What courses are required for Vietnamese guest workers before working abroad?

Main Content

• What courses are required for Vietnamese guest workers before working abroad?
• Shall enterprises be responsible for organizing orientation education courses for Vietnamese guest workers?
• What is the fine imposed on enterprises failing to organize orientation education courses before sending Vietnamese workers abroad for training?

What courses are required for Vietnamese guest workers before working abroad?

Under the provisions of Point c, Clause 2, Article 6 of the Law on Vietnamese Guest Workers 2020, the obligations of Vietnamese guest workers are stipulated as follows:

Rights and obligations of Vietnamese guest workers

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2. Vietnamese guest workers shall have obligations to:

a) comply with the regulations and laws of Vietnam and host countries;

b) preserve and emphasize culture and traditions of Vietnam; respect traditions and customs of host countries; cooperate with workers in host countries;

c) complete orientation education course before working abroad;

d) submit service fees and deposit payments as specified under this Law;

dd) work as pert the law; comply with labor discipline and regulations; comply with management, administration and supervision of foreign employers according to employment contracts;

e) compensate for violations of signed contracts according to regulations and law of Vietnam and host countries;

g) repatriate in a timely manner after terminating employment contracts and vocational training contracts; inform residence registration authorities before working abroad or after repatriating according to Law on Residence within 15 days from the date of repatriation;

h) submit tax and participate in social insurance and other forms of insurance according to regulations and law of Vietnam and host countries;

i) contribute the fund for overseas employment.

Thus, according to the above regulations, Vietnamese guest workers are required to complete orientation education courses before working abroad.

Shall enterprises be responsible for organizing orientation education courses for Vietnamese guest workers?

Under Clause 2, Article 41 of the Law on Vietnamese Guest Workers 2020 on the rights and obligations of Vietnamese enterprises sending Vietnamese workers abroad for training or retraining to improve their vocational competence and skills:

Rights and obligations of Vietnamese enterprises sending Vietnamese workers abroad for training or retraining to improve their vocational competence and skills

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2. Enterprises have the obligations to:

a) provide adequate and accurate information on provisions under Clause 2 Article 37 of this Law;

b) sign contracts for overseas vocational training before sending Vietnamese workers abroad for training or retraining to improve their vocational competence and skills;

c) enable workers to participate in orientation education and receive certificate for completion of orientation education;

d) within 5 working days from the date on which workers travel abroad, enterprises must update worker information on database system on Vietnamese guest workers.

dd) manage and protect legal rights and benefits of workers sent abroad for training or retraining to improve their vocational competence and skills by the enterprises;

e) report and cooperate with overseas Vietnamese diplomatic missions in managing and protecting legal rights and interests of workers;

g) liquidate contracts for overseas vocational training with workers;

h) compensate workers according to signed contracts and regulations and law on for damage caused by the enterprises;

i) receive and allocate suitable employment for workers after training or retraining to improve their vocational competence and skills abroad;

k) deal with worker benefits in case the enterprises dissolve or go bankrupt as per the law;

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Thus, according to the above regulations, before sending Vietnamese workers abroad for training, enterprises must organize orientation education courses and issue certificates for completion of orientation education to workers.

What is the fine imposed on enterprises failing to organize orientation education courses before sending Vietnamese workers abroad for training?

According to the provisions of Clause 3, Article 45 of Decree 12/2022/ND-CP on violations committed by Vietnamese enterprises sending Vietnamese workers abroad for training or retraining to improve their vocational competence and skills:

Violations committed by Vietnamese enterprises sending Vietnamese workers abroad for training or retraining to improve their vocational competence and skills

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3. A fine ranging from VND 10.000.000 to VND 20.000.000 per worker but not exceeding VND 200.000.000 shall be imposed for commission of one of the following violations:

a) Failing to provide orientation education courses for Vietnamese workers before they attend overseas training or retraining courses aimed to improve their vocational competence and skills;

b) Failing to adequately, accurately and clearly provide information about the contents specified in Clause 2 Article 37 of the Law on Vietnamese guest workers.

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And, according to the provisions of Clause 1, Article 6 of Decree 12/2022/ND-CP on fines:

Fines, power to impose penalties, and rules for imposing penalties for repeated violations

1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

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According to the above regulations, Vietnamese enterprises failing to organize orientation education courses before sending Vietnamese workers abroad for training will be fined from VND 10,000,000 to VND 20,000,000 per worker but not exceeding VND 200.000.000.

The above fine shall be imposed on organizations, in case individuals commit the above-mentioned violations, the fine will be equal to 1/2 of the fine imposed on organizations.