Decision No. 621/2001/QD-BLDTBXH on the issuance of the "Regulation on Implementing the Sending of Vietnamese Workers to Japan for Training."

Pursuant to …;

Regarding the issuance of "Regulations on Implementing the Dispatch of Vietnamese Workers for Training in Japan"

Issuing "Regulations on Implementing the Dispatch of Vietnamese Workers for Training in Japan"

_______________________

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of Ministries and ministerial-level agencies;

1. Registering incomplete labor supply contracts with Malaysia (10% or more compared to the number going);

Pursuant to Decree No. 152/1999/NĐ-CP dated September 20, 1999 of the Government on the matter of Vietnamese workers and experts going abroad for limited-term work;

Pursuant to Decision No. 68/2001/QĐ-TTg dated May 2, 2001 of the Prime Minister on certain measures to handle Vietnamese trainees in Japan and South Korea who unilaterally breach their training contracts;

Pursuant to the Minutes of the Working Session signed on May 10, 2001 between the Joint Delegation of the Vietnamese Government and the Japan International Training Cooperation Organization (JITCO);

Considering the proposal of the Director of the Department of Overseas Labor Management,

Pursuant to …;

Article 1. These Regulations on Implementing the Dispatch of Vietnamese Workers for Training in Japan are hereby issued together with this Decision.

Article 2. This Decision takes effect from the date of signature. All previous regulations that conflict with these Regulations are hereby abolished.

Article 3. The Head of the Ministry's Office, the Director of the Department of Overseas Labor Management, the Heads of organizations dispatching Vietnamese trainees to Japan, and other relevant organizations and individuals shall be responsible for implementing this Decision.

REGULATION

IMPLEMENTATION OF THE DISPATCH OF VIETNAMESE WORKERS FOR TRAINING IN JAPAN
(Issued together with Decision No. 621/2001/QĐ-BLĐTBXH dated July 3, 2001 of the Minister of Labor, Invalids and Social Affairs)

Article 1. Scope of Application.

1- These Regulations apply to:

a) Vietnamese enterprises dispatching Vietnamese workers for training in Japan (hereinafter referred to as the dispatching organization).

b) Vietnamese workers dispatched for training in Japan (hereinafter referred to as trainees).

2- The dispatching organization and trainees must strictly comply with Vietnamese laws, Japanese laws, and specific provisions set forth in these Regulations.

Article 2. Dispatch and Reception Contracts for Trainees.

1- The dispatch and reception contracts for trainees signed between the dispatching organization and Japanese partners must ensure conditions, contents, and forms as prescribed by Vietnamese and Japanese laws.

2- The dispatching organization is responsible for submitting copies of the contracts and registration of the implementation of the contracts to the Department of Overseas Labor Management.

Article 3. Selection of Trainees.

1- The dispatching organization must directly select trainees who are currently working at factories, construction sites, and legally operating enterprises in Vietnam.

2- Vietnamese workers selected to go for training in Japan must meet the following conditions:

- Possess the appropriate level of skill and experience as required by the dispatch and reception contracts for training in Japan;

- Be in good health, have good moral character, and not violate discipline or laws.

Article 4. Training and Orientation Education for Trainees.

1- The dispatching organization must organize Japanese language training for trainees according to the program of Japanese partners and orientation education according to the program compiled by the Department of Overseas Labor Management. The dispatching organization must ensure each trainee has one set of study materials.

Before organizing training and orientation education for trainees going to Japan, the dispatching organization must report to the Ministry of Labor, Invalids and Social Affairs (Department of Overseas Labor Management) and the competent authority the list of trainees, location, time, program, and content of training and orientation education (according to Model No. 1 attached to these Regulations).

2- Upon completion of the Japanese language course and orientation education, the dispatching organization must report to the Department of Overseas Labor Management about the location, time, and results of the assessment of the Japanese language learning and orientation education of the trainees for the Department of Overseas Labor Management to monitor. The assessment results must be confirmed by the dispatching organization and the training institution; the dispatching organization must send the assessment results to the Department of Overseas Labor Management.

3- The issuance of certificates for training and orientation education for trainees shall be carried out in accordance with the Interim Regulations on the Issuance and Management of Certificates for Training and Orientation Education for Workers Going Abroad for Limited-Term Work issued together with Decision No. 179/2000/QĐ-BLĐTBXH dated February 22, 2000 of the Minister of Labor, Invalids and Social Affairs.

Article 5. Financial Implementation.

1- The dispatching organization may collect from trainees a deposit equivalent to a round-trip airfare from Vietnam to Japan and one month of training allowance. This deposit will be refunded with interest upon completion of the training and technical internship program and return to Vietnam.

