Rights and obligations of enterprises providing Vietnamese guest worker services

Rights and obligations of enterprises providing Vietnamese guest worker services​ (illustrative photo)

Vietnamese law specifies the rights and obligations of enterprises providing Vietnamese guest worker services in the Draft Law on Vietnamese guest workers (Amendment) as follows:

- Service enterprises have the following rights:

- Implement the provisions of Article 9 of the Draft Law on Vietnamese guest workers (Amendment).

- Agree with workers on service fees, deposits, and guarantees to execute contracts for bringing Vietnamese workers abroad for employment according to the provisions of the Law.

- Unilaterally terminate the Contract for bringing Vietnamese workers abroad for employment after the service enterprise has notified three times by registered mail within 150 days, from the date the worker terminates the employment contract, that neither the worker nor their legal representative has come to liquidate the contract; or from the day the worker extends the employment contract but does not fulfill the rights and obligations agreed upon in the contract for bringing Vietnamese workers abroad for employment;

- File complaints or initiate lawsuits regarding decisions or legal violations in bringing Vietnamese workers abroad for employment.

- 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 guest workers (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 labor supply contract; directly select workers and do not collect recruitment fees from workers; publicly announce the 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 bringing Vietnamese workers abroad for employment with the worker within 180 days from the date the worker legally terminates the employment contract.

- Advise and support workers upon returning home;

- Contribute to the Fund for overseas employment as stipulated by the Law.

- Periodically (every 06 months, annually, or ad-hoc) report to the Ministry of Labor - Invalids and Social Affairs on bringing Vietnamese workers abroad for employment, and report to the employment authority 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 missions and consular offices in the country where the workers are working to handle arising cases.

Service enterprises must exercise their rights and avoid violations.

More details can be found in the Draft Law on Vietnamese guest workers (Amendment)

Long Binh

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