Decree No. 07/CP dated January 20, 1995 of the Government detailing some articles of the Labor Code concerning the sending of Vietnamese laborers to work for given terms abroad
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
Hanoi, January 20th, 1995.
DETAILING SOME ARTICLES OF THE LABOR CODE CONCERNING THE SENDING OF VIETNAMESE LABORERS TO WORK FOR GIVEN TERMS ABROAD
Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Pursuant to the Labor Code on the 23rd of June 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs;
- This Decree stipulates detailed provisions for sending Vietnamese laborers to work for given terms abroad according to Articles 18, 134, 135, 184 and related provisions of the Labor Code.
- To send Vietnamese laborers to work for given terms abroad is a way of solving the employment problem, generating income for the laborers, contributing to increasing foreign exchange income for the country, and strengthening the economic, cultural, scientific and technical cooperation between Vietnam and other countries on the principle of equality, mutual benefits and respect for the law, and customs and habits of each other.
1. Those allowed to go to work abroad must be Vietnamese citizens from 18 years of age upward, having full legal capacity and action capacity, who have fully discharged their citizen obligation under law and who volunteer to work abroad. They include trained (including experts, specialists) and untrained people, graduates of vocational schools in the country and abroad, the personnel in businesses of all economic sectors, administrative and public services, social and mass organizations outside the persons defined in Item 2 of this Article.
2. The following persons are not entitled to be sent for work abroad under this Decree :
- Public servants and functionaries at State administrative agencies;
- Officers, non-commissioned officers and men in the People's Army and People's Security Force;
- The personnel in a number of branches and services who are not allowed to work abroad by State regulations;
- The persons who are being investigated for penal liability or who are serving prison terms or who are not yet acquitted of culpability.
3. Vietnamese laborers working abroad under agreements on scientific and technical and training cooperation signed with other countries or with international organizations or working for non-economic organizations in foreign countries are not regulated by this Decree.
1. Vietnamese laborers shall go and work abroad for given terms in the following forms : labor supply contracts; specialist-hiring contracts; work-and-study contracts; contracts on the construction of the whole or part of a project, production sharing contracts; contracts on joint ventures between Vietnamese economic organizations and economic organizations or individuals in foreign countries; labor contracts between Vietnamese laborers and economic organizations or individuals in foreign countries.
2. The above contracts shall be signed on the basis of Vietnamese law, the law of the host country, and international treaties which the Socialist Republic of Vietnam has signed or acceded to.
- The Ministry of Labor, War Invalids and Social Affairs shall grant permits to the eligible economic organizations stipulated at Article 8 of this Decree which shall send Vietnamese laborers to work for given terms in foreign countries.
RIGHTS AND OBLIGATIONS OF THE LABORERS WORKING FOR GIVEN TERMS ABROAD
- The laborers have the following rights :
1. They shall be given adequate and accurate information about the available jobs, the places of work, the terms of the contract and the living conditions, wages and bonuses, insurance and other necessary information before signing the labor contracts.
2. They are entitled to the benefits written in the signed contracts and related documents already agreed upon between Vietnam and the host country.
3. Their legitimate rights and interests which conform with Vietnam's law and the law of the host country as well as with international law and practice are protected by the Vietnamese diplomatic or consular representations in the host country.
4. They are entitled to social insurance benefits and the related policies and regimes as prescribed by Vietnamese law.
5. They are allowed to take along to the host country and to take home the necessary working tools, to transfer their income in foreign currency and their personal properties to the country according to the agreements and contracts signed with foreign countries under current law of Vietnam and the host country;
6. They are entitled to send complaints to the authorized managerial agencies of Vietnam and the host country about the violations of contracts by the employer or the economic organization which sends Vietnamese laborers to work for given terms in foreign countries, violations which affect their legitimate interests.
