The ceiling service fee under brokerage agreements for bringing Vietnamese workers to work abroad as of May 15, 2024

The ceiling service fee under brokerage agreements for bringing Vietnamese workers to work abroad as of May 15, 2024 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On February 23, 2024, the Minister of Labor - Invalids, and Social Affairs issued Circular 02/2024/TT-BLDTBXH, amending and supplementing certain provisions of Circular 21/2021/TT-BLDTBXH guiding the Law on Vietnamese guest workers 2020.

The ceiling service fee under brokerage agreements for bringing Vietnamese workers to work abroad from May 15, 2024, is regulated as follows:

(1) The ceiling service fee under brokerage agreements is determined by the agreement between the service enterprise and the intermediary organization or individual, but it must not exceed 0.5 months of the worker's salary under the contract for every 12 months of work.

In cases where the employment contract has a working term of 36 months or more, the ceiling service fee under brokerage agreements shall not exceed 1.5 months of the worker's salary under the contract.

(2) The specific ceiling service fee under brokerage agreements for certain markets, sectors, professions, and jobs is stipulated in Appendix X, issued together with Circular 02/2024/TT-BLDTBXH.

According to the provisions of Article 22 of the Law on Vietnamese guest workers 2020 (amended in Clause 12, Article 73 of the Price Law 2023), a brokerage contract is a written agreement between a service enterprise and a service enterprise. Intermediary organizations and individuals introducing foreign parties to receive Vietnamese workers to enter into labor supply contracts according to the provisions of the Law on Vietnamese guest workers 2020.

In particular, the service price under brokerage agreements is agreed upon by both parties and clearly stated in the contract but does not exceed the ceiling according to regulations of the Ministry of Labor, War Invalids and Social Affairs.

Rights and obligations of Vietnamese guest workers

The phrase "Vietnamese guest workers" refers to Vietnamese workers who go to work abroad under contract. These subjects will have the following rights and obligations:

(1) Vietnamese guest workers shall have rights to:

- be provided with Vietnamese regulations and law on Vietnamese guest workers; policies, laws, customs and traditions of host countries related to the workers; rights and obligations of parties when working abroad;

- be advised and assisted to execute rights, obligations and receive benefits under employment contracts and vocational training contracts;

- benefit from salary, wages, medical examination and treatment policies, social insurance, occupational accident insurance, other policies according to employment contracts; inward transfer of salary, wages, income and other legal assets of individuals according to regulations and law of Vietnam and host countries;

- be protected in terms of legal rights and benefits during period of working abroad under contracts conforming to regulations and law of Vietnam and host countries and international practices;

- unilaterally terminate employment contracts if workers are bused, exploited by employers, facing life-threatening risks or sexual harassment during period of working abroad;

- benefits from policies assisting labor, occupation and rights from Fund for overseas employment as per the law;

- not pay social insurance or person income tax twice in Vietnam and host countries if Vietnam and the host countries have entered into agreements on social insurance or double taxation agreements;

- complain, accuse and file lawsuits against violations to regulations and law in bringing Vietnamese workers abroad;

- be advised, assisted in terms of employment and start-up after repatriating and access voluntary social psychological consulting service.

(2) Vietnamese guest workers shall have obligations to:

- comply with regulations and law of Vietnam and host countries;

- preserve and emphasize culture and traditions of Vietnam; respect traditions and customs of host countries; cooperate with workers in host countries;

- complete orientation education course before working abroad;

- submit service fees and deposit payments as specified under this Law;

- work as pert the law; comply with labor discipline and regulations; comply with management, administration and supervision of foreign employers according to employment contracts;

- compensate for violations of signed contracts according to regulations and law of Vietnam and host countries;

- repatriate in a timely manner after terminating employment contracts and vocational training contracts; inform residence registration authorities before working abroad or after repatriating according to Law on Residence within 15 days from the date of repatriation;

- submit tax and participate in social insurance and other forms of insurance according to regulations and law of Vietnam and host countries;

- contribute the fund for overseas employment.

(Article 6 of the Law on Vietnamese guest workers 2020)

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