What is the sample of contract for Vietnamese guest workers in 2024? Are minors in Vietnam allowed to be guest workers?
What is the sample of contract for Vietnamese guest workers in 2024? Are minors in Vietnam allowed to be guest workers?
What is the sample of contract for Vietnamese guest workers in 2024?
The sample of contract for Vietnamese guest workers is stipulated under Form 03 of Appendix 01 of the Circular 02/2024/TT-BLDTBXH.
What is the sample of contract for Vietnamese guest workers in 2024? Are minors in Vietnam allowed to be guest workers? - image from internet
Are minors in Vietnam allowed to be guest workers?
Pursuant to Clause 2 Article 3 of the Law on Vietnamese guest workers in 2020:
Term interpretation
In this Law, terms below are construed as follows:
1. “Vietnamese guest workers” refer to Vietnamese citizens with at least 18 years of age living in Vietnam and working abroad according to this Law.
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Pursuant to Article 21 of the Civil Code in 2015 stipulating minors:
Minors
1. Minors are persons who are under eighteen years of age.
2. Civil transactions of each child under six years of age shall be established and performed by his/her legal representative.
3. Each person who is from six to under eighteen years of age must have the consent of his/her legal representative to enter in and perform civil transactions, except for civil transactions which are performed for the purpose of meeting the needs of daily life suitable for the age group.
4. Each person who is from fifteen to under eighteen years of age is entitled to enter in and perform civil transactions by himself/herself, except for civil transactions related to real estate, movables required registration and other civil transactions as prescribed by law that are subject to the consent of his/her legal representative.
As regulated above, guest workers refer to Vietnamese citizens with at least 18 years of age living in Vietnam and working abroad under contracts.
Therefore, minors in Vietnam are not allowed to be guest workers.
What are employment formats for Vietnamese guest workers?
Pursuant to Article 5 of the Law on Vietnamese guest workers in 2020 stipulating employment formats for Vietnamese guest workers:
Employment format for Vietnamese guest workers
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.
As regulated above, employment formats for Vietnamese guest workers are as follows:
- Contracts for bringing Vietnamese workers to work abroad signed with service providers for implementation of international agreements.
- Contracts or written agreements regarding bringing Vietnamese workers to work abroad signed with any of following enterprises, organizations and individuals:
+ Vietnamese enterprises providing guest worker service;
+ Vietnamese enterprises awarded with contracts for foreign constructions and/or projects;
+ Vietnamese enterprises bringing Vietnamese workers abroad for training, improvement and enhancement;
+ Vietnamese organizations and individuals making outward investment.
- Employment contracts between Vietnamese workers and foreign employers.
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