Law on Vietnamese Workers Going Abroad under Contracts No. 69/2020/QH14

LAW

VIETNAMESE WORKERS GOING ABROAD FOR EMPLOYMENT UNDER CONTRACTS

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Vietnamese Workers Going Abroad for Employment Under Contracts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the rights, obligations, and responsibilities of Vietnamese workers going abroad for employment under contracts, enterprises, public service units, and agencies, organizations, and individuals related to the field of Vietnamese workers going abroad for employment under contracts; vocational skill training, language instruction, and orientation education for workers; the Overseas Employment Support Fund; policies for workers; state management in the field of Vietnamese workers going abroad for employment under contracts.

Article 2. Applicability

1. Vietnamese workers going abroad under contracts.

2. Vietnamese enterprises sending Vietnamese workers abroad for employment under contracts.

3. Publicly-owned service units under Ministries, ministerial-level agencies, and government agencies (hereinafter referred to collectively as service units) assigned the task of sending Vietnamese workers abroad for employment under contracts.

4. Agencies, organizations, and individuals related to the field of Vietnamese workers going abroad for employment under contracts.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Vietnamese workers going abroad for employment under contractsare Vietnamese citizens aged eighteen years or older residing in Vietnam who go to work abroad according to the provisions of this Law.

2. Employer outside Vietnam is an enterprise, organization, or individual directly hiring and using Vietnamese workers to work for them abroad under labor contracts.

3. Foreign entity receiving labor is the employer outside Vietnam, foreign job placement service organization.

4. Discrimination is the act of distinguishing, excluding, or favoring based on race, skin color, national origin or social origin, ethnicity, gender, age, pregnancy status, marital status, religion, belief, political opinion, disability, family responsibility, or based on HIV status or because of reasons for establishing, joining, and operating trade unions or worker organizations at enterprises that affect equal opportunities for employment or occupations. Discrimination, exclusion, or favoritism arising from specific job requirements and actions maintaining and protecting jobs for vulnerable workers shall not be considered discrimination.

5. Forced labor is the use of force, threats of force, or other means to compel workers to work against their will.

6. System of databases on Vietnamese workers going abroad for employment under contracts is a collection of data and information about Vietnamese workers going abroad for employment under contracts.

Article 4. State policy on Vietnamese workers going abroad for employment under contracts

1. Encouraging the enhancement of professional technical qualifications of Vietnamese workers going abroad for employment under contracts; effectively utilizing the workforce after returning from working abroad.

 Vietnamese workers going abroad for employment under contracts in certain industries, professions, and specific jobs with high professional technical qualifications or where Vietnam has an advantage shall enjoy certain special mechanisms and policies aimed at attracting, promoting, and supporting the development of these industries, professions, and specific jobs to go abroad for employment under contracts and using workers after they return to Vietnam in accordance with economic and social conditions during each period as prescribed by the Government.

2. Protecting the rights and legitimate interests of Vietnamese workers, enterprises, organizations, and individuals in the field of Vietnamese workers going abroad for employment under contracts.

3. Expanding international cooperation in activities to develop new safe labor markets, high-income jobs, specific industries, professions, and jobs that help improve the skills and vocational qualifications of Vietnamese workers going abroad for employment under contracts.

4. Ensuring gender equality, employment opportunities, and non-discrimination in the selection, vocational skill training, language instruction, and orientation education for Vietnamese workers going abroad for employment under contracts; taking measures to protect Vietnamese workers abroad in line with gender characteristics.

5. Supporting social integration and participation in the labor market after returning to Vietnam.

Article 5. Forms of Vietnamese workers going to work abroad under contracts

1. Contracts for sending Vietnamese workers to work abroad signed with public institutions to implement international agreements.

2. Contracts or written agreements for sending Vietnamese workers to work abroad signed with the following enterprises, organizations, or individuals:

a) Vietnamese enterprises operating services for sending Vietnamese workers to work abroad under contracts;

b) Vietnamese enterprises winning or accepting bids for projects or works abroad;

c) Vietnamese enterprises sending Vietnamese workers to train or improve their skills and occupational qualifications abroad;

d) Vietnamese organizations or individuals investing abroad.

3. Labor contracts directly concluded by Vietnamese workers with employers abroad.

Article 6. Rights and Obligations of Vietnamese Workers Going to Work Abroad Under Contracts

1. Vietnamese workers going to work abroad under contracts have the following rights:

a) To be provided information on policies and laws of Vietnam regarding Vietnamese workers going to work abroad under contracts; policies, laws, and customs of the receiving country related to workers; rights and obligations of the parties when working abroad under contracts;

b) To receive advice and support to exercise rights and obligations and enjoy benefits under labor contracts and vocational training contracts;

c) To receive wages, remuneration, medical examination and treatment, social insurance, work injury insurance, and other rights and benefits according to the labor contract; to transfer wages, remuneration, income, and lawful personal property back to Vietnam in accordance with Vietnamese law and the laws of the receiving country;

d) To be protected and safeguarded in terms of legitimate rights and interests during the period of working abroad under contracts in compliance with Vietnamese law, the laws of the receiving country, and international law and practices;

