Recently, the Ministry of Labor, War Invalids and Social Affairs of Vietnam issued Circular No. 21/2007/TT-BLDTBXH guiding the Law on Vietnamese Guest Workers and Decree No. 126/200/ND-CP detailing and guiding a number of articles of the Law on Vietnamese Guest Workers.
Specifically, Circular No. 21/2007/TT-BLDTBXH stipulates that labor supply contracts must be registered with the Ministry of Labor, Invalids and Social Affairs of Vietnam. Procedures for registration of labor supply contracts of service enterprises are specified as follows:
A dossier of registration of a labor supply contract comprises:
- The enterprises written registration of the labor supply contract, made according to the form in Appendix 05 to this Circular;
- A copy of the labor supply contract, enclosed with its Vietnamese translation;
- Documents evidencing that the sending of workers abroad accords with the law of the host country, enclosed with their Vietnamese translations;
- The plan for performance of the labor supply contract;
- Other documents related to each market according to regulations.
Procedures for registration of labor supply contracts:
- Enterprises shall submit dossiers of registration of labor supply contracts to the Guest Workers Administration Bureau.
- Within 10 days after receiving a complete and valid dossier, the Guest Workers Administration Bureau shall give a written reply to the enterprise and state the reason for refusal, if any.
Besides, Circular No. 21/2007/TT-BLDTBXH also stipulates the dossiers of, procedures for, registration of intern acceptance contracts of enterprises sending workers abroad for working in the form of skill improvement internship, specifically as follows:
A dossier of registration of an intern acceptance contract comprises:
- The written registration of the intern acceptance contract, made according to the form in Appendix 06 to this Circular;
- A copy of the intern acceptance contract, enclosed with its Vietnamese translation;
- Documents evidencing that the sending of workers abroad accords with the law of the host country.
- A copy of the business registration certificate;
- The certificate of the enterprise's deposits, issued by the commercial bank where the enterprise pays deposits.
Procedures for registration of intern-acceptance contracts:
- An enterprise sending workers abroad for working in the form of skill improvement internship shall submit the dossier of registration of performance of an inter-acceptance contract to the Guest Workers Administration Bureau, if the contract has a term of 90 days or more, and to the provincial/municipal Labor, War Invalids and Social Affairs Service in the locality where the enterprise is headquartered, if the contract has a term of under 90 days.
- Within 10 days after receiving a complete and valid dossier, the Guest Workers Administration Bureau or the provincial/municipal Labor, War Invalids and Social Affairs Service shall reply to the enterprise in writing, stating the reason for refusal, if any.
View more details at Circular No. 21/2007/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam, effective from November 07, 2007.
Ty Na
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