Circular No. 18/1999/TT-BLDTBXH stipulates the registration of contracts for sending Vietnamese workers to work in the Lao People's Democratic Republic for a fixed term. This Circular applies to enterprises and individuals wishing to enter into labor contracts with foreign partners.
적용 범위
The Circular applies to enterprises, economic organizations, and Vietnamese workers who wish to work in the Lao People's Democratic Republic under signed contracts.
핵심 사항
- Registration of contracts for sending workers to work in the Lao People's Democratic Republic for a fixed term.
- Necessary forms and application forms such as Form No. 1, 2, 3, and 4 for the registration procedure.
- Regulations on the responsibilities of enterprises during the implementation of contracts.
- Requirement to submit periodic reports on the situation of workers working in the Lao People's Democratic Republic.
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🌐 이 문서의 사회적 영향
- Creating conditions for Vietnamese workers to have opportunities to work and learn experience abroad.
- Supporting enterprises in implementing international labor contracts.
❓ 자주 묻는 질문
To whom does this Circular apply?
The Circular applies to enterprises, economic organizations, and Vietnamese workers who wish to work in the Lao People's Democratic Republic under signed contracts.
What are the necessary forms for contract registration?
Four forms are issued together with Circular No. 18/1999/TT-BLDTBXH, including: Form No. 1 - Registration of contracts for sending workers to work in the Lao People's Democratic Republic for a fixed term; Form No. 2 - Application for personal work contract for a fixed term; Form No. 3 - Receipt form for contract registration application; and Form No. 4 - Report on sending workers to work in the Lao People's Democratic Republic for a fixed term.
When does this Circular take effect?
This Circular takes effect fifteen days from the date of signature, which is August 29, 1999.
전문
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MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS AFFAIRS |
SOCIALIST REPUBLIC OF VIETNAM |
|
Number: 18/1999/TT-BLDTBX |
Hanoi, August 14, 1999 |
CIRCULAR
Guidelines for Implementing the Supplementary Protocol Amending the Labor Cooperation Agreement
between the Government of the Socialist Republic of Vietnam
and the Government of the Lao People's Democratic Republic
Pursuant to Decree No. 07/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code regarding the dispatch of Vietnamese workers to work abroad on a time-limited basis;
Pursuant to the Supplementary Protocol amending and supplementing the Labor Cooperation Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic signed on April 8, 1999 in Vientiane;
After consultation with relevant ministries and agencies, the Ministry of Labor, Invalids, and Social Affairs hereby provides the following guidelines for implementation:
I. LABOR SUPPLY AND USE CONTRACTS
The labor supply and use contracts referred to in Article 1 of the Supplementary Protocol amending and supplementing the Labor Cooperation Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic dated April 8, 1999 (hereinafter referred to as the Protocol) are contracts concluded between the labor supply entities of various sectors, localities, economic organizations, or individual workers from each country and the receiving and using entities of the other country. These contracts include:
- Labor supply contracts;
- Turnkey project contracts;
- Joint venture and joint operation contracts sharing products;
- Individual employment contracts.
II. DELEGATION OF AUTHORITY
1. The entities authorized under Article 3 of the Protocol include:
- People's Committees of provinces bordering the Lao People's Democratic Republic;
- People's Committees of provinces and centrally-administered cities twinned with provinces and cities of the Lao People's Democratic Republic;
- People's Committees of provinces and centrally-administered cities with bilateral cooperation programs and projects with provinces and cities of the Lao People's Democratic Republic.
2. Content of delegation of authority:
The Ministry of Labor, Invalids, and Social Affairs delegates to the People's Committees of provinces and centrally-administered cities specified in Point 1, Section II of this Circular the unified state management over economic organizations in their respective localities dispatching workers to work on a time-limited basis in the Lao People's Democratic Republic pursuant to the contracts stipulated in Section I of this Circular, deciding on the permission to send workers from their locality to work in the Lao People's Democratic Republic according to the contracts mentioned in Section I of this Circular, and inspecting the implementation of these contracts.
