Circular No. 21/2021/TT-BLDTBXH detailing and guiding the implementation of certain provisions of the Law on Vietnamese Workers Going to Work Abroad under Contracts No. 69/2020/QH14 dated November 13, 2020 (hereinafter referred to as Law No. 69/2020/QH14).

CIRCULAR

DETAILING CERTAIN PROVISIONS OF THE LAW ON VIETNAMESE WORKERS GOING TO WORK ABROAD UNDER CONTRACTS

||| TO WORK IN FOREIGN COUNTRIES

 

Pursuant to the Law on Vietnamese Workers Going to Work Abroad Under Contracts No. 69/2020/QH14 dated November 13, 2020;

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, 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;

The Minister of Labor, Invalids and Social Affairs issues this Circular detailing and guiding the implementation of certain provisions of the Law on Vietnamese Workers Going to Work Abroad Under Contracts No. 69/2020/QH14 dated November 13, 2020 (hereinafter referred to as Law No. 69/2020/QH14) as follows:

Article 1. Scope of Regulation

This Circular details the following provisions and clauses of the Law on Vietnamese Workers Going to Work Abroad Under Contracts:

1. The dossier for preparing the labor force as stipulated in Clause 5, Article 18.

2. The detailed contents of the labor supply contract as stipulated in Clause 3, Article 19.

3. Documents proving that sending Vietnamese workers to work abroad complies with the laws of the receiving country as stipulated in Clause 4, Article 20; documents proving that sending Vietnamese workers to train and improve their skills abroad complies with the laws of the receiving country as stipulated in Clause 2, Article 40.

4. The ceiling of commission fees under the intermediary contract as stipulated in Clause 3, Article 22.

5. The ceiling of service fees as stipulated in Point c, Clause 4, Article 23.

6. Professional staff managing and supporting workers abroad as stipulated in Point e, Clause 2, Article 26.

7. The contents of the guarantee contract and the contract termination agreement as stipulated in Clause 3, Article 58.

8. Programs, contents, duration of orientation education, model and validity period of the certificate of completion of the orientation education course as stipulated in Clause 3, Article 65.

9. Model documents for registering labor supply contracts as stipulated in Clause 4, Article 20; model documents for registering internship labor contracts as stipulated in Clause 2, Article 40; model documents for registering direct employment contracts as stipulated in Point a, Clause 1, Article 53.

10. Model Employment Contract for Sending Vietnamese Workers to Work Abroad signed between workers and service enterprises as stipulated in Clause 3, Article 21; contents and model Employment Contract for Sending Vietnamese Workers to Work Abroad signed between workers and Vietnamese organizations and individuals investing abroad as stipulated in Clause 4, Article 35; between workers and public institutions as stipulated in Point b, Clause 1, Article 43.

11. Regular annual reporting system of service enterprises as stipulated in Point m, Clause 2, Article 26, of Vietnamese organizations and individuals investing abroad as stipulated in Clause 8, Article 35, of public institutions as stipulated in Point g, Clause 2, Article 43; reports on the implementation of sending workers to train and improve their skills abroad as stipulated in Point l, Clause 2, Article 41.

Article 2. Applicability

1. Vietnamese workers going abroad under contracts.

2. Vietnamese enterprises engaged in services for sending Vietnamese workers to work abroad under contracts.

3. Vietnamese enterprises sending Vietnamese workers to train and improve their skills abroad.

4. Vietnamese organizations and individuals investing abroad sending Vietnamese workers to work abroad.

5. Public institutions under Ministries, agencies at the ministerial level, and government agencies assigned tasks of sending Vietnamese workers to work abroad under contracts.

6. Other agencies, organizations, and individuals related to the implementation of this Circular.

Article 3. Labor force preparation dossier

The labor force preparation dossier includes:

1. A labor force preparation document according to Model No. 01 attached as Appendix I issued together with this Circular.

2. A copy of the request document from the foreign entity receiving the labor or the cooperation agreement between the Vietnamese enterprise and the foreign entity receiving the labor, accompanied by a certified Vietnamese translation containing the following contents:

a) The number of workers needed by the Vietnamese enterprise, the profession, and the gender of the workers;

b) Requirements regarding the level of education, vocational skills, and foreign language proficiency of the workers;

c) Basic information about overseas employment (place of work, salary, duration of the labor contract);

d) The planned recruitment time.

