Circular No. 02/2024/TT-BLDTBXH amending and supplementing certain Articles of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021, issued by the Minister of Labor, Invalids, and Social Affairs, detailing certain provisions of the Law on Vietnamese Workers Working Abroad under Contracts.

Circular No. 02/2024/TT-BLDTBXH amends and supplements certain Articles of Circular No. 21/2021/TT-BLDTBXH regarding detailed regulations under the Law on Vietnamese Workers Working Abroad under Contracts. This document focuses on proof requirements for foreign parties, the detailed content of labor supply contracts, and the ceiling price for intermediary services.

Số hiệu02/2024/TT-BLĐTBXH
Loại văn bảnCircular
Cơ quan ban hànhMinistry of Home Affairs
Người kýNguyễn Bá Hoan — Thứ trưởng
Cập nhật12/06/2026
NgànhLabour, War Invalids and Social Affairs
Lĩnh vựcOverseas Labour
Ngày ban hành23/02/2024
Ngày áp dụng15/05/2024
Ngày hết hiệu lực30/06/2026
Tình trạngExpired
✦ Tóm lược thông minh

Circular No. 02/2024/TT-BLDTBXH amends and supplements certain Articles of Circular No. 21/2021/TT-BLDTBXH regarding detailed regulations under the Law on Vietnamese Workers Working Abroad under Contracts. This document focuses on proof requirements for foreign parties, the detailed content of labor supply contracts, and the ceiling price for intermediary services.

Đối tượng áp dụng

Vietnamese employers, domestic and foreign employment service organizations related to sending Vietnamese workers to work abroad under contracts.

Các điểm cốt lõi

  • Amend the conditions for proving the first acceptance of foreign workers.
  • Update the detailed content of labor supply contracts for each specific market.
  • Set a ceiling price for intermediary services according to agreements between enterprises and intermediary organizations or individuals.
  • hieulucthihanhvechuyenkehoachinhtri15052024
  • dieu3dieukienchuyentiep

🌐 Tác động xã hội từ văn bản này

  • Ensure the rights of Vietnamese workers when working abroad.
  • Improve management and supervision of activities sending workers to work abroad.

❓ Câu hỏi thường gặp

When does this circular take effect?

Circular No. 02/2024/TT-BLDTBXH takes effect from May 15, 2024.

How will contracts signed before this circular takes effect be handled?

Contracts for sending Vietnamese workers to work abroad and other agreements signed before May 15, 2024, shall continue to be implemented until the end of the contract. However, if they contain provisions contrary to this circular, they must be amended or new ones signed.

Toàn văn

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

SOCIAL
__________

Number: 02/2024/TT-BLDTBXH

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
______________________

Hanoi, February 23, 2024

CIRCULAR

Amending and supplementing certain provisions of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs detailing certain provisions of the Law on Vietnamese Workers Going Abroad under Contracts
15 December 2021 of the Minister of Labor, War Invalids and Social Affairs
Regarding the detailed regulations of certain provisions of the Law on Vietnamese Workers Going Abroad under Contracts No. 69/2020/QH14 dated November 13, 2020;
abroad under contract

                                                                             ______________________

The Minister of Labor, Invalids and Social Affairs issues this Circular amending and supplementing certain provisions of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs detailing certain provisions of the Law on Vietnamese Workers Going Abroad under Contracts.

Based on Decree No. 62/2022/NĐ-CP dated September 12, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

At the proposal of the Director of the Department of Overseas Labor Management;

Article 1. Amending and supplementing certain provisions of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs detailing certain provisions of the Law on Vietnamese Workers Going Abroad under Contracts

"3. Documents proving that the competent authority of the receiving country permits the recruitment of foreign workers for the first time by the foreign entity cooperating with a Vietnamese enterprise include the following:

1. Amending Clause 3 of Article 3 as follows:

a) In case the foreign entity is an employer, the proof documents include:

a1) One copy of the business license or other equivalent document issued by the competent authority showing the business field corresponding to the industry, profession, or job for recruiting foreign workers, accompanied by a Vietnamese translation;

a2) For countries that have regulations on accepting foreign workers, provide one copy of the document showing that the employer meets such requirements, accompanied by a Vietnamese translation.

b) In case the foreign entity is a job placement service organization, the proof documents include:

b1) One copy of the business license or other equivalent document issued or confirmed by the competent authority showing the business field including job placement services, accompanied by a Vietnamese translation;

b2) One copy of the cooperation agreement or document requesting preparation or recruitment of Vietnamese workers from the employer for the job placement service organization, accompanied by a Vietnamese translation;

b3) Proof documents for the employer as stipulated in point a of this clause."

2. Amend Clause 5 of Article 3 as follows:

"5. Commitment to prioritize the selection of workers who have participated in labor source preparation activities is a written commitment between the Vietnamese job placement service enterprise and the worker, indicating that the enterprise will prioritize the selection of workers to work abroad after the Labor Supply Contract has been registered and approved."

Article 4. Detailed contents of the labor supply contract

3. Amend and supplement Article 4 as follows:

1. The detailed contents of the labor supply contract according to the market, industry, profession, and job are specified as follows:

a) For industries, professions, and jobs in the Japanese market as stipulated in Appendix II attached hereto.

b) For industries, professions, and jobs in the Taiwan (China) market as stipulated in Appendix III attached hereto.

c) For industries, professions, and jobs in the South Korean market as stipulated in Appendix IV attached hereto.

d) For industries, professions, and jobs in the Middle East, Central Asia, and Africa markets as stipulated in Appendix V attached hereto.

đ) For industries, professions, and jobs in the European and Oceania markets as stipulated in Appendix VI attached hereto.

e) For industries, professions, and jobs in the American market as stipulated in Appendix VII attached hereto.

g) For industries, professions, and jobs in the Chinese, Macau (China), and Southeast Asian markets as stipulated in Appendix VIII attached hereto.

h) For international maritime work as stipulated in Appendix IX attached hereto.

2. The labor supply contract shall be agreed upon by the job placement service enterprise and the foreign entity receiving workers but must ensure the minimum conditions prescribed in Clause 1 of this Article."

Article 5. Documents proving the dispatch of Vietnamese workers to work abroad in compliance with the laws of the receiving country

4. Amending and supplementing Article 5 as follows:

1. For the Malaysian and Taiwan (China) markets, the proof document is one copy of the Application Form for Recruitment of Vietnamese Workers reviewed by the Vietnamese representative office in Malaysia and Taiwan (China).

2. For the European, American, Oceania markets, and technical workers in the South Korean market, in cases where the foreign entity receiving workers is an employer, the proof documents include:

a) One copy of the business license or other equivalent document issued by the competent authority showing the business field corresponding to the industry, profession, or job for recruiting foreign workers, accompanied by a Vietnamese translation;

b) One copy of the document issued by the competent authority of the receiving country permitting the employer to recruit foreign workers or one copy of the document issued by the competent authority confirming that the employer meets the requirements/conditions for recruiting foreign workers or the list of industries, professions, and jobs permitted to recruit foreign workers in the receiving country, accompanied by a Vietnamese translation.

3. For other countries and regions, in cases where the foreign entity receiving workers is an employer, the proof document is one copy of the document issued by the competent authority of the receiving country permitting the employer to recruit foreign workers, accompanied by a Vietnamese translation.

3. For other countries, territories, in cases where the foreign employer is the entity receiving workers, the proof document is one copy of the authorization document issued by the competent authority of the receiving country allowing the employer to recruit foreign workers, accompanied by a Vietnamese translation.