III. ENTRY AND EXIT OF WORKERS
1. The entry and exit of workers from provinces bordering the Lao People's Democratic Republic shall be carried out in accordance with the Agreement on Entry and Exit between the two countries and the Agreement on Border Regulations between the Socialist Republic of Vietnam and the Lao People's Democratic Republic signed on March 1, 1990; the Supplementary Protocol amending and supplementing the Border Regulations between the Socialist Republic of Vietnam and the Lao People's Democratic Republic signed on August 30, 1997, and the guidelines of the Ministry of Public Security, the Ministry of Foreign Affairs, and the Border Committee of the Government.
2. The entry and exit of workers from provinces not bordering the Lao People's Democratic Republic shall be carried out in accordance with the current regulations on entry and exit of each country.
IV. IMPLEMENTATION
1. Economic organizations in the provinces specified in Section II of this Circular sending workers to work in the Lao People's Democratic Republic pursuant to the contracts specified in Section I above shall register the contracts at the Department of Labor, Invalids, and Social Affairs according to the attached forms 1, 2, and 3 of this Circular.
2. The People's Committees of provinces and centrally-administered cities specified in Point 1, Section II of this Circular shall be responsible for supervising and directing enterprises in their locality in signing and registering contracts, selecting workers, providing pre-departure vocational training and orientation for workers, managing financial transactions, labor management, organizing inspections of the dispatch of workers to work in the Lao People's Democratic Republic according to current regulations.
3. Departments of Labor, Invalids, and Social Affairs of provinces and centrally-administered cities specified in Point 1, Section II of this Circular, within their functions, shall be responsible for:
- Assisting the People's Committees in implementing labor management as stipulated in Point 2, Section IV of this Circular and creating conditions for enterprises to dispatch workers to work in the Lao People's Democratic Republic;
- Studying and proposing solutions to expand markets while strictly managing enterprises and the number of workers dispatched by their locality to work in the Lao People's Democratic Republic;
- Compiling and reporting to the People's Committees and the Overseas Labor Management Bureau of the Ministry of Labor, Invalids, and Social Affairs the number of workers dispatched by their locality to work in the Lao People's Democratic Republic quarterly, semi-annually, and annually according to form 4 attached to this Circular.
- Directing economic organizations to promptly resolve issues arising during the implementation of contracts. Complex cases must be resolved in coordination with other competent authorities without delay to avoid adverse consequences.
This Circular takes effect fifteen days from the date of signature. During its implementation, if there are any difficulties, please report them to the Overseas Labor Management Bureau of the Ministry of Labor, Invalids, and Social Affairs for study and resolution.
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THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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FORM NO. 1
Issued together with Circular No. 18/1999/TT-BLDTBX
dated August 14, 1999 of the Ministry of Labor, Invalids, and Social Affairs
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(Name of enterprise) |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ..., day... month... year 199... |
CONTRACT REGISTRATION
DISPATCHING VIETNAMESE WORKERS TO WORK ON A TIME-LIMITED BASIS IN THE LAO PEOPLE'S DEMOCRATIC REPUBLIC
Respectfully submitted to: Department of Labor, Invalids, and Social Affairs
1. Name of Enterprise:...
Trading name (if any):...
2. Main office address:...
Telephone:...; Fax:...
3. Name of business leader:... Position:...
.................................................................................................................
Registration of contract for dispatching Vietnamese workers to work on a time-limited basis in the Lao People's Democratic Republic to implement the contract signed on... month... year 19... with (name of partner)... main office address of the partner:...
.................................................................................................................
Telephone:...; Fax:...; representative of the partner:...; position:...
- Quantity:..., including female:...
- Industry:...
- Salary level: (VND/person/month):...
- Overtime regime:...
- Working hours (hours/day):...
- Food and accommodation conditions:...
- Recruitment fees (if any):...; travel expenses:...
- Training fees (if any): ...
- Social insurance:...
- Contract duration:...
- Anticipated departure date:...
- Anticipated recruitment area:...
- Anticipated training location:...
- Anticipated income from workers includes:
Anticipated income from workers includes:
+ Management fees:...