7. They shall be issued the labor book, the wage book and the social insurance book as prescribed by Vietnamese law.
- The laborers have the duties :
1. To sign the contract to work abroad with the economic organization assigned the task of sending Vietnamese laborers to work for given terms in foreign countries, sign the contract with the employer in the foreign country (if any), and fully abide by the terms of the contract;
2. To pay service fee to the economic organization assigned the task of sending Vietnamese laborers to work for given terms abroad as prescribed by the Vietnamese Government;
3. To remit to the economic organization assigned the task of sending Vietnamese laborers to work for given terms abroad, a security money as guarantee for the fulfillment of the contract. The level of this remittance and the modalities for this remittance shall be agreed upon between the laborers and the economic organization, but it must not exceed the airfare from Vietnam to the host country;
4. To pay social insurance premiums as prescribed by the Vietnamese Government through the economic organization assigned the task of sending the laborers to work for given terms abroad;
5. To pay income tax as prescribed by law;
6. To take responsibility for the damage caused by their violations of the signed labor contracts and other property relations of their own under the law of Vietnam and the host country;
8. To observe the law, respect the customs and habits, and maintain good relations with the people in the host country.
ABOUT THE ECONOMIC ORGANIZATIONS ASSIGNED THE TASK OF SENDING VIETNAMESE LABORERS TO WORK FOR GIVEN TERMS ABROAD
- The economic organizations which gather the following conditions shall be considered by the Ministry of Labor, War Invalids and Social Affairs for the granting of operating permits to send Vietnamese laborers to work for given terms abroad :
1. The State-owned businesses having a floating capital of one billion Vietnamese Dong and more;
2. Well acquainted with the labor market, the labor law and the immigration law of the host country and the related international laws;
3. Having an apparatus and a contingent of personnel capable in management and foreign languages.
- The economic organizations having been issued operating permits defined in Article 8 of this Decree have the following powers :
1. To take the initiative in finding out and surveying the labor market, choose the forms of contract and sign contracts to send Vietnamese laborers to work for given terms abroad, to assure the interests of the State, the economic organizations and the laborers.
2. To directly organize the fostering, training and selection of labor in conformity with the requirements of the employer and the prescriptions of Vietnamese law.
3. To collect from the laborers a service fee defined in Item 2 of Article 7 of this Decree.
4. To preserve the security money as defined in Item 3 of Article 7 of this Decree, and return to the laborers on the expiry of their labor contracts, including the interest calculated according to the interest rate for current deposits announced for each period by the Vietnam State Bank.
5. They are entitled to request the laborers to pay compensations for their violations of the contracts.
6. They are allowed to take along to the host country and take home the necessary machines and equipment related to the realization of the contract signed with the host country as prescribed by the law of Vietnam and the host country.
- The economic organizations, which have been granted operating permits defined in Article 8 of this Decree, have the following responsibilities :
1. To apply for permits to carry out the contracts according to Articles 12 and 13 of this Decree;
2. To strictly carry out the contracts signed with the foreign sides;
3. To sign contracts with the laborers to work abroad;
4. To ensure fully the interests of the laborers under the provisions of the contract signed with the foreign side;
5. To collect the social insurance premiums of the laborers and to remit it to the Social Insurance Fund as prescribed by the Vietnamese Government;
6. To select the laborers, accompany them to the host countries and back to Vietnam, manage and protect their legitimate interests during their working period abroad;
7. To preserve and certify in the labor book, the pay book and the social insurance book, the income of the laborers during their working period abroad according to the prescriptions of Vietnamese law;
8. To pay tax as prescribed by law for all activities related to the sending of laborers to work abroad, and to fully implement the policies and regimes regarding financial management, the management and use of foreign exchange (if any) as prescribed by Vietnamese law;
9. To observe the regime on making reports as prescribed by the Ministry of Labor, War Invalids and Social Affairs.
- The economic organizations, which are granted operating permits stipulated in Article 8 of this Decree, are entitled to appoint their representatives in the host countries in order to manage the laborers working in these countries, study and expand the labor market. The apparatus and personnel shall be determined by the economic organizations themselves in conformity with prescriptions of Vietnamese law.
