Decree No. 38/2020/NĐ-CP detailing the implementation of certain provisions of the Law on Vietnamese Workers Going to Work Abroad under Contracts

DECREE

Detailed Implementation of Certain Provisions of the Law on Vietnamese Workers Going to Work Abroad under Contracts

Detailed Implementation of Certain Provisions of the Law on Vietnamese Workers Going to Work Abroad under Contracts

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Vietnamese Workers Going to Work Abroad under Contracts dated November 29, 2006;

Based on the Enterprise Law dated November 26, 2014;

Pursuant to the Investment Law dated November 26, 2014 and the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Industries and Trades Subject to Conditions of the Investment Law dated November 22, 2016;

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

The Government issues this Decree detailing the implementation of certain provisions of the Law on Vietnamese Workers Going to Work Abroad under Contracts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates areas and jobs that workers are not allowed to work abroad; permits, conditions, and procedures for issuing and renewing service permits for sending workers to work abroad; deposit money of enterprises operating services for sending workers to work abroad; deposit money, management, and utilization of deposit money of enterprises implementing contracts to accept trainees; conditions for sending workers to work in the territory of Taiwan (China), to skill training in Japan, and to work as domestic helpers in receiving countries in the Middle East region; responsibilities of related agencies.

Article 2. Applicability

1. Enterprises and public institutions sending Vietnamese workers to work abroad under contracts.

2. Workers going to work abroad under forms prescribed in Article 6 of the Law on Vietnamese Workers Going to Work Abroad under Contracts.

3. Agencies, organizations, and individuals related to the activity of sending Vietnamese workers to work abroad under contracts.

Article 3. Areas and Jobs That Workers Are Not Allowed to Work Abroad

1. Areas currently engaged in warfare or at risk of warfare, areas contaminated with radiation, areas contaminated with toxins, areas experiencing particularly dangerous epidemics.

2. The list of jobs that workers are not allowed to work abroad according to Appendix I attached to this Decree.

Chapter II

PERMIT, CONDITIONS AND APPLICATIONS FOR ISSUING AND RENEWING

SERVICE PERMIT FOR SENDING WORKERS TO WORK ABROAD

SERVICE PERMIT FOR SENDING WORKERS TO WORK ABROAD

Section 1

SERVICE PERMIT FOR SENDING

WORKERS TO WORK ABROAD

Article 4. Service Permit for Sending Workers to Work Abroad

1. The service permit for sending workers to work abroad is issued by the Ministry of Labor, Invalids and Social Affairs.

2. The service permit for sending workers to work abroad is printed on hard paper with size A4 (21 cm x 29.7 cm), with blue floral patterns, and has the national emblem embossed, framed in black.

3. The content of the service permit for sending workers to work abroad is in accordance with Model No. 01 in Appendix II attached to this Decree.

Article 5. Fee for Issuing the Service Permit

1. Enterprises pay the fee for issuing the service permit upon receipt of the permit.

2. The collection, management, and use of the fee for issuing the service permit shall be carried out in accordance with the laws on fees and charges.

Section 2

CONDITIONS FOR ISSUING THE SERVICE PERMIT FOR SENDING

WORKERS TO WORK ABROAD

Article 6. Conditions regarding business form and statutory capital

A service enterprise for sending workers to work abroad (hereinafter referred to as the service enterprise) shall be a limited liability company, joint-stock company, or partnership established and operating under the Enterprise Law, meeting the following conditions regarding capital:

1. The statutory capital shall not be less than five billion Vietnamese dong (VND 5,000,000,000).

2. It shall have owners, all members, and shareholders who are domestic investors as prescribed by the Investment Law.

Article 7. Project on activities for sending workers to work abroad

The content of the project on activities for sending workers to work abroad must comply with the provisions of Vietnamese law and the receiving country's laws, and shall be implemented according to Model Form 02 of Appendix II issued together with this Decree.

Article 8. Specialized machinery for training necessary knowledge for workers before going to work abroad and activities for sending workers to work abroad

1. The specialized machinery for training necessary knowledge for workers before going to work abroad and activities for sending workers to work abroad of the service enterprise (hereinafter referred to as the machinery) includes:

a) A center for training necessary knowledge for workers before going to work abroad, including a training department and a student management department;

b) Various business departments implementing activities for sending workers to work abroad, with the tasks of exploiting foreign markets, selecting workers, managing workers working abroad, supporting workers returning home, and finance;

c) The training center and business departments must ensure the number of business staff to carry out the service of sending workers to work abroad.

