Eligibility for issuance of license for provision of Vietnamese guest worker service

Eligibility for issuance of license for provision of Vietnamese guest worker service (Internet image)

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

1. Eligibility for issuance of license for provision of Vietnamese guest worker service

According to Clause 1, Article 10 of the Law on Vietnamese guest workers 2020, an enterprise shall be issued with license for provision of Vietnamese guest worker service if the enterprise:

- Has at least VND 5 billion of charter capital; has owners, members and shareholders who are domestic investors according to Law on Investment; and

- Has made deposit payments according to Article 24 of the Law on Vietnamese guest workers 2020; and

- Has Vietnamese nationals as legal representatives with at least higher education level and at least 5 years of experience in providing Vietnamese guest worker service or employment services;

Is not criminally prosecuted; has no criminal records regarding violation to national security, charges that violate life, health, self-esteem or dignity of human beings, fraudulence for appropriation, credibility abuse for appropriation, false advertisement, manipulating customers, organizing or allowing other individuals to migrate or stay in Vietnam illegally, organizing or allowing other individuals to travel abroad or stay abroad illegally, forcing other individuals to travel abroad or stay abroad illegally;

- Has adequate number of professional employees to implement provisions of Article 9 of the Law on Vietnamese guest workers 2020;

- Has adequate facilities of enterprises or is continuously hired by enterprises to satisfy orientation education for Vietnamese guest workers;

- Has a web page.

2. Rights and obligations of Vietnamese guest workers

Rights and obligations of Vietnamese guest workers under Article 6 of the Law on Vietnamese guest workers 2020 are as follows:

* Vietnamese guest workers shall have rights to:

- be provided with Vietnamese regulations and law on Vietnamese guest workers; policies, laws, customs and traditions of host countries related to the workers; rights and obligations of parties when working abroad;

- be advised and assisted to execute rights, obligations and receive benefits under employment contracts and vocational training contracts;

- benefit from salary, wages, medical examination and treatment policies, social insurance, occupational accident insurance, other policies according to employment contracts; inward transfer of salary, wages, income and other legal assets of individuals according to regulations and law of Vietnam and host countries;

- be protected in terms of legal rights and benefits during period of working abroad under contracts conforming to regulations and law of Vietnam and host countries and international practices;

- unilaterally terminate employment contracts if workers are bused, exploited by employers, facing life-threatening risks or sexual harassment during period of working abroad;

- benefits from policies assisting labor, occupation and rights from Fund for overseas employment as per the law;

- not pay social insurance or person income tax twice in Vietnam and host countries if Vietnam and the host countries have entered into agreements on social insurance or double taxation agreements;

- complain, accuse and file lawsuits against violations to regulations and law in bringing Vietnamese workers abroad;

- be advised, assisted in terms of employment and start-up after repatriating and access voluntary social psychological consulting service.

* Vietnamese guest workers shall have obligations to:

- comply with regulations and law of Vietnam and host countries;

- preserve and emphasize culture and traditions of Vietnam; respect traditions and customs of host countries; cooperate with workers in host countries;

- complete orientation education course before working abroad;

- submit service fees and deposit payments as specified under the Law on Vietnamese guest workers 2020;

- work as pert the law; comply with labor discipline and regulations; comply with management, administration and supervision of foreign employers according to employment contracts;

- compensate for violations of signed contracts according to regulations and law of Vietnam and host countries;

- repatriate in a timely manner after terminating employment contracts and vocational training contracts; inform residence registration authorities before working abroad or after repatriating according to Law on Residence within 15 days from the date of repatriation;

- submit tax and participate in social insurance and other forms of insurance according to regulations and law of Vietnam and host countries;

- contribute the fund for overseas employment.

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