Conditions for a public service provider in Vietnam to send Vietnamese employees abroad for employment under contract

Conditions for a public service provider in Vietnam to send Vietnamese employees abroad for employment under contract​​ (Image from the Internet)

1. Conditions for a public service provider in Vietnam to send Vietnamese employees abroad for employment under contract

According to Article 42 of the Law on Vietnamese Guest Workers 2020, the conditions for public service providers sending Vietnamese workers to work abroad under contracts are as follows:

- The public service unit stipulated in Clause 3, Article 2 of the Law on Vietnamese Guest Workers 2020 must be assigned in writing by the Minister, the Head of a Ministry-level agency, or the Head of an agency under the Government of Vietnam, the task of sending Vietnamese workers to work abroad under contracts to implement international agreements.

The Minister, Head of a Ministry-level agency, or Head of an agency under the Government of Vietnam is only allowed to assign one public service provider to send Vietnamese workers to work abroad under contracts after obtaining written consent from the Ministry of Labor, Invalids and Social Affairs.

- The head of the public service provider sending Vietnamese workers to work abroad under contracts must hold at least a university degree and have at least 3 years of experience in the field of Vietnamese workers working abroad under contracts, international cooperation, or employment services.

- The public service unit sending Vietnamese workers to work abroad under contracts must operate on a non-profit basis and is not allowed to charge service fees from workers.

2. Rights and obligations of public service providers sending Vietnamese workers to work abroad under contracts

The rights and obligations of public service providers sending Vietnamese workers to work abroad under contracts according to Article 43 of the Law on Vietnamese Guest Workers 2020 are as follows:

- The public service unit has the following rights:

+ Enter into labor supply contracts with foreign parties receiving workers when required by international agreements;

+ Select, train, and sign contracts to send Vietnamese workers to work abroad per the regulations of the Minister of Labor, Invalids and Social Affairs;

+ Agree with workers on deposit and guarantee measures to fulfill contract obligations as stipulated by the Government of Vietnam;

+ Require workers to compensate for damages due to breaching the contract to send Vietnamese workers to work abroad;

+ File complaints or lawsuits regarding decisions or acts violating the law in the field of Vietnamese workers working abroad under contracts;

+ Unilaterally terminate the contract to send Vietnamese workers to work abroad after the service company has announced 3 times via registered letters within 180 days from the date the worker terminates the labor contract without the worker or their legally authorized representative coming to settle the contract, or from the date the worker extends the labor contract without fulfilling rights and obligations in the contract.

- The public service unit has the following obligations:

+ Report to the Ministry of Labor, Invalids and Social Affairs and the managing agency of the public service provider regarding the organization of sending Vietnamese workers to work abroad under contracts, accompanied by copies of labor supply contracts (if any) and the sample contract for sending workers abroad at least 15 days before sending workers abroad;

+ Provide full and accurate information on the number of workers, selection criteria, salaries, working conditions, rights, and obligations of workers going to work abroad and post it on the public service provider's website;

+ Within 5 days from the date the worker exits the country and monthly, update information on workers sent by the public service provider on the database system regarding Vietnamese workers working abroad under contracts;

+ Organize orientation education and issue a certificate of completion of orientation education for workers before going to work abroad;

+ Coordinate with the Vietnamese representative agency abroad to manage and protect the legal rights and interests of workers, and resolve arising issues for workers during their time working abroad;

+ Settle contracts to send Vietnamese workers abroad with workers within 180 days from the date of termination of the labor contract;

+ Annually or irregularly report on the service activities of sending Vietnamese workers to work abroad under contracts as stipulated by the Minister of Labor, Invalids and Social Affairs;

+ Fulfill requests from competent authorities and cooperate with relevant agencies and organizations of the recipient country to resolve disputes related to workers; address issues arising in cases of workers' deaths, occupational accidents, occupational diseases, or infringements on life, health, honor, dignity, property, or in the event of natural disasters, epidemics, wars, political instability, economic recession, emergencies, or due to other force majeure reasons;

+ Compensate workers according to contracts and legal regulations for damages caused by the public service provider.

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