standards:
+ Graduated from college or higher in the group of training majors in the fields of law, humanities, social services, social and behavioral sciences or business and management;
+ Have a college degree or higher that is not in the group of training disciplines specified at Point a of this Clause and have at least 02 years of experience in sending Vietnamese workers to work abroad under contracts.
Professional employees must have a labor contract and participate in compulsory social insurance at the enterprise, unless they are not subject to compulsory social insurance according to the provisions of the law on social insurance.
- A branch assigned by a service enterprise to perform a number of activities specified in Article 9 of the Law on Vietnamese guest workers must have at least 01 professional staff responsible for the work. responsibility for each activity content and meet the standards specified at Points a or b, Clauses 1 and 2 of this Article.
* Conditions on facilities to organize orientation education for employees
- Facilities for orientation education must ensure safe and hygienic conditions and meet the following standards:
+ Have classrooms and boarding rooms for at least 100 students at a time; having a first-aid and first-aid place with first-aid and first-aid equipment and facilities;
+ Classrooms have an area of at least 1.4 m2/student, with basic equipment for learning;
+ Boarding room with an area of at least 3.5 m2/student, with basic equipment to serve boarding activities; arrange no more than 12 students/room; The boarding area is separate for male and female students, with enough bathrooms and toilets.
- In case the enterprise leases the facilities to organize orientation education, the lease term must be at least 2 years at the time the enterprise submits the application file for a license.
- The branch assigned by the service enterprise to provide an educational organization must have physical facilities that ensure safety and hygiene conditions, and have classrooms and boarding rooms that meet the requirements of Points b and c, Clause 1 and the lease term (if the branch leases facilities) must be at least 02 years.
- Service enterprises must maintain the lawful use of facilities to organize orientation education throughout the duration of service activities of sending Vietnamese workers to work abroad under contracts.
* Terms of website information
- The enterprise's website must have the Vietnamese national domain name ".vn", upload basic information of the business, post an image of the license after being granted and information about translation activities. service of sending Vietnamese workers to work abroad under contracts.
- The enterprise's website must ensure regular and continuous operation in accordance with the law on management, provision and use of information on the network. Within 07 days from the date of changes in information specified at Point b, Clause 2, Article 26 of the Law on Vietnamese guest workers, the service enterprise must update the information on its website
Thus, the current law stipulates a number of employment formats for Vietnamese guest workers. To be granted an license by the Minister of Labor, War Invalids and Social Affairs, service enterprises need to meet a number of conditions on professional staff and facilities to organize orientation education for employees and conditions on the specific website as above.
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