In the case where the receiving country does not have such regulations: One copy of the business license or other equivalent document of the employer, or other documents from competent authorities or relevant professional organizations (for individual businesses) showing that the employer's production and business activities are consistent with the industry, profession, and job for recruiting foreign workers; and consistent with the list of industries, professions, and jobs permitted to recruit foreign workers as stipulated by the receiving country, accompanied by a Vietnamese translation.

4. For the countries and territories mentioned in Clause 2 and Clause 3 of this Article, in the case where the foreign country receiving labor is a job placement service organization, the proof documents shall include:

a) One copy of the business license or other equivalent document issued or confirmed by a competent authority for the job placement service organization showing that its business scope includes job placement services, accompanied by a Vietnamese translation;

b) One copy of the cooperation agreement or request document or power of attorney for recruiting Vietnamese workers issued by the employer to the job placement service organization, accompanied by a Vietnamese translation;

c) Proof documents for the employer as provided for in Clause 2 or Clause 3 of this Article.”

5. Amend Article 7 as follows:

“Article 7. Ceiling on service fees under brokerage contracts

1. The ceiling on service fees under brokerage contracts agreed upon between the service enterprise and the intermediary organizations or individuals but shall not exceed 0.5 months' salary according to the worker’s contract for each 12 months of work. In the case where the labor contract has a working period of 36 months or more, the ceiling on service fees under brokerage contracts shall not exceed 1.5 months' salary according to the worker’s contract.

2. The ceiling on service fees under brokerage contracts for specific markets, industries, professions, and jobs is specified in Appendix X attached hereto.”

Article 2. Replace some appendices and forms of Circular No. 21/2021/TT-BLDTBXH

1. Replace: Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, Appendix VII, Appendix VIII, Appendix IX, Appendix X, and Appendix XI issued together with Circular No. 21/2021/TT-BLDTBXH respectively with Appendices II, III, IV, V, VI, VII, VIII, IX, X, and XI issued together with this Circular;

2. Replace Form No. 01 of Appendix XIII, Form No. 02 and Form No. 03 of Appendix I issued together with Circular No. 21/2021/TT-BLDTBXH respectively with Form No. 01, Form No. 02 and Form No. 03 of Appendix I issued together with this Circular.

Article 3. Transitional Provisions

1. Employment contracts sending Vietnamese workers to work abroad and related agreements that have been signed and workers have departed before the effective date of this Circular shall continue to be implemented until the end of the contract.

2. Labor supply contracts registered, approved by the Ministry of Labor, Invalids and Social Affairs and workers have not yet departed before May 15, 2024, if they contain provisions contrary to this Circular, then the Labor Supply Contracts must be amended, supplemented, or newly signed.

Article 4. Effective date

1. This Circular takes effect from May 15, 2024.

2. During the implementation of this Circular, if there are difficulties or obstacles, please report them to the Ministry of Labor, Invalids and Social Affairs for timely guidance.

Place of Receipt:

- Prime Minister and Deputy Prime Ministers;

- Central Party Office and Party Committees;

- National Assembly's Office;

- President's Office;

- Government Office;

- Ministries, agencies equivalent to ministries, and government agencies;

- Supreme People's Court;

- Supreme People's Procuracy;

- State Audit Agency;

- Central Agencies of Mass Organizations and Associations;

- Department of Legal Affairs (Ministry of Justice);

- People's Councils, People's Committees, Departments of Labor, Invalids and Social Affairs of provinces and centrally governed cities;

- Official Gazette, Government Portal;

- The Ministry of Labor, Invalids, and Social Affairs’s electronic information portal;

- To be filed: VT, Overseas Labor Administration Bureau (20 copies).

DEPUTY MINISTER

DEPUTY MINISTER
(Signed)

Nguyen Ba Hoan

Appendix I

Forms on Vietnamese workers going to work abroad
abroad under contract

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)

of the Minister of Labor, Invalids and Social Affairs)

Form No. 01 Annual Report Template of Service Enterprises Sending Vietnamese Workers Abroad Under ContractForm No. 02 Registration Document for Labor Supply ContractsForm No. 03 Employment Contract Sending Workers Abroad

NAME OF SERVICE ENTERPRISE

Form No. 01

Annual Report of Service Enterprises Sending Workers Abroad
going abroad for work

Respectfully submitted to: Overseas Labor Management Bureau

I. Situation of sending workers abroad during the reporting period

1. Information about the enterprise and conditions for maintaining the business license for sending workers abroad, and conditions for operating the service of sending workers abroad in specific markets, industries, and jobs:

a) Capital, deposit, main office address, educational orientation facilities, branches, business locations, representative offices; business registration certificate;1b) Enterprise website address;

c) Legal representative in the activity of sending Vietnamese workers abroad under contract (academic qualifications, position, work experience);

d) Professional staff involved in sending Vietnamese workers abroad under contract (full name, date of birth, gender, ID number, position, academic qualifications, language proficiency, work experience, social insurance number, start date of social insurance at the enterprise, contract signing date, duration of employment, contract term);

đ) Information on conditions for operating the service of sending workers abroad in specific markets, industries, and jobs (if there are changes compared to the previous reporting period):

- Sending workers to work in Japan/Taiwan (if applicable);

- Sending workers to work as nursing aides in Japan (if applicable);

- Sending workers to work as domestic helpers abroad (if applicable);

2. Situation of the service of sending Vietnamese workers abroad under contract outside the reports in the database system:

a) Educational orientation organizations, vocational skills training, language training (if applicable);

b) Worker deposits and use of worker deposits;

c) Management and protection of the rights and legitimate interests of workers abroad (including incidents arising during the reporting period that have been, are being, or have not yet been resolved; the number of workers who illegally remain abroad after the termination of their contracts);

d) Implementation of policies for workers going abroad under contract.

d) Implement the regime and policies for workers going to work abroad under contract;

d) Terminate contracts for sending Vietnamese workers to work abroad;

e) Support job placement services for workers after they return to Vietnam;

g) Revenue and economic efficiency of the business in activities related to sending Vietnamese workers to work abroad (including the implementation of brokerage contracts and service fees under brokerage contracts).

II. Advantages and Difficulties

1. Market advantages, labor sources, or other positive factors affecting the business's operations during the reporting period;

2. Difficulties and obstacles encountered during the process of sending workers to work abroad during the reporting period, along with their causes.

III. Recommendations and Proposals

Form No. 02

File code:…

NAME OF ENTERPRISE

Number: .../CONTRACT REGISTRATION

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

___________________

………, day … month … year 20…

REGISTRATION OF LABOR SUPPLY CONTRACT

Respectfully submitted to: Overseas Labor Management Bureau

1. Enterprise Name: ...

Abbreviation: …

2. The enterprise registers a Labor Supply Contract to work at … signed on .../.../... with the foreign entity receiving the workers (labor service organization/foreign employer):…

- Address: ...

- Telephone: …; Fax: …; Email: …;

- Representative: …; Position: …;

3. Content:

- Employer: …

- Address: ...

- Telephone: …; Fax: …; Email: …;

- Representative: …; Position: …;

- Duration of the labor contract: …

- Quantity: … including females: …

- Industry/Trade: … including those with specific trades: …

- Place of work: …

- Working hours: …; Resting hours: …;

- Safety and hygiene: …

- Salary/Wage: …

- Other allowances and bonuses: …

- Overtime pay: …

- Deductions from salary according to regulations of the receiving country: …

- Living conditions: …

- Insurance benefits: …

- Service fees paid by the foreign entity receiving the workers - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land). …………………….

