Circular No. 22/2003/TT-BLDTBXH guiding the implementation of certain provisions of Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government detailing and guiding the implementation of the Labor Code on Vietnamese workers working abroad.

CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 81/2003/NĐ-CP

ISSUED ON JULY 17, 2003 BY THE GOVERNMENT PROVIDING DETAILED REGULATIONS AND GUIDANCE ON THE LABOR CODE REGARDING VIETNAMESE WORKERS WORKING ABROAD

IMPLEMENTING DECREE NO. 81/2003/NĐ-CP ISSUED ON JULY 17, 2003 BY THE GOVERNMENT PROVIDING DETAILED REGULATIONS AND GUIDANCE ON THE LABOR CODE REGARDING VIETNAMESE WORKERS WORKING ABROAD (HEREINAFTER REFERRED TO AS DECREE NO. 81/2003/NĐ-CP), AFTER CONSIDERING THE OPINIONS OF RELEVANT MINISTRIES AND SECTORS, THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS GUIDES THE IMPLEMENTATION AS FOLLOWS:

I. PROCEDURES FOR GRANTING BUSINESS LICENSES

EXPORTING LABOR
1. APPLICATION DOCUMENTS FOR GRANTING A BUSINESS LICENSE FOR EXPORTING LABOR.

1.1. APPLICATION DOCUMENTS FOR GRANTING A NEW BUSINESS LICENSE FOR EXPORTING LABOR IN ACCORDANCE WITH CLAUSE 1, ARTICLE 10 OF DECREE NO. 81/2003/NĐ-CP INCLUDE:

a) APPLICATION FORM FOR BUSINESS LICENSE (ACCOMPANYING MODEL NUMBER 1 OF THIS CIRCULAR).

b) REQUEST LETTER FROM THE ENTERPRISE MANAGEMENT AUTHORITY:

- LETTER FROM THE MINISTER, HEAD OF A MINISTRY OR GOVERNMENT-LEVEL AGENCY, CHAIRMAN OF THE PEOPLE'S COMMITTEE OF PROVINCES, CHAIRMAN OF THE BOARD OF DIRECTORS OF STATE ENTERPRISES OPERATING UNDER THE MODEL PROVIDED FOR IN DECISION NO. 91/TTg OF MARCH 7, 1994 OF THE PRIME MINISTER FOR STATE ENTERPRISES;

- LETTER FROM THE HEAD OF THE ORGANIZATIONS MENTIONED IN CLAUSE 3, ARTICLE 8 OF DECREE NO. 81/2003/NĐ-CP FOR ENTERPRISES MANAGED BY SUCH ORGANIZATIONS;

- LETTER FROM THE CHAIRMAN OF THE PEOPLE'S COMMITTEE OF THE PROVINCE WHERE THE ENTERPRISE IS LOCATED FOR ENTERPRISES PROVIDED FOR IN CLAUSES 2 AND 4, ARTICLE 8 OF DECREE NO. 81/2003/NĐ-CP.

c) COPIES OF THE DECISION TO ESTABLISH THE ENTERPRISE AND THE BUSINESS REGISTRATION CERTIFICATE (FOR ENTERPRISES PROVIDED FOR IN CLAUSES 1 AND 3, ARTICLE 8 OF DECREE NO. 81/2003/NĐ-CP); COPIES OF THE BUSINESS REGISTRATION CERTIFICATE (FOR ENTERPRISES PROVIDED FOR IN CLAUSES 2 AND 4, ARTICLE 8 OF DECREE NO. 81/2003/NĐ-CP).

d) PROPOSAL ON THE EXPORT LABOR ACTIVITIES OF THE ENTERPRISE (ACCOMPANYING MODEL NUMBER 2 OF THIS CIRCULAR) APPROVED BY THE ENTERPRISE MANAGEMENT AUTHORITY.

