Circular No. 22/2013/TT-BLDTBXH stipulates the model and content of Labour Supply Contracts and Overseas Employment Contracts for Workers.

CIRCULAR

Regulations on the model and contents of labour supply contracts and overseas employment contracts

and overseas employment contracts

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Pursuant to Clause 3, Article 17 of the Law on Overseas Employment of Vietnamese Workers dated November 29, 2006;

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, and regulations of the Director of the Department of Overseas Labour Management;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."ealth session numberArticle shall stipulate the functions, tasks, regulations of the Director of the Overseas Labor Management Department;onGeneral Department of Political Affairs; organization of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on |||

The Minister of Labour, Invalids and Social Affairs issues this Circular prescribing the model and contents of labour supply contracts and overseas employment contractsFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSThis Circular prescribes the model and contents of labour supply contracts and overseas employment contracts in the activities of sending Vietnamese workers to work abroad.,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to the following entities:

Article 2. Applicability

1. Enterprises engaged in services for sending workers to work abroad;

2. State-run organizations sending workers to work abroad;

3. Enterprises that have won or accepted subcontracts for sending workers to work abroad;

4. Organizations and individuals investing abroad who send workers to work abroad;

5. Workers going to work abroad under the forms specified in Clause 1 and 2, Article 6 of the Law on Overseas Employment of Vietnamese Workers (hereinafter referred to as workers);

6. Other organizations and individuals related to the sending of Vietnamese workers to work abroad under contracts.

Article 3. Principles of Contract Formation and Form

Contracts shall be concluded based on the principles of voluntariness, equality, good faith, cooperation, honesty, and compliance with laws and social morals. Labour supply contracts and overseas employment contracts must be concluded in writing.

The contract for sending workers to work abroad must be concluded in writing.

Chapter II

LABOUR SUPPLY CONTRACT

Article 4. Definitions

A labour supply contract is a written agreement between a Vietnamese enterprise or state-run organization and a foreign party regarding the conditions and obligations of both parties in supplying and receiving Vietnamese workers to work abroad.

Article 5. Content

A labour supply contract must comply with Vietnamese law, the law of the receiving country, and include the following main contents:

1. Information about the parties entering into the contract

Information about the parties entering into the contract includes: Full name, trading name of the parties; representatives of the parties; registered business address or transaction address; business registration certificate number, business code, date of issuance (if applicable), tax code, bank account number; telephone, fax, email; other relevant information.

2. Contents regarding the conditions for supplying and receiving workers: number of workers to be supplied/received; industry, profession, job; place of work; duration of work; working conditions and environment; working hours, rest periods; safety and occupational health; wages, allowances, bonuses (if any); overtime pay; living and accommodation conditions; medical examination and treatment benefits; insurance benefits; responsibility for paying transportation costs from Vietnam to the workplace and vice versa; conditions for terminating the labour contract before the expiry date, liability for compensation and costs of returning workers to Vietnam, and other related conditions.

If the labour supply contract is only a main contract, the contents prescribed in this clause must be specifically reflected in the appendices of the contract.

3. Rights and Obligations of the Contracting Parties

The contract must clearly specify the rights and obligations of the contracting parties in organizing the selection, training of workers before departure, handling procedures for sending and receiving Vietnamese workers to work abroad, and resolving disputes when workers are working abroad.

4. Brokerage Fee (if any)

The contract must clearly specify the amount of brokerage fee, the responsibility for paying the brokerage fee (if any), the currency used for payment of the brokerage fee, and the payment schedule for the brokerage fee (progress, timing, method of payment).

5. Dispute Resolution

Disputes between Vietnamese enterprises or state-run organizations and foreign parties shall be resolved based on the agreed terms.

Disputes not resolved through the contract shall be settled according to the provisions of Vietnamese law, the law of the receiving country, or international treaties to which Vietnam is a member.

6. Duration of the Contract and Extension of the Contract

The contract must clearly specify the duration of the contract and the conditions for extending the contract.

