Decree No. 152/1999/ND-CP on the regulations for Vietnamese workers and experts going to work abroad for a limited period

DECREE OF THE GOVERNMENT

Regulations on Vietnamese workers and experts going to work abroad for a limited period

 __________________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on Articles 18, 134, 135, and 184 of the Labor Code dated June 23, 1994;

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

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1.

Developing international cooperation in organizing the dispatch of Vietnamese workers and experts (excluding officials and civil servants dispatched to perform tasks and duties abroad pursuant to the Ordinance on Officials and Civil Servants) to work abroad for a limited period is an economic and social activity contributing to the development of human resources, employment resolution, income generation, and improvement of vocational skills for workers, increasing revenue for the country, and strengthening cooperative relations between our country and other countries around the world.

Article 2.

1.The Government encourages agencies, organizations, and Vietnamese people both inside and outside the country to participate through their activities in seeking and exploiting job opportunities abroad in accordance with international law, Vietnamese law, and the laws of the labor-receiving countries.

2.Vietnamese workers and experts (hereinafter referred to collectively as workers) going to work abroad for a limited period shall do so through the following forms:

a)Through Vietnamese enterprises undertaking construction projects, joint ventures, joint production sharing agreements, and foreign investments;

b)Through Vietnamese enterprises providing labor supply services;

c)Under individual labor contracts directly signed by workers with employers abroad.

3.Workers are not allowed to go to work in areas prohibited by Vietnamese law and are not permitted to engage in occupations listed in the prohibited category under Vietnamese law.

4.Workers going to work abroad for a limited period through the forms specified in Clause 2 of this Article must base their activities on contracts in accordance with this Decree and the laws of the labor-receiving countries, while ensuring compliance with the fundamental principles of Vietnamese law.

Article 3.

Enterprises sending workers to work abroad for a limited period through the forms prescribed in Point a and b of Clause 2 of Article 2 of this Decree include:

1.Enterprises holding a specialized business license;

2.Enterprises without a specialized business license but having contracts for construction projects, joint ventures, joint production sharing agreements abroad, and labor supply contracts consistent with the enterprise's production and business sectors or foreign investments.

Article 4.

The Ministry of Labor, Invalids, and Social Affairs assists the Government in exercising unified management over the dispatch of Vietnamese workers to work abroad for a limited period.

 

Chapter II

PROCEDURES FOR ISSUING SPECIALIZED BUSINESS LICENSES

AND REGISTERING CONTRACTS TO SEND WORKERS

TO WORK ABROAD FOR A LIMITED PERIOD

Article 5.

1.Vietnamese enterprises meeting the following conditions may be considered for issuance of a specialized business license to send workers to work abroad for a limited period:

a)State-owned enterprises, mass organizations under the Central Committee of the Ho Chi Minh Communist Youth Union, the Vietnam Women’s Union, the Vietnam General Confederation of Labor, the Vietnam Farmers' Union, the Central Council of Vietnam Cooperative Associations, and the Vietnam Chamber of Commerce and Industry;

b)Having a registered capital of at least one billion dong;

c)The enterprise must have at least 50% of its managerial staff with a university degree or higher and proficiency in a foreign language to directly work with foreign partners. Leaders and management teams must have clear backgrounds and no criminal convictions;

d)Documents proving the ability to conclude and implement contracts for sending workers to work abroad.

2.The application dossier for a specialized business license includes:

a)An application for issuance of a specialized business license;

b)Documents proving the capital and financial status of the enterprise at the time of application, confirmed by the competent financial authority;

c)Economic arguments regarding the enterprise's capability to operate in the field of sending Vietnamese workers to work abroad, with comments from the head of the enterprise's supervisory agency (Ministry, sector, or central mass organization head or the Chairman of the People's Committee of the province or centrally-administered city being the supervisory agency of the enterprise);

d)Decision on establishing a specialized enterprise to send workers to work abroad.

For newly established specialized enterprises or for enterprises already established that wish to supplement the function of sending workers to work abroad, the head of the Ministry, sector, or central mass organization or the Chairman of the People's Committee of the province or centrally-administered city must agree with the Ministry of Labor, Invalids, and Social Affairs in writing before issuing a decision.