đ) CERTIFICATION FROM THE ENTERPRISE MANAGEMENT AUTHORITY ON THE REGISTERED CAPITAL OF THE ENTERPRISE AT THE TIME OF APPLICATION FOR THE BUSINESS LICENSE.

e) DOCUMENTS PROVING THE HEADQUARTERS AND TRAINING-EDUCATIONAL ORIENTATION FACILITIES OF THE ENTERPRISE:

- COPY OF ONE OF THE FOLLOWING DOCUMENTS: OWNERSHIP CERTIFICATE, AUTHORITY DECISION TO ASSIGN THE USE OF THE BUILDING TO THE ENTERPRISE, OR LEASE CONTRACT WITH A TERM OF MORE THAN THREE YEARS;

- COPY OF THE DECISION TO ESTABLISH AND THE BUSINESS REGISTRATION CERTIFICATE OF THE TRAINING-EDUCATIONAL ORIENTATION FACILITY SUBORDINATE TO THE ENTERPRISE.

g) CURRICULUM VITAE OF THE GENERAL MANAGER OR DIRECTOR OF THE ENTERPRISE, THE HEAD OF THE LABOR EXPORT UNIT, AND THE HEAD OF THE TRAINING-EDUCATIONAL ORIENTATION FACILITY SUBORDINATE TO THE ENTERPRISE (ACCOMPANYING MODEL NUMBER 3 OF THIS CIRCULAR); LIST OF STAFF INVOLVED IN LABOR EXPORT (ACCOMPANYING MODEL NUMBER 4 OF THIS CIRCULAR).

h) COPY OF THE CERTIFICATE OF SECURITY DEPOSIT FOR LABOR EXPORT ACTIVITIES AT THE BANK.

ALL COPIES MUST BE LEGALLY NOTARIZED.

1.2. APPLICATION DOCUMENTS FOR RENEWING A BUSINESS LICENSE IN ACCORDANCE WITH ARTICLE 36 OF DECREE NO. 81/2003/NĐ-CP INCLUDE:

a) REPORT ON THE RESULTS OF LABOR EXPORT ACTIVITIES OF THE ENTERPRISE ACCOMPANIED BY THE ORIGINAL BUSINESS LICENSE ALREADY ISSUED.

b) DOCUMENTS PROVIDED FOR IN POINT đ, e, g, h OF POINT 1.1 OF SECTION I OF THIS CIRCULAR.

c) CERTIFICATE FROM THE OVERSEAS LABOR MANAGEMENT AGENCY CONFIRMING THAT THE ENTERPRISE HAS PAID THE MANAGEMENT FEES AS PROVIDED FOR IN DECREE NO. 152/1999/NĐ-CP OF SEPTEMBER 20, 1999, AND CONFIRMING THAT THE ENTERPRISE HAS CONTRIBUTED TO THE LABOR EXPORT SUPPORT FUND AS PROVIDED FOR IN DECREE NO. 81/2003/NĐ-CP.

1.3. APPLICATION DOCUMENTS FOR RENEWING A BUSINESS LICENSE IN ACCORDANCE WITH ARTICLE 12 OF DECREE NO. 81/2003/NĐ-CP INCLUDE:

a) REPORT ON THE RESULTS OF LABOR EXPORT ACTIVITIES ACCOMPANIED BY THE ORIGINAL BUSINESS LICENSE ALREADY ISSUED.

b) DOCUMENTS PROVIDED FOR IN POINT 1.1 AND CLAUSE c OF POINT 1.2 OF SECTION I OF THIS CIRCULAR; THE CHARTER OF THE ENTERPRISE'S ORGANIZATION AND OPERATIONS (FOR ENTERPRISES PROVIDED FOR IN CLAUSE 4, ARTICLE 8 OF DECREE NO. 81/2003/NĐ-CP).

