Eligibility of Vietnamese organizations and individuals making outward investment and bringing Vietnamese workers abroad

Eligibility of Vietnamese organizations and individuals making outward investment and bringing Vietnamese workers abroad (Internet image)

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

1. Eligibility of Vietnamese organizations and individuals making outward investment and bringing Vietnamese workers abroad

Eligibility of Vietnamese organizations and individuals making outward investment and bringing Vietnamese workers abroad according to Article 33 of the Law on Vietnamese guest workers 2020 is as follows:

- Having outward investment registration certificate.

- Developing measures for bringing Vietnamese workers abroad for employment conforming to regulations and law of Vietnam and of host countries and reporting to Ministry of Labor – War Invalids and Social Affairs according to Article 34 of this Law.

- Only bringing Vietnamese workers to work in business facilities and constructions formed by overseas investment of organizations and individuals.

2. Regulations on report on bringing Vietnamese workers abroad for employment of Vietnamese organizations and individuals making outward investment in Vietnam

Regulations on report on bringing Vietnamese workers abroad for employment of Vietnamese organizations and individuals making outward investment according to Article 34 of the Law on Vietnamese guest workers 2020 are as follows:

- Within 20 days before bringing workers abroad for employment, Vietnamese organizations and individuals making outward investment must report to Ministry of Labor – War Invalids and Social Affairs on measures for bringing Vietnamese workers abroad for employment and attach outward investment registration certificate.

- Measures for bringing Vietnamese workers abroad shall include:

+ Management and use of overseas workers, which clarifies number of workers brought abroad, gender, profession, line of business, working period, working hours, break time, overtime hour, salary, working conditions, living conditions, medical examination and treatment; risk management and implementation of benefits and policies for workers who suffer from occupational accidents, occupational diseases and other rights, benefits related to workers;

+ Repatriating workers in case of natural disasters, diseases, combats, political unrests, economic depression, emergencies or other force majeure.

- Within 5 working days from the day of receiving measures for bringing Vietnamese workers abroad for employment, Ministry of Labor – War Invalids and Social Affairs shall respond to Vietnamese organizations and individuals making outward investment in writing or provide reasons in case of rejection.

- Within 5 working days from the date on which workers travel abroad, Vietnamese organizations and individuals making outward investment must update worker information on database system on Vietnamese guest workers.

3. Rights and obligations of Vietnamese organizations and individuals making outward investment and bringing Vietnamese workers abroad for employment 

Rights and obligations of organizations and individuals investing abroad and sending Vietnamese workers to work abroad according to Article 35 of the Law on Vietnamese guest workers 2020 are as follows:

- Provide adequate and specific information on working conditions, living conditions, rights and benefits of workers working in business facilities and constructions formed by overseas investment of organizations and individuals.

- Enable workers to participate in orientation education and receive certificate for completion of orientation education.

- Directly organize migration, management and utilization of guest workers.

- Reach an agreement with workers under annex(es) of employment contracts on additional details regarding working period, working hours, break time, overtime hours, salary, working conditions, living conditions, medical examination and treatment and other benefits, policies conforming with measures for bringing Vietnamese workers abroad for employment specified under Clause 2 Article 34 of the Law on Vietnamese guest workers 2020 and regulations and law of Vietnam and host countries.

In case of recruiting new workers, sign contracts for provision of Vietnamese guest worker service according to form of contract prescribed by Minister of Labor – War Invalids and Social Affairs and refrain from charging workers with service fees.

- Liquidate contracts for provision of Vietnamese guest worker service within 180 days from the date on which workers terminate employment contracts.

- Ensure rights of workers and deal with issues met by workers who are brought abroad by the enterprises.

- Report and cooperate with overseas Vietnamese diplomatic missions in managing and protecting legal rights and interests of workers who are working abroad.

- On an annual basis or irregular basis, report on provision of Vietnamese guest worker service as prescribed by Minister of Labor – War Invalids and Social Affairs.

- Implement request of competent authorities and cooperate with relevant agencies and organizations of host countries in settling conflicts relating to workers; deal with deriving issues in case workers decease or face occupational accidents, occupational diseases, life-threatening risks, health, self-esteem, dignity, or property risks, natural disasters, diseases, combats, political unrests, economic depressions, emergencies or other force majeure.

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