What are the regulations on recruitment of Vietnamese guest workers?

Circular No. 21/2007/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs of Vietnam guides the recruitment of guest workers, which is specified in Points b and c, Clause 2, Article 27 of the Law on Vietnamese Guest Workers of Vietnam, as follows:

- When recruiting workers, a service enterprise and its branches assigned the task of sending workers abroad shall post up at their offices the number of workers to be recruited, their sexes and ages, jobs to be done, working places, terms of contract, conditions on health, job skills and foreign language proficiency, expenses to be paid by workers in order to work overseas, their basic rights and obligations during the overseas working term.

- When recruiting workers in a locality, a service enterprise and its branches assigned the task of sending workers abroad shall produce licenses and notify the recruitment plan and conditions specified at Point a of this Clause to the provincial/municipal Labor, War Invalids and Social Affairs Service and local authorities of the district and commune where the enterprise recruits workers.

- A service enterprise shall make commitment with workers who are recruited to work overseas on the time of waiting for their exit.

- During the time committed by the service enterprise, if a worker no longer wants to work overseas, the service enterprise shall return him/her the dossier and the worker shall bear all expenses (if any) which the enterprise has paid to carry out procedures for him/her to work overseas, including expenses for dossiers, health check, training of necessary knowledge, learning materials and accommodation in the training period, and entry visa.

- Past the committed time limit, if the service enterprise cannot yet send the worker abroad, it must notify the reason to that worker. If the worker no longer wants to go to work abroad, within 15 days after being notified by the worker, the service enterprise shall return the dossier to him/her and expenses he/she has paid, including dossier expenses, training fees, visa fees, air ticket expenses, service and brokerage charges, and shall carry out procedures to refund the worker's deposits.

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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