Is it permissible for Vietnamese guest workers to work in funeral services?

Is it permissible for Vietnamese guest workers to work in funeral services?

Pursuant to Clause 12 Article 7 of the Law on Vietnamese Guest Workers in 2020 stipulating prohibited acts in bringing Vietnamese workers to work overseas as follows:

Prohibited acts in bringing Vietnamese workers to work overseas

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12. Working abroad or bringing Vietnamese workers to work abroad in any of following professions:

a) Massage staffs in restaurants, hotels or amusement parks;

b) Professions that require regular contact with explosives, toxic substances in metal (copper, lead, mercury, silver, zinc) works; manganese, dioxide, mercury;

c) Professions that require contact with exposed radiation sources or professions that include extraction of radioactive ores;

d) Manufacturing and packaging professions that require regular contact with nitric acid, sodium sulfate, disulfur of carbons, pesticides, herbicides, rodenticides, antiseptic and highly toxic insecticide;

dd) Professions that include hunting dangerous beasts, crocodiles or sharks;

e) Professions that require regular stay in hypoxide or high pressure environment (underground or seabed);

g) Professions that include shrouding, cremating or bone collecting.

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As regulations above, it is not permissible for Vietnamese guest workers to work in funeral services.

What are prohibited acts for Vietnamese guest workers?

Pursuant to Article 12 of the Decree 141/2005/NĐ-CP stipulating prohibited acts for Vietnamese guest workers as follows:

Prohibited acts

1. Sending Vietnamese workers to work in areas, occupations and jobs prohibited by Vietnamese law or the law of the receiving country.

2. Taking advantage of the name of sending workers to work abroad to organize illegal sending of Vietnamese citizens abroad.

3. Taking advantage of the name of sending workers to work abroad to organize recruitment, training, and collect money from workers in contravention of law.

4. Organization of sending workers abroad to work without registering a contract as prescribed by law.

5. Run away immediately after entering the receiving country.

6. Voluntarily leaving the workplace under the labor contract.

7. Failing to return to the home country upon termination of the labor contract according to the time limit prescribed by the host country.

8. Organize, entice, incite and force workers to go on strike against the law of the host country.

9. Organization of brokering, enticing, seducing and deceiving overseas Vietnamese workers to leave their workplaces under labor contracts.

As regulations above, prohibited acts for Vietnamese guest workers are:

+ Run away immediately after entering the receiving country.

+ Voluntarily leaving the workplace under the labor contract.

+ Failing to return to the home country upon termination of the labor contract according to the time limit prescribed by the host country.

+ Organize, entice, incite and force workers to go on strike against the law of the host country.

+ Organization of brokering, enticing, seducing and deceiving overseas Vietnamese workers to leave their workplaces under labor contracts.

What are rights and obligations of workers brought abroad for employment by service enterprises in Vietnam?

Pursuant to Article 46 of the Law on Vietnamese Guest Workers in 2020 stipulating rights and obligations of workers brought abroad for employment by service enterprises in Vietnam as follows:

Rights and obligations of workers brought abroad for employment by service enterprises

1. Rights and obligations specified under Article 6 of this Law.

2. Sign contracts for provision of Vietnamese guest worker service with service enterprises.

3. Receive compensation in case service enterprises commit infringement of contracts for provision of Vietnamese guest worker service.

4. Terminate contracts for provision of Vietnamese guest worker service with service enterprises if the service enterprises fail to follow commitment under contracts for provision of Vietnamese guest worker service, except for cases in which the parties agree otherwise.

5. Extend or sign new employment contracts satisfactory to regulations and law of host countries.

6. Agree with service enterprises on service fees according to Article 23 of this Law.

7. Agree with service enterprises on deposit payments or introduce guarantors to ensure execution of obligations of contracts for provision of Vietnamese guest worker service.

8. Liquidate contracts for provision of Vietnamese guest worker service with service enterprises within 180 days from the date on which workers terminate employment contracts.

As regulations above, rights and obligations of workers brought abroad for employment by service enterprises in Vietnam are:

- Rights and obligations specified under Article 6 of this Law.

- Sign contracts for provision of Vietnamese guest worker service with service enterprises.

- Receive compensation in case service enterprises commit infringement of contracts for provision of Vietnamese guest worker service.

- Terminate contracts for provision of Vietnamese guest worker service with service enterprises if the service enterprises fail to follow commitment under contracts for provision of Vietnamese guest worker service, except for cases in which the parties agree otherwise.

- Extend or sign new employment contracts satisfactory to regulations and law of host countries.

- Agree with service enterprises on service fees.

- Agree with service enterprises on deposit payments or introduce guarantors to ensure execution of obligations of contracts for provision of Vietnamese guest worker service.

- Liquidate contracts for provision of Vietnamese guest worker service with service enterprises within 180 days from the date on which workers terminate employment contracts.

Best regards!