2. PERIOD FOR GRANTING A BUSINESS LICENSE FOR EXPORTING LABOR IN ACCORDANCE WITH CLAUSE 2, ARTICLE 10 OF DECREE NO. 81/2003/NĐ-CP IS AS FOLLOWS:

2.1. THE ENTERPRISE SHALL PREPARE THE APPLICATION DOCUMENTS AS PROVIDED FOR IN POINT 1 OF SECTION I ABOVE AND SEND THEM TO THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS (OVERSEAS LABOR MANAGEMENT AGENCY). WITHIN 15 WORKING DAYS FOR ENTERPRISES APPLYING FOR A NEW BUSINESS LICENSE AND 7 WORKING DAYS FOR ENTERPRISES APPLYING FOR A RENEWED BUSINESS LICENSE, COUNTING FROM THE DATE OF RECEIPT OF COMPLETE AND LEGAL APPLICATION DOCUMENTS, THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS SHALL ISSUE A BUSINESS LICENSE FOR EXPORTING LABOR TO THE ENTERPRISE (ACCOMPANYING MODEL NUMBER 5 OF THIS CIRCULAR). IF THE ENTERPRISE DOES NOT MEET THE REQUIREMENTS, THE OVERSEAS LABOR MANAGEMENT AGENCY SHALL NOTIFY THE ENTERPRISE IN WRITING OF THE NECESSARY ADDITIONAL INFORMATION; IF THE ENTERPRISE STILL DOES NOT MEET THE REQUIREMENTS, THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS SHALL RESPOND IN WRITING WITH THE REASONS TO BE KNOWN BY THE ENTERPRISE MANAGEMENT AUTHORITY AND THE ENTERPRISE.

FOR ENTERPRISES PROVIDED FOR IN CLAUSE 4, ARTICLE 8 OF DECREE NO. 81/2003/NĐ-CP, THE MINISTRY OF LABOR, INVALIDS AND SOCIAL AFFAIRS SHALL SUBMIT TO THE PRIME MINISTER FOR CONSIDERATION AND DECISION.

2.2. WITHIN 30 DAYS FROM THE DATE OF ISSUING A NEW OR RENEWED BUSINESS LICENSE, THE ENTERPRISE MUST REGISTER AT LEAST ON ONE LOCAL NEWSPAPER WHERE THE ENTERPRISE IS LOCATED AND ONE CENTRAL NEWSPAPER IN THREE CONSECUTIVE ISSUES WITH THE FOLLOWING MAIN INFORMATION:

a) FULL NAME, HEADQUARTERS ADDRESS OF THE ENTERPRISE, ADDRESS OF THE LABOR EXPORT UNIT, TRAINING-EDUCATIONAL ORIENTATION FACILITY SUBORDINATE TO THE ENTERPRISE, TELEPHONE NUMBER, FAX NUMBER; FUNCTION OF THE ENTERPRISE.

b) NAMES OF THE CHAIRMAN OF THE BOARD OF DIRECTORS (IF ANY), GENERAL MANAGER OR DIRECTOR OF THE ENTERPRISE, HEAD OF THE LABOR EXPORT UNIT, TRAINING-EDUCATIONAL ORIENTATION FACILITY SUBORDINATE TO THE ENTERPRISE.

c) REGISTERED CAPITAL AT THE TIME OF ISSUING THE BUSINESS LICENSE.

d) BUSINESS LICENSE NUMBER AND DATE OF ISSUE, START DATE OF OPERATIONS ACCORDING TO THE LICENSE.

II. LABOR EXPORT UNITS

SUBORDINATE TO ENTERPRISES
LABOR EXPORT UNITS SUBORDINATE TO ENTERPRISES IN ACCORDANCE WITH CLAUSE 13, ARTICLE 14 OF DECREE NO. 81/2003/NĐ-CP ARE AS FOLLOWS:

The unit subordinate to Clause 13, Article 14 of Decree No. 81/2003/NĐ-CP is specified as follows:

1. An enterprise with a permit may only assign tasks for labor export to no more than two subordinate units located in different provinces (cities). The enterprise shall be responsible for the activities of labor export of its subordinate units and shall conduct transactions with state management agencies on labor export only.