đ) To unilaterally terminate the contract if they are subjected to mistreatment, forced labor, or there is a clear and imminent threat to their life, health, or sexual harassment while working abroad;

e) To benefit from labor and employment support policies and rights from the Overseas Employment Support Fund as stipulated by law;

g) Not to pay social insurance or individual income tax twice in Vietnam and the receiving country if Vietnam and that country have signed a social insurance agreement or a double taxation avoidance agreement;

h) To lodge complaints, denunciations, or lawsuits against violations of law in the field of Vietnamese workers going to work abroad under contracts;

i) To receive counseling and support for job creation, entrepreneurship after returning home, and access to voluntary social psychological counseling services.

2. Vietnamese workers going to work abroad under contracts have the following obligations:

a) To comply with Vietnamese law and the laws of the receiving country;

b) To preserve and promote the cultural traditions of the Vietnamese nation; to respect the customs and traditions of the receiving country; to unite with workers at the receiving location;

c) To complete pre-departure orientation education courses before going to work abroad;

đ) To pay service fees and perform deposit as prescribed by this Law;

d) To work at the designated place; to abide by labor discipline and rules; to comply with management, direction, and supervision by foreign employers according to the labor contract;

e) To compensate for losses resulting from breach of contract as prescribed by Vietnamese law and the laws of the receiving country;

g) To return to Vietnam within the specified time limit after terminating the labor contract or vocational training contract; to report to the registration authority of the place of residence before going abroad or the new place of residence after returning home within fifteen days from the date of entry, in accordance with the Law on Residence;

h) To pay taxes and participate in social insurance or other forms of insurance as prescribed by Vietnamese law and the laws of the receiving country;

i) To contribute to the Overseas Employment Support Fund.

Article 7. Prohibited acts in the field of Vietnamese workers going to work abroad under contracts

1. Luring, enticing, promising, advertising, providing false information, or using other fraudulent means to deceive workers; exploiting activities of sending workers to work abroad to organize illegal exit, trafficking in persons, exploiting labor, or committing unlawful acts.

2. Supporting workers or directly processing procedures for workers to go work abroad without the approval of competent state agencies as prescribed by this Law.

3. Forcing, luring, enticing, or deceiving Vietnamese workers to stay abroad.

4. Discriminating against; insulting the dignity and personality of workers; forcing labor in the field of Vietnamese workers going to work abroad under contracts.

5. Engaging in service activities of sending Vietnamese workers to work abroad under contracts without a permit; using the permit of another enterprise or allowing others to use the permit of an enterprise to engage in such service activities.

6. Assigning tasks for service activities of sending Vietnamese workers to work abroad under contracts to branches of enterprises not in accordance with the provisions of this Law.

7. Exploiting preparatory activities for labor supply, selecting workers to work abroad to illegally collect money from workers.

8. Collecting brokerage fees from workers.

9. Collecting service fees from workers not in accordance with the provisions of this Law.

10. Applying security measures other than those stipulated by this Law, namely deposit and guarantee.

11. Going to work abroad or sending Vietnamese workers to work abroad under contracts that violate national security, public order, social safety, social morality, health of workers and the community, or are not permitted by the receiving country.

12. Going to work abroad or sending Vietnamese workers to work abroad under contracts for the following jobs:

a) Massage work at restaurants, hotels, or entertainment centers;

b) Work requiring frequent contact with explosives, toxic substances in metal ore refining (copper, lead, mercury, silver, zinc); frequent contact with manganese, mercury dioxide;

c) Work involving exposure to open sources of radiation, mining radioactive ores;

d) Work producing or packaging products that require frequent contact with nitric acid, sodium sulfite, carbon disulfide, or highly toxic pesticides, herbicides, rodenticides, disinfectants, wood preservatives;

đ) Hunting dangerous animals, crocodiles, sharks;

e) Work frequently performed in areas lacking air, under high pressure (underground, underwater);

g) Embalming, funeral, cremation, exhumation work.

13. Going to work abroad or sending Vietnamese workers to work abroad in the following areas:

a) Areas currently experiencing war or at risk of war;

b) Areas contaminated with radiation;

c) Areas contaminated with toxins;

d) Areas experiencing particularly dangerous epidemics.

14. Illegally staying abroad after termination of the labor contract or vocational training contract.

15. Causing delays, harassment, hindrance, or annoyance to workers or Vietnamese enterprises, organizations, or individuals in the field of Vietnamese workers going to work abroad under contracts.

16. Issuing a Permit for Service Activities of Sending Vietnamese Workers to Work Abroad Under Contracts to enterprises that do not meet the conditions stipulated by this Law.