2. Material facilities for organizing training of necessary knowledge for workers must be owned by the service enterprise or leased stably by the service enterprise according to contracts in compliance with the law and must meet the minimum conditions as follows:

a) Having sufficient classrooms and dormitories for 100 workers at one time;

b) Classroom area averaging 1.4 square meters per student and dormitory area averaging 3.5 square meters per student, equipped with basic facilities to ensure learning and residential life.

3. A service enterprise that first obtains a permit to operate activities for sending workers to work abroad must implement the plan to organize the specialized machinery for training necessary knowledge and activities for sending workers to work abroad within 90 days from the date of obtaining the permit.

Article 9. Business staff and leaders managing operations

1. The business staff specified in point c, Clause 1, Article 8 of this Decree must meet the following conditions:

a) Signing a fixed-term or indefinite-term labor contract with the service enterprise;

b) Not during the period of being pursued for criminal responsibility, serving a criminal court sentence, or during the period prohibited from holding positions, practicing professions, or performing jobs;

c) Having a professional qualification of college level or higher;

d) Business staff involved in market exploitation outside the country, worker selection, management of workers working abroad, and training of necessary knowledge must have graduated in one of the majors of law, economics/business administration, foreign languages, and have at least one year of work experience in the field of sending workers to work abroad.

2. The leader managing operations for sending workers to work abroad is the legal representative of the enterprise, meeting the conditions stipulated in Clause 3, Article 9 of the Ordinance on Vietnamese Workers Going to Work Abroad Under Contracts and point b, Clause 1 of this Article.

Article 10. Deposit of the service enterprise

The enterprise shall deposit VND 1,000,000,000 (one billion Vietnamese dong) at a commercial bank permitted to operate in Vietnam. The deposit of the service enterprise shall be used in accordance with the provisions of Clause 1 and Clause 2, Article 22 of the Law on Vietnamese Workers Going Abroad under Contracts.

Section 3

 APPLICATION FOR AND RENEWAL OF SERVICE LICENSE

TO SEND WORKERS ABROAD

Article 11. Application Documents

The application documents include the enterprise's request letter (in Form No. 03 of Appendix II issued together with this Decree) and the following documents:

1. One copy of the latest Certificate of Enterprise Registration.

2. Documents proving the capital conditions as stipulated in Article 13 of this Decree.

3. One original Deposit Confirmation Certificate.

4. One original Project for Sending Workers Abroad.

5. One copy of the Certificate of Ownership or Lease Contract for facilities used to organize necessary training for workers.

6. Documents proving the leadership and staff conditions as stipulated in Article 14 of this Decree.

7. One copy of the Company Charter.

Article 12. Renewal Application Documents

The renewal application documents include the enterprise's request letter (in Form No. 04 of Appendix II issued together with this Decree) and the following documents:

1. One original Service License already issued.

2. One copy of the latest Certificate of Enterprise Registration.

3. One copy of documents proving compliance with the conditions stipulated in Clause 2, Article 8 and Article 9 of the Law, in case of changes, including:

a) In case of capital change: Documents proving the capital conditions as stipulated in Article 13 of this Decree;

b) In case of leadership change: Documents proving the leadership conditions as stipulated in Article 14 of this Decree;

c) In case of organizational structure change: Report on the organization of necessary knowledge training and sending workers abroad activities; Certificate of Ownership or Lease Contract for facilities (if the location of the necessary knowledge training center has changed);

d) In case of business staff change: List of business staff in the changed organizational structure; documents proving that new staff meet the conditions as stipulated in Article 14 of this Decree.

4. One original Confirmation of Contribution to the Overseas Employment Support Fund up to the end of the previous quarter.

Article 13. Documents Proving Capital Conditions

1. For enterprises that have been granted a Certificate of Enterprise Registration for one year or more; audited financial statements of the previous year and audited financial statements from the beginning of the year to the end of the previous quarter at the time of application for the license according to Vietnamese auditing standards issued by the Ministry of Finance.

2. For enterprises that have been granted a Certificate of Enterprise Registration for less than one year since the first registration for business; audited owner's equity report before submitting the application not exceeding one month or establishment contribution documents including:

a) Copies of the following documents: Shareholders' contribution minutes, shareholder register, share ownership certificate for joint-stock companies; contribution minutes of members, member register, capital contribution certificate for limited liability companies with two or more members; capital transfer decision of the owner for a single-member limited liability company where the owner is an organization; contribution minutes of general partners and limited partners for a partnership;

b) Bank deposit slip into the company's account opened at a commercial bank - for founding shareholders/members/owners/partners who are individuals; check or payment order - money transfer or other non-cash payment methods in accordance with current regulations - for founding shareholders/members/owners/partners who are enterprises;

c) Confirmation from a commercial bank permitted to operate in Vietnam regarding the account balance at the time the enterprise submits the application for the license (in case of monetary contribution) or certification from an appraisal organization in Vietnam regarding the valuation result of contributed assets still valid for at least 30 days from the date of submission of the application for the service license to send workers abroad accompanied by documents proving the transfer of ownership of contributed assets in accordance with the Enterprise Law (in case of asset contribution).

Article 14. Documents Proving Conditions for Leaders and Managers and Professional Staff

The documents proving conditions for leaders and managers and professional staff include the following papers:

1. One copy of the relevant academic degree certificate.

2. One original Criminal Record Certificate as prescribed by law.

3. One copy of the Labor Contract (if applicable).

4. One copy of the document demonstrating previous work experience for leaders and managers and professional staff as stipulated in Point d Clause 1 Article 9 of this Decree (appointment decision or labor contract or experience confirmation letter).

Chapter III

 DEPOSIT FOR IMPLEMENTATION OF CONTRACT TO RECEIVE

 WORKERS FOR ON-THE-JOB TRAINING

Article 15. Deposit for Implementation of Contract to Receive Workers for On-the-Job Training

1. The deposit of the enterprise sending workers abroad for on-the-job training to enhance skills shall be used by the competent state agency to address issues arising when the enterprise fails to fulfill or fully fulfill its obligations under the contract to send workers abroad for on-the-job training to enhance skills.

2. The enterprise sending workers abroad for on-the-job training to enhance skills shall make the deposit into a bank account at a commercial bank.

3. The commercial bank and the enterprise shall enter into a deposit agreement in accordance with the provisions of this Decree and related laws. The bank receiving the deposit shall confirm the enterprise's deposit at the bank according to Form No. 05 attached as Appendix II to this Decree.

Article 16. Amount of Deposit for Implementation of Contract to Receive Workers for On-the-Job Training

The amount of deposit of the enterprise sending workers abroad for on-the-job training to enhance skills shall be equal to 10% of the one-way economy class airfare at the time the enterprise makes the deposit from the country where the workers will work back to Vietnam, calculated based on the number of workers going abroad under the contract to receive workers for on-the-job training to enhance skills that has been registered.

Article 17. Use and Settlement of Deposit Account for Implementation of Contract to Receive Workers for On-the-Job Training

1. The Chairman of the People's Committee of the province has the right to use the deposit as prescribed in Clause 1 Article 15 of this Decree; to confirm for the bank to refund the deposit and settle the account for the enterprise sending workers abroad for on-the-job training to enhance skills under the contract to send workers abroad for on-the-job training to enhance skills with a duration of less than 90 days.

2. The Minister of Labor, Invalids, and Social Affairs has the right to use the deposit as prescribed in Clause 1 Article 15 of this Decree; to confirm for the bank to refund the deposit and settle the account for the enterprise sending workers abroad for on-the-job training to enhance skills under the contract to send workers abroad for on-the-job training to enhance skills with a duration of 90 days or more.

3. The Chairman of the People's Committee of the province and the Minister of Labor, Invalids, and Social Affairs shall issue a written request to the bank to withdraw the deposit or deduct from the deposit account of the enterprise for the purposes specified in Clause 1 Article 15 of this Decree.

Within thirty days from the date of withdrawing the deposit or deducting from the deposit account of the enterprise, the enterprise must replenish the deposit to the required level. If the enterprise fails to do so, the bank shall have the responsibility to send a written notice to the Ministry of Labor, Invalids, and Social Affairs or the People's Committee of the province to take appropriate measures in accordance with the law.

Chapter IV

 CONDITIONS FOR OPERATING SERVICES TO SEND WORKERS

 TO WORK IN TAIWAN'S TERRITORY

Article 18. Conditions for Introducing Enterprises Providing Services to Send Workers to Work in Taiwan

An enterprise providing services that has not been administratively penalized in the field of sending workers to work abroad within two years from the date of submitting the application for introduction to the Taiwanese side (China) may be considered for introduction to the competent authority of Taiwan (China) to send workers to work in Taiwan if it meets the following conditions:

1. Having specialized staff responsible for the Taiwan market with at least one year of experience in sending workers to work in the Taiwan territory, who are trained in necessary knowledge.

2. Overseas market development staff and overseas labor management staff must have a minimum level of HSK5 or TOCFL4 or equivalent Chinese language certificate.

Article 19. Documents and Procedures for Introducing Enterprises Sending Workers to Work in Taiwan

1. The application for introduction includes:

a) A request document according to Model No. 06 of Appendix II issued together with this Decree;

b) Documents proving compliance with the provisions of Clause 1 and 2 of Article 18 of this Decree (if different from the enterprise's documents at the Ministry of Labor - Invalids and Social Affairs).

2. Introduction procedures:

a) The service enterprise submits one set of documents directly or through postal service to the Ministry of Labor - Invalids and Social Affairs;

b) Within ten working days from the date of receiving complete and valid documents, the Ministry of Labor - Invalids and Social Affairs issues an Introduction Letter for the service enterprise to the competent authority of Taiwan (China). In case of non-issuance of the Introduction Letter, the Ministry of Labor - Invalids and Social Affairs will respond in writing stating the reasons.

Article 20. Necessary Knowledge Training, Training, and Management of Workers Before Going to Work in Taiwan

1. The service enterprise must organize training in necessary knowledge (at least 74 sessions), skill enhancement, and teaching Chinese to workers before they go to work in Taiwan (China) as required by the receiving party.

2. The service enterprise must organize training in necessary knowledge (at least 134 sessions), training on skills for home-based patient care (at least 120 sessions), and teaching Chinese (at least 267 sessions) for workers going to work in home-based patient care for the first time.

3. The service enterprise sends one original copy of the list of workers expected to depart (including full name, date of birth, place of origin, passport number, contact phone number, receiving party) directly or through postal service to the Ministry of Labor - Invalids and Social Affairs for confirmation at least five working days before the enterprise submits the application for visa issuance for the workers.

Chapter V

CONDITIONS FOR ACTIVITIES OF SERVICES SENDING WORKERS

TO JAPAN FOR SKILL TRAINING

Article 21. Conditions for Introducing Enterprises Providing Services to Send Workers for Skill Training in Japan

An enterprise providing services that has not been administratively penalized in the field of sending workers to work abroad within two years from the date of submitting the application for introduction to the Japanese side may be considered for introduction to send workers for skill training in Japan if it meets the following conditions:

1. Having facilities for necessary knowledge training and Japanese language training meeting the requirements stipulated in point b, Clause 2, Article 8 of this Decree.

2. Having specialized staff responsible for the Japanese market with at least one year of experience in sending workers for skill training in Japan; overseas market development staff and overseas labor management staff must have a Japanese language certificate of level N2 (JLPT standard) or higher.

3. Meeting the standards for enterprises sending workers for skill training in Japan as agreed between the Ministry of Labor - Invalids and Social Affairs and the competent authority of Japan.

Article 22. Documents and Procedures for Introducing Service Enterprises to Send Workers for Skill Training in Japan

1. The application documents include:

a) A request letter according to Model No. 07 in Appendix II issued together with this Decree;

b) Documents proving compliance with the provisions of Clauses 1, 2, and 3 of Article 21 of this Decree (if different from the enterprise's documents at the Ministry of Labor - Invalids and Social Affairs).

2. Introduction procedures:

a) The service enterprise submits one set of application documents directly or through postal services to the Ministry of Labor - Invalids and Social Affairs;

b) Within ten working days from the date of receiving complete and valid documents, the Ministry of Labor - Invalids and Social Affairs will list the name of the service enterprise in the list of enterprises to be introduced to the competent authority in Japan, and issue a guidance document for the service enterprise to follow. In case of non-introduction, the Ministry of Labor - Invalids and Social Affairs will respond in writing stating the reasons.