7. Termination of the Labour Supply Contract Before Expiry Date

In the contract, the parties must agree and specify in detail on: Circumstances for terminating the contract before expiry; Procedures for terminating the contract by the parties; Responsibilities of the parties after termination of the contract; Rights of workers who have been sent to work abroad.

Article 6. Model Labour Supply Contract

The model Labour Supply Contract is specified in Appendix No. 01 issued together with this Circular.

In cases where the receiving country has different provisions for the model Labour Supply Contract compared to those stipulated in Appendix 01, both parties may agree on a different contract but must ensure that it contains all the contents as prescribed in Article 5 of this Circular.

Chapter III

LABOUR CONTRACT FOR WORKING ABROAD

Article 7. Definitions

A labour dispatch contract abroad is a written agreement between a business or public institution and a worker regarding the rights and obligations of each party in dispatching workers to work abroad.

Article 8. Contents

1. Information about the parties entering into the contract

Information about the business or public institution includes: Full name, trading name; Representative; Business registration address and transaction address; Business registration certificate number, enterprise code, date of issuance, tax code (if applicable), bank account number; Telephone, fax, email; other related information.

Information about the worker includes: Full name; date of birth; permanent residence; contact address; telephone number; national identity card number; passport number and address for notification when necessary.

2. In the Labour Dispatch Contract for Working Abroad, the following must be clearly specified:

- Name of the employer company and place of work;

- Industry and job that the worker will undertake abroad;

- Working conditions, living conditions, and treatment for the worker:

+ Duration of the contract;

+ Working hours and rest periods;

+ Salary, other benefits, and bonuses (if any);

+ Method of salary payment;

+ Overtime pay;

+ Safety, hygiene, and labor protection;

+ Living and accommodation conditions;

+ Medical examination and treatment benefits;

+ Insurance benefits;

+ Specific regulations on the responsibility for arranging transportation means and paying travel expenses from Vietnam to the point of entry in the receiving country, from the point of entry in the receiving country to the workplace, and vice versa;

+ Detailed regulations on situations where the worker returns home before the contract term and the responsibilities of each party in paying travel expenses for the worker's return home;

+ Costs for the worker: brokerage fees (if any); service fees (if any); deposit fees (if any);

+ Specific regulations on the amount, currency, payment schedule (progress, timing, method) for brokerage fees, service fees, deposit fees (if any).

3. Rights and Obligations of the Business or Public Institution

The contract must clearly specify the rights and obligations of the business or public institution in organizing the selection, training of workers before departure, handling procedures for sending workers to work abroad, supporting workers during their time working abroad, dealing with risks arising during the period of working abroad, and terminating the contract.

4. Rights and Obligations of the Worker

The contract must clearly specify the rights and obligations of the worker during the training and departure procedures, while working abroad, upon completion of the contract, and returning home.

5. Termination of the Contract

Both parties are responsible for clearly specifying: Circumstances leading to termination of the contract; Procedures for contract termination by each party; Responsibilities of each party after contract termination.

6. Dispute Resolution

Disputes among the parties involved in the contract shall be resolved based on the validly signed contract; disputes not resolved within the contract shall be resolved based on relevant laws.

Article 9. Model Employment Contract for Sending Workers to Work Abroad

The model Employment Contract for Sending Workers to Work Abroad is specified in Appendix No. 02 attached hereto.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Transitional Provisions

For employment supply contracts that are effective before the date this Circular takes effect, enterprises and public institutions shall be responsible for negotiating and signing with partners according to the model Employment Supply Contract issued together with this Circular within ninety days from the date this Circular takes effect.

For employment contracts for sending workers to work abroad that are effective before the date this Circular takes effect, enterprises and public institutions may continue to implement the contracts signed with workers until the contracts are terminated.

Article 11. Effective Date

1. This Circular takes effect from December 1, 2013,

2. During implementation, if there are any difficulties, they should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for research and timely supplementary guidance./.