- Expenses paid by the foreign entity receiving the workers - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land). …………………….

- Other support: …

4. Costs borne by the worker:

- Service fees: ….

- Travel expenses from Vietnam to the workplace: ...

- Travel expenses from the workplace back to Vietnam upon completion of the contract: ...

- Contribution to the Overseas Employment Support Fund: ...

- Skill and language training (if applicable): ...

- Medical examination: ...

- Social insurance (paid to the Vietnamese Social Insurance Authority): ...

- Passport, Criminal Record: ...

- Visa: ...

- Other costs:

- Total: …

5. Other agreements between the enterprise and the worker:

- Deposit: …..

- Guarantee: ….

6. Recruitment period: ... months (not exceeding 12 months from the date of approval of the labor supply contract registration)

7. Documents attached: …

…………………….…………………….…………………….…………………….………

…………………….…………………….…………………….…………………….………

…………………….…………………….…………………….…………………….………

The enterprise commits to fully fulfill its responsibilities and obligations in accordance with the laws on Vietnamese workers working abroad under contracts./.

LEGAL REPRESENTATIVE

OF THE ENTERPRISE

(Signature, stamp, and full name)

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

CONTRACT FOR SENDING WORKERS TO WORK ABROAD

No.../(Abbreviation of the enterprise sending workers)

Today, the … day of the … month of the … year, at …, we include:

Enterprise sending workers to work abroad: … (hereinafter referred to as the Sending Party)

Address:…

Telephone: …; Email: …; Website address …;

Legal representative of the enterprise: …

Position: ...

and

Mr./Ms. …………………………. (hereinafter referred to as the Worker)

Date of birth: …Gender: …male/female

Permanent address: …

Passport number/ID card number: …, issued on …, issuing place …

Person notified (Name, relationship to the worker): ………………………….

Notification address in Vietnam: …, phone number: …Email: …

Based on the Labor Supply Contract number …/.../..., signed between … (the foreign entity receiving the workers) and the Sending Party, and the notification that the worker has been selected to work abroad on … day of … month of … year …

Both parties agree and sign to implement the following contract terms:

Article 1: General Provisions

- Duration of the labor contract: ... years ... months ... days, calculated from the date ...

- Industry, profession, job: ...

- Place of work: …

- Employer: … (name of the employer, legal representative, position, address).

Article 2: Rights and Obligations of the Worker

2.1. Participate fully in orientation education courses organized by the Sending Party before working abroad for a period of .... (days), ensuring a total of 74 class hours, passing the examination with satisfactory results and obtaining a Certificate of Completion of the course.

2.2. Participate in vocational skill enhancement courses organized by the Sending Party (....) for a period of .... (days). The vocational skill enhancement fee is .... paid by ....if there is(the worker/the Sending Party/the foreign receiving party) 10 ||| 2.3. Participate in foreign language training courses organized by the Sending Party (if applicable) for a period of .... (days). The foreign language training fee is .... paid by .... 11 ||| 2.4. Pre-departure expenses that the worker must pay:

- Service fees (if any): ....;10 ||| 2.3. Participate in foreign language training courses organized by the Sending Party (if applicable) for a period of .... (days). The foreign language training fee is .... paid by .... 11 ||| 2.4. Pre-departure expenses that the worker must pay:

+ Service fee amount: .... /contract ... years ... months ... days;

+ Payment time (one-time): .... or multiple times (payment schedule: ....);

- Contribution to the Overseas Employment Support Fund: ....

- Travel expenses from Vietnam to the place of work: ....

- Passport issuance fee: ....

- Visa issuance fee: ....

- Criminal record certificate fee: ....

- Medical examination fee: ....

- Other expenses (if any): ....

(numerical figure)

- Skill and language training (if applicable): ...

- Social insurance (paid to the Vietnamese Social Insurance Authority): ...

; (written out in words)

+ …….…………………………….…………………………….………………………

Total: 2.5. Sign and perform the labor contract with the employer. …….……………………… 2.6. Probationary period (if any): …….………………………

- Probationary period: ... months ... days, starting from the date: ...

- Probationary wage rate: ....

- Other employee benefits during probationary period: ....

After the probationary period, if the worker does not meet the job requirements according to the employer's demands, the Sending Party will negotiate with the worker regarding the matter ...

(together with the employer to extend the probationary period, reassign the worker to another job with appropriate salary, or repatriate the worker at the expense of ...).

2.7. Training period in the receiving country (if any): - Training period: ... months or ... days

- Training wage/subsidy: ....

- Living conditions/costs: ....

2.8. Working hours and rest periods:

Working hours: ....hours/day; ....days/week as prescribed by the laws of the receiving country. Any additional time beyond this is considered overtime.

The worker is entitled to .... public holidays as prescribed by the laws of the receiving country ..., which include the following dates: ....(1/1, National Day....).

Additionally, the worker is entitled to .... annual leave days with pay as prescribed by the laws of the receiving country ...

2.9. Wages, overtime pay, bonuses, and other payments required by the worker (if any):

- Wages, overtime pay, bonuses/supplements:

+ Basic wage: ....

+ Overtime pay: ....

+ Various bonus/supplement amounts (dedication, accommodation support, shift allowance, etc.)

+ Wage payment date: ....

+ Method of wage payment: ....

- Payments required by the worker according to the laws of the receiving country: ....

2.10. Living conditions:

Provided by the employer/Foreign Receiving Party (free of charge or at a fee) accommodation and provided (free of charge or at a fee) .... meals or necessary equipment (electricity, gas, cooking utensils) for self-cooking.

2.11. Insurance:

Participate in and enjoy insurance benefits:

- Social insurance: ....

- Health insurance: ....

- Work injury and occupational disease insurance: ....

- Other insurance (if any): ....

2.12. Occupational safety and health:

Provided free of charge with protective equipment according to each job position and ensure occupational safety and health as prescribed by the laws of the receiving country and the employer's regulations.

2.13. Travel expenses:

- Travel expenses from Vietnam to the workplace in the receiving country are paid by ....

- Travel expenses from the workplace in the receiving country back to Vietnam after the worker completes the contract are paid by ....

- In case the worker has to return to Vietnam prematurely due to the fault of ...., travel expenses from the workplace in the receiving country back to Vietnam are paid by ....

2.14. Reproductive health care, sickness, disability, death: receive medical examination and treatment, enjoy benefits as prescribed by the laws of the receiving country, and receive support from the Overseas Employment Support Fund according to Vietnamese law.

2.15. In case of change in workplace or change in employer, notify the Sending Party within five days from the date of change.

2.16. Terminate this contract within 180 days from the date the labor contract ends.

2.17. Compensate the Sending Party according to the agreement stipulated in Article 6 of this contract and relevant laws.

2.18. Request compensation from the Sending Party for damages caused by the Sending Party according to Article 6 of this contract and relevant laws.

2.19. Enjoy other rights and fulfill other obligations as prescribed by law.

2.18. To claim compensation from the sending party for damages caused by the sending party as stipulated in Article 6 of this contract and relevant laws.

2.19. To enjoy other rights and perform other obligations as prescribed by law.

Article 3: Rights and Obligations of the Sending Party

3.1. Collect service fees as stipulated in Clause 2.4, Article 2 of this Contract.

3.2. Organize orientation education for workers, ensuring a total of 74 sessions as prescribed.

3.3. Agree with workers on skill enhancement and language training according to the requirements of the receiving party.

3.4. Coordinate with the receiving party to complete documents for workers to legally enter and exit the country and proceed to their workplace.

