Recently, the National Assembly of Vietnam has issued the Law on Vietnamese guest workers 2020. This Law has had several new regulations compared to the Law on Vietnamese guest workers 2006.
Article table of contents
According to Clause 1 Article 8 of the Law on Vietnamese guest workers 2020: “Provision of Vietnamese guest worker service is a conditional line of business and shall only be provided by Vietnamese enterprises having license for providing Vietnamese guest worker service issued by the Minister of Labor – War Invalids and Social Affairs.”
Thus, in order to be permitted to provide provision of Vietnamese guest worker service, Vietnamese enterprises are required to obtain a license for providing Vietnamese guest worker service. An enterprise shall be issued with license for provision of Vietnamese guest worker service if the enterprise:
- Has at least VND 5 billion of charter capital; has owners, members and shareholders who are domestic investors according to Law on Investment; (according to the Law on Vietnamese guest workers 2006, it was only stipulated that the enterprise must have legal capital of VND 5 billion, without stipulating that its owners, members and shareholders are domestic investors)
- Has made deposit payments according to Article 24 of the Law on Vietnamese guest workers 2020;
- Has Vietnamese nationals as legal representatives with at least higher education level and at least 5 years of experience in providing Vietnamese guest worker service or employment services; (according to the Law on Vietnamese guest workers 2006, the enterprise’s legal representatives must have at least 3 years of experience)
+ He/she is not criminally prosecuted; has no criminal records regarding violation to national security, charges that violate life, health, self-esteem or dignity of human beings, fraudulence for appropriation, credibility abuse for appropriation, false advertisement, manipulating customers, organizing or allowing other individuals to migrate or stay in Vietnam illegally, organizing or allowing other individuals to travel abroad or stay abroad illegally, forcing other individuals to travel abroad or stay abroad illegally; (new provision)
- Has adequate number of professional employees to implement provisions of Article 9 of the Law on Vietnamese guest workers 2020; (new provision)
- Has adequate facilities of enterprises or is continuously hired by enterprises to satisfy orientation education for Vietnamese guest workers; (new provision)
- Has a web page. (new provision)
In addition to new provisions mentioned above, the Law on Vietnamese guest workers 2020 also annulled the condition that the enterprise must have a specialized section to provide necessary knowledge for workers before sending them abroad and to provide guest worker services in accordance with regulations of the Ministry of Labor, War Invalids and Social Affairs. For an enterprise participating in the sending of workers abroad for the first time, a plan on organization of the specialized section in charge of providing necessary knowledge for workers and sending them abroad is required.
Besides, this Law also stipulates that the license for provision of Vietnamese guest workers shall have following details: license No. and date of issue; enterprise name; enterprise ID number; head office address; phone number; web page address.
The Law on Vietnamese guest workers 2020 takes effect from January 01, 2022.
Le Hai
- Key word:
- Law on Vietnamese Guest Workers 2020