+ Deposit (if any):...
+ Training:...
+ Application forms, passports:...
+ Social Insurance:...
+ Service fees (from partner):...
+..............................................................................................................
For subcontracting contracts, additional information must be included:
- Project value:...
- Bid deposit for the project:...
- Completion time for the project (months):...
- Anticipated project interest:...
...(company)... commits to fulfilling all responsibilities in accordance with state regulations.
Head of the unit
(Signatures, stamp)
and clearly state name and surname)
MODEL NO. 2
/TT-BCT dated 18/1999/TT-BLĐTBXH
dated August 14, 1999, issued by the Ministry of Labor, Invalids and Social Affairs
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
PETITION FOR APPLICATION
TO WORK IN THE LAO PEOPLE'S DEMOCRATIC REPUBLIC FOR A LIMITED PERIOD
PURSUANT TO AN INDIVIDUAL CONTRACT
Respectfully submitted to: Department of Labor, Invalids, and Social Affairs
(province, city)...
1. My name is:...
2. Date of birth:...
3. Permanent address:...
- Phone number:...
4. Educational level:...
5. Occupation:...
6. Workplace:...
Request permission to implement the individual contract signed on...month...year 199...with... (employer's name)...; address at:...
- Industry, profession in the Lao People's Democratic Republic:...
- Contract duration:...
- Anticipated departure date:...
- Documents include:
+ Contract (certified copy)
+..............................
I hereby commit to fulfilling all responsibilities in accordance with state regulations.
|
Soybean, Peanuts, Potatoes (People's Committee of Ward, Village or direct management agency) |
..., day month year 199 Applicant's signature (clearly state name and surname) |
MODEL NO. 3
/TT-BCT dated 18/1999/TT-BLĐTBXH
dated August 14, 1999, issued by the Ministry of Labor, Invalids and Social Affairs
|
PROVINCE PEOPLE'S COMMITTEE... DEPARTMENT OF LABOR - INVALIDS AND SOCIAL AFFAIRS No.: /LĐTBXH |
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
|
1. Declaring entity:
APPLICATION FORM FOR CONTRACT REGISTRATION
1. Name of enterprise submitting application for contract registration:...
.............................................................................................................
2. Documents include:...
.............................................................................................................
.............................................................................................................
.............................................................................................................
3. Contract signed with partner:...
............................................................................................................
day month year 1999
4. Country to work in: Lao People's Democratic Republic...
5. Duration of work: ...
6. Number of people:...people;
7. Number of women:...people;
8. Occupational structure:...
9. Anticipated departure date: month year 1999
The registration acceptance form serves as the basis for processing exit procedures for workers going abroad to work under individual contracts. From.../.../1999 to.../.../1999, if the registration acceptance agency does not provide comments, the enterprise may directly proceed to the immigration authority to complete subsequent procedures.
This form is made in three copies: one copy for the enterprise submitting the contract registration application; one copy for the Exit and Entry Department of the Public Security Department and one copy retained at the Department of Labor, Invalids and Social Affairs.
Director
DEPARTMENT OF LABOR - INVALIDS AND SOCIAL AFFAIRS OF PROVINCE...
MODEL NO. 4
/TT-BCT dated 18/1999/TT-BLĐTBXH
dated August 14, 1999, issued by the Ministry of Labor, Invalids and Social Affairs
Name (Department of LĐTBXH, enterprise)
......................................................
REPORT
DISPATCHING VIETNAMESE WORKERS TO WORK ON A TIME-LIMITED BASIS IN THE LAO PEOPLE'S DEMOCRATIC REPUBLIC
(for quarterly and annual reports)
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Serial Number |
Contract No./Year |
Destination country |
Number of workers under contract |
Number of workers departing |
Number of workers returning |
Number of workers leaving |
Number of workers currently working |
Remarks |
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Ratio |
Female |
Ratio |
Female |
University |
With skills |
Without skills |
Ratio |
Female |
Completed |
Before deadline |
Deceased |
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
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..., day month year 199
Head of the unit
(Signature, stamp)
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