3.5. Ensure that workers sign labor contracts with employers containing terms consistent with this contract.

3.6. Coordinate with the foreign receiving party to assist workers in sending their wages and lawful income back to Vietnam in accordance with relevant laws.

3.7. Organize management and protect the rights and legitimate interests of workers during their time working abroad.

3.8. Coordinate with the receiving party to organize and guide workers in entering and exiting the country according to the signed contract.

3.9. Support workers or their relatives in procedures to receive insurance benefits as prescribed by the receiving country, the Overseas Employment Support Fund, and other state support policies (if applicable).

3.10. Compensate workers and guarantors (if any) for losses caused by the sending party in accordance with Article 6 of this contract, the guarantee contract (if any), and relevant laws.

3.11. Require workers or guarantors to compensate for damages in accordance with the agreement set forth in Article 6 of this contract, the guarantee contract (if any), and relevant laws.

3.12. Terminate the contract for sending workers to work abroad in accordance with the law.

3.13. Enjoy other rights and perform other obligations as prescribed by law.

Article 4: Departure Time

4.1. The sending party shall be responsible for sending workers to work abroad not later than 180 days from the date the worker is selected to work abroad according to the enterprise's commitment letter.

4.2. During the period specified in Clause 4.1 of this Article, if the worker no longer wishes to work abroad, the sending party must return the documents (passport, resume, certificates...) and the worker must bear the costs already incurred (if any) for processing the worker's departure to work abroad: transportation fees from Vietnam to the workplace, language learning fees, skill enhancement fees, passport issuance fees, visa application fees, health examination fees, etc.

4.3. Beyond the deadline specified in Clause 4.1 of this Article, if the sending party has not yet sent the worker to work abroad, the sending party must clearly inform the worker of the reason. If the worker no longer wishes to work abroad, within 15 days from the date the worker notifies of their unwillingness to work abroad, the sending party must return the collected and retained documents to the worker and refund all money previously paid by the worker including service fees, contributions to the Overseas Employment Support Fund, transportation fees from Vietnam to the workplace, visa application fees, and the sending party must process the refund of any deposit (if any) paid by the worker.

4.4. In cases of force majeure (natural disasters, epidemics, war, political instability, or emergency situations) leading to the worker no longer wishing to work abroad and/or the sending party being unable to send the worker abroad within 180 days from the date the worker was selected, the sending party must return the documents to the worker and refund the service fees and unspent amounts. For expenses already incurred as prescribed, the sending party will refund the worker according to the agreement between the worker and the sending party.

Article 5: Deposit Agreement

The party sending abroad and the worker agree on the implementation of deposit to ensure obligations under the Contract as follows:

5.1. Deposit amount: ...

5.2. Deposit period: ...

5.3. Scope of deposit: part or all of the worker's obligations

5.4. Both parties shall enter into a deposit contract in accordance with the provisions of the law.

Article 6: Damage Compensation Clause

The party sending abroad and the worker agree on damage compensation and the level of compensation in the following cases:

- If the party sending abroad fails to send the worker to work abroad as stipulated in Clause 4.3, Article 4 of this Contract, the party sending abroad must compensate the worker at the rate of: ...

- If the party sending abroad fails to ensure the contents stipulated in Article 1; Clause 2.6, 2.7, 2.8, 2.9, or 2.10 of Article 2 of this Contract, the party sending abroad must compensate the worker at the rate of: ...

- If the worker unilaterally terminates the contract unlawfully or remains abroad unlawfully after termination of the contract, the worker must compensate the party sending abroad at the rate of: ...(except in cases where the receiving country, region, or labor supply contract does not require the worker to compensate).

Article 7: Duration of the Contract

- This Contract takes effect from the date of signing and may be extended for a period of ... months

- In case of extension, the service fee that the worker must pay to the party sending abroad is: ...

- Rights and obligations of both parties during the extension period: ...

- In case the party sending abroad fails to ensure the contents stipulated in Article 1 but the worker wishes to continue working abroad, both parties shall agree in writing on the changes to Article 1 of this Contract.

Article 8: Termination of the Contract

8.1. This Contract shall be terminated in one of the following cases:

- The worker no longer wishes to work abroad;

- The party sending abroad fails to send the worker to work abroad within 180 days from the date the worker was selected;

- The worker terminates the labor contract;

- The worker violates the labor contract and leaves the contract to work illegally abroad;

- Other cases as provided by Vietnamese law and the law of the receiving country.

8.2. Depending on the cause leading to the premature termination of the labor contract, both parties will consider agreeing on the termination of the contract, specifically as follows:

- In case of force majeure preventing the continuation of the Contract (such as war, natural disasters, and other events beyond the reasonable control of the parties), both parties will jointly resolve remaining issues and the party sending abroad will consider supporting the worker based on current legal provisions;

- In case the worker is prematurely terminated and returns home before the deadline without fault, the party sending abroad is responsible for paying the amounts as prescribed and compensating the worker according to the agreement;

- In case the worker is prematurely terminated and must return home before the deadline due to the worker's fault, the worker is responsible for compensating the receiving country and the party sending abroad for damages caused by the worker.

Article 9: Other Agreements (if any)

Article 10: Dispute Resolution and Governing Law

10.1. This Contract shall be interpreted and governed by Vietnamese law.

10.2. Any disputes arising from this Contract shall first be resolved through negotiation between the parties on the basis of equality and mutual benefit.

10.3. In case the dispute cannot be resolved through negotiation, the parties shall submit it to ... for resolution in accordance with the provisions of the law...

This Contract is made in ... on ... day of ... month of ... year..., effective from the date of signing, established in ... copies in Vietnamese, each copy having equal legal force, each party retaining ... copies for monitoring and implementation./.

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.

of the Party sending workers abroad

(Signature, stamp, and full name)

Employee

(SIGNATURE AND FULL NAME)

Seal Registration Certificate

Detailed contents of the labor supply contract for industries, trades, and jobs
at the Japanese market

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)
of the Minister of Labor, Invalids and Social Affairs)

Serial number

Detailed Contents

I

Laborers going for vocational training and working under the Trainee Program (TTS)

1

Occupational Safety and Health

The employer must organize occupational safety and health training; provide free and sufficient work equipment and protective gear suitable for the industry, trade, and job of the trainee; ensure a safe and hygienic workplace.

2

Living conditions, meals, and transportation from residence to workplace and vice versa

- During the concentrated training period in Japan, the trainee will be provided with free accommodation; receive a minimum allowance of 50,000 yen/month or 30,000 yen/month if free meals are provided.

- During the vocational training period, the trainee will be provided with appropriate accommodation; if the trainee has to pay for accommodation, the monthly payment shall not exceed 15% of the basic salary.

- The foreign entity receiving the laborer must provide free transportation from residence to workplace and vice versa or cover these costs for the trainee.

3

Service fees paid by the foreign entity receiving the laborer

- The service fee paid by the foreign entity receiving the laborer is the management fee that the foreign entity receiving the trainee pays to the service company.

- The foreign entity receiving the trainee pays a minimum of 10,000 yen/person/month for nursing trainees and a minimum of 5,000 yen/person/month for other trades to manage the trainees.

- Method: transfer to the service company's account.

4

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

The foreign entity receiving the laborer pays round-trip airfare from Vietnam to the workplace in Japan when the contract is completed for the trainee.

5

Other agreements not contrary to the law and social morality

- For nursing trainees: The foreign entity receiving the laborer pays all commission training and Japanese language enhancement fees up to level N4, with a minimum of 100,000 yen/person.

- For trainees in other trades: The foreign entity receiving the laborer pays a minimum of 15,000 yen/person (160 hours) for commissioned training.

- Method: transfer to the service company's account.

- For the contents stipulated in points a, b, d, đ, e, h, k, m, p, and q Clause 2 Article 19 of Law No. 69/2020/QH14, the service company and the foreign entity receiving the laborer agree in accordance with Japanese law and international agreements between Vietnam and Japan (if any);

- For the contents stipulated in points l, r, and s Clause 2 Article 19 of Law No. 69/2020/QH14, the service company and the foreign entity receiving the laborer agree in accordance with Vietnamese law, Japanese law, and international agreements between Vietnam and Japan (if any).

II.

Laborers going to work under the Specific Skills Program

1

Occupational Safety and Health

The employer must organize occupational safety and health training; provide free and sufficient work equipment and protective gear suitable for the industry, trade, and job of the worker; ensure a safe and hygienic workplace.

2

Service fees paid by the foreign entity receiving the laborer

- The service fee paid by the foreign entity receiving the laborer is the dispatch fee that the foreign entity receiving the laborer pays to the service company.

- The foreign entity receiving the worker pays a minimum dispatch fee of one month's basic salary per contract per person to the service company.

- Method: transfer to the service company's account.

3

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

The foreign entity receiving the laborer pays the airfare from Vietnam to the workplace for the worker.

4

Other agreements not contrary to the law and social morality

- The foreign entity receiving the laborer pays the training cost for the worker to meet the requirements of Japan, with a minimum of 50,000 yen/person for language training and 50,000 yen/person for skill enhancement.

- Method: The foreign entity receiving the laborer transfers to the service company's account.

- For the contents stipulated in points a, b, d, đ, e, h, i, k, m, p, and q Clause 2 Article 19 of Law No. 69/2020/QH14, the service company and the foreign entity receiving the laborer agree in accordance with Japanese law and international agreements between Vietnam and Japan (if any).

- For the contents stipulated in points l, r, and s Clause 2 Article 19 of Law No. 69/2020/QH14, the service company and the foreign entity receiving the laborer agree in accordance with Vietnamese law, Japanese law, and international agreements between Vietnam and Japan (if any).

III.

Laborers going to work under the Engineer and Specialist Program

1

Occupational Safety and Health

The employer must organize occupational safety and health training; provide free and sufficient work equipment and protective gear suitable for the industry, trade, and job of the worker; ensure a safe and hygienic workplace.

2

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

The foreign entity receiving the laborer pays the airfare from Vietnam to the workplace for the worker.

- For the contents stipulated in points a, b, d, đ, e, h, i, k, m, n, p, and q Clause 2 Article 19 of Law No. 69/2020/QH14, the service company and the foreign entity receiving the laborer agree in accordance with Japanese law and international agreements between Vietnam and Japan (if any);

- For the contents stipulated in points l, r, and s Clause 2 Article 19 of Law No. 69/2020/QH14, the service company and the foreign entity receiving the laborer agree in accordance with Vietnamese law, Japanese law, and international agreements between Vietnam and Japan (if any).

ANNEX III

Detailed contents of the labor supply contract for industries, trades, and jobs
work at the Taiwan (China) market

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)

of the Minister of Labor, Invalids and Social Affairs)

Serial number

Detailed Contents

A

Industries and trades suitable for the Basic Labor Law of Taiwan (China) (industry, agriculture, construction, nursing and hospital care, elderly care center staff, nearshore fishing vessel crew)

I. For contracts with a term of one year six months or more

1

Occupational Safety and Health

The foreign entity receiving the laborer must organize occupational safety and health training; provide free and sufficient work equipment and protective gear suitable for the industry, trade, and job of the worker; ensure a safe and hygienic workplace.

2

- Wages, allowances, other benefits, and bonuses (if any); overtime pay; deductions from wages as prescribed by the receiving country.

- Living conditions, meals, and transportation from residence to workplace and vice versa

- For general workers: Wages, allowances, other benefits, and bonuses (if any); overtime pay according to the laws of Taiwan (China).

- For workers engaged in Chinese interpreting or technical workers at the intermediate level in production manufacturing, construction, fisheries, and agriculture industries: the minimum wage is 33,000 New Taiwan Dollars (NTD) per month; for workers in the social service industry (work at healthcare facilities): the minimum wage is 29,000 NTD per month.

- The foreign entity receiving workers may deduct up to 2,500 NTD per month from the worker's salary for food and accommodation expenses (except for the agricultural sector and nearshore fishing vessel crew members received by the foreign entity, who are provided with free meals). If the foreign entity does not provide meals, it shall not deduct meal expenses from the worker's salary. In cases where the deduction for food and accommodation expenses from the worker's monthly salary exceeds 2,500 NTD (but not more than 5,000 NTD), the foreign entity receiving workers must support the worker's costs before departure or during work in Taiwan (China), with the average total support being greater than or equal to the additional deduction amount exceeding 2,500 NTD per month.

- For the agricultural sector and nearshore fishing vessel crew members: the foreign entity receiving workers provides free accommodation and three meals per day for the worker.

- Workers are provided with free transportation between their residence and workplace by the foreign entity receiving workers, or the cost thereof is paid by the foreign entity.

3

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

The foreign entity receiving workers pays a minimum of one round-trip airfare from Vietnam to the place of work when the contract begins or from the place of work back to Vietnam when the worker completes the contract.

II. For contracts with a duration of one year to less than one year six months

In addition to the provisions set forth in point 1 and 2 of Section I, Part A, the detailed contents of the contract must meet the following requirements:

- The foreign entity receiving workers pays for the round-trip airfare from Vietnam to the place of work and back to Vietnam when the worker completes the labor contract and supports the worker with a minimum amount equivalent to one month's basic salary upon commencement of the labor contract; or the foreign entity receiving workers pays all the exit costs for the worker.

- The maximum service fee that the foreign entity receiving workers (Taiwan-China job placement company) can collect from the worker is 1,500 NTD per month.

- For the provisions stipulated in points a, b, d, đ, e, k, m, n, p, and q of Clause 2, Article 19 of Law No. 69/2020/QH14, the service enterprises and the foreign entity receiving workers must agree in accordance with the laws of Taiwan (China) and the agreement between the competent authorities of both sides (if any).

- For the provisions stipulated in points l, r, and s of Clause 2, Article 19 of Law No. 69/2020/QH14, the service enterprises and the foreign entity receiving workers must agree in accordance with Vietnamese law, the laws of Taiwan (China), and the agreement between the competent authorities of both sides (if any).

B

Care for patients at home (family care attendant), household assistance

I. For contracts with a duration of one year six months or longer

1

Working hours and rest periods

- The working time each day for the worker is sufficient to complete the tasks assigned by the foreign entity receiving workers.

- The worker is entitled to a minimum of eight consecutive hours of rest per day and a minimum of one day off within seven consecutive working days.

2

Occupational Safety and Health

The foreign entity receiving workers provides free and adequate protective equipment for the worker and ensures a safe and hygienic working environment.