The enterprise must clearly define the scope of responsibility, functions, and authorities for the labor export units; simultaneously report in writing (according to Model No. 6 attached to this Circular) to the business management agency, the Department of Overseas Labor Management, and the Department of Labor, Invalids, and Social Affairs where the subordinate unit's headquarters is located, along with a valid copy of the business registration certificate, documents proving the place of operation, and a list of staff members performing labor export tasks.

For enterprises with more than two direct subordinate labor export units, they must reorganize within sixty days from the date this Circular takes effect.

2. When an enterprise, subordinate unit, or training and education institution changes its headquarters or the staff members performing labor export tasks, it must report in writing to the business management agency, the Department of Overseas Labor Management, and the Department of Labor, Invalids, and Social Affairs where the headquarters is located.

III. CONTRACTS AND CONTRACT REGISTRATION

1. Contracts signed with foreign parties according to Clause 1, Article 14 and Clause 4, Article 25 of Decree No. 81/2003/ND-CP shall be as follows:

1.1. Labor supply contracts between a Vietnamese enterprise and a foreign enterprise (whether directly using or not directly using labor), contracts for taking over construction projects or investment projects abroad that employ Vietnamese labor, and individual contracts directly signed by workers with overseas employers (individual contracts) shall collectively be referred to as contracts.

The contracts must ensure basic conditions regarding wages and income; working hours, rest periods, overtime hours; living and working conditions; social insurance; occupational safety and health; travel expenses from Vietnam to the workplace and vice versa; and dispute resolution responsibilities.

The contents of rights and obligations of workers must be consistent across all contracts: between workers and foreign employers, between Vietnamese enterprises and foreign enterprises, and between workers and Vietnamese enterprises.

1.2. For certain sectors employing many female workers and specific trades; places without Vietnamese labor or Vietnamese representative offices; and contracts accepting large numbers of Vietnamese workers, enterprises must report to the Department of Overseas Labor Management about the contract contents before signing. Within seven working days from receiving the enterprise's report, the Department of Overseas Labor Management will notify the enterprise in writing of its opinion on signing this contract.

1.3. Contracts can only be signed to send Vietnamese workers to work abroad in occupations, jobs, and areas not listed in the prohibited category in Appendix No. 1 attached to this Circular.

2. Contract registration procedures for enterprises according to Clause 1, Article 4, Article 13, and Article 16 of Decree No. 81/2003/ND-CP shall be as follows:

2.1. The contract registration dossier includes:

a) One copy of the contract registration form (according to Model No. 7 attached to this Circular)

b) A copy of the contract signed with the foreign party, accompanied by a translation and related documents from the receiving country concerning the contract, confirmed by the General Director or Director of the enterprise. For previously registered and approved contracts, the enterprise does not need to submit a copy of the contract.

In cases where the enterprise undertakes construction projects or investments abroad using Vietnamese labor, in addition to the above documents, the enterprise must submit a copy of the business registration certificate (for enterprises without a labor export activity permit) and a plan for using Vietnamese labor to implement the contract, confirmed by the business management agency.

2.2. Contract registration deadlines:

a) The contract registration dossier is submitted to the Department of Overseas Labor Management. The Department of Overseas Labor Management issues a receipt for the contract registration dossier (according to Model No. 9a attached to this Circular) when all valid documents are received.

b) Within five working days for labor supply contracts and seven working days for contracts for taking over construction projects or investment projects abroad, from the date of issuance of the receipt for the contract registration dossier, if the Department of Overseas Labor Management does not issue a different written opinion, the enterprise is automatically authorized to organize the implementation of the contract. If additional conditions are required or if the conditions are not met according to the regulations, the Department of Overseas Labor Management will notify the enterprise in writing.