3.The application dossier for a specialized business license should be submitted to the Ministry of Labor, Invalids, and Social Affairs. The review period for issuing the license does not exceed fifteen days from the date of receipt of a complete and valid dossier as stipulated in Clause 2 of this Article; the fee for the specialized business license is ten million dong (ten million dong).

Article 6

1.Enterprises must register contracts with the Ministry of Labor, Invalids, and Social Affairs according to the following provisions:

a)Enterprises holding a specialized business license must register contracts at least three days before organizing the selection of workers to work abroad.

b)Enterprises without a specialized business license as stipulated in Clause 2 of Article 3 of this Decree must register contracts at least seven days before organizing the selection of workers to work abroad.

c)The contract registration dossier of enterprises includes:

A copy of the contract signed with the foreign party;

For enterprises without a specialized business license as stipulated in Clause 2 of Article 3 of this Decree, they must provide a document proving the financial capacity of the enterprise to ensure the implementation of the contract at the time of contract registration, confirmed by the competent financial authority.

2.Workers going to work under individual labor contracts signed with employers abroad must register their labor contracts with the Department of Labor, Invalids, and Social Affairs in the locality where the worker usually resides.

The dossier for registering individual labor contracts includes:

An application for overseas labor, accompanied by a confirmation from the People'sCommittee of the commune, ward, or town regarding the place of permanentresidence of the worker. For those working at public institutions or productionand service establishments, additional confirmation from their workplace isrequired.

A copy of the labor contract or a copy of the employment acceptance documentfrom the foreign party.

In cases where the submitted contract is deemed to lack the necessary conditionsas stipulated by the Ministry of Labor, Invalids, and Social Affairs or violatesprovisions of this Decree, the Minister of Labor, Invalids, and Social Affairsshall decide on temporarily suspending or terminating the implementation of thecontract with the foreign party.

 

Chapter III

RIGHTS AND OBLIGATIONS OF VIETNAMESE WORKERS

TO WORK ABROAD FOR A LIMITED PERIOD

 Obligations of cooperatives

1.Vietnamese citizens aged 18 years or older who voluntarily wish to workabroad, meeting all standards and conditions required by the contract with theforeign party, may go abroad to work, except for the following individuals:

a)Civil servants and officials currently working in state administrative agencies,people-elected agencies, and political-social organizations;

b)Officers, non-commissioned officers, and soldiers currently serving in thePeople's Army of Vietnam and the People's Public Security Force;

c)Individuals not permitted to exit the country according to current laws.

2.The personal dossier submitted to the enterprise includes:

a)An application for working abroad;

b)A curriculum vitae confirmed by the People's Committee of the commune, ward,or town, or the managing agency/unit;

c)Health certificate;

d)Overseas work contract in the format prescribed by the Ministry of Labor,Invalids, and Social Affairs;

đ)Other documents required by the foreign party (if applicable);.

Article 8. Vietnamese workers going abroad through labor-supply enterprises have thefollowing rights and benefits:

1.To be provided with complete and accurate information about the job, place ofresidence, workplace, duration of the contract, working and living conditions,wages, bonuses, overtime pay, social insurance policies, and other necessaryinformation before signing the overseas work contract;

2.To be protected by Vietnamese diplomatic and consular agencies abroad inrespect of legitimate rights and interests;

3.To enjoy preferential treatment in transferring foreign currency income andequipment/materials back to Vietnam for investment and business developmentaccording to current Vietnamese policies and laws;

4.To lodge complaints and reports with competent Vietnamese state agenciesregarding breaches of contracts by enterprises sending them to work abroad;complaints with competent state agencies in the host country regarding breachesof contracts by employers;

5.To sign an overseas work contract with the enterprise sending them to workabroad, sign a labor contract with the foreign employer, and enjoy benefits asstipulated in these contracts;

6.To participate in the social insurance system as prescribed by currentVietnamese laws;

7.To receive back the deposit paid and accrued interest upon completion of theoverseas work contract and return to Vietnam.

