If the enterprise hires facilities to organize orientation education, what is minimum duration of hiring facility in Vietnam?
If the enterprise hires facilities to organize orientation education, what is minimum duration of hiring facility in Vietnam? What are obligations of service providers of Vietnamese guest worker service?
I would like to ask if a public service unit that sends Vietnamese guest workers, when they want to provide services, they must rent the facility for at least how many years? What obligations will service providers perform?
If the enterprise hires facilities to organize orientation education, what is minimum duration of hiring facility in Vietnam?
Pursuant to Article 5 of Decree 112/2021/ND-CP stipulating requirements for facilities serving organization of orientation education for workers as follows:
1. Facilities serving organization of orientation education shall meet safety and hygiene conditions and the following requirements:
a) It is required to have adequate study rooms and boarding rooms for at least 100 trainees at any given time; places for first aid and emergency with first aid and emergency equipment;
b) The area of a study room is at least 1,4 m2/trainee with basic equipment for study;
c) The area of a boarding room is at least 3,5 m2/trainee with basic amenities; there must be no more than 12 trainees per room; there are separate boarding areas for male and female trainees, each with their own bathrooms and restrooms.
2. If the enterprise hires facilities to organize orientation education, the remaining hiring duration shall be at least 02 years at the time when the enterprise submits application for issuance of the license.
3. The branch assigned by the service enterprise to organize orientation education shall have facilities that meet safety and hygiene conditions, study rooms and boarding rooms in accordance with regulations in Point b and Point c Clause 1 of this Article and the hiring duration shall be at least 02 years if the branch hires facilities.
4. The service enterprise shall maintain the right to legally use facilities to organize orientation education during the period of provision of Vietnamese guest worker service.
Thus, according to current regulations in Vietnam, if an orientation education organization wants to operate, when renting a facility, it must meet the physical conditions specified above for at least 02 years.
If the enterprise hires facilities to organize orientation education, what is minimum duration of hiring facility in Vietnam? (Image from the Internet)
What are obligations of service providers of Vietnamese guest worker service?
In addition, Article 43 of the Law on Vietnamese guest worker 2020 stipulates rights and obligations of service providers of Vietnamese guest worker service as follows:
2. Service providers have the obligations to:
a) report to Ministry of Labor – War Invalids and Social Affairs and supervisory authorities of service providers on provision of Vietnamese guest worker service together with copies of labor supply contracts (if any) and form-based contract for provision of guest worker service at least 15 days before providing Vietnamese guest worker service;
b) provide accurate and adequate information on quantity, recruitment quality, salary, working conditions, rights and obligations of guest workers and upload on website of the service providers;
c) within 5 working days from the date on which workers travel abroad, service providers must update information of workers brought abroad by the service providers on database system on Vietnamese guest workers on a monthly basis.
d) organize orientation education and issue certificate for completion of orientation education for workers;
dd) cooperate with overseas Vietnamese diplomatic missions in managing, protecting legal rights and interests of workers and dealing with arising issues of workers who are working abroad;
e) liquidate contracts for provision of Vietnamese guest worker service within 180 days from the date on which workers terminate employment contracts;
g) on an annual basis or irregular basis, report on provision of Vietnamese guest worker service as prescribed by Minister of Labor – War Invalids and Social Affairs;
h) implement request of competent authorities and cooperate with relevant agencies and organizations of host countries in settling conflicts relating to workers; deal with deriving issues in case workers decease or face occupational accidents, occupational diseases, life-threatening risks, health, self-esteem, dignity, or property risks, natural disasters, diseases, combats, political unrests or emergencies or other force majeure;
i) compensate workers according to signed contracts and regulations and law on for damage caused by the service providers.
Best regards!