3. Documentation proving that the competent authority of the host country has permitted the recruitment of foreign labor for the first-time collaborating foreign entity with a Vietnamese service enterprise is one of the following two types of documents:

a) One copy of the operating license issued by the competent authority of the host country for the case where the foreign entity receiving the labor is a job placement service organization;

b) One copy of one of the following documents for the case where the foreign entity receiving the labor is an employer: approval document for the use of foreign labor issued by the competent authority of the host country; notification of the quota for accepting foreign labor issued by the competent authority of the host country; other documents permitting the recruitment of foreign labor according to the laws of the host country.

4. The labor force preparation plan includes the following contents:

a) The expected number of workers (maximum equal to the number specified in point a, Clause 2 of this Article); profession; gender; level of education, vocational skills, and foreign language proficiency of the workers;

b) Methods of labor force preparation: b1) Preliminary selection (if applicable): Start date of preliminary selection, location of preliminary selection; b2) Expected vocational skill training (if applicable): Duration (start date, end date), location, training method (direct/cooperative); b3) Expected foreign language training (if applicable): Duration (start date, end date), location, training method (direct/cooperative).

5. Commitment to prioritize the selection of workers who have participated in labor force preparation activities is a document expressing the content of the enterprise's priority selection for each worker who has participated in preparation when implementing the labor supply contract.

Article 4. Detailed content of the labor supply contract

The detailed content of the labor supply contract according to the market, profession, and job is stipulated as follows:

1. For professions, trades, and jobs in the Japanese market as prescribed in Appendix II issued together with this Circular.

2. For professions, trades, and jobs in the Taiwan (China) market as prescribed in Appendix III issued together with this Circular.

3. For professions, trades, and jobs in the South Korean market as prescribed in Appendix IV issued together with this Circular.

4. For professions, trades, and jobs in the Middle East, Central Asia, and Africa markets as prescribed in Appendix V issued together with this Circular.

5. For professions, trades, and jobs in the European and Oceania markets must be prescribed in Appendix VI issued together with this Circular.

6. For professions, trades, and jobs in the American market as prescribed in Appendix VII issued together with this Circular.

7. For professions, trades, and jobs in the Chinese, Macau (China), and Southeast Asian markets as prescribed in Appendix VIII issued together with this Circular.

8. For international maritime work as prescribed in Appendix IX issued together with this Circular.

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

1. For the Malaysian market and the Taiwan (China) market, the documents proving include:

a) One copy of the recruitment application assessment form for Vietnamese workers issued by the Vietnamese representative office in the country or territory;

b) One copy of the foreign labor recruitment permit issued by the competent authority of the host country to the employer, accompanied by a Vietnamese translation.

2. For other countries and territories:

a) In cases where the foreign labor receiving party is an overseas employer, the documents proving include: a1) One copy of the business license or registration certificate of the employer showing the business field corresponding to the industry, profession, and job of recruiting foreign workers, accompanied by a Vietnamese translation; a2) One copy of the document from the competent authority of the labor receiving country allowing the employer to recruit foreign workers or the list of industries, professions, and jobs permitted to recruit foreign workers, if applicable, accompanied by a Vietnamese translation.

b) In cases where the foreign labor receiving party is an overseas employment service organization, the documents proving include: b1) One copy of the business license or registration certificate of the employment service organization showing the business field including employment services, accompanied by a Vietnamese translation; b2) One copy of the cooperation agreement or request document or authorization document for recruiting Vietnamese workers issued by the employer to the employment service organization, accompanied by a Vietnamese translation; b3) The documents proving the employer as specified in point a of this clause.

Article 6. Documents proving the dispatch of Vietnamese workers to train and improve their skills abroad in compliance with the laws of the labor receiving country

For countries and territories that require approval from the competent authority for the acceptance of foreign workers for training and skill improvement, the documents proving are one of the following documents:

1. One copy of the document permitting the training reception facility to accept foreign workers issued by the competent authority of the host country.

2. Other documents indicating that the training reception facility is authorized to accept workers according to the regulations of the host country.