Article 9.Vietnamese workers going abroad through labor-supply enterprises have thefollowing obligations:

1.To comply with all terms signed in the overseas work contract and laborcontract, work regulations, and living rules at the workplace;

2.To pay service fees to the enterprise sending them to work abroad as stipulatedin Clause 2, Article 12 of this Decree;

3.To pay a deposit to the enterprise sending them to work abroad to ensure theimplementation of the overseas work contract;

4.To pay income tax as prescribed by current laws. In cases working in countrieswith which Vietnam has signed Double Taxation Avoidance Agreements, only thetax obligations under such agreements shall apply;

5.To pay social insurance contributions as prescribed by current laws;

6.To attend pre-departure training and orientation courses before going to workabroad;

7.Not to unilaterally terminate the contract or organize for other workers toterminate their labor contracts with employers to work elsewhere;

8.To bear full responsibility for damages caused by their own breach of contract orlaw violations against the enterprise sending them to work abroad and the foreignparty according to Vietnamese and host country laws;

9.To strictly comply with state regulations governing Vietnamese citizensabroad and accept management by Vietnamese representative offices in thehost country;

10.To abide by Vietnamese and host country laws, maintain national secrets,uphold fine national traditions, respect local customs, and foster good relationswith the people of the host country.

Article 10.

1.Workers going abroad under individual labor contracts with foreign partieshave the rights, benefits, and obligations stipulated in Clauses 2, 3, 4, and 6 ofArticle 8 and Clauses 1, 4, 5, 6, 7, 8, 9, and 10 of Article 9 of this Decree; theyare also entitled to take out of the country or bring back to Vietnam necessarypersonal tools without paying taxes.

2.Workers going abroad under the form specified in Point a, Clause 2, Article 2of this Decree have the rights, benefits, and obligations stipulated in Clauses1, 2, 3, 4, and 6 of Article 8 and Clauses 1, 4, 5, 6, 7, 8, 9, and 10 of Article9 of this Decree.

Article 11.

1.Workers going abroad under the forms specified in Points a and b, Clause 2,Article 2 of this Decree, upon expiration of the contract, if they wish to extendtheir stay abroad or continue another contract, must register with the enterprisefor relevant procedures and enjoy the rights, benefits, and obligations asprescribed by this Decree.

2.Workers currently abroad who do not fall under the category mentioned inClause 1 of this Article, if they have a lawful labor contract, must registerwith the Vietnamese representative office in that country according to thecontract registration regulations and enjoy the rights, benefits, and obligationsspecified in Clause 1 of Article 10 of this Decree.

 

Chapter IV

RIGHTS AND OBLIGATIONS OF ENTERPRISES

SENDING VIETNAMESE WORKERS ABROAD FOR A SPECIFIED PERIOD

Article 12. Enterprises holding specialized operating licenses have the following rights:

1. Proactively seek out and survey the labor market, select forms of contracts, and directly sign contracts to send Vietnamese workers to work abroad for a limited period, ensuring the interests of the State, enterprises, and workers;

2. Charge service fees for the operation of the enterprise at a rate not exceeding 12% of the worker's salary according to the contract, except for officers and seamen working on sea transport ships, which shall not exceed 18% of the worker's salary according to the contract;

3. Receive deposits from workers in accordance with Clause 1, Article 19 of this Decree. The receipt of deposits must be clearly recorded in the overseas employment contract; 4. Be entitled to issue decisions to send workers to work abroad selected by the enterprise in accordance with the registered number, serving as a basis for the competent police authority to issue passports for workers;

5. Initiate legal proceedings to demand compensation from workers for damages caused by breach of contract in accordance with the law;

6. Request information about the foreign labor market and protect the legitimate rights of the enterprise from Vietnamese representative offices abroad and relevant state agencies;

7. Be supported by the State in vocational training, technical and technological skills, foreign languages for workers, and in enhancing the quality of enterprise staff responsible for managing the dispatch of workers abroad;

Enterprises with specialized business licenses have the following obligations:

Article 13.1. Register contracts and organize the dispatch of workers to work abroad in accordance with the provisions of this Decree and related laws of the State;

