Is tour guiding a job that can be outsourced in Vietnam?

Is tour guiding a job that can be outsourced in Vietnam?

In Appendix II issued with Decree 145/2020/NĐ-CP, the list of jobs that can be outsourced to labor is specified as follows:

According to the above regulations, tour guiding is a job that can be outsourced in Vietnam

Is tour guiding a job that can be outsourced in Vietnam? - Source: Internet

What are the fines for using labor that is not in the list of jobs that can be outsourced in Vietnam?

Pursuant to Clause 2 Article 13 of the Decree 12/2022/NĐ-CP stipulating violations against regulations on labour outsourcing as follows:

2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed upon a client enterprise for commission of one of the following violations:

a) Using outsourced workers to perform works which are not included in the list of permissible outsourced jobs;

b) Using outsourced workers supplied by an enterprise that fails to possess a labour outsourcing license or uses an expired labour outsourcing license;

c) Using outsourced workers to replace other employees during a strike or settlement of labour disputes;

d) Using outsourced workers to replace employees who are dismissed due to changes in organizational structure or technology, economic reasons, full division, partial division, consolidation or merger of the enterprise;

dd) Dispatching outsourced workers to other employers;

e) Using outsourced workers without entering into an agreement with the outsourcing enterprise on responsibility to make compensation for outsourced workers suffering from occupational accidents or diseases;

g) Using outsourced workers in cases other than the following cases: the employment is necessary for the sharp increase in labor demand over a limited period of time; the outsourced worker is meant to replace another employee who is taking maternal leave, or suffers from an occupational accident or occupational disease or has to fulfill his/her citizen’s duties; the work requires highly skilled workers.

Pursuant to Clause 1 Article 6 of the Decree 12/2022/NĐ-CP stipulating as follows:

1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

Therefore, a company that uses labor that is not in the list of jobs that can be outsourced is fined from VND 80 million to VND 100 million.

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