3. Contract registration procedures for workers with individual contracts according to Clause 2, Article 4 and Article 20 of Decree No. 81/2003/ND-CP shall be as follows:

3.1. Contract registration dossier:

a) A registration form for going to work abroad, confirmed by the People's Committee of the commune where the worker resides or the directly managing unit (according to Model No. 8 attached to this Circular).

b) A certified copy of the contract or a document accepting employment with essential content similar to the contract, permitted by the competent authority of the destination country.

3.2. Contract registration deadlines:

The contract registration dossier is submitted to the Department of Labor, Invalids, and Social Affairs where the worker resides. If the dossier is complete and valid, the Department of Labor, Invalids, and Social Affairs will issue a receipt for the contract registration dossier (according to Model No. 9b attached to this Circular) to the worker.

Within five working days from the date of issuance of the receipt for the contract registration dossier, if the Department of Labor, Invalids, and Social Affairs does not issue a different opinion, the worker can proceed with departure formalities.

3.3. Workers currently residing abroad who are not managed by an enterprise, if they have a labor contract, must sign a contract with the Vietnamese representative office in the host country. The dossier includes: a registration form for working under the contract; a copy of the passport; and a certified copy of the labor contract. Within five working days, if the Vietnamese representative office does not issue a different opinion, the worker has the right to implement the contract.

4. Extension of employment contracts or signing new labor contracts according to Article 21 of Decree No. 81/2003/NĐ-CP is regulated as follows:

4.1. Workers sent abroad by enterprises, if their contracts are extended or new contracts are signed, shall report to the enterprise's representative in that country (if any) or to the sending enterprise for monitoring and management.

4.2. Workers working abroad as stipulated in Point 3.3 of Section III of this Circular, if their contracts are extended or new contracts are signed, shall report to the Vietnamese agency in the host country to record in the labor registration book.

IV. REGULATIONS ON SELECTION OF LABOR

1. Selection of labor according to Clause 3 and Clause 4 of Article 14 of Decree No. 81/2003/NĐ-CP is regulated as follows:

1.1. Enterprises directly select workers who meet the requirements of the user, without delegating through intermediaries or brokers; they are not allowed to charge selection fees from workers.

1.2. The selection of workers can only be conducted when the contract has been registered as prescribed in Point 2.2 of Section III of this Circular.

1.3. Enterprises present their export labor operation license, plans, and selection methods to the Department of Labor - Invalids and Social Affairs or the unit providing the labor source; cooperate with local authorities at the district and commune levels, or training institutions and other production units (for skilled workers) to select workers with good morals, organizational discipline awareness, and families complying well with state laws.

1.4. Before conducting the selection, enterprises publicly announce at their headquarters and recruitment areas the requirements regarding the number of workers needed; gender, age; job duties, workplace, and contract duration; working and living conditions; wages and remuneration; advance payments required before departure; deductions from wages during work abroad; other rights and obligations as prescribed by law.

1.5. Enterprises reserve at least 10% of the total number of workers under the signed contract to select those meeting the criteria of policy beneficiaries, veterans, volunteers, and impoverished households. Local authorities where recruitment takes place introduce to enterprises lists of such workers for selection.

1.6. At the latest five working days after the date of application, enterprises publicly announce the results of the selection.

1.7. Enterprises inform selected workers of the training period and the expected departure date. If within six months from the date of selection, enterprises fail to send workers abroad, they must clearly inform the workers and local authorities or the units providing the labor source of the reasons; if workers no longer wish to go or enterprises cannot arrange for them according to their registered preferences, enterprises must return the workers' files (passports, health certificates, etc.) and refund any payments made by the workers according to the guidelines of the Ministry of Finance - Ministry of Labor, Invalids and Social Affairs.

2. Documents of workers going to work abroad according to Clause 4 of Article 25 of Decree No. 81/2003/NĐ-CP are regulated as follows:

2.1. Voluntary application form to work abroad (with personal and family commitments).

2.2. Curriculum vitae confirmed by the People's Committee of the commune where the applicant resides or by the direct managing unit.

2.3. Ordinary passport. For fishermen, an additional seaman's book is required; for officers and sailors on merchant ships, a seafarer's passport is required.

