Vietnam: Eligibility for service providers bringing workers to work as domestic workers in receiving countries in the Middle East

Specifically, according to Decree No. 38/2020/NĐ-CP of Vietnam’s Government, enterprises permitted to organize guest worker programs (hereinafter referred to as “service providers”) which are not imposed with administrative penalties regarding organizing guest worker programs within 2 years up to the date of submitting the application for the first time may bring workers to work as domestic workers in receiving countries in the Middle East if the service providers:

- Have rooms to practice necessary skills equipped with necessary equipment and tools for domestic services, etc. which are satisfactory to culture and customs of receiving countries in the Middle East.

- Have specialized employees with at least 1 year of experience in bringing workers to work in receiving countries in the Middle East.

- Have at least 1 standing employee managing workers in each receiving country in the Middle East. The employee must have at least 1 year of experience in managing guest workers, be fluent in Arabic or English of at least B1 proficiency level (according to the CEFR) or similar levels.

Service providers are limited liability companies, joint stock companies and partnerships which are established and operating according to Law on Enterprises and satisfy following capital requirements: 

1. Legal capital must not be lower than VND 5,000,000,000.

2. Owners, members and shareholders must be domestic investors according to the Law on Investment.

Besides, Decree No. 38/2020/NĐ-CP also stipulates that training and managing workers working as domestic workers in receiving countries in the Middle East as follows:

- The service providers must organize courses to provide necessary knowledge (at least 74 periods), domestic worker training (at least 145 periods) and teach Arabic or English (at least 145 periods for the workers. Total training duration must not be shorter than 45 days.

- Within 5 working days from the date on which training starts, service providers shall submit 1 original copy of list of workers (including full name, date of birth, passport number/ID number/Citizen Identification Card number) participating in the course in person or via postal services and email to Ministry of Labor – War Invalids and Social Affairs and update the list (in case of any change).

- Service providers shall only submit application for issuance of visas for the workers once the workers have completed training courses specified in Clause 1 of this Article. Upon submitting application for issuance of visas, the service providers shall attach 1 original copy of list of workers (including full name, date of birth, passport number) in person or via postal service and e-mail to the Ministry of Labor – War Invalids and Social Affairs.

- Service providers must send standing employees managing workers at receiving countries specified in Clause 3 Article 25 of this Decree before bringing the workers and their address, phone number to the Ministry of Labor – War Invalids and Social Affairs and representative missions of Vietnam in receiving countries in the Middle East.

View more details at Decree No. 38/2020/NĐ-CP of Vietnam’s Government, effective from May 20, 2020.

Le Hai

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