Recently, the National Assembly of Vietnam has issued the Law on Vietnamese Guest Workers. According to this Law, Vietnamese workers working abroad must have a certificate for completion of orientation education.
Article table of contents
According to Article 44 of the Law on Vietnamese Guest Workers 2020, Vietnamese workers are allowed to work abroad (labor export) when fully meeting the following conditions:
- Having full legal capacity;
- Voluntarily working abroad;
- Having adequate health according to regulations and law of Vietnam and requirements of host countries;
- Having adequate foreign language, specialty, education level, skill requirements and other requirements according to host countries;
- Having a certificate for completion of orientation education;
- Not being listed under cases of prohibited from making exit, ineligible for making exit and suspended from making exit as per the law.
Thus, according to the above provisions, one of the conditions for Vietnamese workers to work abroad is to have a certificate for completion of the orientation education, which is a new regulation compared to previous regulation.
Previously, according to Article 42 of the Law on Vietnamese Guest Workers 2006, Vietnamese workers working abroad must have a certificate of possession of necessary knowledge. It did not stipulate the condition of having a certificate for completion of orientation education.
Thus, from January 01, 2021, provision on certificate of possession of necessary knowledge will be annulled and replaced with certificate for completion of orientation education. Orientation education consists of:
- Vietnamese tradition and customs;
- Basic knowledge on regulations and law of Vietnam and of host countries;
- Basic contents of contracts related to provision of Vietnamese guest worker service;
- Ability to spend, save and send money to Vietnam while working abroad;
- Labor discipline, occupational safety and hygiene;
- Traditions and customs of host countries;
- Behavior in work and daily life;
- Use of communication, traffic and trading equipment; use of devices and equipment serving daily activities;
- Basic knowledge on labor abuse, prevention and counter of human trafficking, gender equality, sexual harassment, gender violence and prevention measures;
- Basic provisions on citizen protection, protection of legal rights and interests and issues to be aware of while working abroad;
- Orientation regarding access to employment opportunity after repatriating;
- Information on address and hotline for assisting workers while working abroad.
It can be seen that a certificate for completion of orientation education is one of the requirements that Vietnamese workers must meet to work abroad. Enterprises, service providers, Vietnamese organizations and individuals providing Vietnamese guest worker service are responsible for organizing orientation education and issuing certificates for completion of orientation education for workers before working abroad. (Note: Minister of Labor – War Invalids and Social Affairs of Vietnam shall prescribe programs, contents, duration of orientation education, form and duration of certificate for completion of orientation education courses).
Ty Na
- Key word:
- Law on Vietnamese Guest Workers 2020