Article 23. Principles of Cooperation between Vietnamese Service Enterprises and Japanese Management Organizations

The Ministry of Labor - Invalids and Social Affairs will coordinate with the competent authority in Japan on the principles of cooperation between Vietnamese service enterprises and Japanese management organizations, and notify these principles to the service enterprises for implementation.

Article 24. Management of Workers Going for Skill Training in Japan

When the number of workers sent by the enterprise for skill training in Japan reaches 200 or more, the enterprise must assign a labor management staff member to stay permanently in Japan and provide information about the address and contact phone number of this staff member to the Ministry of Labor - Invalids and Social Affairs and the Vietnamese Representative Office in Japan.

Chapter VI

 CONDITIONS FOR ACTIVITY OF SENDING WORKERS TO PERFORM DOMESTIC WORK IN RECEIVING COUNTRIES IN THE MIDDLE EAST

 IN THE MIDDLE EAST REGION

 

Article 25. Conditions for Service Enterprises Sending Workers to Perform Domestic Work in Receiving Countries in the Middle East Region

A service enterprise shall not be subject to administrative penalties in the field of sending workers to work abroad within two years counted from the date of submitting the first application to send workers to perform domestic work in receiving countries in the Middle East region if it meets the following conditions:

1. Having a practical skills room equipped with necessary tools and equipment suitable for performing domestic work tasks in accordance with the culture and customs of receiving countries in the Middle East region.

2. Having at least one staff member with at least one year of experience in sending workers to work in receiving countries in the Middle East region.

3. Having at least one labor management staff member stationed in each receiving country in the Middle East region. This staff member must have at least one year of overseas labor management experience, fluent in Arabic or English at level B1 (Common European Framework of Reference for Languages - CEFR) or higher.

Article 26. Documents and Procedures for Registering Participation in Sending Workers to Perform Domestic Work in Receiving Countries in the Middle East Region

1. The registration documents include:

a) A request letter according to Model No. 08 in Appendix II issued together with this Decree;

b) Documents proving compliance with the provisions of Article 25 of this Decree (if different from the enterprise's documents at the Ministry of Labor - Invalids and Social Affairs).

2. Registration procedures:

a) The enterprise submits one set of documents directly or through postal services to the Ministry of Labor - Invalids and Social Affairs;

b) Within ten working days from the date of receiving complete and valid documents, the Ministry of Labor - Invalids and Social Affairs will issue a document approving the enterprise to send workers to perform domestic work in receiving countries in the Middle East region. In case of non-approval, the Ministry of Labor - Invalids and Social Affairs will respond in writing stating the reasons.

Article 27. Training and management of workers going to work as domestic helpers in the Middle East receiving countries

1. Enterprises must organize necessary knowledge training (at least 74 sessions), domestic helper skills training (at least 145 sessions), and teach Arabic or English (at least 145 sessions) for workers. The total training time must be at least 45 days.

2. Within the latest five working days from the start of organizing training, enterprises must send one original copy of the list of workers participating in the training course (including full name, date of birth, passport number/passport identification number or citizen identification number) directly or through postal service and email to the Ministry of Labor, Invalids and Social Affairs, updating the list if there are any changes.

3. Enterprises may only submit application files for visa issuance for workers after the workers have completed the training course as stipulated in Clause 1 of this Article. When submitting the visa application file, enterprises must also send one original copy of the worker list (including full name, date of birth, passport number) directly or through postal service and email to the Ministry of Labor, Invalids and Social Affairs.

4. Enterprises must assign staff to manage laborers permanently stationed in the receiving country as specified in Clause 3 of Article 25 of this Decree before sending workers abroad and provide information about the address and contact phone number of such staff to the Ministry of Labor, Invalids and Social Affairs and the representative office of Vietnam in the Middle East receiving countries.

Chapter VII

IMPLEMENTATION

Article 28. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. It is the lead agency assisting the Government in uniformly managing state affairs regarding workers going to work abroad under contracts.

