Vietnam: Persons working abroad under directly-concluded contracts are required to have adequate foreign language

16:55, 09/12/2020

This is the new content stipulated in the Law on Vietnamese Guest Workers 2020.

Vietnamese workers working abroad must have a certificate for completion of orientation education

XKLĐ theo diện giao kết trực tiếp bắt buộc phải có trình độ về ngoại ngữ

According to the Law on Vietnamese Guest Workers 2006, employment format for Vietnamese guest workers includes individual contracts, which are changed to employment contracts between Vietnamese workers and foreign employers according to the new provision of the Law on Vietnamese Guest Workers 2020.

Although the names are different, the essence is the same, they are all due to an individual of a Vietnamese worker who directly engages with an overseas employer.

However, the Law on Vietnamese Guest Workers 2020 has changed the eligibility for Vietnamese workers going to work abroad under the employment contract directly concluded compared to the current regulations, specifically as follows:

Eligibility	Law on Vietnamese Guest Workers 2006	Law on Vietnamese Guest Workers 2020
	Having full legal capacity	Having full legal capacity
	Voluntarily working abroad	Voluntarily working abroad
	Observing law and having good moral qualities	NO PROVISION
	Having adequate health according to regulations and law of Vietnam and requirements of host countries	Having adequate health according to regulations and law of Vietnam and requirements of host countries
	Being not banned from exiting Vietnam under Vietnamese law	Not being listed under cases of prohibited from making exit, ineligible for making exit and suspended from making exit as per the law
	Having an individual contract	Having an employment contract
	Having a certificate of registration of the individual contract issued by the provincial/municipal Service of Labor, War Invalids and Social Affairs of the locality where he/she resides	Having written confirmation regarding registration of employment contracts of specialized labor agencies affiliated to People’s Committees of provinces where workers reside
	NO PROVISION	Having adequate foreign language, specialty, education level, skill requirements and other requirements according to host countries

Moreover, according to the Law on Vietnamese Guest Workers 2020, directly-concluded employment contracts have been supplemented a number of contents compared to current regulations, including:

- Living conditions, travel conditions;

- Social insurance, health insurance, occupational accident and disease insurance, other insurances (if any);

- Responsibilities of foreign employers in case of occupational accidents or risks related to workers while working abroad (Current regulations only stipulates responsibilities of the employer in case the worker dies while working abroad).

Le Hai

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