Article 7. Ceiling on commission fees under brokerage contracts

1. The ceiling on commission fees under brokerage contracts agreed between the service enterprise and the intermediary organizations or individuals shall not exceed half a month's salary of the worker under the labor contract for each twelve months of work. In cases where the labor contract has a term of thirty-six months or more, the ceiling on commission fees under the brokerage contract shall not exceed one and a half months' salary of the worker under the labor contract.

2. The ceiling on commission fees under brokerage contracts for certain markets, industries, and specific jobs is stipulated in Appendix X attached hereto.

Article 8. Ceiling on service fees collected from workers for certain markets, industries, and specific jobs

The ceiling on service fees collected from workers for certain markets, industries, and specific jobs is stipulated in Appendix XI attached hereto.

Article 9. Business Service Employees for Managing and Supporting Overseas Workers

The service business must assign at least one (1) business service employee to the receiving country or territory to manage and support workers according to the following regulations:

1. For service businesses with 500 or more workers employed in Taiwan (China), South Korea, Macau (China), and Japan.

2. For service businesses with 300 or more workers employed in other countries or territories.

Article 10. Contents of Guarantee Contracts

Guarantee contracts shall include the main contents as follows:

1. Parties involved

a) The guarantor is an individual or organization meeting the conditions stipulated in Article 55 of Law No. 69/2020/QH14;

b) The guaranteed party is a Vietnamese worker going abroad under a contract;

c) The recipient of guarantee is a service business or unit sending workers abroad under a contract.

2. Scope of Guarantee The scope of guarantee covers part or all of the following obligations of the guaranteed party:

a) Payment of service fees that the guaranteed party has not paid;

b) Payment of compensation costs due to damages caused by the violation of the contract by the guaranteed party;

c) Payment of interest on late payments within the scope of guarantee calculated based on the interest rate for non-term deposits in Vietnamese dong agreed upon by the parties corresponding to the delay period at the time of payment.

3. Rights and Obligations of the Involved Parties

a) Rights of the Guarantor

a1) To be provided full and accurate information by the recipient of guarantee, the guaranteed party, and related parties about the rights and obligations of the guaranteed party towards the recipient of guarantee;

 a2) To request the recipient of guarantee to report on the place of work, employment status, income, health, working conditions, living conditions of the guaranteed party;

 a3) To request the recipient of guarantee to fulfill commitments made to the guarantor and the guaranteed party;

 a4) To claim compensation for losses and use such compensation to offset obligations to the recipient of guarantee (if applicable) when the recipient of guarantee fails to perform or performs incompletely or inadequately the obligations set out in points d1), d2), d4), and d8) of this provision, causing loss to the guarantor;

a5) To be informed by the recipient of guarantee and the guaranteed party about the fulfillment of the guaranteed obligation by the guaranteed party;

 a6) To request the recipient of guarantee to return financial capability, capacity, and credibility proof documents of the guarantor (if applicable) when the guarantee contract terminates;

 a7) To request the guaranteed party to fulfill obligations towards the guarantor within the scope of the performed guarantee obligation, except where otherwise agreed.

a8) To request the recipient of guarantee to return assets received or equivalent value of the performed guarantee obligation if the guaranteed party continues to fulfill the guaranteed obligation.

b) Obligations of the Guarantor

b1) To transfer documents proving financial capability, capacity, and credibility and other necessary documents to the recipient of guarantee;

 b2) To encourage and educate the guaranteed party to fulfill their obligations under the signed contract with the recipient of guarantee; to take necessary measures to prevent and mitigate losses caused by the guaranteed party's breach of contract;

 b3) To fulfill obligations on behalf of the guaranteed party within the scope of the guarantee commitment when the guaranteed party fails to perform or performs incompletely or inadequately the obligations under the signed contract with the recipient of guarantee;

 b4) To deliver assets owned by the guarantor to the recipient of guarantee or a third party as agreed for handling in case of failure to perform or performing incompletely or inadequately the guarantee obligation;

 b5) To pay the value of breached obligations and compensate for losses in case of failure to perform or performing incompletely or inadequately the guarantee obligation.

c) Rights of the Recipient of Guarantee

c1) To request the guarantor to fulfill the guarantee obligation, except where the parties agree that the guarantor will only fulfill obligations on behalf of the guaranteed party in cases where the guaranteed party lacks the ability to perform obligations;

c2) To request the guarantor to transfer documents proving financial capability, capacity, and credibility and other necessary documents;

c3) To request the guarantor to take measures to encourage and educate the guaranteed party to fulfill obligations under the signed contract with the recipient of guarantee;

 c4) To request the guarantor to provide assets for handling in case of expiration of the guarantee obligation performance period without the guarantor performing or performing incompletely or inadequately the guarantee obligation;

c5) To request the guarantor to pay the value of breached obligations and compensate for losses in case of failure to perform or performing incompletely or inadequately the guarantee obligation.

d) Obligations of the Recipient of Guarantee

d1) To fulfill commitments made to the guarantor and the guaranteed party;

d2) To provide accurate, complete, and timely information to the guarantor about the rights and obligations of the guaranteed party towards the recipient of guarantee;

d3) To report on the place of work, employment status, income, health, working conditions, living conditions of the guaranteed party as requested by the guarantor;

 d4) To maintain, preserve, and not damage or lose documents proving financial capability, capacity, and credibility of the guarantor, if the parties have agreed that the recipient of guarantee will keep these documents. In case of damage or loss of documents, the recipient of guarantee must compensate for the loss;

d5) To inform the guarantor about the performance of obligations on behalf of the guaranteed party when there is a basis for performing the guarantee obligation as prescribed by the law on secured transactions; if the guaranteed party must perform obligations before the deadline due to a breach but does not perform or performs incompletely or inadequately such obligations, the recipient of guarantee must clearly state the reason in the notification about the guaranteed party's obligation to perform before the deadline.

d6) Provide to the guarantor documents and materials proving the obligations of the guaranteed party within the scope of the guarantee and damages caused by the guaranteed party;

d7) Notify the guarantor that the guaranteed party has fulfilled the guaranteed obligation;

d8) Return documents and materials proving the financial capacity, capability, and reputation of the guarantor (if any) when the guarantee contract terminates;

d9) Notify the guaranteed party that the guarantor has fulfilled the guarantee obligation.

4. Termination of Guarantee The guarantee terminates in cases as prescribed by civil law on guarantees.

5. Other Agreements Not Contrary to Legal Provisions

Article 11. Liquidation of Guarantee Contracts

1. The period for liquidating a guarantee contract is thirty (30) days from the date of termination of the guarantee, except where the parties have agreed otherwise.

2. The liquidation of a guarantee contract shall be documented in a separate document or recorded in the document cancelling the guarantee or the document agreeing to terminate the guarantee, specifying the extent to which the parties have fulfilled the contents agreed upon in the guarantee contract, and the responsibilities of the parties (if any) due to the liquidation of the contract.

Article 12. Orientation Education

1. The program, duration, and content of orientation education are stipulated in Appendix XII issued together with this Circular.

2. Model and validity period of the certificate of completion of orientation education course:

a) The model of the certificate of completion of the orientation education course is specified in Model No. 06 of Appendix I issued together with this Circular;

b) The certificate of completion of the orientation education course is valid for twenty-four (24) months from the date of issuance. Beyond this period, enterprises, public institutions, organizations, and individuals investing abroad must organize orientation education again. In cases where the certificate is still valid for up to twenty-four (24) months but the worker changes the service enterprise, public institution, organization, or individual sending them abroad or changes the industry, profession, job, or destination country, the enterprise, public institution, or organization must conduct orientation education again on the changed contents; the worker must be re-examined and issued a new certificate of completion of the orientation education course.

Article 13. Models of Registration Documents for Contracts

1. The registration document for labor supply contracts according to Model No. 02 of Appendix I issued together with this Circular.

2. The registration document for internship labor reception contracts according to Model No. 04 of Appendix I issued together with this Circular.

3. The registration document for direct labor contracts concluded according to Model No. 05 of Appendix I issued together with this Circular.

Article 14. Contents and Models of Contracts for Sending Vietnamese Workers Abroad

1. The contract for sending Vietnamese workers abroad signed between the worker and the service enterprise according to Model No. 03 of Appendix 01 issued together with this Circular.

2. The contract for sending Vietnamese workers abroad signed between the worker and the Vietnamese organization or individual investing abroad must comply with Vietnamese law, the laws of the country or territory where the worker will work, and include the following contents: Duration of work; profession and job required; country or territory where the worker will work, place of work; pre-departure orientation education; working conditions and environment; working hours and rest periods; occupational safety and health; wages and bonuses (if any), overtime pay, deductions from wages (if any); living conditions, meals, accommodation, and transportation from residence to workplace; responsibility for paying travel expenses from Vietnam to the workplace and vice versa; medical examination and treatment benefits and other rights and benefits (if any); rights and benefits of workers in case of work-related accidents, occupational diseases, and other matters; compensation for damage caused by breach of contract; mechanisms, procedures, and applicable laws for dispute resolution; other agreements not contrary to law and social ethics.

3. The contract for sending Vietnamese workers abroad signed between the worker and the public institution must comply with Vietnamese law, the laws of the country or territory receiving labor, international agreements stipulated in Clause 1 of Article 42 of Law No. 69/2020/QH14, the labor supply contract signed with the foreign entity receiving labor (if any), and include the following contents: Duration of work; profession and job required; country of work, place of work; pre-departure orientation education; skill training and language training (if any); costs borne by the worker before departure; working conditions and environment; working hours and rest periods; occupational safety and health; wages and bonuses (if any), overtime pay, deductions from wages (if any); living conditions, meals, accommodation, and transportation from residence to workplace; responsibility for paying travel expenses from Vietnam to the workplace and vice versa; medical examination and treatment benefits and other rights and benefits (if any); social insurance, health insurance, work injury insurance, and occupational disease insurance; compensation for damage caused by breach of contract; deposit or guarantee to fulfill the contract's obligations (if any); contract liquidation; mechanisms, procedures, and applicable laws for dispute resolution; other agreements not contrary to law and social ethics.

Article 15. Regular Reporting System

The regular reporting system for Vietnamese service enterprises, organizations, and individuals investing abroad, public institutions sending Vietnamese workers to work overseas, and enterprises sending workers for training and skill enhancement abroad shall be regulated as follows:

1. Annually, before December 20 of the reporting period, the aforementioned enterprises, organizations, and individuals shall prepare a report on the situation of sending workers to work overseas under contracts according to the template outlined in Appendix XIII attached to this Circular.

2. The report shall be presented in writing and submitted to the receiving authority through one of the following methods: directly, postal service, or online.

3. The data cut-off period for the annual regular report runs from December 15 of the year preceding the reporting period to December 14 of the reporting period.

Article 16. Effective Date

1. This Circular takes effect from February 1, 2022.

1. This Circular takes effect from February 26, 2018.

a) Circular No. 21/2007/TT-BLDTBXH dated October 8, 2007, issued by the Ministry of Labor, Invalids, and Social Affairs detailing certain provisions of the Law on Vietnamese Workers Working Abroad Under Contracts and Decree No. 126/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing and guiding certain provisions of the Law on Vietnamese Workers Working Abroad Under Contracts;

b) Circular No. 21/2013/TT-BLDTBXH dated October 10, 2013, issued by the Ministry of Labor, Invalids, and Social Affairs stipulating the maximum amount of deposit and labor market that service enterprises may negotiate with workers;

c) Circular No. 22/2013/TT-BLDTBXH dated October 15, 2013, issued by the Ministry of Labor, Invalids, and Social Affairs prescribing the format and content of labor supply contracts and contracts sending workers to work abroad;

d) Decision No. 18/2007/QĐ-BLDTBXH dated July 18, 2007, issued by the Minister of Labor, Invalids, and Social Affairs promulgating the program for necessary knowledge training for workers before going to work abroad;

đ) Decision No. 20/2007/QĐ-BLDTBXH dated August 2, 2007, issued by the Minister of Labor, Invalids, and Social Affairs promulgating the certificate for necessary knowledge training for workers before going to work abroad;

e) Decision No. 61/2008/QĐ-BLDTBXH dated August 12, 2008, issued by the Minister of Labor, Invalids, and Social Affairs regarding the brokerage fee for workers repaid to enterprises at certain markets;

3. During the implementation of this Circular, if there are difficulties or obstacles, the relevant agencies, enterprises, and workers are requested to reflect them to the Ministry of Labor, Invalids, and Social Affairs (through the Overseas Labor Management Department) for timely guidance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix XII. Education Orientation Program, Contents, and Duration
(Attached to Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021, issued by the Minister of Labor, Invalids, and Social Affairs)

 

The orientation education program consists of 74 sessions (including 54 theoretical sessions and 20 practical sessions, each session lasting 45 minutes) with the following content and duration:

1. Traditions and cultural identity of the Vietnamese nation (Duration: 02 sessions, including: 02 theoretical sessions)

a) The task of preserving and promoting the tradition of patriotism, unity, mutual assistance, national pride and self-respect, and the cultural identity of the nation when living and working abroad;

b) The civic responsibility of workers when working abroad;

c) Activities to send Vietnamese workers to work abroad, the benefits of these activities for the workers themselves, their families, and society.

2. Basic knowledge about Vietnamese law and the receiving country's law (Duration: 07 sessions, including: 07 theoretical sessions)

a) Vietnamese law: provisions related to workers going to work abroad under the Labor Code; Law on Vietnamese Workers Going to Work Abroad Under Contracts and guiding documents; provisions regarding mandatory social insurance participation, contributions to the Overseas Employment Support Fund; provisions on entry and exit; provisions of the Civil Code and regulations on handling complaints and grievances related to the dispatching of workers abroad under contracts.

b) Laws of the receiving country: provisions on immigration and entry and exit related to foreign workers; working conditions; insurance systems (social insurance, health insurance, accident insurance...); medical examination, treatment, and reproductive health care systems; compensation systems for foreign workers; acts of violating laws and penalties; traffic safety regulations;

c) The obligation to comply with and adhere to Vietnamese and the receiving country's laws by workers going to work abroad.

3. Basic contents of contracts related to Vietnamese workers going to work abroad under contracts (Duration: 06 sessions, including: 06 theoretical sessions)

a) Contract for sending workers to work abroad (service enterprises, public organizations, organizations, and individuals investing abroad sign with workers); overseas vocational training contract (Vietnamese enterprises sign with workers regarding overseas vocational training and skill enhancement);

b) Employment contract (employer signs with worker);

c) Deposit contract, guarantee contract;

d) Rights, obligations, and responsibilities of the parties in implementing the terms of the contract.

Enterprises shall disseminate to workers the contents of various types of contracts suitable for the form of Vietnamese workers going to work abroad.

4. Skills in budgeting, saving, and sending money back home during work abroad (Duration: 04 sessions, including: 03 theoretical sessions, 01 practical session)

a) Planning expenses abroad, determining needs and desires in spending, risk funds;

b) Planning the use of savings: investment in education, debt repayment, house construction, business, etc.;

c) Safe channels for sending money back home, official and unofficial money transfer services, advantages and disadvantages.

5. Labor discipline, occupational safety, and health (Duration: 12 sessions, including: 06 theoretical sessions, 06 practical sessions)

a) Workplace labor rules;

b) Guidelines for regulations and rules on occupational safety and health;

c) Personal protective equipment and usage methods;

d) Types of workplace accidents; occupational diseases and preventive measures;

đ) Violations of labor rules, discipline, safety, and health that Vietnamese workers often commit and how to prevent them.

6. Customs, traditions, and culture of the receiving country (Duration: 03 sessions, including: 03 theoretical sessions)

a) Introduction to the country, people, natural geographic location, population, scenic spots;

b) Religion and distinctive customs and traditions;

c) Traditional culture and art, lifestyle, daily habits of local people, communication experience;

d) Moral standards;

đ) Social behavior culture;

e) Points to note regarding religion, customs, and culture of the receiving country.

7. Ways of behaving in work and daily life (Duration: 10 sessions, including: 06 theoretical sessions, 04 practical sessions)

a) In work:

a1) How to behave and the procedure for resolving issues arising in labor relations with employers; with representatives of intermediary companies, service enterprises sending workers abroad, or persons authorized by enterprises;

a2) How to behave with co-workers in the factory (Vietnamese workers, workers from other countries, and local workers).

b) In daily life:

b1) Adhering to rules and regulations at public places and residences;

b2) Prohibited social disorderly behaviors: gambling, fighting, cursing, storing and distributing pornographic materials;

b3) How to behave and the procedure for resolving issues when living and working conditions of workers are not guaranteed;

b4) Taboos: brewing alcohol, hunting and killing animals such as dogs, cats, birds;

b5) Common behavioral mistakes of Vietnamese workers and how to correct them.

8. Using communication tools, transportation, shopping, and daily life equipment and devices (Duration: 08 sessions, including: 04 theoretical sessions, 04 practical sessions)

a) Guidance on departure procedures in Vietnam and arrival procedures in the destination country;

b) Guidance on preparing personal belongings and luggage;

c) Guidance on using transportation means: airplanes, trains, buses, taxis, subways, motorcycles, bicycles;

d) Things to know and do immediately upon arrival at the workplace (receiving accommodation, provided equipment; using daily life equipment such as gas stoves, microwave ovens, refrigerators, air conditioners, vacuum cleaners, telephones, internet);

đ) Using local currency in daily transactions; the commercial system of the host country and shopping at supermarkets and markets.

e) The existing issues of Vietnamese workers in this field and ways to address them.

9. Basic knowledge on forced labor, trafficking in persons, gender equality, sexual abuse, gender-based violence, and preventive skills. (duration: 08 sessions, including: 05 theoretical sessions, 03 practical sessions)

a) Concept of forced labor, trafficking in persons, and preventive skills;

b) Concept of gender equality, gender-based violence, and preventive skills; gender equality issues in the host country;

c) Sexual abuse, sexual harassment, and prevention methods;

d) Skills for responding to cases of forced labor, trafficking in persons, gender discrimination, sexual abuse, and gender-based violence;

đ) Skills for preventing, combating, and responding to violence, discrimination, and gender-based discrimination against foreigners.

10. Basic content on citizen protection, safeguarding legitimate rights and interests, and issues that need to be prevented during work abroad. (duration: 06 sessions, including: 04 theoretical sessions, 02 practical sessions)

a) Concept and content of citizen protection, agencies responsible for protecting citizens both domestically and abroad;

b) Fire prevention and firefighting; traffic accidents; drowning; dangerous epidemics;

c) Methods to prevent natural disasters such as typhoons, floods, earthquakes, tsunamis;

d) Prevention of drugs, prostitution, HIV/AIDS, infectious diseases;

đ) Deceptive schemes, theft, violence, luring workers to breach contracts and engage in illegal activities, and actions to take when incidents occur.

11. Guidance on accessing job opportunities after returning home. (Duration: 02 sessions, including: 02 theoretical sessions)

a) Enhancing skills and foreign languages during work abroad;

b) Connecting with domestic job exchange platforms, local employment centers, and additional skill training.

12. Information on support hotlines and addresses for workers encountering difficulties while working abroad. (duration: 01 session, including: 01 theoretical session)

Providing and guiding on contact phone numbers and addresses of Vietnamese representative offices abroad, enterprise management representatives, police, fire services, emergency hotlines of relevant authorities in the host country, citizen protection support hotline, complaint resolution channels... so that workers can use them when necessary.

13. Review and examination. (duration: 05 sessions).

14. Other contents.

For markets, industries, occupations, and jobs with agreements between the Ministry of Labor, Invalids, and Social Affairs and the competent authority of the host country beyond the provisions on the content, program, and duration of orientation education mentioned above, enterprises are responsible for implementing according to the agreement.

 

Appendix XIII. Sample Periodic Report Outline
(Attached to Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021, issued by the Minister of Labor, Invalids, and Social Affairs)

Sample No. 01. Annual Periodic Report Outline of Enterprises Providing Services for Sending Vietnamese Workers Abroad to Work

Sample No. 02. Annual Periodic Report Outline of Organizations and Individuals Investing Abroad to Send Vietnamese Workers Abroad to Work

Sample No. 03. Annual Periodic Report Outline of Public Institutions Sending Vietnamese Workers Abroad to Work

Sample No. 04. Report Outline on the Implementation of Sending Workers Abroad for Training and Skill Improvement

 

Form No. 01

Annual Periodic Report Outline of Enterprises Providing Services for Sending Vietnamese Workers Abroad to Work

To: Overseas Labor Management Department

I. Situation of Activities of Sending Workers Abroad to Work During the Reporting Period

1. Enterprise information and conditions for maintaining the service license for sending workers abroad to work, operational conditions at the market, industry, occupation, and job level in case of changes:

a) Capital, deposit, main office, business location, orientation education facility;

b) Enterprise's website address;

c) Legal representative in the activity of providing services for sending Vietnamese workers abroad under the contract (degree, position, qualification, type of contract, years of service, work experience);

d) Business personnel engaged in sending Vietnamese workers abroad under the contract (degree, position, appointment decision, professional qualification, language proficiency, type of contract, years of service, social insurance/health insurance contribution);

đ) Location of the service for sending Vietnamese workers abroad under the contract.