2. Coordinate with relevant agencies to build normative legal documents, policies, mechanisms concerning workers going to work abroad, submit them to competent authorities for promulgation or promulgate them within their authority; direct the dissemination and popularization of the contents of the Law on Vietnamese Workers Going to Work Abroad Under Contracts and related guiding documents.

3. Coordinate with relevant agencies to research and develop overseas labor markets.

4. Negotiate and propose competent authorities to sign international labor treaties according to laws on signing, joining, and implementing international treaties; sign international labor agreements according to laws on signing and implementing international agreements.

5. Develop and guide the implementation of plans for training labor sources going to work abroad; specify the content, programs, and certificates for necessary knowledge training for workers before going to work abroad; organize training for business personnel responsible for sending workers abroad and personnel managing laborers permanently stationed abroad.

6. Decide on issuing, changing, and revoking Business Operation Licenses for services of sending workers to work abroad according to the law.

7. Maintain and regularly update on the electronic information website (www.molisa.gov.vn, www.dolab.gov.vn) detailed contents of labor supply contracts, contracts for sending workers to work in suitable markets according to the relevant policies and laws on foreign labor of receiving countries and international treaties and agreements that Vietnam has signed.

8. Organize and guide the registration of contracts by businesses and workers going to work abroad under individual contracts; supervise the implementation of contracts by businesses.

9. Resolve complaints and denunciations related to the activities of sending workers to work abroad according to the law; inspect, examine, and handle administrative violations by organizations and individuals involved in sending workers to work abroad.

10. Organize and implement specialized inspections of activities of sending workers to work abroad and post-inspections of businesses operating services of sending workers to work abroad.

11. Coordinate with the Ministry of Foreign Affairs to organize and direct the management and handling of issues related to Vietnamese workers working abroad; coordinate with the Ministry of Foreign Affairs, the Ministry of Home Affairs to establish Labor Management Boards under representative offices of Vietnam in countries and regions with many Vietnamese workers.

12. Specify and guide the regular annual and extraordinary reporting system of enterprises and public service organizations to state management agencies; organize the implementation of managing workers going to work abroad using codes.

13. Implement statistical and information work on activities of sending workers to work abroad.

14. Coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Health, the State Bank of Vietnam, localities, and other related agencies and organizations in the field of sending workers to work abroad under contracts.

Article 29. Responsibilities of the Ministry of Foreign Affairs

1. Coordinate with the Ministry of Labor - Invalids and Social Affairs, relevant ministries and sectors to study and propose to the Government on policies regarding Vietnamese workers going abroad for work.

2. Direct and guide Vietnamese representative offices abroad to carry out the following tasks:

a) Consular protection, protecting the lawful rights and interests of Vietnamese workers working in the host country in accordance with Vietnamese laws, laws of the host country, and international treaties to which Vietnam and that country are members;

b) Coordinate with domestic competent authorities to handle issues arising related to Vietnamese workers working in the host country, research and provide information to develop the market for sending Vietnamese workers to work abroad;

c) Coordinate with the Ministry of Labor - Invalids and Social Affairs and relevant agencies to organize activities promoting the overseas labor market.

Article 30. Responsibilities of the Ministry of Public Security

1. Coordinate with the Ministry of Labor - Invalids and Social Affairs and Vietnamese representative offices abroad in receiving Vietnamese workers who have been expelled by the receiving country or forced to return home according to the provisions of the Law on Vietnamese Workers Going Abroad for Work under Contracts.

2. Coordinate with relevant agencies to monitor the situation of organizations and individuals involved in sending Vietnamese workers to work abroad.

3. Timely detect and handle acts of illegally sending Vietnamese people to work abroad or using the form of going abroad for work under contracts to send Vietnamese people to other countries for other purposes.

Article 31. Responsibilities of the Ministry of Health

Direct, inspect, audit, and handle violations by healthcare facilities in organizing health examinations for workers going abroad for work in accordance with the law.

Article 32. Responsibilities of provincial and centrally governed city People's Committees

1. Implement state management over Vietnamese workers going abroad for work at the local level.

2. Direct specialized agencies under their jurisdiction and lower-level People's Committees:

a) Promote and disseminate the State’s policies, laws on Vietnamese workers going abroad for work under contracts;

b) Introduce workers who are disciplined and comply well with legal regulations to participate in recruitment for work abroad;

c) Create conditions for enterprises and public institutions to recruit workers locally and manage local workers working abroad;

d) Resolve complaints and denunciations of organizations and individuals related to the activities of workers going abroad for work in accordance with the law;

đ) Inspect, audit, and promptly handle violations in the activities of sending workers abroad for work by enterprises in the locality;

e) Organize the registration of contracts of workers going abroad for work individually and of enterprises sending workers abroad for work through vocational training programs.