2.4. Health certificate issued by a hospital designated by the Ministry of Health certifying the worker's fitness to work abroad.

2.5. Training and orientation certificate. For officers and sailors on merchant ships, basic training and professional certificates according to their positions are required. For experts, relevant diplomas and language certificates as specified by the relevant ministry and the receiving country are required.

2.6. List of expenses incurred by the worker prior to going abroad.

2.7. Other necessary documents as required by the foreign party.

V. TRAINING AND ORIENTATION EDUCATION

Training and orientation education according to Clause 5 of Article 14, Clause 2 of Article 18, and Clause 5 of Article 25 of Decree No. 81/2003/NĐ-CP is regulated as follows:

1. Content:

1.1. Foreign language learning: Workers must meet the foreign language requirements set by the Overseas Labor Management Agency; for experts, these requirements are set by the receiving country.

1.2. Professional knowledge and skill training for workers as necessary to meet the contract conditions.

1.3. Orientation education:

a) Contents of the contract between the enterprise and the foreign enterprise, the contract for working abroad that the enterprise will sign with the worker, and the labor contract that the employer will sign with the worker; the rights, obligations, and responsibilities of the worker in fulfilling the contract terms.

b) Basic knowledge of Vietnamese labor, criminal, civil, and immigration laws; obligations to comply with and adhere to laws and current regulations of the State regarding Vietnamese workers working abroad.

c) Customs, traditions, religion, and life in the receiving country; experience in communication and interpersonal relations with employers and other workers at the workplace.

d) Work discipline and industrial work style; safety and hygiene regulations.

2. Programs and materials:

2.1. The Overseas Labor Management Agency prescribes programs and issues orientation education materials for workers.

2.2. Programs and materials for experts according to the regulations of the relevant ministry.

2.3. Programs and materials for officers and sailors on merchant ships according to the regulations of the Ministry of Transport.

3. Examination and issuance of certificates:

The organization shall be responsible for conducting inspections to evaluate the results and issuing training-education orientation certificates to those who meet the requirements, as provided by the training institution.

4. Responsibilities of enterprises:

Enterprises have the responsibility to organize training-education orientation for workers selected at the enterprise's training-education orientation facility in accordance with the regulations of the Ministry of Labor, War Invalids and Social Affairs.

VI. LABOR MANAGEMENT

Labor management pursuant to Clause 3, 4 Article 11, Clause 6, 7, 8, 12 Article 14, Clause 9 Article 18, Clause 4 Article 27 of Decree No. 81/2003/NĐ-CP is regulated as follows:

1. Management within the country:

1.1. Signing contracts to work abroad and managing files:

a) Enterprises shall sign contracts for workers to work abroad (in accordance with Form No. 10 attached hereto) at least seven days before their departure and shall be responsible for managing the workers' files.

b) Provincial Departments of Labor, War Invalids and Social Affairs shall manage the files of workers going to work abroad under individual contracts.

1.2. Social Insurance:

a) For workers:

- Workers who have not participated in mandatory social insurance in the country or have already participated in social insurance but have received a one-time social insurance benefit shall participate in voluntary social insurance in accordance with the Government's regulations.

- Workers currently participating in mandatory social insurance in the country but have not yet received a one-time social insurance benefit shall proceed as follows:

If workers wish to continue participating in social insurance, they shall pay through the enterprise sending them, for workers going abroad under individual contracts, they shall pay at the place where they previously participated in social insurance; if they do not wish to continue participating in social insurance, they may receive a one-time social insurance benefit or retain the time already paid for social insurance according to the laws on social insurance.

b) For enterprises sending workers to work abroad:

Enterprises shall be responsible for collecting social insurance contributions from workers (for those continuing to participate in social insurance), submitting to the social insurance agency where the enterprise is headquartered, and requesting the social insurance agency to confirm in the workers' social insurance books.