17. Using the Overseas Employment Support Fund contrary to the provisions of the law.

Chapter II

VIETNAMESE ENTERPRISES, STATE-OWNED UNITS, ORGANIZATIONS, AND INDIVIDUALS SENDING VIETNAMESE WORKERS TO WORK ABROAD

Section 1

VIETNAMESE ENTERPRISES ENGAGING IN SERVICE ACTIVITIES OF SENDING VIETNAMESE WORKERS TO WORK ABROAD UNDER CONTRACTS

Article 8. Activities of providing services to send Vietnamese workers to work abroad under contracts

1. The activities of providing services to send Vietnamese workers to work abroad under contracts are conditional business sectors and can only be carried out by Vietnamese enterprises holding a Business Operation Permit for Services of Sending Vietnamese Workers to Work Abroad Under Contracts issued by the Minister of Labor, Invalids and Social Affairs.

2. Vietnamese enterprises engaged in providing services to send Vietnamese workers to work abroad under contracts (hereinafter referred to as service enterprises) must maintain the conditions stipulated in Article 10 of this Law and meet the specific market, industry, profession, and job requirements set forth by the Government throughout their operations.

Article 9. Contents of activities of providing services to send Vietnamese workers to work abroad under contracts

1. Signing and implementing contracts and agreements related to sending Vietnamese workers to work abroad under contracts.

2. Searching for and developing foreign labor markets; providing information, advertising, and consulting on employment opportunities abroad.

3. Preparing and selecting labor sources.

4. Organizing vocational skill training, language instruction, and orientation education for workers before they go to work abroad.

5. Managing workers; protecting their legitimate rights and interests while working abroad under contracts.

6. Implementing policies and regulations for workers going to work abroad under contracts.

7. Terminating contracts for sending Vietnamese workers to work abroad.

8. Supporting job placement for workers after they return to Vietnam.

Article 10. Conditions for Issuing a Business Operation Permit for Services of Sending Vietnamese Workers to Work Abroad Under Contracts

1. A Vietnamese enterprise shall be granted a Business Operation Permit for Services of Sending Vietnamese Workers to Work Abroad Under Contracts if it meets all of the following conditions:

a) Having a registered capital of at least five billion VND; having shareholders, members, and shareholders who are domestic investors as prescribed by the Investment Law;

b) Having deposited a guarantee fund as stipulated in Article 24 of this Law;

c) Having a legal representative who is a Vietnamese citizen with a bachelor's degree or higher and at least five years of experience in the field of sending Vietnamese workers to work abroad under contracts or employment services; not being under criminal investigation; not having a criminal record for offenses against national security, offenses against human life, health, dignity, reputation, fraud, embezzlement, false advertising, misleading customers, organizing or brokering illegal exit, entry, or stay in Vietnam, organizing or brokering illegal departure from or stay outside Vietnam, coercing others to leave or stay outside Vietnam illegally;

d) Having sufficient specialized staff to carry out the contents prescribed in Article 9 of this Law;

đ) Having physical facilities of the enterprise or stable rental facilities to meet the requirements for orientation education for Vietnamese workers going to work abroad under contracts;

e) Having an electronic information website.

2. The Government shall provide detailed regulations for this Article.

Article 11. Permit for the service of sending Vietnamese workers to work abroad under contracts

1. The Permit for the service of sending Vietnamese workers to work abroad under contracts (hereinafter referred to as the Permit) shall include the following main contents:

a) Permit number and date of issuance;

b) Business name;

c) Business code;

d) Head office address;

đ) Telephone number;

e) Website address.

2. The Permit may be amended for information updates and reissued in accordance with Articles 13 and 14 of this Law.

Article 12. Documents, procedures, and fees for issuing the Permit

1. The application documents for issuing a license include:

a) The business's application for the Permit;

b) A copy of the Enterprise Registration Certificate;

c) Documents proving compliance with the conditions stipulated in Article 10 of this Law.

2. Within twenty days from the date of receipt of complete and valid documents, the Minister of Labor, Invalids, and Social Affairs shall examine and issue the Permit to the business; if the Permit is not issued, a written response must be provided with clear reasons stated.

3. Permit fees shall be implemented in accordance with the laws on fees and charges.

4. The Government shall specify the format of the Permit; the formats of the documents and papers specified in points a and c, Clause 1 of this Article; and the coordination and interconnection among agencies in issuing the Permit through electronic information networks.

Article 13. Amendment of Permit Information

1. When there is a change in information compared to the content recorded in the already issued Permit, the service business shall submit a written request to the Minister of Labor, Invalids, and Social Affairs to amend the information on the Permit.

2. Within five working days from the date of receipt of the business's request, the Minister of Labor, Invalids, and Social Affairs shall amend the information on the Permit.

3. The service business shall be exempted from fees when amending information on the Permit.

Article 14. Reissuance of the Permit

1. When the Permit is lost or damaged, the service business shall submit a written request to the Minister of Labor, Invalids, and Social Affairs to reissue the Permit.

2. Within five working days from the date of receipt of the business's request, the Minister of Labor, Invalids, and Social Affairs shall reissue the Permit.