2. Provide information to workers as stipulated in Clause 1, Article 8 of this Decree; select, train, and orient workers before they go to work abroad in accordance with the guidelines of the Ministry of Labor, Invalids, and Social Affairs;

3. Strictly implement signed contracts with foreign parties, ensuring all rights and benefits of workers as stipulated in the contracts signed with workers and foreign parties;

4. Within fifteen days from receiving the deposit from workers, the enterprise must transfer the entire amount of the received deposit into the enterprise's account opened at the State Treasury where the enterprise has its headquarters and notify the Ministry of Labor, Invalids, and Social Affairs in writing;

5. Collect social insurance premiums from workers to submit to the competent authorities in accordance with the law;

6. Prioritize the selection of policy beneficiaries in accordance with the guidelines of the Ministry of Labor, Invalids, and Social Affairs;

7. Organize the departure, management, return, and protection of the legitimate rights of workers during their time working abroad. Timely provide complete information about the number and place of work of Vietnamese workers to the Vietnamese representative office in the country where the enterprise's workers are employed. Follow the guidance of the Vietnamese representative office abroad in handling issues arising concerning workers dispatched by the enterprise;

8. In cases where workers suffer accidents, occupational diseases, or death abroad, the enterprise must take the lead and coordinate with foreign parties, relevant Vietnamese and local authorities to promptly resolve the situation and ensure the legitimate rights of workers;

9. Not send workers to prohibited occupations or areas abroad as listed by the Ministry of Labor, Invalids, and Social Affairs;

10. Maintain and confirm in the labor book and social insurance book of workers going abroad in accordance with current regulations of the State;

11. Compensate workers for losses caused by breaches of contract by the enterprise or foreign parties in accordance with Vietnamese and local laws;

12. Pay the Ministry of Labor, Invalids, and Social Affairs a management fee of 1% of the service charge income, and pay taxes according to the law for activities related to sending workers abroad. Fully comply with financial management policies and regulations regarding the use of foreign currency as prescribed by the State;

13. Implement regular reporting systems every three months, six months, annually, and ad hoc reports as guided by the Ministry of Labor, Invalids, and Social Affairs;

1. Enterprises must directly select workers suitable for the requirements of foreign employers in accordance with Vietnamese law. Enterprises may cooperate with other units or localities in preparing potential candidates and must publicly announce selection criteria and other issues related to workers when working abroad;

Article 14.

2. When enterprises select workers from other units or localities, they must present their specialized business license to the labor supply unit or the Department of Labor, Invalids, and Social Affairs;

3. Enterprises must specify the selection period and procedures for workers going abroad. If the period expires without being able to send workers abroad, the enterprise must inform the workers of the reasons. If the period expires and the workers no longer wish to work abroad, the enterprise must refund the full amount of expenses paid by the workers according to the agreement;

Enterprises appoint representatives abroad to manage and protect the rights of workers working abroad, investigate and develop the labor market. Staff appointed as representatives abroad must be individuals with good moral character, sufficient capability, expertise, and language proficiency appropriate to job requirements. The staffing and authority of the overseas labor management system are determined by the enterprise in compliance with Vietnamese and local laws.

Article 15.

The enterprise appoints representatives of the enterprise operating abroad to manage and protect the rights of workers working abroad, to explore and develop the labor market. Personnel appointed to serve as representatives of the enterprise abroad must be individuals with good moral character, possessing the necessary capabilities, expertise, and foreign languages suitable for job requirements. The staffing, authority of the labor management apparatus abroad shall be determined by the enterprise in accordance with Vietnamese law and the laws of the host country.

Article 16.

A business without a specialized operating license but with a labor supplycontract consistent with its production and business activities as stipulated inClause 2, Article 3 of this Decree has the rights and obligations specified inClauses 1, 2, 3, 4, 5, and 6 of Article 12 and Article 13 of this Decree whendispatching workers to work abroad.

When dispatching workers to work abroad, businesses must prioritize recruitingworkers currently employed by the business. In cases where the business's ownworkers are insufficient, it may recruit workers to be dispatched abroad.

Article 17.