1.3. Contract termination:

a) Enterprises shall be responsible for terminating contracts with workers. The content of contract termination includes: preparing a contract termination record specifying the reasons for returning home, payments between the enterprise and the worker; implementing policies and regulations stipulated by the State and other agreed contents; returning the social insurance book (if applicable); processing procedures for workers to return to their previous units or places of residence before departure.

The refund of deposit upon contract termination shall be carried out in accordance with the guidelines of the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs.

b) Workers going abroad under individual contracts shall report to the Provincial Department of Labor, War Invalids and Social Affairs where the contract was registered and the People's Committee of the commune where they resided before departure when returning to the country.

2. Management outside the country:

Enterprises shall be responsible for:

2.1. Compiling a list of workers (in accordance with Form No. 11 attached hereto) and sending it to the Vietnamese representative office in the host country and the Overseas Labor Administration within five working days after each dispatch of workers.

2.2. Managing and protecting the legitimate rights and interests of workers during their employment period abroad. Matters exceeding the authority of the enterprise shall be reported in writing to the enterprise management agency; simultaneously sent to the Vietnamese representative office in the host country and the Overseas Labor Administration.

2.3. Appointing managers with good moral character, professional qualifications, and language skills, and notifying the address of the representative office (if any); the name, address, and phone number of the manager to the Vietnamese representative office in the host country and the Overseas Labor Administration.

2.4. In cases where the enterprise does not meet the conditions to renew its permit or has been suspended from labor export activities, the enterprise shall be responsible for continuing to manage the workers dispatched until the contracts with the workers are terminated.

2.5. In cases where the enterprise is under consideration for dissolution or bankruptcy, the enterprise shall hand over relevant files and documents concerning workers working abroad to the enterprise management agency for handling issues related to workers in accordance with Decree No. 81/2003/NĐ-CP and accompanying guiding documents. For workers who have been selected and completed the necessary procedures, the enterprise shall proactively negotiate to transfer the contract to another labor exporting enterprise to implement or report to the enterprise management agency for decision-making.

3. Reporting System:

3.1. Enterprises shall prepare reports on workers going to work abroad (in accordance with Form No. 12a attached hereto) and submit them to the Overseas Labor Administration before the 20th of each month; prepare semi-annual and annual reports (in accordance with Form No. 12b attached hereto) and submit them to the Overseas Labor Administration, the enterprise management agency, and the Provincial Department of Labor, War Invalids and Social Affairs where the enterprise and the direct labor exporting unit are located before June 20 and December 20 each year.

3.2. The enterprise management agency shall compile and report on the workers from enterprises under its jurisdiction going to work abroad semi-annually and annually (in accordance with Form No. 12c attached hereto) to the Ministry of Labor, War Invalids and Social Affairs before June 25 and December 25 each year for reporting to the Government.

3.3. Provincial People's Committees shall compile and report on workers from their locality going to work abroad (number of workers managed by local enterprises and number of workers from other enterprises) semi-annually and annually (in accordance with Form No. 12d attached hereto) to the Ministry of Labor, War Invalids and Social Affairs before June 25 and December 25 each year.

3.4. In cases where workers breach contracts, go on strike, suffer accidents, die, or disappear, enterprises shall promptly report to the enterprise management agency, the Vietnamese representative office in the host country, and the Overseas Labor Administration.

VII. REWARD AND VIOLATION HANDLING

1. Reward according to Article 34 of Decree No. 81/2003/NĐ-CP is stipulated as follows:

Collectives and individuals of Vietnamese nationality, organizations and individuals of foreign nationality who have outstanding achievements in labor export and expert activities, if proposed by competent authorities of Vietnam, shall be considered for rewards in accordance with the reward regulations on labor export and experts.

2. Violation handling according to Article 35 of Decree No. 81/2003/NĐ-CP is stipulated as follows:

2.1. For enterprises:

Enterprises violating Decree No. 81/2003/NĐ-CP shall be subject to administrative penalties under the decree on administrative penalties for violations of labor laws. In cases where damage is caused to workers, they must compensate according to the law. Additionally, depending on the nature and severity of the violation, one of the following supplementary penalty measures may be applied:

a) The supplementary penalty measures include:

- Temporary suspension of contract implementation;

- Suspension of labor export activities for a limited period.

a.1. Temporary suspension of contract implementation:

An enterprise shall be temporarily suspended from implementing contracts in any of the following cases:

- Violating the recruitment of workers as prescribed in Points 1.1, 1.2, 1.3 and 1.4 of Section IV of this Circular;

- Not organizing orientation training for workers before sending them abroad to work;

- Charging service fees for labor export and managing workers' deposits in violation of regulations;

- Not signing contracts for working abroad with workers;

- Not promptly resolving disputes arising between overseas employers and groups of workers regarding employment, wages, income, deductions, living conditions.

a.2. Limited-term suspension of labor export activities:

An enterprise shall be suspended from labor export activities for a period of one month to six months in any of the following cases:

- Having been previously penalized with temporary suspension of contract implementation but committing the same offense again or similar offenses during the execution of other contracts;

- Not registering contracts as required by Clause 1 of Article 4 of Decree No. 81/2003/NĐ-CP but sending workers abroad to work;

- Not reporting prior to signing contracts for specific trades and certain fields as prescribed in Point 1.2 of Section III of this Circular but organizing worker recruitment;

- Neglecting responsibility in resolving disputes causing harm to the legitimate rights and interests of workers;

- Exploiting the name of labor export activities to recruit and train workers for improper gain.

b) Authority to handle violations:

b.1. The Director of the Department of Overseas Labor Management has the authority to temporarily suspend contract implementation; suspend labor export activities of enterprises for a period of one month to six months.

b.2. The Minister of Labor, Invalids and Social Affairs decides to suspend or revoke the business license for labor export activities according to Clause 1 of Article 11 of Decree No. 81/2003/NĐ-CP.

2.2. For workers:

Workers who violate the terms of their signed contracts with Vietnamese enterprises, contracts signed with overseas employers, or violate Vietnamese laws, laws of the host country, or unilaterally terminate their contracts shall be subject to various forms of punishment according to Clause 3 and Clause 4 of Article 35 of Decree No. 81/2003/NĐ-CP, depending on the nature and severity of the violation.

VIII. IMPLEMENTATION

1. Ministries, ministerial-level agencies, government-affiliated agencies, central agencies of organizations mentioned in Clause 3 of Article 8 of Decree No. 81/2003/NĐ-CP, People's Committees of provinces and centrally-administered cities, Boards of Directors of state-owned corporations operating under the model prescribed in Decision No. 91/TTg dated March 7, 1994 of the Prime Minister are responsible for disseminating and promoting laws on labor export, directing the development of the labor market, formulating annual and five-year plans for labor export; managing, directing, and annually evaluating the labor export activities of enterprises within their jurisdiction; coordinating with relevant ministries and agencies to promptly resolve issues related to labor export activities within their scope of responsibility.

2. The Department of Overseas Labor Management, the Inspectorate under the Ministry of Labor, Invalids and Social Affairs, and the enterprise management agency prescribed in Article 27 of Decree No. 81/2003/NĐ-CP organize inspections and audits of labor export activities, promptly identify and handle violations according to the law.

3. Departments of Labor, Invalids and Social Affairs assist provincial and municipal people's committees in implementing state management over labor export activities at the local level, guiding enterprises in recruiting workers for overseas employment in accordance with assigned areas; inspecting and auditing recruitment, orientation training for workers; promptly identifying and handling violations of the law by organizations and individuals in labor export activities.

4. This Circular takes effect fifteen days after its publication in the Official Gazette, replacing Circular No. 28/1999/TT-BLĐTBXH dated November 15, 1999.

5. During implementation, any difficulties should be reported to the Ministry of Labor, Invalids and Social Affairs for research and resolution./.