3. The service business shall be exempted from fees when reissuing the Permit.

Article 15. Announcement and Public Display of the Permit

1. Within ten days from the date of issuance, reissuance, or amendment of the Permit, the Ministry of Labor, Invalids, and Social Affairs shall post the Permit on its official website and notify the People's Committee of the province where the service business's head office is located.

2. Within thirty days from the date of issuance, reissuance, or amendment of the Permit, the service business shall publicly display a copy of the Permit at its head office and post the Permit on its website.

Article 16. Return and Revocation of the Permit

1. The service business shall return the Permit to the Ministry of Labor, Invalids, and Social Affairs in the following cases:

a) Ceasing to exist in accordance with the law;

b) Ceasing the service of sending Vietnamese workers to work abroad under contracts.

2. The Permit shall be revoked in the following cases:

a) False information in the application documents for the Permit;

b) Failure to maintain the conditions stipulated in Article 10 of this Law;

c) Not sending Vietnamese workers to work abroad continuously for twenty-four months, except in cases of natural disasters, epidemics, wars, political instability, economic recession, or other force majeure reasons that prevent the foreign party from accepting workers;

d) Violation of provisions in Clauses 1, 2, 5, 6, 7, 8, 11, 12, or 13 of Article 7 of this Law;

đ) Failure to fully fulfill obligations stipulated in points c, e, g, h, and i of Clause 2 of Article 26 of this Law, resulting in serious material and spiritual damage to workers.

3. The Minister of Labor, Invalids, and Social Affairs shall decide to revoke the Permit; announce the revocation within five working days from the date of the decision; and publish the return of the Permit on the Ministry's official website, notifying the People's Committee of the province where the service business's head office is located.

Clause 4. The Government shall provide detailed regulations on Clauses 1 and 2 of this Article.

Article 17. Branches are assigned tasks to operate services for sending Vietnamese workers to work abroad under contracts.

1. The service enterprise assigns tasks to its branch to carry out certain activities related to the service of sending Vietnamese workers to work abroad under contracts and is responsible for the operations of the branch. The branch is established and operates in accordance with the provisions of the Enterprise Law.

2. A branch may operate the service of sending Vietnamese workers to work abroad under contracts when it meets the following conditions:

a) It is assigned tasks by the service enterprise;

b) The head of the branch satisfies the conditions stipulated in point c, Clause 1, Article 10 of this Law;

c) It has a sufficient number of staff to perform the assigned tasks;

d) It has facilities for the branch or the branch leases facilities to carry out assigned educational orientation tasks.

3. A branch assigned tasks to operate the service of sending Vietnamese workers to work abroad under contracts shall not carry out the following activities:

a) Signing and terminating labor supply contracts, brokerage contracts, and contracts for sending Vietnamese workers to work abroad;

b) Collecting service fees and deposit money from workers.

4. The service enterprise is responsible for reporting in writing to the Ministry of Labor, Invalids and Social Affairs and updating information about the branch on the database system for Vietnamese workers working abroad under contracts within five working days from the date of assigning tasks to the branch, ceasing to assign tasks to the branch, or the branch ceasing operations.

5. A branch assigned tasks to operate the service of sending Vietnamese workers to work abroad under contracts must publicly display the decision of the service enterprise assigning tasks to the branch and a copy of the service enterprise's license at the branch's headquarters.

6. The Government shall provide detailed regulations on point c and point d of Clause 2 of this Article.

Article 18. Preparing Labor Resources

1. The service enterprise prepares labor resources before registering labor supply contracts upon request from the foreign party receiving workers or according to cooperation agreements with the foreign party receiving workers, and can only be carried out after the Ministry of Labor, Invalids and Social Affairs issues a written approval.

2. The documents for preparing labor resources include:

a) Documentation regarding the preparation of labor resources;

b) A copy of the request or cooperation agreement with the foreign party receiving workers, accompanied by a certified Vietnamese translation; for the first-time cooperation with a Vietnamese service enterprise, additional documentation proving permission from the competent authority in the host country to recruit foreign workers must also be submitted;

c) A plan for preparing labor resources, specifying the number of workers, time frame, and method of preparing labor resources;

d) A commitment to prioritize selecting workers who have participated in labor resource preparation activities.

3. Within five working days from the date of receiving complete and valid documents, the Ministry of Labor, Invalids and Social Affairs will respond in writing to the service enterprise, notify in writing the People's Committee of the province where the service enterprise carries out labor resource preparation activities, and update the database system for Vietnamese workers working abroad under contracts; if disapproved, the reasons must be clearly stated.

4. The service enterprise implements labor resource preparation as follows:

a) Organizing preliminary selection of workers;

b) Directly or through cooperation and collaboration with vocational education institutions and employment service organizations to train skills and languages for workers when necessary, and can only collect training fees as prescribed by law.

5. The Minister of Labor, Invalids and Social Affairs shall provide detailed regulations on Clause 2 of this Article.

Article 19. Labor Supply Contract

1. A labor supply contract is a written agreement between a Vietnamese service enterprise and a foreign entity receiving labor regarding the conditions, rights, and obligations of each party in supplying and receiving Vietnamese workers to work abroad.

2. The labor supply contract must comply with Vietnamese law, the law of the country receiving labor, and include the following contents:

a) Duration of the contract;

b) Number of workers; industry, profession, job to be performed; age of the worker;

c) Country receiving labor;

d) Place of work if the contract is signed with an employer abroad;

đ) Working conditions and environment;

e) Working hours and rest periods;

g) Occupational safety and health;

h) Wages, remuneration, other benefits, and bonuses (if any); overtime pay; deductions from wages according to the regulations of the country receiving labor;

i) Conditions for food, accommodation, living, and travel from residence to workplace and vice versa;

k) Medical examination, treatment, and reproductive health care system;

l) Social insurance, health insurance, occupational accident insurance, and occupational disease insurance;

m) Conditions for terminating the contract before the term and liability for compensation;

n) Service fees paid by the foreign entity receiving labor (if any);

o) Responsibility for covering travel expenses from Vietnam to the workplace and vice versa;

p) Responsibilities of the parties when the worker encounters risks during work abroad;

q) Responsibilities of the parties in resolving issues arising for the worker during work abroad;

r) Mechanism, procedures, and laws applicable to resolve disputes;

s) Other agreements not contrary to the law and social ethics.

3. The Minister of Labor, War Invalids and Social Affairs shall provide detailed regulations on Clause 2 of this Article in accordance with specific markets, industries, professions, and jobs.

Article 20. Registration of Labor Supply Contracts

1. A service enterprise registers a labor supply contract and may only implement it after receiving written approval from the Ministry of Labor, War Invalids and Social Affairs.

2. The registration dossier for a labor supply contract includes:

a) The registration document for the labor supply contract;

b) A copy of the labor supply contract accompanied by a certified Vietnamese translation;

c) Documentation proving that sending Vietnamese workers to work abroad complies with the law of the country receiving labor.

3. Within five working days from the date of receipt of complete and valid documents, the Ministry of Labor, War Invalids and Social Affairs will respond in writing to the service enterprise; in case of non-approval, the reasons must be clearly stated; if overseas verification is required, the service enterprise must be notified within three working days from the date of receiving the verification results.

4. The Minister of Labor, War Invalids and Social Affairs shall specify the format of the documents referred to in points a and c of Clause 2 of this Article.

Article 21. Contract for Sending Vietnamese Workers Abroad

1. A contract for sending Vietnamese workers abroad is a written agreement between a service enterprise and a worker regarding the rights and obligations of each party in sending Vietnamese workers abroad under the contract.

2. The contract for sending Vietnamese workers abroad must clearly stipulate the rights and obligations of each party and be consistent with the content of the labor supply contract; clearly record the agreement on service fees and other costs of the worker (if any).

3. The Minister of Labor, War Invalids and Social Affairs shall specify the model of the contract for sending Vietnamese workers abroad.

1. A brokerage contract is an agreement between a service enterprise and an organization or individual intermediary regarding the introduction of foreign entities to accept Vietnamese laborers for the purpose of entering into labor supply contracts as stipulated by this Law.

2. The commission under a brokerage contract shall be agreed upon by both parties and clearly stated in the contract but shall not exceed the ceiling prescribed in Clause 3 of this Article.

3. The Minister of Labor, War Invalids and Social Affairs shall specify the ceiling for the commission under a brokerage contract in accordance with each market, industry, profession, and specific job during periods when Vietnamese workers go abroad to work under contracts.

Article 23. Service Fees

1. Service fees are the income received by a service enterprise from foreign entities accepting laborers and workers to cover costs for searching, developing markets, negotiating, signing labor supply contracts, and managing workers while working abroad as stipulated by this Law.

2. Service fees collected by a service enterprise from workers must comply with the following principles:

a) In accordance with the agreement between the worker and the service enterprise;

b) Not exceeding the ceiling prescribed in Clause 4 of this Article;

c) Only collected after the labor supply contract has been approved by the Ministry of Labor, War Invalids and Social Affairs and the contract sending Vietnamese workers abroad to work has been signed;

d) In cases where the foreign entity accepting laborers has already paid the service fee, only the remaining amount less than the agreed service fee can be collected from the worker.

3. If a service enterprise collects service fees from workers for the entire agreed period of work in the contract sending Vietnamese workers abroad to work, and the worker returns to Vietnam before the agreed time without fault on their part, the service enterprise must refund the worker the service fee and interest corresponding to the remaining period of the contract sending Vietnamese workers abroad to work. Interest shall be calculated based on the interest rate for non-term deposits in Vietnamese dong at financial institutions agreed upon by the parties at the time of the enterprise's refund to the worker.

4. The ceiling for service fees collected from workers is specified as follows:

a) Not exceeding one month’s salary of the worker according to the contract for every twelve months of work; for officers and seafarers working on sea transport vessels, it shall not exceed one and a half months’ salary of the worker according to the contract for every twelve months of work. In cases where the contract sending Vietnamese workers abroad to work is for thirty-six months or more, the service fee shall not exceed three months’ salary of the worker according to the contract;

b) Where there is an agreement in the contract sending Vietnamese workers abroad to work regarding the collection of service fees for extended contract periods, the maximum service fee for each twelve-month extension of work shall not exceed half a month’s salary of the worker according to the contract;

c) For certain markets, industries, professions, and specific jobs, the Minister of Labor, War Invalids and Social Affairs shall specify lower ceilings for service fees than those prescribed in points a and b of this clause.

Article 24. Deposit money of service enterprises

1. The deposit money of service enterprises shall be deposited at banks and may only be used in cases where the service enterprise fails to perform or performs incompletely its obligations in the activities of sending Vietnamese workers to work abroad under contracts, as required by competent state agencies..

Within thirty days from the date the deposit money is used, the service enterprise must repay the amount used and ensure the deposit level as prescribed.

2. In the case provided for in point b, Clause 3, Article 29 of this Law, the deposit money of the service enterprise shall be used by the Ministry of Labor, Invalids and Social Affairs to settle the obligations arising towards workers who have not terminated their contracts for sending Vietnamese workers to work abroad at the time of transfer; after deducting bank service fees, if there is any surplus, the service enterprise may use it to settle other debts in accordance with the provisions of the Bankruptcy Law.

3. The Government shall specify detailed regulations on the deposit level, management, use of deposit money, and the cases where the service enterprise is dissolved, revoked, or returns the License.

Article 25. Deposit money of workers

1. The service enterprise shall agree with the worker on depositing money to ensure that the worker fulfills the obligations under the contract for sending Vietnamese workers to work abroad in accordance with Vietnamese law or the agreement with the foreign entity receiving labor.

2. The worker shall agree with the service enterprise on depositing the deposit money into a frozen account of the worker at the bank.

3. The worker shall receive back both the principal and interest of the deposit money when terminating the contract for sending Vietnamese workers to work abroad.

In the event that the worker violates the obligations under the contract for sending Vietnamese workers to work abroad, the deposit money of the worker shall be used by the service enterprise to compensate for losses caused by the worker's fault; if there is any surplus, it must be returned to the worker, and if insufficient, the worker must make up the difference.

4. In the event of disputes arising from the service enterprise failing to return the deposit money, the worker has the right to lodge complaints with the Ministry of Labor, Invalids and Social Affairs or initiate legal proceedings in accordance with the law.

5. The Government shall specify the maximum deposit money for workers suitable for each market, industry, profession, and specific job, as well as the management, use, and repayment of the deposit money.

Article 26. Rights and Obligations of Service Enterprises

1. The service enterprise shall have the following rights:

a) Implementing the contents stipulated in Article 9 of this Law;

b) Agreeing with the worker on service fees, deposit money, and guarantees to implement the contract for sending Vietnamese workers to work abroad in accordance with this Law;

c) Unilaterally terminating the contract for sending Vietnamese workers to work abroad after the service enterprise has made three notifications by registered mail within 180 days from the date the worker terminates the labor contract, and the worker or the authorized representative of the worker does not terminate the contract, or from the date the worker extends the labor contract but does not fulfill the rights and obligations under the contract for sending Vietnamese workers to work abroad;

d) Filing complaints or initiating legal proceedings against decisions or actions violating the law in the field of sending Vietnamese workers to work abroad under contracts.

2. The service enterprise shall have the following obligations:

a) Implementing the provisions of Clause 2, Article 15, Clause 1, Article 16, Articles 17, 18, 19, 20, 27, 28, and 29 of this Law;

b) Publishing on the enterprise’s website information about the legal representative; list of staff members; main office address, business location, facilities serving pre-departure orientation education for workers before going to work abroad; decision assigning tasks to branches and updating changes in these contents; approval documents from the Ministry of Labor, Invalids and Social Affairs regarding the preparation of labor sources; full and accurate information about the number, selection criteria, working conditions, rights, and obligations of workers according to the content of the labor supply contract; list of workers participating in source preparation and selected;

c) Committing in writing to prioritize the selection of workers who have participated in the source preparation activities organized by the enterprise; in the event that the enterprise fails to comply with the commitment to prioritize the selection of workers after they have participated in source preparation, it must compensate according to the agreement; advertising, consulting, announcing the selection process, providing accurate information to workers and local authorities at the recruitment site about the number, selection criteria, working conditions, rights, and obligations of workers according to the content of the labor supply contract; directly selecting workers and not charging them for the selection process; implementing all contents of the approved labor supply contract;

d) Organizing and issuing certificates of completion of pre-departure orientation training courses for workers before going to work abroad in accordance with this Law; guiding workers to participate in social insurance in accordance with the Social Insurance Law;

đ) Committing in writing to the waiting period for departure after the worker is selected to work abroad, with a limit of no more than 180 days from the date of selection; in the event that the enterprise fails to comply with the commitment on the waiting period for departure, it must compensate according to the agreement and refund the costs paid by the worker, except in cases of force majeure.

