When will enterprises providing Vietnamese guest worker service have their licenses revoked?
When will enterprises providing Vietnamese guest worker service have their licenses revoked?
According to the provisions of Clause 2, Article 16 of the Law on Vietnamese guest workers 2020, a service enterprise shall have their license revoked when:
- Information declared under application for license issuance is fabricated;
- Eligibility specified under Article 10 of Law on Vietnamese guest workers 2020 is not properly maintained;
- The enterprise fails to bring Vietnamese workers abroad for 24 months consecutively for reasons other than natural disasters, conflict, political unrest, economic depression or force majeure which causes foreign countries to be unable to receive foreign workers;
- The enterprise violates Clauses 1, 2, 5, 6, 7, 8, 11, 12, or 13 Article 7 of Law on Vietnamese guest workers 2020;
- The enterprise fails to fully satisfy obligations specified under Points c, e, g, h, and i Clause 2 Article 26 of Law on Vietnamese guest workers 2020 thereby causing severe physical and metal damage to workers.
Minister of Labor – War Invalids and Social Affairs shall decide to revoke license; publicize revocation of license within 5 working days from the date on which revocation decision is issued; publicize submission of license on website of the Ministry of Labor - War Invalids and Social Affairs and inform People's Committee of province where head office of the service enterprise is based in.
When will enterprises providing Vietnamese guest worker service have their licenses revoked?
What are the responsibilities of service enterprises in case of license revocation in Vietnam?
In cases where an enterprise's license is revoked and the license is returned, the service enterprise must have the following responsibilities (stipulated in Clause 1, Article 27 of the Law on Vietnamese guest workers 2020):
Responsibilities of service enterprises in case of license suspension or revocation
1. In case of license suspension or revocation according to Article 16 of this Law, service enterprises, in addition to not conduct activities and services specified under Clauses 1, 2, 3, and 4 Article 9 of this Law, is responsible for:
a) performing obligations under labor supply contracts and contracts for provision of Vietnamese guest worker service for migrated workers;
b) dealing with issues related to workers who are recruited by enterprises and participating in vocational training, foreign language training or orientation education.
Thus, according to the above regulations, in case of license suspension or revocation, service enterprises are responsible for performing obligations under labor supply contracts and contracts for provision of Vietnamese guest worker service for migrated workers.
What are the responsibilities of enterprises providing Vietnamese guest worker service in case of dissolution?
According to the provisions of Article 28 of the Law on Vietnamese guest workers 2020, service enterprises may dissolve only when:
- they have fulfilled all obligations under valid labor supply agreements and contracts for provision of Vietnamese guest workers service and settle all debts and other obligations as per the law; and
- they have fully transferred rights and obligations related to provision of Vietnamese guest worker service to other licensed enterprises after reaching a consensus with foreign employment receivers and receiving approval of Ministry of Labor - War Invalids and Social Affairs.
Within 5 working days from the date on which dissolution decisions are approved, service enterprises must report to Ministry of Labor – War Invalids and Social Affairs on situations of workers brought abroad for employment by the enterprises and measures for implementing obligations of the enterprises under valid labor supply contracts and contracts for provision of Vietnamese guest worker service and written agreements with receiving service enterprises on rights and obligations for cases specified under Point b Clause 1 of Article 28 of the Law on Vietnamese guest workers 2020.
Transfer of rights and obligations of service enterprises to other service enterprises does not alter rights and obligations under contracts for provision of Vietnamese guest worker service.
When transferring rights and obligations to other service enterprises, service fees and deposit payments of workers and property to enforce execution of guarantee obligations shall also be transferred to receiving service enterprises. Within 5 working days from the date on which rights and obligations are fully transferred, service enterprises must inform Ministry of Labor – War Invalids and Social Affairs and workers.
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