Is it compulsory to register with competent agencies when bringing Vietnamese workers abroad for training?

Is it compulsory to register with competent agencies when bringing Vietnamese workers abroad for training?

Pursuant to Article 39 of the Law on Vietnamese guest workers in 2020 stipulating registration for contracts for receiving intern workers as follows:

1. Contracts for receiving intern workers must be registered as follows:

a) Enterprises bringing Vietnamese workers abroad for training, improvement and enhancement under 90 days must register at specialized labor authorities affiliated to People’s Committees of provinces where head offices of the enterprises are based;

b) Enterprises bringing Vietnamese workers abroad for training, improvement and enhancement for at least 90 days must register at Ministry of Labor – War Invalids and Social Affairs.

2. Within 5 working days from the date on which adequate applications specified under Article 40 of this Law are received, competent authorities specified under Clause 1 of this Article must respond to enterprises in writing or provide reasons in case of rejection.

As regulations above, your company have to register at Ministry of Labor – War Invalids and Social Affairs when bringing 20 Vietnamese workers abroad for training in 120 days.

What are contents of the contracts for receiving intern workers in Vietnam?

Pursuant to Article 37 of the Law on Vietnamese guest workers in 2020 stipulating contracts for receiving intern workers as follows:

1. Contracts for receiving intern workers are written agreements between Vietnamese enterprises with overseas intern receivers on rights and obligations of parties in providing, receiving workers of enterprises for overseas training, improvement and enhancement.

2. Contracts for receiving intern workers must conform to regulations and law of Vietnam and host countries and contain following details:

a) Intern period;

b) Number of workers; field of operation; age of workers;

c) Intern locations;

d) Intern conditions and environment;

dd) Working hours, break time;

e) Occupational safety and hygiene;

g) Salary, wages;

h) Living conditions, travel conditions;

i) Medical examination and treatment;

k) Social insurance, health insurance, occupational accident and disease insurance, other insurances (if any);

l) Conditions for premature contract termination and responsibilities for paying damages;

m) Responsibilities to pay travel cost from Vietnam to work place and vice versa;

n) Responsibilities of parties when workers face risks during internship period;

o) Responsibilities of parties in dealing with arising issues for workers during internship period;

p) Mechanisms, procedures and regulations and law on solving conflicts;

q) Other agreements that do not contradict regulations and law and social moral.

Above are contents of the contracts for receiving intern workers in Vietnam.

What documents are included in the application for contracts for receiving intern workers in Vietnam?

Pursuant to Article 40 of the Law on Vietnamese guest workers in 2020 stipulating application for contracts for receiving intern workers in Vietnam as follows:

1. Application for contracts for receiving intern workers consists of:

a) Written registration for contracts for receiving intern workers;

b) Copies of contracts for receiving intern workers together with certified Vietnamese translation;

c) Documents proving compliance with regulations and law of host countries in bringing Vietnamese workers abroad for training, improvement;

d) Copies of enterprise registration certificates and written proof of enterprise deposit payments according to Clause 2 Article 36 of this Law.

2. Minister of Labor – War Invalids and Social Affairs shall prescribe forms of documents specified under Point a and Point c Clause 1 of this Article.

Above are documents included in the application for contracts for receiving intern workers in Vietnam.

Best regards!