What is the file for preparation of labor sources in Vietnam?
What is the file for preparation of labor sources in Vietnam?
Pursuant to the provisions of Article 18 of the Law on Vietnamese guest workers 2020, regulations on preparing labor resources are as follows:
Preparation of labor sources
1. Service enterprises shall prepare labor sources prior to registration of labor supply agreements at request of foreign employment receivers or according to cooperation agreements with foreign employment receivers and only after receiving written consensus of Ministry of Labor – War Invalids and Social Affairs.
2. File for preparation of labor sources consist of:
a) Document on preparing labor sources;
b) Copies of written request or cooperation agreements with foreign employment receivers together with certified Vietnamese translation; for foreign parties that cooperate with Vietnamese service enterprises for the first time, attach documents proving permission to employ foreign workers issued by competent authorities of host countries;
c) Labor source preparation schemes which specify number of workers, duration and methods of preparing labor sources;
d) Prioritize selecting workers who have participated in labor source preparation phase.
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Thus, file for preparation of labor sources consist of:
- Document on preparing labor sources;
- Copies of written request or cooperation agreements with foreign employment receivers together with certified Vietnamese translation; for foreign parties that cooperate with Vietnamese service enterprises for the first time, attach documents proving permission to employ foreign workers issued by competent authorities of host countries;
- Labor source preparation schemes which specify number of workers, duration and methods of preparing labor sources;
- Prioritize selecting workers who have participated in labor source preparation phase.
What is the file for preparation of labor sources in Vietnam?
What is the content of the plan for preparing labor sources in Vietnam?
Pursuant to the provisions of Clause 4, Article 3, Circular 21/2021/TT-BLDTBXH stipulates plan for preparing labor sources as follows:
Preparation of labor sources
An application for preparation of labor sources includes:
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4. A plan for preparing labor sources includes the following content:
a) The estimated number of workers (the maximum number is equal to the one prescribed in Point a Clause 2 of this Article); professions; genders; qualifications, vocational skills, and foreign languages of workers;
b) Methods of preparing labor sources:
B1) Pre-qualifications (if any): Time and location;
b2) Expected vocational skills training (if any): Time (start time and end time), location, and methods of training (direct/associate);
b3) Expected foreign languages education (if any): Time (start time and end time), location, and methods of education (direct/associate);
...
Thus, a plan for preparing labor sources includes the following content:
- The estimated number of workers (the maximum number is equal to the number of workers that the Vietnamese enterprise has to prepare and professions and genders of workers); professions; genders; qualifications, vocational skills, and foreign languages of workers;
- Methods of preparing labor sources:
+ Pre-qualifications (if any): Time and location;
+ Expected vocational skills training (if any): Time (start time and end time), location, and methods of training (direct/associate);
+ Expected foreign languages education (if any): Time (start time and end time), location, and methods of education (direct/associate);
What is the content of labor supply agreements in Vietnam?
Pursuant to the provisions of Article 19 of the Law on Vietnamese guest workers 2020, regulations on labor supply agreements are as follows:
Labor supply agreements
1. Labor supply agreements are written agreements between Vietnamese service enterprises with foreign employment receivers on conditions, rights and obligations of parties in providing and receiving Vietnamese guest workers.
2. Labor supply agreements must conform to regulations and law of Vietnam and host countries and contain following details:
a) Duration of contracts;
b) Number of workers; field of operation; age of workers;
c) Host countries;
d) Working location if contracts are signed with foreign employers;
dd) Working conditions and environment;
e) Working hours and break time;
g) Occupational safety and hygiene;
h) Salary, wages, other benefits and bonuses (if any); overtime payments; payments taken from salary according to regulations and law of host countries;
i) Living, working and commuting conditions;
k) Medical examination, treatment and reproductive health policies;
l) Social insurance, health insurance, occupational accident and disease insurance;
m) Conditions for premature contract termination by workers and responsibilities for paying damages;
n) Service fee paid by foreign employment receivers (if any);
o) Responsibilities to pay travel cost from Vietnam to work place and vice versa;
p) Responsibilities of parties when workers face risks while working abroad;
q) Responsibilities of parties in dealing with arising issues for workers while working abroad;
r) Mechanisms, procedures and regulations and law on solving conflicts;
s) Other agreements that do not contradict regulations and law and social moral.
3. Minister of Labor – War Invalids and Social Affairs shall elaborate Clause 2 of this Article depending on market, field of operation and specific jobs.
Thus, Labor supply agreements must conform to regulations and law of Vietnam and host countries and contain following details:
- Duration of contracts;
- Number of workers; field of operation; age of workers;
- Host countries;
- Working location if contracts are signed with foreign employers;
- Working conditions and environment;
- Working hours and break time;
- Occupational safety and hygiene;
- Salary, wages, other benefits and bonuses (if any); overtime payments; payments taken from salary according to regulations and law of host countries;
- Living, working and commuting conditions;
- Medical examination, treatment and reproductive health policies;
- Social insurance, health insurance, occupational accident and disease insurance;
- Conditions for premature contract termination by workers and responsibilities for paying damages;
- Service fee paid by foreign employment receivers (if any);
- Responsibilities to pay travel cost from Vietnam to work place and vice versa;
- Responsibilities of parties when workers face risks while working abroad;
- Responsibilities of parties in dealing with arising issues for workers while working abroad;
- Mechanisms, procedures and regulations and law on solving conflicts;
- Other agreements that do not contradict regulations and law and social moral.
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