THE SUPREME PEOPLE'S COURT
THE MINISTRY OF LABOR. WAR INVALIDS AND SOCIAL AFFAIRS
THE SUPREME PEOPLE'S PROCURACY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

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No. 01/2010/TTLT-TANDTC-BLDTBXH-VKSNDTC
Hanoi, May 18, 2010
 
 
JOINT CIRCULAR
GUIDING THE APPLICATION OF LEGAL PROVISIONS TO SETTLING AT PEOPLE'S COURTS DISPUTES OVER GUARANTEE CONTRACTS FOR GUEST WORKERS
 
Pursuant to the November 29, 2006 Law on Vietnamese Guest Workers;
Pursuant to the June 15, 2004 Civil Procedure Code;
Pursuant to the June 14, 2005 Civil Code;
In order to properly and uniformly apply legal provisions to settling at people's courts disputes over guarantee contracts for guest workers, the Supreme People's Court, the Ministry of Labor, War Invalids and Social Affairs and the Supreme People's Procuracy jointly provide the following guidance:
 
Chapter I
GENERAL PROVISIONS
 
Article 1. Scope of regulation
This Joint Circular guides the application of legal provisions to settling disputes over guarantee contracts for guest workers (below referred to as guarantee contracts) between enterprises or non-business organizations sending guest workers and guarantors of these workers.
Article 2. Disputes over guarantee contracts
Disputes over guarantee contracts specified in the Law on Vietnamese Guest Workers and Joint Circular No. 08/2007/TTLT-BLDTBXH-BTP of July 11, 2007, of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Justice, detailing the terms of a guarantee contract and liquidation of guarantee contracts for guest workers, are civil ones to be settled by people's courts under Clause 3, ArticjLi25 of the Civil Procedure Code.
Article 3. Application of laws
1. Disputes over guarantee contracts made before January 1, 2006 (the effective date of the 2005 Civil Code), shall be settled-finder the National Assembly's Resolution N 0.^45/2005/ QH11 of June 14, 2005, on the enforcement of the 2005 Civil Code.
2. Disputes over guarantee contracts made between January 1, 2006, and before July 1,2007 (the effective date of the Law on Vietnamese Guest Workers) shall be settled under the 2005 Civil Code and guiding legal documents: the Government's Decree No. 141/2005^fD-CP of November 11, 2005, on management of Vietnamese guest workers; Joint Circular No. 06/ 2006/TTLT-BLDTBXH-BTP of July X 2006, of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Justice, guiding guarantee for guest workers; and relevant legal documents.   3. Disputes over guarantee contracts made on or after July 1, 2007, shall be settled under the Law on Vietnamese Guest Workers; Joint Circular No. 08/2007/TTLT-BLDTBXH-BTP of July 1, 2007,
 
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