Regulations on reporting the deployment of Vietnamese employees working abroad by Vietnamese organizations and individuals investing overseas

Regulations on reporting the deployment of Vietnamese employees working abroad by Vietnamese organizations and individuals investing overseas​ (Image from Internet)

1. Conditions for Vietnamese organizations, individuals investing overseas to deploy Vietnamese employees working abroad

According to Article 33 of the Law on Vietnamese employees Working Abroad under Contract 2020, the conditions for Vietnamese organizations, individuals investing overseas to deploy Vietnamese employees working abroad are as follows:

- Possessing a Certificate of Registration for Overseas Investment.

- Having a plan to deploy Vietnamese employees working abroad in compliance with Vietnamese law, the law of the country where the employees will be employed, and reporting to the Ministry of Labor, Invalids and Social Affairs according to Article 34 of the Law on Vietnamese employees Working Abroad under Contract 2020.

- Only deploying Vietnamese employees to work at production facilities, businesses, constructions established overseas by the investing organization, individual.

2. Regulations on reporting the deployment of Vietnamese employees working abroad by Vietnamese organizations and individuals investing overseas

The reporting requirements for deploying Vietnamese employees working abroad by Vietnamese organizations, individuals investing overseas are stipulated in Article 34 of the Law on Vietnamese employees Working Abroad under Contract 2020 as follows:

- No later than 20 days before deploying employees abroad, Vietnamese organizations, individuals investing overseas must report to the Ministry of Labor, Invalids and Social Affairs the plan to deploy Vietnamese employees working abroad accompanied by a copy of the Certificate of Registration for Overseas Investment.

- The plan to deploy Vietnamese employees working abroad must include:

+ Management and usage of employees abroad, specifying the number of employees deployed, gender, industries, specific jobs, work duration, working hours, rest hours, overtime, salary, working conditions, living conditions, healthcare policies; risk management, rights resolution, policies for employees in case of occupational accidents, occupational diseases, and other related employee policies;

+ Repatriation of employees in case of natural disasters, pandemics, wars, political instability, economic recession, emergencies or other force majeure reasons.

- Within 5 working days from the date of receiving the plan to deploy Vietnamese employees working abroad, the Ministry of Labor, Invalids and Social Affairs must respond in writing to the investing organization, individual; if not approved, the reasons must be clearly stated.

- Within 5 working days from the date the employees exit Vietnam, the Vietnamese organization, individual investing overseas must update employee information in the database system for Vietnamese employees foreign working under contracts.

3. Rights, obligations of organizations, individuals investing overseas deploying Vietnamese employees working abroad

The rights and obligations of organizations, individuals investing overseas deploying Vietnamese employees working abroad, according to Article 35 of the Law on Vietnamese employees Working Abroad under Contract 2020 are as follows:

- Fully, accurately, and clearly inform about working conditions, living conditions, benefits, and policies of employees at production facilities, businesses, constructions established overseas by the investing organization, individual.

- Arrange for employees to attend an orientation course before working abroad and be issued a certificate of completion for that course.

- Directly organize, manage, and use employees working abroad.

- Agree on labor contract appendices with employees on additional content regarding work duration, working hours, rest hours, overtime, salary, working conditions, living conditions, healthcare policies, and other benefits and policies in accordance with the plan to deploy Vietnamese employees working abroad as prescribed in Clause 2, Article 34 of the Law on Vietnamese employees Working Abroad under Contract 2020 and the laws of Vietnam and the country where employees are employed.

In the case of recruiting new employees, labor contracts must be signed for deploying Vietnamese employees working abroad according to the content and contract form stipulated by the Minister of Labor, Invalids and Social Affairs, and service fees from employees must not be collected.

- Liquidate the contract for deploying Vietnamese employees working abroad with the employee within 180 days from the date the employee terminates the labor contract.

- Ensure the rights of employees, resolve arising issues pertaining to employees deployed by the enterprise.

- Report and cooperate with Vietnamese representatives abroad to manage, protect the legal and legitimate rights and interests of employees during their period of work abroad.

- Annually or suddenly report on the implementation status of deploying Vietnamese employees working abroad as prescribed by the Minister of Labor, Invalids and Social Affairs.

- Comply with requests from competent authorities and cooperate with relevant agencies and organizations of the country where employees are employed to resolve disputes related to employees working abroad; address issues arising in cases where employees die, are injured, assaulted, or in situations like natural disasters, pandemics, wars, political unrest, economic recession, emergencies, or other force majeure reasons.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE