Joint Circular No. 01/2005/TTLT/BCA-BLDTBXH guiding the work of preventing and combating violations of laws in the labor export sector

JOINT CIRCULAR

Guidelines for Preventing and Combating Violations of Law in the Field of Labor Export

trong lĩnh vực xuất khẩu lao động

Implementing Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government detailing and guiding the implementation of the Labor Code regarding Vietnamese workers working abroad (hereinafter referred to as Decree No. 81/2003/NĐ-CP), the Ministry of Public Security and the Ministry of Labor, Invalids, and Social Affairs jointly issue guidelines for preventing and combating violations of law in the field of labor export as follows:

I. GENERAL PROVISIONS

1. Preventing and combating violations of law in the field of labor export is the shared responsibility of Ministries, sectors, People's Committees at all levels, organizations, enterprises, and every citizen; with the core being the Public Security sector and the Labor, Invalids, and Social Affairs sector.

2. Organizations and individuals conducting activities related to the field of labor export must comply with the law, be subject to management and inspection by competent agencies under the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Public Security, and other state agencies authorized by law.

3. All acts violating laws on labor export fall within the scope of prevention and combat, focusing on the following activities:

a) Exploiting the pretext of labor export to commit fraud;

b) Exploiting the pretext of labor export to organize the illegal exit of people to foreign countries;

c) Selecting workers, training, collecting fees, and sending Vietnamese workers to work abroad in violation of the law;

d) Vietnamese workers unilaterally terminating their contracts during their time working abroad;

đ) Vietnamese workers in foreign countries enticing or luring other workers to abscond;

e) Forging documents or abusing positions and powers to certify false documents for working abroad;

g) Vietnamese workers violating the laws of the host country, affecting political and diplomatic relations between the two countries;

h) Activities of some Vietnamese individuals and organizations abroad opposing the state's labor export policy.

4. Any act violating laws on labor export will be subject to disciplinary action, administrative handling, or criminal prosecution depending on the nature and severity of the violation.

II. SPECIFIC PROVISIONS

1. Responsibilities of the Public Security Sector

1.1. Responsibilities of the Ministry of Public Security:

a) Directing public security forces at all levels to monitor the situation of enterprises, organizations, and individuals involved in labor export to promptly identify organizations and individuals violating laws on labor export.

- Assigning the General Bureau of Security (Economic Security Department) and the General Police Force (Investigation Department) to receive information and materials provided by agencies, organizations, and individuals concerning violations of law related to the labor export field, to coordinate with public security forces from central to local levels to investigate and handle according to their authority:

- Assigning the General Bureau V to monitor Vietnamese workers abroad, promptly report to the Ministry of Public Security, and exchange with relevant ministries and sectors about policies and measures of receiving countries for Vietnamese workers; cooperate with functional agencies to protect the legitimate rights and interests of Vietnamese workers abroad; advise overseas representative offices to resolve issues related to the laws of the host countries;

- Assigning the Exit and Entry Administration to provide (periodically or urgently) to the Overseas Labor Management Department of the Ministry of Labor, Invalids, and Social Affairs information on the number of workers of enterprises entering and exiting through border gates and related issues.

b) Cooperating with ministries, sectors, and related agencies to promote mass movements to prevent, combat, and report crimes in the field of labor export.

c) Providing and exchanging information with the Ministry of Labor, Invalids, and Social Affairs on:

- Violations in labor export activities of enterprises permitted to send workers abroad that have been discovered and handled;

- The situation and results of handling cases of violations of laws on labor export by organizations and individuals within their jurisdiction;

- Fraudulent methods and tricks of organizations and individuals related to labor export discovered and handled by the Ministry of Public Security, which are relevant to the management functions of the Labor, Invalids, and Social Affairs sector;

- Inadequacies and limitations in mechanisms and policies that need to be reviewed and adjusted; shortcomings and negative aspects in the management of labor export by related agencies and organizations.

1.2. Responsibilities of Local Public Security Agencies:

a) Through household registration and residence management, criminal record verification, and exit-entry management, to detect violations of law in the field of labor export.

b) Cooperating with relevant provincial departments and enterprises licensed for labor export to conduct forms and measures to promote mass movements to prevent, combat, and report crimes and negative behaviors related to labor export.

c) Promptly detecting, investigating, and handling organizations, individuals, and networks committing fraud in sending Vietnamese workers to work abroad.

d) Regularly (every three months, six months, and annually) and urgently reporting to the Ministry of Public Security on violations of law in the field of labor export in their jurisdictions.

2. Responsibilities of the Labor, Invalids, and Social Affairs Sector:

2.1. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs:

a) Directing enterprises licensed for labor export to comply with the law, strictly manage their labor export activities. Timely detect, prevent, and handle violations of law on labor export by employees and other related organizations and individuals.

b) Strengthen inspections and supervision of enterprises licensed for labor export and organizations related to the dispatch of Vietnamese workers to work abroad.

In cases where necessary, coordinate with the Ministry of Public Security to inspect compliance with laws and regulations on labor export by organizations and individuals related to sending Vietnamese workers to work abroad.

c) Coordinate with the Ministry of Public Security to verify, collect information, and materials to serve investigations and handling of cases related to labor export.

d) Timely handle according to authority any violations of law in the field of labor export.

đ) Proactively provide funding and means to coordinate with public security forces when necessary.

e) Provide the Ministry of Public Security with the following information and materials:

- A list of enterprises granted permits by the Ministry of Labor, Invalids and Social Affairs to send workers to work abroad and subordinate units assigned tasks for labor export;

- Enterprises involved in labor export that have been administratively punished, temporarily suspended from contracts, temporarily suspended from labor export activities, and had their labor export activity permits revoked;

- Legal regulatory documents and directives issued by the Ministry of Labor, Invalids and Social Affairs concerning labor export activities;

- Information about complaints and reports regarding fraudulent acts and signs of law violations related to labor export activities.

2.2. Responsibilities of local labor, invalids, and social affairs authorities:

a) Coordinate with mass media agencies to publicly promote at the local level the Party's policies and state laws in the field of labor export, information about enterprises granted permits to send workers to work abroad; report on fraud cases in labor export, fraudsters, and methods of operation discovered locally to raise awareness among labor export enterprises and the public.

b) Regularly inspect and monitor the operations of enterprises granted permits for labor export activities, training institutions preparing workers for overseas employment within the locality.

c) Coordinate with local public security agencies to regularly inspect, detect, and prevent violations of law in the field of labor export within their jurisdiction.

d) Strengthen management of foreigners engaged in activities related to labor export within the administrative area.

đ) Provide local public security agencies with complaint letters and other relevant information about organizations and individuals, both domestic and foreign, within the administrative area who violate laws in the field of labor export.

e) Handle according to authority organizations and individuals who violate laws in the field of labor export as stipulated by law.

3. Coordination between the Public Security sector and the Labor, Invalids, and Social Affairs sector:

- The Ministry of Public Security assigns the General Bureau of Security (directly the Economic Security Department), the Ministry of Labor, Invalids, and Social Affairs assigns the Overseas Labor Management Department as the permanent agency assisting leadership of the two Ministries to implement this Circular.

- Provincial and centrally-administered city public security departments assign the Economic Security Departments, provincial and centrally-administered city labor, invalids, and social affairs departments assign functional units under the departments as permanent agencies assisting leadership of the two sectors to implement this Circular.

- The permanent agencies of the two Ministries are responsible for regularly coordinating to report situations, review experiences, and propose to the leadership of the two Ministries for consideration and direction to implement necessary work contents. Every two years, the two Ministries organize a mid-term review of coordination work in preventing and combating violations of law in the field of labor export.

- The provision of information and materials between the two sectors of Public Security and Labor, Invalids, and Social Affairs as stated in this Circular shall be conducted regularly based on the requirements of each side.

4. Responsibilities of ministries, sectors, provincial and centrally-administered city people's committees, and organizations with enterprises engaged in labor export activities (collectively referred to as supervisory agencies):

Supervisory agencies direct and manage subordinate enterprises engaged in labor export to comply with state regulations in the field of labor export, closely coordinate with the Ministry of Public Security and the Ministry of Labor, Invalids, and Social Affairs in preventing and combating violations of law in the field of labor export, provincial and centrally-administered city people's committees are responsible for directing public security agencies and local labor, invalids, and social affairs agencies to coordinate in implementing measures to prevent and combat violations of law in labor export as stipulated in this Circular.

III. IMPLEMENTATION

1. This Circular takes effect fifteen days after its publication in the Official Gazette. Previous regulations of the Ministry of Public Security and the Ministry of Labor, Invalids, and Social Affairs that conflict with this Circular are abolished.

2. During implementation, if there are difficulties, agencies and units are requested to report to the Ministry of Public Security and the Ministry of Labor, Invalids, and Social Affairs for consideration and guidance on resolution./.