A business that undertakes construction contracts, joint ventures, jointoperations, or invests abroad, when implementing the dispatch of workers to workabroad, has the rights and obligations as prescribed in Clauses 4, 5, 6 ofArticle 12, Clauses 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 13 of Article 13 of thisDecree, and pays the management fee to the Ministry of Labor - Invalids andSocial Affairs according to the regulations of the Ministry of Finance and theMinistry of Labor - Invalids and Social Affairs; it is allowed to bring machineries and equipment necessary for production to and from abroad without payingtaxes as prescribed by Vietnamese law; implement labor laws of Vietnam forworkers and pay wages to workers in foreign currency if available.

 

Chapter V

RESPONSIBILITIES OF MINISTRIES, SECTORS AND

LOCAL AUTHORITIES IN DISPATCHING VIETNAMESEWORKERS

TO WORK ABROAD FOR A LIMITED PERIOD

Article 18.The Ministry of Labor, Invalids and Social Affairs is responsible for:

1. Negotiate and sign Government Agreements on labor cooperation with foreigncountries pursuant to the authorization of the Prime Minister;

2. Determine annual and five-year targets for dispatching workers to workabroad; coordinate with central ministries, sectors, mass organizations, andlocal authorities to achieve these targets;

3. Study policies and systems related to dispatching Vietnamese workers to workabroad for a limited period, submit them to the Government for issuance orissue them within their authority, and guide the implementation of suchpolicies and systems;

4. Study the overseas labor market and specify working and living conditionsnecessary for workers, and list prohibited occupations and areas for dispatchingVietnamese workers to work abroad;

5. Guide vocational training and create sources of workers for overseas work;specify training and education programs for workers before they go to workabroad. Establish national centers for training skilled workers with hightechnical skills and language proficiency to meet the requirements of theoverseas labor market;

6. Issue, suspend, and revoke specialized operating licenses, registercontracts, and collect registration fees and management fees as prescribed;

7. Organize inspections and supervision of agencies and businesses involved indispatching Vietnamese workers to work abroad; temporarily suspend or suspendthe implementation of contracts as stipulated in Clause 3, Article 6 and Clause3, Article 24 of this Decree;

8. Regularly report to the Prime Minister on the situation of Vietnamese workersworking abroad for a limited period;

9. Coordinate with the Ministry of Foreign Affairs and relevant ministries andsectors to resolve issues arising in managing Vietnamese workers workingabroad;

10. Coordinate with the Ministry of Foreign Affairs and the GovernmentOrganizational and Cadre Management Board to study and organize the establishmentof labor management units in Vietnamese representative offices in countriesand regions with many Vietnamese workers or with the capacity and need toreceive many Vietnamese workers, with appropriate staffing, functions, duties,and powers in accordance with the Ordinance on Representative Offices of theSocialist Republic of Vietnam Abroad.

Article 19.

1. The Ministry of Finance, in collaboration with the Ministry of Labor -Invalids and Social Affairs, shall detail the collection and use of registrationfees, management fees, and service fees; the amount and form of depositrequired from workers.

2. Vietnamese representative offices abroad shall implement state management overVietnamese workers in the host country; through the Ministry of ForeignAffairs, provide timely information to the Ministry of Labor - Invalids andSocial Affairs about the overseas labor market situation and the situation ofVietnamese workers in the host country; contact competent authorities in thehost country to assist the Ministry of Labor - Invalids and Social Affairs inestablishing cooperative labor relations; coordinate with relevantorganizations and authorities in the host country and internationalorganizations to resolve issues arising to protect the legitimate rights andinterests of workers and Vietnamese businesses.

3. The Ministry of Public Security, within its scope of responsibility, shallcoordinate with the Ministry of Labor - Invalids and Social Affairs in managingworkers dispatched to work abroad; facilitate the issuance of passports toworkers in accordance with the law to meet the time requirements of contractswith foreign parties.

4. The Ministry of Planning and Investment and other ministries and sectors,within their scope of responsibility, shall incorporate labor cooperation withforeign countries into economic development plans and international cooperationprograms, and together with the Ministry of Labor - Invalids and Social Affairs,determine annual and five-year targets for dispatching Vietnamese workers towork abroad.

