Rights & Obligations of Enterprises Providing Services to Send Vietnamese Workers Abroad

Rights & obligations of service enterprises sending Vietnamese workers abroad (illustrative photo)

The law specifies the rights and obligations of service enterprises that send Vietnamese workers abroad under contracts in the Draft Law on Vietnamese Workers Working Abroad under Contracts (Amendment) as follows:

- Service enterprises have the following rights:

- Implement the provisions of Article 9 of the Draft Law on Vietnamese Workers Working Abroad under Contracts (Amendment).- Agree with workers on service fees, deposits, and guarantees to execute contracts for sending Vietnamese workers abroad according to the provisions of the Law.- Unilaterally terminate the Contract for sending Vietnamese workers abroad after the service enterprise has notified three times by registered mail within 150 days, from the date the worker terminates the Labour Contract, that neither the worker nor their legal representative has come to liquidate the contract; or from the day the worker extends the Labour Contract but does not fulfill the rights and obligations agreed upon in the Contract for sending Vietnamese workers abroad;- File complaints or initiate lawsuits regarding decisions or acts of legal violations in the activity of sending Vietnamese workers abroad.

- Service enterprises have the following obligations:

- Fulfill obligations stipulated in Clause 2, Article 16, Articles 18, 21, 29, 30, and 31 of the Draft Law on Vietnamese Workers Working Abroad under Contracts (Amendment).- Publish on the service enterprise's electronic information page details about the owner's equity; deposit accounts for services of sending workers abroad; legal representative; list of professional staff; main office address, facilities for pre-departure orientation training; and decision assigning tasks to dependent units, and update when there are changes in these contents;- Commit in writing to selecting workers after participating in the enterprise's source preparation activities (if any); provide accurate information to workers and local authorities at the place of recruitment about the quantity, selection standards, conditions, benefits, and obligations of workers according to the Labour Provision Contract; directly select workers and do not collect recruitment fees from workers; publicly announce selection results and the list of successful candidates; comply with the content in the contract registration approved by the competent authority;- Organize and issue certificates of participation in pre-departure orientation training for workers under the provisions of this Law; guide workers to participate in social insurance according to the law;- Commit in writing the waiting time for departure after workers are selected to work abroad, with a maximum duration of 6 months from the date the worker is selected;- Manage and protect the legitimate rights and interests of workers sent abroad by the enterprise; have professional staff managing and supporting workers abroad as guided by the Ministry of Labor - Invalids and Social Affairs; ensure the provision of legal assistance in cases workers need help due to abuse, violence, or discrimination during their work abroad;- Fulfill requests from competent authorities and cooperate with foreign parties receiving workers to resolve disputes related to workers working abroad; resolve issues arising when a worker dies or suffers a work accident, occupational disease, or is harmed in life, health, honor, dignity, property, or in cases of emergency as declared by the competent authorities of Vietnam or the host country;- Compensate workers for damages caused by the enterprise according to legal provisions; liquidate the Contract for sending Vietnamese workers abroad with the worker within 180 days from the date the worker legally terminates the Labour Contract.- Advise and support workers upon returning home;- Contribute to the Overseas Employment Support Fund as stipulated by the Law.- Periodically (every 06 months, annually, or ad-hoc) report to the Ministry of Labor - Invalids and Social Affairs on the service activities of sending Vietnamese workers abroad under contracts, and report to the specialized labor agency of the provincial People's Committee the results of labor source preparation (if any), recruitment results, and the number of local workers sent abroad;- Report the list of workers sent by the enterprise and fulfill the requirements of Vietnamese diplomatic representative agencies and consulates abroad to handle arising cases.

Service enterprises must ensure to uphold their rights and avoid violations.

More details can be found in the Draft Law on Vietnamese Workers Working Abroad under Contracts (Amendment)

Long Binh

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