Decree No. 126/2007/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Law on Vietnamese Workers Going to Work Abroad under Contracts.

DECREE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Law on Vietnamese Workers Going Abroad Under Contract dated November 29, 2006;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs,

DECREE:

Article 1. Areas, industries, and jobs prohibited from working abroad (Clause 4, Article 7 of the Law)Clause 4 of Article 7 of the Law)

1. Areas with ongoing military conflicts or at risk of conflict, areas contaminated with radiation, areas poisoned, and areas experiencing particularly dangerous epidemics.

2. Areas where the receiving country prohibits foreign workers from working.

3. Jobs and tasks that are exceptionally arduous, toxic, or dangerous, unsuitable for the physical condition of Vietnamese people; work that affects Vietnamese customs and traditions as specified in the accompanying list of prohibitions under this Decree.

Article 2. Types of enterprises eligible to be granted a Permit for operating services to send workers abroad (Clause 4, Article 8 of the Law)Clause 4 of Article 8 of the Law)

An enterprise may be considered for issuance of a Permit for operating services to send workers abroad (hereinafter referred to as the Permit) if it is established and operates according to the Enterprise Law and has 100% of its charter capital from Vietnamese organizations and individuals.

Article 3. Statutory capital of service enterprises (Clause 2, Article 8 of the Law)Clause 2 of Article 8 of the Law)

The statutory capital of enterprises operating services to send workers abroad is five billion Vietnamese dong.

Article 4. Content of the project for operating services to send workers abroad (Clause 1, Article 9 of the Law)Clause 1 of Article 9 of the Law)

The project for operating services to send workers abroad must demonstrate financial capacity, material infrastructure, and a staff with sufficient qualifications and experience to meet the requirements of sending workers abroad. The project includes the following contents:

1. Trade name, trading address, type of enterprise, business industry, capital and capital structure, enterprise owner or authorized representative, capital, production and business situation of the enterprise (if it is an existing enterprise).

2. Plan for organizing the operational machinery for services to send workers abroad.

3. Anticipated market for sending workers abroad, industries sending labor, recruitment areas.

4. Plan for selecting workers, providing necessary knowledge training for workers, managing workers working abroad.

5. Financial plan to implement services for sending workers abroad.

Article 5. Deposit money of service enterprises (Clause 4, Article 9 of the Law)Clause 4 of Article 9 of the Law)

1. The deposit amount is one billion Vietnamese dong. In case the deposit is used to resolve issues arising related to workers, the enterprise must replenish the deposit to the required level within thirty days from the date the deposit was used.

2. The enterprise shall deposit the money with the Commercial Bank where the enterprise's main office is located.

3. The Director of the Overseas Labor Management Department has the authority to use the deposit money of service enterprises to resolve issues arising when the enterprise fails to fulfill or fulfills inadequately its obligations in sending workers abroad.

4. The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with the State Bank to guide the management and use of deposit money of service enterprises.

Article 6. Guarantee Deposit of Enterprises Sending Workers to Work Abroad under Advanced Vocational Training Programs (Clause 4 of Article 34 of the Law)

1. The guarantee deposit of enterprises sending workers to work abroad under advanced vocational training programs shall be used by competent state agencies to address issues arising when enterprises fail to fulfill or fully fulfill their obligations in sending workers to work abroad under such programs.

2. The amount of the guarantee deposit of enterprises sending workers to work abroad under advanced vocational training programs shall be equal to 10% of the one-way airfare from the country where the workers will work back to Vietnam, calculated based on the number of workers going to work abroad as registered in the labor trainee reception contract.

3. Enterprises sending workers to work abroad under advanced vocational training programs shall deposit the guarantee at the commercial bank where the enterprise's main office is located and present proof of deposit at the time of registering the labor trainee reception contract.

4. Usage of the guarantee deposit:

a) The Director of the Department of Labor, Invalids and Social Affairs has the authority to use the guarantee deposit for contracts sending workers to work abroad under advanced vocational training programs with a duration of less than 90 days;

b) The Director of the Overseas Labor Management Agency has the authority to use the guarantee deposit for contracts sending workers to work abroad under advanced vocational training programs with a duration of 90 days or more.

5. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the State Bank to guide the management and use of the guarantee deposit of enterprises sending workers to work abroad under advanced vocational training programs.

Article 7. Fee for Issuing Permit (Clause 4 of Article 10 of the Law)

1. The fee for issuing the permit is five million dong. Enterprises pay the fee for issuing the permit at the time they receive the permit.

2. The collection, management, and use of the fee for issuing the service permit shall be carried out in accordance with the laws on fees and charges.

Article 8. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. Bear responsibility before the Government for state administration over workers going to work abroad under contracts.

2. Develop strategies and plans for sending workers to work abroad and direct their implementation.

3. Coordinate with relevant agencies to draft normative legal documents, policies, and mechanisms regarding workers going to work abroad, submit them to competent authorities for issuance or issue them within their jurisdiction; direct the dissemination and promotion of the contents of the Law on Vietnamese Workers Going to Work Abroad Under Contracts and related guiding documents.

4. Coordinate with relevant agencies to research and develop the overseas labor market.

5. Negotiate and propose competent authorities to sign international treaties on labor according to the laws on signing, joining, and implementing international treaties; sign international agreements on labor according to the laws on signing and implementing international agreements.

6. Develop and guide the implementation of plans for training labor going to work abroad; stipulate the content, program, and necessary knowledge certification for workers before going to work abroad; organize training for staff responsible for sending workers abroad and managing labor abroad.

7. Stipulate regulations on permits; decide on the issuance, replacement, and revocation of permits.

8. Organize and guide the registration of contracts by enterprises and workers going to work abroad under individual contracts; supervise the implementation of contracts by enterprises.

9. Resolve complaints and denunciations related to activities of sending workers to work abroad according to the law; inspect, examine, and handle administrative violations by organizations and individuals involved in sending workers to work abroad.

10. Organize and implement specialized inspections of activities of sending workers to work abroad.

11. Coordinate with the Ministry of Foreign Affairs to organize and direct the management and handling of issues related to Vietnamese workers working abroad; coordinate with the Ministry of Foreign Affairs and the Ministry of Home Affairs to organize the Overseas Labor Management Board under diplomatic and consular offices of Vietnam in foreign countries where there are many Vietnamese workers.

12. Specify and guide the regular annual and extraordinary reporting system of enterprises and state-run organizations to state management agencies; organize the management of workers going to work abroad using identification numbers.

13. Annually report to the Prime Minister on the situation of Vietnamese workers working abroad under contracts.

Article 9. Responsibilities of the Ministry of Foreign Affairs

1. Together with the Ministry of Labor, Invalids and Social Affairs, relevant ministries and sectors study and propose to the Government on policies regarding workers going to work abroad..

2. Direct and guide Vietnamese diplomatic and consular agencies abroad to perform the following tasks: consular protection, protection of the rights and legitimate interests of Vietnamese workers working in the host country in accordance with Vietnamese law, the host country's law, and international treaties to which both countries are members, cooperate with domestic functional agencies to handle issues arising concerning Vietnamese workers working in the host country, research and provide information to develop the market for sending workers to work in the host country, and coordinate with the Ministry of Labor, Invalids and Social Affairs and relevant agencies to organize activities promoting the overseas labor market.

Article 10. Responsibilities of the Ministry of Public Security

1. Issue passports to workers in accordance with the law.

2. Direct public security forces at all levels to monitor the activities of organizations and individuals related to the field of sending workers to work abroad to prevent, detect, and promptly handle violations of the law.

3. Coordinate with Vietnamese diplomatic and consular agencies abroad and the Ministry of Labor, Invalids and Social Affairs to direct competent authorities to promptly investigate and handle cases where criminal signs are detected according to the law.

4. Cooperate with the Ministry of Labor, War Invalids and Social Affairs, diplomatic and consular agencies of Vietnam abroad in receiving Vietnamese workers who have been expelled by the receiving country or forced to return home as stipulated in the Law on Vietnamese Workers Going to Work Abroad under Contracts.

5. Initiate prosecution and investigate according to the law against organizations and individuals who violate the law in the activity of sending Vietnamese workers to work abroad.

Article 11. Responsibilities of the Ministry of Health

1. Specify conditions for healthcare facilities to examine and certify the health of workers going to work abroad; coordinate with the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs to unify the fee for health examination for workers going to work abroad.

2. Take the lead and coordinate with the Ministry of Labor, War Invalids and Social Affairs and competent authorities of foreign countries to specify health conditions and standards for Vietnamese workers going to work abroad suitable for each labor market.

3. Coordinate with the Ministry of Labor, War Invalids and Social Affairs to regularly compile and evaluate the health status of Vietnamese workers working abroad.

4. Direct, inspect, audit, and handle violations of healthcare facilities in organizing health examinations for workers going to work abroad according to the law.

Article 12. Responsibilities of the Ministry of Finance

Coordinate with the Ministry of Labor, War Invalids and Social Affairs and relevant ministries and sectors to establish financial regulations in the field of Vietnamese workers going to work abroad.

Article 13. Responsibilities of the State Bank of Vietnam

1. Take the lead and coordinate with the Ministry of Labor, War Invalids and Social Affairs and relevant ministries and sectors to submit to the Government for issuance or issue within its authority preferential credit policies for workers under social policy programs going to work abroad.

2. Take the lead and coordinate with the Ministry of Labor, War Invalids and Social Affairs to guide credit institutions in providing loans to workers going to work abroad.

Article 14. Responsibilities of the People's Committee of provinces and centrally governed cities

1. Implement state management over Vietnamese workers going abroad for work at the local level.

2. Direct specialized agencies under its jurisdiction and lower-level People's Committees:

a) Propagate and disseminate the state's policies and laws on Vietnamese workers going to work abroad under contracts;

b) Develop training plans for labor sources and introduce workers with good organizational discipline and compliance with legal regulations to participate in recruitment for work abroad;

c) Coordinate with state-owned enterprises and public institutions to recruit labor at the local level and manage local workers working abroad;

d) Certify and authenticate various types of documents of workers going to work abroad according to the law;

đ) Resolve complaints and denunciations of organizations and individuals related to the activities of workers going to work abroad according to the law;

e) Inspect, audit, and promptly handle violations in the activity of sending workers to work abroad by enterprises in the locality;

g) Organize the registration of individual contracts of workers going to work abroad and of enterprises sending workers to work abroad through advanced vocational training programs.

3. Regularly and urgently report to the Ministry of Labor, War Invalids and Social Affairs on the situation of workers going to work abroad in the locality.

Article 15. Responsibilities of agencies and organizations specified in points a, b, and c Clause 2 Article 10 of the Law on Vietnamese Workers Working Abroad under Contracts 1. Participate in providing opinions with the Ministry of Labor - Invalids and Social Affairs in issuing Licenses for operating services to send Vietnamese workers abroad for work to enterprises meeting the conditions stipulated in Article 8 of the Law on Vietnamese Workers Working Abroad under Contracts.

2. Coordinate to direct the resolution of issues related to workers sent abroad by enterprises within their management scope in cases where the enterprise is dissolved or bankrupt.

3. Support enterprises and public institutions within their management scope in resolving issues arising in relation to the rights of workers working abroad.

5. Coordinate with the Ministry of Labor - Invalids and Social Affairs to manage workers engaged in special occupations within the sectors managed by central ministries and agencies.

4. Resolve complaints and denunciations related to the activities of sending workers abroad for work in accordance with the law.

Repeal 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.

Article 16. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

1. The Ministry of Labor - Invalids and Social Affairs shall guide, organize the implementation, and be responsible for inspecting and urging the enforcement of this Decree.

Article 17. Implementation Organization

- Office of the President;

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.

LIST

(Annexed to Decree No.

/2007/NĐ-CP dated August 1, 2007 of the Government) 1261. Dancer, singer, masseuse jobs working at restaurants, hotels, or entertainment centers.

2. Work that frequently involves contact with explosives, toxic substances in the processing of colored metal ores (copper, lead, mercury, silver, zinc), frequent contact with manganese, mercury dioxide.

3. Work involving exposure to open radioactive sources, mining various types of radioactive ores.

4. Work producing, packaging which frequently involves contact with nitric acid, sodium sulfate, carbon disulfide, highly toxic pesticides, herbicides, rodenticides, disinfectants, and anti-termite chemicals.

5. Hunting dangerous animals, crocodiles, sharks.

6. Work frequently performed in places with poor air quality, high pressure (underground, underwater).

7. Embalming, funeral, cremation, exhumation work.

8. Work prohibited by both the receiving country and Vietnam./.

8. Work that the receiving country and Vietnam prohibit./.