5. The Ministry of Trade and the State Bank of Vietnam shall study and submit tothe Government for issuance or issue within their authority policies to facilitatethe implementation of the rights stipulated in Clause 3, Article 8, Clause 1,Article 10, and Article 17 of this Decree by workers and businesses dispatchingVietnamese workers to work abroad for a limited period.

Article 20. Ministries, sectors, central mass organizations, People's Committees of citiesdirectly under the Central Government have responsibilities:

1. In coordination with the Ministry of Labor - Invalids and Social Affairs,decide the number of businesses under their jurisdiction permitted to dispatchworkers to work abroad for a limited period in accordance with the provisions ofthe law;

2. Direct, manage, and be responsible for the activities of businesses undertheir jurisdiction that dispatch workers to work abroad, and at the same timecoordinate with relevant ministries and sectors to resolve emerging issues.

3. Report on the situation of sending Vietnamese workers to work abroad by enterprises under their management; develop annual and five-year plans for sending workers to work abroad and submit them to the Ministry of Labor, Invalids and Social Affairs for consolidation and reporting to the Government.

Article 21.

The Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, the Ministry of Planning and Investment, and the State Bank shall coordinate with relevant ministries and sectors to specify detailed regulations regarding loans for Vietnamese workers who are beneficiaries of policies for those who have contributed to the country and poor workers to pay deposits and fees before going to work abroad for a fixed term.

Article 22.

In cases of force majeure requiring urgent repatriation of Vietnamese workers, the managing authority of the enterprise sending Vietnamese workers abroad shall be responsible for directing the enterprise to organize the repatriation; if the situation exceeds its authority and capacity, the managing authority shall cooperate with the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to formulate a plan to submit to the Prime Minister for decision.

 

Chapter VI

REWARD AND VIOLATION HANDLING

Article 23.

1. Citizens and enterprises that effectively implement activities of sending Vietnamese workers to work abroad shall be rewarded according to state regulations.

2. Individuals and organizations from foreign countries that positively and effectively contribute to the activities of sending Vietnamese workers to work abroad shall be rewarded.

Article 24.

1. Strictly prohibit organizations and individuals from taking advantage of the activity of sending workers to work abroad to recruit and train workers for business purposes, illegal gains, or illegally organizing workers to work abroad. In serious cases, they will be criminally prosecuted and required to compensate for damages according to the law.

2. Workers violating the terms of contracts signed with enterprises organizing work abroad, employers abroad, and provisions of this Decree must compensate for related losses and costs, return to Vietnam as agreed in the contract, and be punished according to Vietnamese law.

3. Enterprises violating the provisions of this Decree shall be warned, fined according to current regulations; temporarily suspended or prohibited from performing contracts. In serious cases, their specialized business licenses may be suspended or revoked.

4. Individuals, economic organizations, and state agencies violating the provisions of this Decree; obstructing or causing negative consequences for the activities of sending Vietnamese workers to work abroad shall be subject to administrative violations or penalties according to the law depending on the severity of the violation.

 

Chapter VII

IMPLEMENTING PROVISIONS

Article 25.

This Decree replaces Decree No. 07/CP dated January 20, 1995 of the Government and takes effect fifteen days after its signing; previous regulations contrary to this Decree are abolished.

Enterprises that were granted permits to send workers to work abroad before the effective date of this Decree may continue to use these permits until their expiration. Enterprises meeting the conditions set forth in this Decree at the time of expiration may apply for new permits.

Article 26.

Sending workers to work abroad based on implementing Government Agreements on labor cooperation and experts or cooperation agreements between sectors and localities of Vietnam and foreign sectors and localities, as permitted by the Government, shall be carried out according to the provisions of such agreements without having to register according to this Decree's procedures, but must report the implementation and results of the agreement to the Ministry of Labor, Invalids and Social Affairs.

Article 27.

The Ministry of Labor, Invalids and Social Affairs shall coordinate with relevant ministries and sectors to provide specific guidance on implementing this Decree.

Article 28.

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees directly under the Central Government are responsible for enforcing this Decree./.