RESPONSIBILITIES OF THE MINISTRIES , SERVICES AND LOCALITIES IN SENDING VIETNAMESE LABORERS TO WORK ABROAD
- The Ministry of Labor, War Invalids and Social Affairs has the responsibility :
1. To exercise unified State management of the sending of Vietnamese laborers to work for given terms abroad;
2. To negotiate and sign Governmental Agreements on cooperation in the use of labor with foreign countries on mandate from the Prime Minister;
3. Together with the concerned ministries and services, study and submit to the Government for the promulgation of policies and regimes related to the sending of Vietnamese laborers to work for given terms abroad; to guide the implementation of these policies and regimes;
4. To study the labor market abroad, coordinate with other ministries, services and localities in working out and organizing the execution of the working programs abroad, and provide guidance for the economic organizations operating in the area of sending Vietnamese laborers to work abroad;
5. Basing itself on the need of the labor market abroad to issue permits to the economic organizations and collect fees for this issue according to regulations of the Government;
6. To periodically report to the Prime Minister on the situation of the Vietnamese laborers working for given terms abroad; to coordinate with the Ministry for Foreign Affairs and the concerned ministries and services in the settlement of problems that might arise;
7. To propose to the Ministry for Foreign Affairs to appoint persons to look after the State management of labor at the representative offices of Vietnam abroad.
- The permit stipulated at Item 5 of Article 12 comprises the following :
1. The operating permit for sending Vietnamese laborers to work for given terms abroad shall be granted to the economic organizations defined at Article 8 of this Decree. It is valid for three years.
2. The permit to carry out the contract to send Vietnamese laborers to work for given terms abroad. This permit shall be issued only to the economic organizations which already have the operating permits to send Vietnamese laborers to work abroad.
3. The laborer, who wants to go and work abroad under a contract with an organization or individual abroad, must fill the procedures through an economic organization having an operating permit.
4. The economic organization, which sends Vietnamese laborers to work abroad through the contract for a construction project, shall operate under the management regime and pay the laborers without having to apply for operating permits under Item 1 but have to apply for a permit to carry out the contract under Item 2 of this Article.
The Minister of Labor, War Invalids and Social Affairs shall define the procedures for issuing permits in order to ensure close but simple and expedient State management conformable with the need to reform the administrative procedures of the Government.
- The Ministries, the People's Committees in the provinces and cities directly under the Central Government shall have to study the labor market; set up economic organizations responsible for sending Vietnamese laborers to work for given terms abroad according to the prescriptions of law; propose the Ministry of Labor, War Invalids and Social Affairs to issue permits for these organizations, and also to guide, monitor and create favorable conditions for the recruitment of labor in the branches or localities under its management to go and work abroad.
- The Ministry for Foreign Affairs, the State Committee for Cooperation and Investment, the Ministry of Trade and the other Ministries and branches shall, within their own jurisdiction, coordinate with the Ministry of Labor, War Invalids and Social Affairs in carrying out the plans for cooperation and use of Vietnamese labor signed with foreign countries.
- The Ministry of the Interior shall take the initiative and in cooperation with the Ministry for Foreign Affairs and the Ministry of Labor, War Invalids and Social Affairs provide unified guidance in the procedures regarding personnel, passport and exit visa for the Vietnamese laborers to work abroad according to simple, close and expeditious modalities in order to meet the time schedule and, within its own jurisdiction, direct the good implementation of the management of Vietnamese laborers during their working period abroad.
- Any organization which discharges well the sending of Vietnamese laborers to work abroad shall be considered for commendation and reward. Those who violate the provisions of this Decree and other provisions of law thus leading to bad consequences shall, depending on the extent of the violation be suspended, have their permits withdrawn or disciplined or be subjected to administrative sanctions or investigated for penal liability.
- This Decree takes effect from the 1st of January 1995. Decree No.370-HDBT on the 9th of November 1991 and all other previous regulations contrary to the Labor Code and this Decree are now annulled.
- The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the other concerned ministries and services in providing concrete guidance for the implementation of this Decree.
- The Ministers, Heads of ministerial-level agencies, Heads of the agencies attached to the Government, the Presidents of the People's Committees in the provinces and cities directly under the Central Government shall have to implement this Decree.
FOR THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet