Decree No. 126/2007/ND-CP of August 01, 2007, detailing and guiding the implementation of a number of articles of the law on Vietnamese laborers to work abroad under the contracts
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
Hanoi, August 01, 2007
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON VIETNAMESE LABORERS TO WORK ABROAD UNDER THE CONTRACTS
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the Law on Enterprise dated November 29, 2005;
Pursuant to the Law on Vietnamese Laborers Working Abroad Under the Contracts dated November 29, 2006;
At the proposal of Minister of Labor – War Invalids and Social Affairs,
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Article 1. Zones, business lines, and jobs prohibited to work abroad (clause 4 Article 7 of the Law)
1. They are the zones with hostilities or threat of hostilities, the affected-by-radioactivity zones, the contaminated areas, the having-particularly-dangerous epidemic disease zones.
2. The areas where the State shall receive labor and ban foreign workers from working.
3. The occupations and extremely hard, harmful and dangerous works not in accordance with the constitution of Vietnamese; works affecting fine customs of Vietnam on the prohibited list provided attached to this Decree.
Article 2. Types of enterprises granted license of service operation of sending laborers to work abroad (Clause 4, Article 8 of the Law)
Enterprise that is considered to grant License of service operation of sending laborers to work abroad (hereinafter referred to as License) is the enterprise that is established and operating under the Enterprise Law with 100% of charter capital of Vietnamese organizations and individuals.
Article 3. The legal capital of the enterprise operating services (clause 2 Article 8 of the Law)
The legal capital of enterprises operating service to send laborers to work abroad is 5 billion dong.
Article 4. Contents of the scheme operating services to send laborers to work abroad (Clause 1 Article 9 of the Law)
The Scheme operating services to send laborers to work abroad must demonstrate financial capacity, material facilities, team of staffs having sufficient qualifications and experience to meet the requirements of the operation to send the laborers to work abroad. The scheme includes the following contents:
1. Trading name and business address, type of enterprise, business lines, capital and capital structure, enterprise owners or authorized representatives of enterprise, capital, production and business situation of enterprise (if being the enterprise operating).
2. The plan to organize apparatus of operating services to send laborers to work abroad.
3. Market expectation to send laborers to work abroad, business lines to send laborers to work, local for recruiting workers.