2- The dispatching organization shall not charge trainees the following expenses: selection fees; pre-departure Japanese language training fees; medical examination fees; passport processing fees; visa fees; domestic travel expenses; travel expenses from the airport to the training location; communication and consultation fees with related organizations; necessary expenses for receiving trainees back after completing their tasks; social insurance contributions and service fees.

The above expenses shall be borne by the Japanese receiving organization and paid to the Vietnamese dispatching organization according to the dispatch and reception contracts for trainees.

3- During the training period in Japan, trainees are exempt from income tax applicable to high-income earners in Vietnam.

4- Trainees have the right to independently decide on transferring money to their families in Vietnam.

5- The dispatching organization is responsible for implementing the reporting system as stipulated in Circular No. 16/2000/TTLT-BTC-BLĐTBXH dated February 28, 2000 of the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs.

Article 6. Management of Trainees in Japan.

1- The dispatching organization is responsible for signing a "Training in Japan Contract" with each worker before dispatching them for training in Japan (according to Model No. 2 attached to these Regulations).

2- For each dispatch and reception contract for trainees, the dispatching organization must submit one copy of the "Training in Japan Contract" signed with a trainee to the Department of Overseas Labor Management and JITCO.

3\. The dispatching organization shall be responsible for reporting to the Department of Overseas Labor Management and the Embassy of Vietnam in Japan the list of trainees dispatched in each batch according to Form No. 10 issued together with Circular No. 28/1999/TT-BLDTBXH dated November 15, 1999 of the Ministry of Labor, War Invalids and Social Affairs.

4\. Based on the number of trainees currently undergoing training and working in various regions and localities in Japan, the dispatching organization must report to the Department of Overseas Labor Management its management plan for trainees sent to Japan for training.

Article 7. Vietnamese trainees in Japan who unilaterally terminate their contracts will be handled as follows:

1\. Compensate the dispatching organization for all losses and related costs arising from unilateral termination of the contract, including:

a) Recruitment and training costs for the purpose of going to Japan for training;

b) Penalties and compensation paid by the dispatching organization to Japanese partners;

c) Actual losses caused by the unilateral termination of the contract by the trainee to the dispatching organization.

2\. Be compelled to return to Vietnam and bear all costs of repatriation.

3\. Be notified to their families, workplaces before going to train, and the People's Committee of the commune, ward, town where the trainee resides about the unilateral termination of the contract.

4\. Not be eligible for selection to work abroad for a period of five years from the date of returning to Vietnam.

Article 8. Responsibilities of the dispatching organization in repatriating violating trainees:

1\. Within seven days from the date of receiving notification from the receiving organization regarding the unilateral termination of the contract by the trainee, the dispatching organization must submit a written request to the Diplomatic Mission or Consular Office of Vietnam in Japan to repatriate that trainee; at the same time, report to the Department of Overseas Labor Management (according to Form No. 3 attached hereto).

2\. The dispatching organization shall coordinate with the receiving organization, relevant Japanese authorities, the Diplomatic Mission or Consular Office of Vietnam in Japan to organize the repatriation of violating trainees.

3\. Advance funds to promptly address any arising issues and deduct such amount from the trainee's deposit.

Article 9. If the dispatching organization violates this Regulation and current State regulations, it will be dealt with as follows:

1\. Temporarily suspend the dispatch of trainees to Japan for six months if it commits any of the following violations:

a) Recruiting trainees through intermediaries or brokers;

b) Collecting money from trainees through intermediaries or brokers;

c) Collecting money not in accordance with regulations;

d) Training and orienting trainees not in accordance with current State regulations;

e) Having a rate of trainees unilaterally terminating their contracts of 10% or more of the total number of trainees currently undergoing training under contracts (calculated from the effective date of this Regulation);

f) Failing to implement the reporting system as stipulated in this Regulation and guiding documents for implementing Decree No. 152/1999/NĐ-CP dated September 20, 1999 of the Government.

2\. Suspend the dispatch of trainees to Japan if it commits any of the following violations:

a) Reoffending any of the points specified in Clause 1 of this Article after the temporary suspension period;

b) Having a rate of trainees unilaterally terminating their training contracts of 15% or more.

Article 10. The superior authority of the dispatching organization is responsible for directing and managing the activities of dispatching organizations within its jurisdiction as prescribed in Article 20 of Decree No. 152/1999/NĐ-CP dated September 20, 1999 of the Government.

Article 11. The Department of Overseas Labor Management shall coordinate with the Inspectorate of Labor Policy and Social Affairs, Directors of Provincial Departments of Labor, War Invalids and Social Affairs under the Central Government to inspect and audit dispatching organizations, promptly correct any violations, and recommend appropriate penalties for cases violating this Regulation and other laws.