e) Organize management and protection of the rights and legitimate interests of workers sent to work abroad by the enterprise; have competent staff with sufficient capacity to manage and support workers abroad in accordance with the regulations of the Minister of Labor, War Invalids and Social Affairs; provide legal assistance when workers need legal support due to abuse, violence, or discrimination during their time working abroad;

g) Implement requests from authorized agencies and coordinate with relevant agencies and organizations of the receiving country to resolve disputes related to workers; address issues arising in cases where workers die, suffer workplace accidents, occupational diseases, or have their lives, health, dignity, personality, property violated, or in cases of natural disasters, epidemics, war, political instability, or emergency situations;

h) Compensate workers for damages caused by the enterprise or its branches in accordance with the provisions of the law;

i) Terminate contracts sending Vietnamese workers to work abroad with workers within 180 days from the date the workers terminate their labor contracts;

k) Advise and support workers in procedures related to terminating labor contracts, benefits, and procedures for returning home;

l) Contribute to the Overseas Employment Support Fund in accordance with the provisions of this Law;

m) Regularly report annually or at any time on the operation of services sending Vietnamese workers to work abroad under contracts in accordance with the regulations of the Minister of Labor, War Invalids and Social Affairs;

n) Within five days from the date workers depart and monthly thereafter, update information about workers sent abroad by the enterprise on the Database System of Vietnamese Workers Working Abroad Under Contracts in accordance with the regulations of the Minister of Labor, War Invalids and Social Affairs until the termination of the contract sending Vietnamese workers to work abroad;

Article 27. Responsibilities of service enterprises in cases of returning or revoking the License

1. In cases of returning or revoking the License in accordance with Article 16 of this Law, the service enterprise shall not carry out activities stipulated in Clauses 1, 2, 3, and 4 of Article 9 of this Law and shall bear the following responsibilities:

a) Continue to fulfill obligations under labor supply contracts and contracts sending Vietnamese workers to work abroad for workers who have departed;

b) Resolve issues related to workers selected by the enterprise who are participating in vocational skill training, language training, and orientation education;

2. The management and use of the deposit money of the service enterprise in cases of returning or revoking the License shall be carried out in accordance with the provisions of Article 24 of this Law;

3. The management and use of the deposit money of workers in cases of returning or revoking the License shall be carried out in accordance with the provisions of Article 25 of this Law;

Article 28. Responsibilities of service enterprises in cases of dissolution

1. Service enterprises may only be dissolved in the following cases:

a) Having fulfilled all obligations under valid labor supply contracts and contracts sending Vietnamese workers to work abroad and settled all debts and other obligations in accordance with the law;

b) Having completed the transfer of rights and obligations related to the service of sending Vietnamese workers to work abroad under contracts to another service enterprise with a License after reaching agreement with the foreign party accepting the workers and obtaining approval from the Ministry of Labor, War Invalids and Social Affairs;

2. Within five working days from the date of passing the resolution to dissolve, the service enterprise must report to the Ministry of Labor, War Invalids and Social Affairs on the situation of workers sent to work abroad by the enterprise and the plan to fulfill the enterprise's obligations under valid labor supply contracts and contracts sending Vietnamese workers to work abroad, and the agreement document with the service enterprise receiving rights and obligations in the case stipulated in point b of Clause 1 of this Article;

3. The transfer of rights and obligations of the service enterprise to another service enterprise does not change the rights and obligations in contracts sending Vietnamese workers to work abroad;

When transferring rights and obligations to another service enterprise, service fees, worker deposits, assets used to guarantee the performance of surety obligations shall be transferred to the receiving service enterprise. Within five working days from the completion of the transfer of rights and obligations, the service enterprise must notify the Ministry of Labor, War Invalids and Social Affairs and the workers.

Article 29. Responsibilities of service enterprises in cases of bankruptcy

1. Within five working days from the date the Court issues the decision to initiate bankruptcy proceedings, the service enterprise must report to the Ministry of Labor - Invalids and Social Affairs on the situation of sending workers abroad for work and the plan to fulfill the obligations of the enterprise under valid labor supply contracts and contracts sending Vietnamese workers abroad for work.

2. From the date the Court issues the decision to initiate bankruptcy proceedings, the service enterprise shall not carry out the activities specified in Clauses 1, 2, 3, and 4 of Article 9 of this Law.

3. In case the Court issues a decision declaring the enterprise bankrupt, the transfer of rights and obligations to implement valid labor supply contracts and contracts sending Vietnamese workers abroad for work shall be regulated as follows:

a) The service enterprise agrees with another service enterprise holding a License to transfer rights and obligations of the enterprise after reaching consensus with the foreign party receiving the workers and obtaining approval from the Ministry of Labor - Invalids and Social Affairs on the transfer plan. The transfer of rights and obligations of the service enterprise to another service enterprise does not change the rights and obligations in the contract sending Vietnamese workers abroad for work.