2. Situation of activities of providing services for sending Vietnamese workers abroad to work under the contract outside the report in the Database System:

a) Orientation education organization, vocational skill training, language training (if applicable);

b) Worker deposits and use of worker deposits;

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

d) Implementation of policies for workers going abroad to work under the contract;

đ) Contract termination for sending Vietnamese workers abroad;

e) Support for job placement for workers after returning home;

g) Revenue and economic efficiency of the enterprise in the activity of sending Vietnamese workers abroad (including the implementation of brokerage contracts and brokerage fees).

II. Advantages and Difficulties

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

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

III. Recommendations and Proposals

 

Form No. 02

Annual Periodic Report Outline of Organizations and Individuals Investing Abroad to Send Vietnamese Workers Abroad to Work

To: Overseas Labor Management Department

I. Situation of Activities of Sending Workers Abroad to Work During the Reporting Period

1. General information about organizations and individuals investing abroad: project investment information of organizations and individuals.

2. Activities of sending workers abroad to work:

a) Organize orientation education; negotiate supplementary agreements to the contract, sign contracts with workers;

b) The situation regarding the implementation of plans for sending Vietnamese workers abroad under contracts;

c) Terminate contracts for sending Vietnamese workers to work abroad with workers.

II. Advantages and Difficulties

1. Advantages or positive factors affecting the activities of enterprises in sending workers to work abroad in the year;

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

III. Recommendations and Proposals

 

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

Outline of the annual periodic report of public institutions sending Vietnamese workers to work abroad

To: Overseas Labor Management Department

I. Situation of Activities of Sending Workers Abroad to Work During the Reporting Period

1. General information (if changed): name, headquarters address, orientation education institution, head of the organization.

2. Implementation of international agreements:

a) Signing labor supply contracts (if applicable);

b) Selection, orientation education, skill training, language training (if applicable); signing contracts to send Vietnamese workers to work abroad;

c) Agreeing on and implementing guarantee measures and suretyship;

d) Managing and protecting the rights and legitimate interests of workers (including incidents that have occurred, are ongoing, or have not yet been resolved during the reporting period; the number of workers who illegally remain abroad after the termination of the contract);

đ) Terminating contracts; compensating workers (if applicable).

II. Advantages and Difficulties

1. Advantages in the process of implementing cooperation programs, agreements, or sources of labor, or other positive factors impacting the activities of the unit in the year;

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

III. Recommendations and Proposals

 

Form number 04

Outline of the report on the implementation of sending workers abroad for training and skill enhancement

Respectfully submitted to: …. (1) …..

I. Situation of activities in sending Vietnamese workers abroad for training, internships, and skill enhancement in the reporting period

1. General information about enterprises sending Vietnamese workers abroad for training, internships, and skill enhancement, and organizations or enterprises where workers go for training, internships, and skill enhancement.

2. Activities in sending Vietnamese workers abroad for training, internships, and skill enhancement:

a) Organizing orientation education; signing and terminating pre-training contracts before workers go abroad for training, skill enhancement;

b) Management and protection of the rights and legitimate interests of workers sent abroad for training and skill enhancement by enterprises; situation of receiving and arranging employment for workers after their training and skill enhancement period abroad.

II. Advantages and Difficulties

1. Advantages or positive factors affecting the activities of enterprises in sending workers abroad for training, internships, and skill enhancement in the year;

2. Difficulties and obstacles encountered during the process of sending workers abroad for training, internships, and skill enhancement in the year, along with their causes.

III. Recommendations and Proposals

Note: (1) Receiving authority:

- Labor department under the provincial People's Committee where the enterprise's main office is located, in cases where the duration of sending Vietnamese workers abroad for training and skill enhancement is less than 90 days;

- Overseas Labor Management Department (Ministry of Labor, Invalids and Social Affairs), in cases where the duration of sending Vietnamese workers abroad for training and skill enhancement is 90 days or more.