3

Wages, other benefits, bonuses (if any); overtime pay; deductions from wages as prescribed by the receiving country

- For general workers: the minimum basic wage is 20,000 NTD per month. In cases where a common agreement among countries supplying workers to Taiwan (China) adjusts the wage increase, the new wage rate will be applied.

- For intermediate-level technical workers performing family care attendant duties: the minimum basic wage is 24,000 NTD per month.

- Overtime pay on rest days and holidays is a minimum of 200% of the regular working day wage.

4

Living conditions, meals, and transportation from residence to workplace and vice versa

The foreign entity receiving workers provides free accommodation and three meals per day.

5

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

The foreign entity receiving workers pays a minimum of one round-trip airfare from Vietnam to the place of work when the contract begins or from the place of work back to Vietnam when the worker completes the contract.

II. For contracts with a duration of one year to less than one year six months

In addition to the provisions set forth in points 1, 2, 3, and 4 of Section I, Part B, the detailed contents of the contract must meet the following requirements:

- The foreign entity receiving workers pays for the round-trip airfare from Vietnam to the place of work and back to Vietnam when the worker completes the contract and supports the worker with a minimum amount equivalent to one month's basic salary upon commencement of the contract; or the foreign entity receiving workers pays all the exit costs for the worker.

- The maximum service fee that the foreign entity receiving workers (Taiwan-China job placement company) can collect from the worker is 1,500 NTD per month.

- For the provisions stipulated in points a, b, d, đ, k, m, n, p, and q of Clause 2, Article 19 of Law No. 69/2020/QH14, the service enterprises and the foreign entity receiving workers must agree in accordance with the laws of Taiwan (China) and the agreement between the competent authorities of both sides (if any).

- For the provisions stipulated in points l, r, and s of Clause 2, Article 19 of Law No. 69/2020/QH14, the service enterprises and the foreign entity receiving workers must agree in accordance with Vietnamese law, the laws of Taiwan (China), and the agreement between the competent authorities of both sides (if any).

REGULATIONS ON THE CERTIFICATE DESIGN FOR OUTSTANDING RURAL INDUSTRIAL PRODUCTS

Detailed contents of the labor supply contract for industries, trades, and jobs

Work in the South Korean market

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)

of the Minister of Labor, Invalids and Social Affairs)

Serial number

Detailed Contents

I.

Skilled technical workers

1

Occupational Safety and Health

The employer must organize occupational safety and health training; provide free and sufficient work equipment and protective gear suitable for the industry, trade, and job of the worker; ensure a safe and hygienic workplace.

2

Wages, other benefits, bonuses (if any); overtime pay; deductions from wages

Living conditions, meals, and transportation from residence to workplace and vice versa

- Wages, other benefits, bonuses (if any); overtime pay according to South Korean law.

- Employers provide accommodation and meals for workers, including temporary accommodation after entry.

In cases where workers have to pay for all accommodation and meal expenses, the payment shall not exceed 20% of the worker's monthly salary; if workers are provided with free meals, the payment for accommodation shall not exceed 15% of the worker's monthly salary.

- Employers provide free transportation between the worker's residence and workplace or pay the cost thereof.

3

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

The employer shall pay at least one round-trip air ticket from Vietnam to the place of work when the contract begins or from the place of work back to Vietnam when the worker completes the contract.

  • As for the contents stipulated in points a, b, d, đ, e, k, m, n, p, and q Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign party receiving workers shall agree in accordance with the laws of South Korea and international agreements between Vietnam and South Korea (if any).
  • As for the contents stipulated in points l, r, and s Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign party receiving workers shall agree in accordance with the laws of Vietnam, the laws of South Korea, and international agreements between Vietnam and South Korea (if any).

II.

Nearshore fishing vessel crew members (E10 visa)

1

Duration of the labor contract

Three years, extendable by one year ten months.

2

Occupational Safety and Health

The employer must organize occupational safety and health training; provide free and sufficient work equipment and protective gear suitable for the industry, trade, and job of the worker; ensure a safe and hygienic workplace.

3

Living conditions, meals, and transportation from residence to workplace and vice versa

The employer provides free accommodation, meal expenses, and transportation costs from the place of residence to the workplace and vice versa.

4

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

The foreign entity receiving workers pays a minimum of one round-trip airfare from Vietnam to the place of work when the contract begins or from the place of work back to Vietnam when the worker completes the contract.

5

Other agreements not contrary to the law and social morals

- Workers trained in South Korea after entry and payment fees not exceeding 250 USD per crew member.

- Workers pay management fees for crew members not exceeding 1,000 USD per crew member for a three-year contract and not more than 300 USD per crew member for the extended period of one year ten months.

As for the contents stipulated in points b, d, đ, e, h, k, m, n, p, and q Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign party receiving workers shall agree in accordance with the laws of South Korea and international agreements between Vietnam and South Korea (if any).

As for the contents stipulated in points l, r, and s Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign party receiving workers shall agree in accordance with the laws of Vietnam, the laws of South Korea, and international agreements between Vietnam and South Korea (if any).

Appendix V

Detailed contents of the labor supply contract for industries, trades, and jobs

working in the markets of West Asia, Central Asia, and Africa

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)

of the Minister of Labor, Invalids and Social Affairs)

Serial number

Detailed Contents

I

Household helper occupations (household helpers, childcare workers, gardeners, and chauffeurs)

1

Duration of the labor contract

Two years, extendable.

2

Number of workers; occupations, jobs to be performed; age of the worker

Specific job agreement: household chores, cooking; childcare; gardening; chauffeur services.

Not exceeding fifty years old.

3

Place of work

The worker only works at the direct employer's household address registered with the local authority.

4

Working hours and rest periods

The worker has one day off per week and at least nine consecutive hours of rest in one day.

5

Wages, other benefits, bonuses (if any); overtime pay; deductions from wages

- Basic salary from 350 USD per month upwards;

- If agreeing to work on rest days or holidays at the employer's request, the worker receives a minimum of 15 USD per day for overtime.

6

Living conditions, meals, and transportation from residence to workplace and vice versa

The employer provides free accommodation ensuring hygiene, privacy, and three nutritious meals daily.

7

Medical examination, treatment, and reproductive health care system

In cases where the receiving country does not have medical insurance for household helpers, the employer shall bear the cost of medical examinations and treatments for the worker.

8

Conditions for terminating the contract before the term and liability for compensation

- In case of terminating the labor contract before the term not due to the worker's fault, the employer shall bear the cost of the return air ticket and compensate the worker according to the agreement (if any).

- In case of terminating the labor contract before the term due to the worker's fault, the worker shall bear the cost of the return air ticket and compensate the employer according to the agreement (if any).

9

Service fees paid by the foreign entity receiving the laborer

The foreign party receiving workers pays the full service fee for the worker.

10

Responsibility for paying travel expenses from Vietnam to the place of work and vice versa

The employer pays round-trip air tickets from Vietnam to the place of work and from the place of work back to Vietnam when the worker completes the contract.

11

Other agreements not contrary to the law and social morals

- The employer pays skill training, language training, and visa application fees for the worker.

- In cases where the receiving country does not have a welfare system for household helpers, the worker must purchase risk insurance before departure, and the employer shall bear the cost of purchasing insurance.

As for the contents stipulated in points c, đ, g, p, and q Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign party receiving workers shall agree in accordance with the laws of the receiving country and international agreements between Vietnam and the receiving country (if any).

As for the contents stipulated in points l, r, and s Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign party receiving workers shall agree in accordance with the laws of Vietnam, the laws of the receiving country, and international agreements between Vietnam and the receiving country (if any).

