Decision No. 68/2001/QĐ-TTg On certain measures to handle Vietnamese trainees in Japan and South Korea who unilaterally terminate their training contracts

Pursuant to …;

On certain measures to handle Vietnamese trainees who unilaterally terminate their training contracts in Japan and South Korea

At Japan and South Korea

___________________

PRIME MINISTER

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

Pursuant to Decree No. 152/1999/NĐ-CP of the Government dated September 20, 1999 on the regulations for Vietnamese workers and experts working abroad for a limited period;

To address the situation where Vietnamese trainees in Japan and South Korea unilaterally terminate their training contracts;

Upon the proposal of the Minister of Justice and the Minister of Labor, Invalids and Social Affairs,

DECISION:

Clause 4 of Article 6Vietnamese citizens going for training and technical internships in Japan and South Korea through Vietnamese enterprises providing trainees (hereinafter referred to as "trainees") who unilaterally terminate their training contracts shall be handled according to the provisions of this Decision.

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentTrainees as defined in Article 1 of this Decision shall be subject to the following measures:

1. Compensate the Vietnamese enterprise providing trainees (hereinafter referred to as "Vietnamese enterprise") for losses and related costs due to unilateral termination of the contract, including:

a) Recruitment and training costs for the purpose of going for training in Japan and South Korea;

b) Service fees for the remaining months under the contract for overseas training signed with the Vietnamese enterprise;

c) Penalties and compensation payments that the Vietnamese enterprise must pay to the receiving enterprise in the host country;

d) Other actual and reasonable damages caused to the Vietnamese enterprise by the unilateral termination of the contract.

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

3. Be notified to their families, workplaces before going for training, People's Committees of communes, wards, towns where they reside about the unilateral termination of the contract.

Article 3.

1. The deposit received from trainees by the Vietnamese enterprise in accordance with Clause 3, Article 9 of Decree No. 152/1999/NĐ-CP of the Government dated September 20, 1999 may be used to fulfill the compensation obligations stipulated in Clauses 1 and 2, Article 2 of this Decision. The deduction of the deposit shall be carried out in accordance with the regulations of the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs.

In cases where it is determined that the deposit stipulated is insufficient to cover the compensation, the Vietnamese enterprise may request and negotiate with the person wishing to go for training regarding the method of depositing collateral or guarantee to ensure the fulfillment of the trainee's contractual obligations with the Vietnamese enterprise and the receiving enterprise; the conclusion and implementation of the collateral or guarantee agreement shall comply with the provisions of the Civil Code.

2. The Vietnamese enterprise shall not select trainees as defined in Article 1 of this Decision for training, technical internships, or work abroad within five years from the date of return to Vietnam.

Article 4.

1. The repatriation of trainees as stipulated in Clause 2, Article 2 of this Decision shall be implemented as follows:

a) Within seven days from the date of receipt of notification from the receiving enterprise in the host country about the unilateral termination of the contract by the trainee, the Vietnamese enterprise must submit a written request to the Vietnamese diplomatic mission, consular office in Japan and South Korea to bring the person back to Vietnam; the request shall be sent simultaneously to the Department of Overseas Labor Management under the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as the Department of Overseas Labor Management) for reporting.

b) Immediately upon receipt of the request from the Vietnamese enterprise, the Vietnamese diplomatic mission, consular office must coordinate with the competent authority in the host country and the competent authority in the home country to implement the repatriation of the trainee.

The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security to specify the procedures for coordination between domestic competent authorities and Vietnamese diplomatic missions, consular offices in Japan and South Korea to enforce the provisions herein.

c) Immediately upon receipt of notification from the Vietnamese diplomatic mission or consular office in Japan and South Korea, the Vietnamese enterprise must purchase air tickets for the person being repatriated and advance the related costs for bringing them back to Vietnam.

2. The Ministry of Justice shall take the lead and coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, and the Ministry of Labor, Invalids and Social Affairs to agree with the competent authorities in Japan and South Korea on the procedures and coordination for repatriating trainees.

Article 5.The Department of Overseas Labor Management shall be responsible for implementing the handling measures stipulated in Clause 3, Article 2, and Clause 2, Article 3 of this Decision.

The Ministry of Labor, Invalids and Social Affairs shall specify the procedures and steps for implementing the provisions of this Article.

Article 6.

1. This Decision shall take effect fifteen days from the date of signature.

For trainees who unilaterally terminated their training contracts before the effective date of this Decision and have not been handled, they shall also be handled according to the provisions of this Decision.

2. The Ministry of Labor, Invalids and Social Affairs shall be responsible for guiding and supervising the implementation of this Decision.

3. This Decision must be notified to trainees before they go for training and technical internships in Japan and South Korea; the provisions of Articles 2 and 3 of this Decision must be detailed in the contract signed between the Vietnamese enterprise and the trainee.

Article 7. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decision./.