Article 33. Responsibilities of agencies and organizations specified in point a, b, and c Clause 2 Article 10 of the Law on Vietnamese Workers Going Abroad for Work under Contracts

1. Participate in opinions with the Ministry of Labor - Invalids and Social Affairs on issuing permits for business enterprises to operate services for sending workers abroad for work within 15 days from the date of receipt of the request document from the Ministry of Labor - Invalids and Social Affairs.

2. Coordinate to resolve issues related to workers sent abroad for work by service businesses under their management in cases where the business is dissolved or bankrupt.

3. Support enterprises and public institutions under their management to resolve issues arising related to the rights of workers going abroad for work.

4. Resolve complaints and denunciations related to the activities of sending workers abroad for work in accordance with the law.

5. Coordinate with the Ministry of Labor - Invalids and Social Affairs to manage workers in special occupations within the scope managed by the ministry or sector.

Article 34. Transitional Provisions

1. Businesses that have been granted licenses to operate services for sending workers abroad before this Decree takes effect shall be responsible for reviewing and promptly adjusting their organizational structure, personnel, and physical facilities to meet the conditions stipulated in Section 2 of Chapter II of this Decree within ninety days from the date this Decree takes effect.

2. Businesses that have been approved to send workers to work in Taiwan (China), to undergo skill training in Japan, and to work as domestic helpers in receiving countries in the Middle East before this Decree takes effect shall be responsible for reviewing and promptly adjusting their personnel and physical facilities to comply with the provisions set forth in Chapters IV, V, and VI of this Decree within sixty days from the date this Decree takes effect.

3. Businesses shall be responsible for posting on their corporate websites information about their organizational structure, personnel, and physical facilities according to the conditions stipulated in Section 2 of Chapter II of this Decree; information related to the conditions stipulated in Chapters IV, V, and VI of this Decree, and updating such information when there are changes.

Article 35. Effective Date

1. This Decree shall take effect from May 20, 2020.

2. This Decree replaces Decree No. 126/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing and guiding the implementation of certain provisions of the Law on Vietnamese Workers Going Abroad under Contracts.

3. Decision No. 19/2007/QĐ-BLĐTBXH dated July 18, 2007, issued by the Minister of Labor, Invalids, and Social Affairs promulgating regulations on the organizational structure for operating the service of sending workers abroad and specialized staff for pre-departure training for workers going abroad is hereby abolished.

4. Part of the following legal normative documents are hereby abolished:

a) Point 1 and 2 of Part IV of the Program for Pre-departure Training for Workers Going Abroad issued together with Decision No. 18/2007/QĐ-BLĐTBXH dated July 18, 2007, issued by the Minister of Labor, Invalids, and Social Affairs promulgating the program for pre-departure training for workers going abroad;

b) Points 1, 2, 3, 4, 5, and 6 of Section I of Circular No. 21/2007/TT-BLĐTBXH dated October 8, 2007, issued by the Ministry of Labor, Invalids, and Social Affairs detailing certain provisions of the Law on Vietnamese Workers Going Abroad under Contracts and Decree No. 126/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing and guiding the implementation of certain provisions of the Law on Vietnamese Workers Going Abroad under Contracts;

The provisions regarding the deposit for implementing contracts for sending workers abroad through advanced vocational training programs at Section II of Joint Circular No. 17/2007/TTLT-BLĐTBXH-NHNNVN dated September 4, 2007, issued by the Ministry of Labor, Invalids, and Social Affairs and the State Bank of Vietnam regulating the management and use of deposits of businesses and workers going abroad under contracts are hereby abolished.

Article 36. Responsibility for Implementation

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, relevant agencies, organizations, and individuals shall be responsible for enforcing this Decree.

2. The Ministry of Labor, Invalids, and Social Affairs, within its functions and tasks, shall be responsible for organizing and guiding the enforcement of this Decree./.