II.

Other occupations

1

Duration of the labor contract

At least six months.

2

Wages, other benefits, and bonuses (if any); overtime pay;

- Basic wage is a minimum of 400 USD per month (working hours of eight hours per day and forty-eight hours per week).

3

Living conditions, meals, and transportation from residence to workplace and vice versa

- The worker is provided with free transportation from the place of residence to the workplace and vice versa.

- The employer provides free accommodation and free meals;

+ In cases where the worker bears accommodation costs or meal costs, the worker's wage shall not be less than 500 USD per month.

+ In cases where the worker bears both accommodation costs and meal costs, the worker's wage shall not be less than 600 USD per month.

4

Responsibility for paying travel expenses from Vietnam to the place of work and vice versa

The employer shall pay at least one round-trip air ticket from Vietnam to the place of work or from the place of work back to Vietnam when the worker completes the contract.

As for the contents stipulated in points b, c, d, đ, e, g, k, m, n, p, and q Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign party receiving workers shall agree in accordance with the laws of the receiving country and international agreements between Vietnam and the receiving country (if any).

- As for the contents prescribed in Points l, r, and s Clause 2 Article 19 Law No. 69/2020/QH14, the service enterprises and the foreign parties receiving workers shall agree in accordance with Vietnamese law, the law of the labor-receiving country, and international agreements between Vietnam and the labor-receiving country (if any).

Appendix VI

Detailed contents of the labor supply contract for industries, trades, and jobs

working in the European and Oceania markets

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)

of the Minister of Labor, Invalids and Social Affairs)

Serial number

Detailed Contents

A

Europe

1

Duration of the labor contract

At least six months.

2

Occupational Safety and Health

The employer must organize occupational safety and health training; provide free and adequate work equipment and personal protective equipment suitable to the industry, profession, and job of the worker; ensure a safe and hygienic workplace.

3

Wages, other benefits, bonuses (if any); overtime pay; deductions from wages

- For employment contracts of one year or more: Basic salary from 600 USD/month or higher; if the labor-receiving country stipulates a minimum wage higher than 600 USD/month, it shall be applied according to the regulations of the labor-receiving country.

- For employment contracts from six months to less than one year: Basic salary from 800 USD/month or higher; if the labor-receiving country stipulates a minimum wage higher than 800 USD/month, it shall be applied according to the regulations of the labor-receiving country.

- Overtime pay as prescribed by the labor-receiving country.

4

Living conditions, meals, and transportation from residence to workplace and vice versa

The employer provides free accommodation and kitchen appliances except when the basic salary of the worker is 1,200 USD/month or higher for contracts from six months to less than one year or 900 USD/month or higher for contracts of one year or more.

5

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

The foreign party receiving workers shall pay at least one round-trip airfare from Vietnam to the place of work or from the place of work back to Vietnam upon completion of the contract by the worker.

B

Oceania

1

Duration of the labor contract

At least six months.

2

Occupational Safety and Health

The employer must organize occupational safety and health training; provide free and sufficient work equipment and protective gear suitable for the industry, trade, and job of the worker; ensure a safe and hygienic workplace.

3

Wages, other benefits, bonuses (if any); overtime pay; deductions from wages

- The basic salary of the worker shall not be lower than the minimum wage stipulated by the labor-receiving country.

- Overtime pay as prescribed by the labor-receiving country.

4

Living conditions, meals, and transportation from residence to workplace and vice versa

- The employer arranges accommodation;

- The employer arranges transportation from the place of residence to the place of work and vice versa.

5

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

For agricultural workers: The employer pays at least 300 Australian dollars for the airfare from Vietnam to the place of work.

- As for the contents prescribed in Points b, c, d, đ, e, k, m, n, p, and q Clause 2 Article 19 Law No. 69/2020/QH14, the service enterprises and the foreign parties receiving workers shall agree in accordance with the law of the labor-receiving country and international agreements between Vietnam and the labor-receiving country (if any);

- As for the contents prescribed in Points l, r, and s Clause 2 Article 19 Law No. 69/2020/QH14, the service enterprises and the foreign parties receiving workers shall agree in accordance with Vietnamese law, the law of the labor-receiving country, and international agreements between Vietnam and the labor-receiving country (if any).

Appendix VII

Detailed contents of the labor supply contract for industries, trades, and jobs
working in the American market

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)
of the Minister of Labor, Invalids and Social Affairs)

Serial number

Detailed Contents

1

Duration of the labor contract

At least six months.

2

Occupational Safety and Health

The employer must organize occupational safety and health training; provide free and sufficient work equipment and protective gear suitable for the industry, trade, and job of the worker; ensure a safe and hygienic workplace.

3

Wages, other benefits, bonuses (if any); overtime pay; deductions from wages

- For employment contracts of one year or more: Basic salary from 500 USD/month or higher; if the labor-receiving country stipulates a minimum wage higher than 500 USD/month, it shall be applied according to the regulations of the labor-receiving country.

- For employment contracts from six months to less than one year: Basic salary from 800 USD/month or higher; if the labor-receiving country stipulates a minimum wage higher than 800 USD/month, it shall be applied according to the regulations of the labor-receiving country.

- Overtime pay as prescribed by the labor-receiving country.

4

Living conditions, meals, and transportation from residence to workplace and vice versa

The employer provides free accommodation and kitchen appliances except when the basic salary of the worker is 1,200 USD/month or higher for contracts from six months to less than one year or 750 USD/month or higher for contracts of one year or more.

5

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

The foreign party receiving workers shall pay at least one round-trip airfare from Vietnam to the place of work or from the place of work back to Vietnam upon completion of the contract by the worker.

- As for the contents prescribed in Points b, c, d, đ, e, k, m, n, p, and q Clause 2 Article 19 Law No. 69/2020/QH14, the service enterprises and the foreign parties receiving workers shall agree in accordance with the law of the labor-receiving country and international agreements between Vietnam and the labor-receiving country (if any);

- As for the contents prescribed in Points l, r, and s Clause 2 Article 19 Law No. 69/2020/QH14, the service enterprises and the foreign parties receiving workers shall agree in accordance with Vietnamese law, the law of the labor-receiving country, and international agreements between Vietnam and the labor-receiving country (if any).

Appendix VIII

Detailed contents of the labor supply contract for industries, trades, and jobs

working in the Chinese, Macau (China), and Southeast Asian markets

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)

of the Minister of Labor, Invalids and Social Affairs)

Serial number

Detailed Contents

1

Duration of the labor contract

At least one year.

2

Occupational Safety and Health

The employer must organize occupational safety and health training; provide free and sufficient work equipment and protective gear suitable for the industry, trade, and job of the worker; ensure a safe and hygienic workplace.

3

Wages, other benefits, bonuses (if any); overtime pay; deductions from wages

- The basic salary shall not be lower than the minimum wage of the labor-receiving country at the time of signing the labor supply contract; for domestic helpers in Macau: the basic salary shall not be lower than 4,500 MOP/month.

- Overtime pay as prescribed by the labor-receiving country.

4

Living conditions, meals, and transportation from residence to workplace and vice versa

- For domestic helpers: the employer provides free accommodation and three meals/day;

- For other industries and professions in China, Macau (China): the employer provides free accommodation and provides at least one free meal per working day; in the Southeast Asian region, living conditions comply with the regulations of the receiving country or territory.

- The employer provides free transportation from the place of residence to the place of work and vice versa or pays this cost to the worker for all industries and professions.

