17 Prohibited acts in bringing Vietnamese workers to work overseas

17 Prohibited acts in bringing Vietnamese workers to work overseas (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who are Vietnamese guest workers?

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

2. Prohibited acts in bringing Vietnamese workers to work overseas

Specifically, in Article 7 of the Law on Vietnamese guestworkers 2020, prohibited acts in bringing Vietnamese workers to work overseas include:

(1) Manipulating, inciting, promising, advertising, providing false information or employing other tricks to deceive workers; exploiting provision of Vietnamese guest workers services to conduct illegal migration, human trafficking, labor abuse or other violations against regulations and law

(2) Assisting workers or acting workers to follow up procedures for bringing workers to work abroad before without consensus of competent authorities as specified under the Law on Vietnamese guestworkers 2020.

(3) Forcing, manipulating, inciting or tricking Vietnamese workers to stay abroad.

(5) Discriminating; humiliating workers; abusing workers in affairs related to bringing Vietnamese workers to work abroad.

(6) Providing Vietnamese guest worker service without license; using license of other enterprises or lending enterprise license to other individuals to provide Vietnamese guest worker service.

(7) Assigning provision of Vietnamese guest worker service to branches of enterprises in a manner that contradicts the Law on Vietnamese guestworkers 2020.

(8) Exploiting preparation of workforce and selection of workers for work abroad to charge workers for money against the law.

(9) Charging workers with broker fees.

(10) Charging workers with service fees against the Law on Vietnamese guestworkers 2020.

(11) Adopting measures other than deposit payment and guarantee specified under the Law on Vietnamese guestworkers 2020 to ensure execution of obligations.

(12) Working abroad or bringing Vietnamese workers to work abroad in a manner that violates national security, social security and safety, social morality, worker’s health and community or in a manner that is rejected by host countries.

(13) Working abroad or bringing Vietnamese workers to work abroad in any of following professions:

- Massage staffs in restaurants, hotels or amusement parks;

- Professions that require regular contact with explosives, toxic substances in metal (copper, lead, mercury, silver, zinc) works; manganese, dioxide, mercury;

- Professions that require contact with exposed radiation sources or professions that include extraction of radioactive ores;

- Manufacturing and packaging professions that require regular contact with nitric acid, sodium sulfate, disulfur of carbons, pesticides, herbicides, rodenticides, antiseptic and highly toxic insecticide;

- Professions that include hunting dangerous beasts, crocodiles or sharks;

- Professions that require regular stay in hypoxide or high pressure environment (underground or seabed);

- Professions that include shrouding, cremating or bone collecting.

(14) Working abroad or bringing Vietnamese workers to work abroad in any of following areas:

- Active combat zones or potential active combat zones;

- Radioactive areas;

- Contaminated areas;

- Areas with particularly dangerous epidemic(s).

(15) Voluntarily staying overseas against the law after terminating employment contracts or vocational training contracts.

(16) Obstructing, hindering or harassing workers or Vietnamese enterprises, organizations and individuals in bringing Vietnamese to work abroad.

(17) Issuing license for provision of Vietnamese guest worker service to enterprises deemed ineligible according to the Law on Vietnamese guestworkers 2020.

(18) Utilizing fund for overseas employment in a manner that contradicts regulations and law.

3. Employment format for Vietnamese guest workers

Employment format for Vietnamese guest workers includes:

- 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.

(Article 5 of the Law on Vietnamese guestworkers 2020)

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