Regulations on registration of labor supply agreements in Vietnam

Regulations on registration of labor supply agreements in Vietnam (Internet image)

1. What are labor supply agreements?

Clause 1, Article 19 of the Law on Vietnamese guest workers 2020 stipulates labor supply agreements are as follows:

Labor supply agreements are written agreements between Vietnamese service enterprises with foreign employment receivers on conditions, rights and obligations of parties in providing and receiving Vietnamese guest workers.

2. Contents of labor supply agreements

In Clause 2, Article 19 of the Law on Vietnamese guest workers 2020, labor supply agreements must conform to regulations and law of Vietnam and host countries and contain following details:

- Duration of contracts;

- Number of workers; field of operation; age of workers;

- Host countries;

- Working location if contracts are signed with foreign employers;

- Working conditions and environment;

- Working hours and break time;

- Occupational safety and hygiene;

- Salary, wages, other benefits and bonuses (if any); overtime payments; payments taken from salary according to regulations and law of host countries;

- Living, working and commuting conditions;

- Medical examination, treatment and reproductive health policies;

- Social insurance, health insurance, occupational accident and disease insurance;

- Conditions for premature contract termination by workers and responsibilities for paying damages;

- Service fee paid by foreign employment receivers (if any);

- Responsibilities to pay travel cost from Vietnam to work place and vice versa;

- Responsibilities of parties when workers face risks while working abroad;

- Responsibilities of parties in dealing with arising issues for workers while working abroad;

- Mechanisms, procedures and regulations and law on solving conflicts;

- Other agreements that do not contradict regulations and law and social moral.

3. Regulations on registration of labor supply agreements in Vietnam

Article 20 of the Law on Vietnamese guest workers 2020 stipulates the registration of labor supply agreements as follows:

- Service enterprises shall only register labor supply agreements after receiving written consensus of Ministry of Labor – War Invalids and Social Affairs.

- Application for registering labor supply agreements consists of:

+ Written registration for labor supply agreements;

+ Copies of labor supply contracts together with certified Vietnamese translation;

+ Documents proving compliance with regulations and law of host countries of provision of Vietnamese guest workers.

- Within 5 working days from the date on which adequate applications are received, Ministry of Labor – War Invalids and Social Affairs shall respond service enterprises in writing or provide reasons in case of rejection; in case overseas appraisal is required, inform service enterprises within 3 working days from the date of receiving appraisal results.

- Minister of Labor – War Invalids and Social Affairs shall prescribe forms of documents specified under Point a and Point c Clause 2 of Article 20 of the Law on Vietnamese guest workers 2020.

Ngoc Nhi

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