5

Social insurance, health insurance, work injury insurance, and occupational disease insurance

- For the Chinese and Macau (China) markets: the employer pays the cost of purchasing health insurance and work injury insurance.

- For countries in the Southeast Asian region: workers participate in insurance schemes as prescribed by the labor-receiving country. For the Malaysian market, the employer pays the cost of purchasing insurance for workers as prescribed by Malaysia.

6

Responsibility for paying travel expenses from Vietnam to the workplace and vice versa

- The foreign party receiving workers shall pay at least one round-trip airfare from Vietnam to the place of work or from the place of work back to Vietnam upon completion of the contract by the worker.

- For the Malaysian market, the employer pays the airfare from Vietnam to the place of work and from the place of work back to Vietnam upon completion of the employment contract or termination of the employment contract without fault on the part of the worker.

7

Service fees paid by the foreign party receiving workers (if any)

- For domestic helper jobs in countries in the Southeast Asian region, the foreign party receiving workers shall pay the entire service fee to the service enterprise.

- For the Malaysian market, the employer pays the service fee to the service enterprise at 50% of the monthly minimum wage of the worker per contract (excluding domestic helper jobs).

8

Other agreements not contrary to the law and social morality

For the Malaysian market, the employer shall pay the following costs:

- Costs for processing documents and obtaining Work Permits as prescribed by Malaysia;

- Medical examination fees for workers in Malaysia;

- Medical examination fees for workers in Vietnam and security screening fees (the employer shall reimburse these costs to the worker along with the first month's salary);

- Single-entry visa fee.

- For the contents stipulated in points b, c, d, đ, e, k, m, p, and q Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign entities receiving labor shall agree in accordance with the laws of the country or territory receiving labor and international agreements between Vietnam and the country or territory receiving labor (if any).

- For the contents stipulated in points l, r, and s Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign entities receiving labor shall agree in accordance with Vietnamese law, the laws of the country or territory receiving labor, and international agreements between Vietnam and the country or territory receiving labor (if any).

Appendix IX

Detailed contents of the labor supply contract for industries, trades, and jobs
on international waters

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)
of the Minister of Labor, Invalids and Social Affairs)

Serial number

Detailed Contents

I

Crew members of distant-water fishing vessels

1

Working hours and rest periods

48 hours per week and one day off per week.

2

Occupational Safety and Health

The employer must organize safety and hygiene training on board; provide free of charge to workers all necessary equipment and tools for occupational safety and health protection, and ensure safety and hygiene according to the Maritime Labor Convention 2006 (MLC 2006).

3

Wages, other benefits, and bonuses (if any); overtime pay;

Basic wage not lower than the provisions of ITF and the receiving country.

4

Living conditions, meals, and transportation from residence to workplace and vice versa

The employer must provide free meals throughout the duration of the labor contract.

5

Social insurance, health insurance, work injury insurance, and occupational disease insurance

The employer must provide free marine liability insurance for the ship owner operating on international routes.

6

Responsibility for paying travel expenses from Vietnam to the place of work and back

The employer pays round-trip airfare from Vietnam to the port of embarkation and from the port of disembarkation back to Vietnam upon completion of the contract.

For the contents stipulated in points a, b, c, d, đ, k, m, n, p, q, r, and s Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign entities receiving labor shall agree in accordance with the provisions of the MLC 2006 or the law of the state whose flag the vessel flies if that state is not a member of the MLC 2006.

II

Crew members of transport ships and employees working on cruise ships

1

Working hours and rest periods

As provided by the MLC 2006.

2

Occupational Safety and Health

The employer must organize safety and hygiene training on board; provide free of charge to workers all necessary equipment and tools for occupational safety and health protection, and ensure safety and hygiene according to the MLC 2006.

3

Wages, remuneration, internship allowances, other benefits, and bonuses (if any); overtime pay;

The basic wage, internship allowance, or total income of positions not lower than the minimum wage or minimum total income as prescribed by the International Transport Workers' Federation - ITF or collective agreements approved by ITF or national maritime transport federations of the receiving countries.

4

Living conditions, meals, and transportation from residence to workplace and vice versa

Crew members are provided with free meals and accommodation on board ensuring safety and hygiene.

5

Social insurance, health insurance, work injury insurance, and occupational disease insurance

The employer must provide free marine liability insurance for the ship owner operating on international routes.

6

Responsibility for paying travel expenses from Vietnam to the place of work and back

The employer is responsible for arranging transportation for crew members traveling from Vietnam to the port of embarkation and repatriation; repatriation costs are paid according to the MLC 2006.

For the contents stipulated in points a, b, c, d, đ, k, m, n, p, q, r, and s Clause 2 Article 19 Law 69/2020/QH14, the service enterprises and the foreign entities receiving labor shall agree in accordance with the provisions of the MLC 2006 or the law of the state whose flag the vessel flies if that state is not a member of the MLC 2006.

ANNEX X

Ceiling price of brokerage services for certain
markets, industries, occupations, jobs

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)
of the Minister of Labor, Invalids and Social Affairs)

Serial number

Market/industry, occupation, job

Ceiling price of brokerage services under the brokerage contract

1

ASEAN

All industries, occupations

0 VND

2

Taiwan (China)

Crew members of distant-water fishing vessels, transport ships

0 VND

3

One round-trip airfare ticket and one month's salary.

Crew members of distant-water fishing vessels, transport ships

0 VND

4

Malaysia

Domestic helpers

0 VND

5

Brunei

Domestic helpers

0 VND

6

According to the technical cooperation of JICA - Japan

All industries, occupations

0 VND

7

Countries in Western Asia

Domestic helpers

0 VND

8

Australia

Agricultural workers

0 VND

ANNEX XI

Ceiling amount of service fees collected from workers for certain
markets, industries, occupations, jobs

(Issued together with Circular No. 02/2024/TT-BLDTBXH dated February 23, 2024)
of the Minister of Labor, Invalids and Social Affairs)

Serial number

Market/industry, occupation, job

Ceiling amount of service fees collected from workers

1

ASEAN

a)

Skill trainees number 3 (in cases where the service enterprise and management organization do not change)

0 VND

b)

Specified skilled workers (in cases where the skill training program number 2 or skill training program number 3 is completed)

0 VND

c)

High-skilled workers, construction workers specializing in shipbuilding under special operation regimes

0.7 months' salary for every 12-month contract and a maximum of 2 months' salary for contracts of 36 months or more

2

Taiwan (China)

a)

Caregivers and nurses at hospitals, nursing homes

0.7 months' salary for every 12-month contract and a maximum of 2 months' salary for contracts of 36 months or more

b)

Home-based patient care, domestic helpers, agriculture, crew members of near-shore fishing vessels

0.4 months' salary for every 12-month contract and a maximum of 1 month's salary for contracts of 36 months or more

3

One round-trip airfare ticket and one month's salary.

Crew members of near-shore fishing vessels

0.7 months' salary for every 12-month contract and a maximum of 2 months' salary for contracts of 36 months or more

4

Southeast Asian countries

Domestic helpers

0 VND

5

Countries in Western Asia

Domestic helpers

0 VND

6

Australia

Agricultural workers

0 VND

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02/2024/TT-BLĐTBXH
Circular No. 02/2024/TT-BLDTBXH amending and supplementing certain Articles of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021, issued by the Minister of Labor, Invalids, and Social Affairs, detailing certain provisions of the Law on Vietnamese Workers Working Abroad under Contracts.
Expired

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