Employment format for Vietnamese guest workers

Employment format for Vietnamese guest workers (Internet image)

1. Who are Vietnamese guest workers?

According to Clause 1, Article 3 of the Law on Vietnamese guest workers 2020, Vietnamese guest workers refer to Vietnamese citizens with at least 18 years of age living in Vietnam and working abroad according to Law on Vietnamese guest workers 2020.

2. Employment format for Vietnamese guest workers

Employment format for Vietnamese guest workers specified in Article 5 of the Law on Vietnamese guest workers 2020, are as follows:

- Contracts for bringing Vietnamese workers to work abroad signed with service providers for implementation of international agreements.

- Contracts or written agreements regarding bringing Vietnamese workers to work abroad signed with any of following enterprises, organizations and individuals:

+ Vietnamese enterprises providing guest worker service;

+ Vietnamese enterprises awarded with contracts for foreign constructions and/or projects;

+ Vietnamese enterprises bringing Vietnamese workers abroad for training, improvement and enhancement;

+ Vietnamese organizations and individuals making outward investment.

- Employment contracts between Vietnamese workers and foreign employers.

3. Rights and obligations of Vietnamese guest workers

3.1. Rights of Vietnamese guest workers

Specifically, in Clause 1, Article 6 of the Law on Vietnamese guest workers 2020, 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.

3.2. Obligations of Vietnamese guest workers

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.

Thanh Rin

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