When transferring rights and obligations to another service enterprise, the service fees, worker deposits, and assets used to guarantee the performance of the guarantee obligation shall be transferred to the receiving service enterprise. Within five working days from the completion of the transfer of rights and obligations, the service enterprise must notify the Ministry of Labor - Invalids and Social Affairs, the foreign receiving party, and the workers.

b) In case the service enterprise cannot agree on the transfer of rights and obligations to another service enterprise, it shall hand over all files of workers currently working abroad, worker deposits, assets used to guarantee the performance of the guarantee obligation, and advance service fees collected from workers to the Ministry of Labor - Invalids and Social Affairs for resolving the rights and obligations of workers sent abroad according to this Law.

Within five working days from the date of receipt of the handover, the Ministry of Labor - Invalids and Social Affairs shall notify the foreign receiving party and the workers according to the received files.

Section 2

VIETNAMESE ENTERPRISES THAT WIN OR ACCEPT CONTRACTS FOR PROJECTS ABROAD AND SEND VIETNAMESE WORKERS ABROAD TO WORK

Article 30. Conditions for Vietnamese enterprises that win or accept contracts for projects abroad to send Vietnamese workers abroad to work

1. Having a contract winning or accepting a project abroad.

2. Having a plan to send Vietnamese workers abroad for work in accordance with Vietnamese laws and the laws of the country where the workers will work, and reporting to the Ministry of Labor - Invalids and Social Affairs as stipulated in Article 31 of this Law.

3. Only sending Vietnamese workers who are currently working for the winning or accepting enterprise to work at the project abroad according to the winning or accepting contract.

Article 31. Report on Sending Vietnamese Workers to Work Abroad by Enterprises Winning and Undertaking Overseas Projects

1. At the latest twenty days before sending workers abroad, Vietnamese enterprises winning and undertaking overseas projects must report to the Ministry of Labor - Invalids and Social Affairs the plan for sending Vietnamese workers to work abroad along with a copy of the winning and undertaking contracts for overseas projects.

2. The content of the plan for sending Vietnamese workers to work abroad includes:

a) Management and utilization of workers abroad, specifying the number of workers sent, gender, industry, profession, specific job, working period, working hours, rest time, overtime, salary, working conditions, living conditions, medical examination and treatment system; risk management, rights and benefits resolution for workers in case of workplace accidents, occupational diseases, and other related rights and benefits;

b) Bringing workers back home in cases of natural disasters, epidemics, war, political instability, economic recession, emergency situations, or other force majeure reasons.

3. Within five working days from the date of receiving the plan for sending Vietnamese workers to work abroad, the Ministry of Labor - Invalids and Social Affairs shall respond in writing to the enterprise; if not approved, the reasons must be clearly stated.

4. Within five working days from the date of workers' departure, the winning and undertaking enterprise must update information about workers on the Database System for Vietnamese Workers Working Abroad under Contracts.

Article 32. Rights and Obligations of Enterprises Winning and Undertaking Overseas Projects Sending Vietnamese Workers to Work Abroad

1. Providing full, accurate, and clear information about working conditions, living conditions, rights, and benefits of workers at the winning and undertaking enterprises' projects abroad.

2. Organizing pre-departure orientation education courses for workers before they go to work abroad and issuing certificates of completion for such courses.

3. Directly organizing the dispatch, managing, and utilizing workers working abroad.

4. Agreeing with workers through appendices to labor contracts on additional contents regarding working periods, working hours, rest times, overtime, salaries, working conditions, living conditions, medical examination and treatment systems, and other appropriate rights and benefits in accordance with the plan for sending Vietnamese workers to work abroad stipulated in Clause 2 of Article 31 of this Law and Vietnamese laws, and the laws of the country where the workers will work.

5. Ensuring that workers undergo regular health checks including reproductive health and medical examinations and treatments when workers fall ill or have accidents. In cases where workers become too ill or injured to continue working abroad, the enterprise is responsible for bringing them back home and bearing all related costs.

6. Organizing the repatriation of remains or corpses of workers who die during their work abroad and bearing all related costs; implementing compensation and allowances according to Vietnamese laws.

7. Reporting and coordinating with Vietnamese representative offices abroad to manage and protect the legitimate and reasonable rights and interests of workers during their work abroad.

8. Reporting after completing the winning and undertaking contracts abroad and reporting promptly as required by the Ministry of Labor - Invalids and Social Affairs.

9. Fulfilling requirements of competent authorities and coordinating with relevant organizations of the country where workers work to resolve disputes related to workers working abroad; resolving issues arising in cases of worker death, accidents, or infringement of life, health, honor, dignity, property, or in cases of natural disasters, epidemics, war, political instability, economic recession, emergency situations, or other force majeure reasons.

Section 3

ORGANIZATIONS AND INDIVIDUALS OF VIETNAM INVESTING ABROAD SENDING VIETNAMESE WORKERS TO WORK ABROAD

Article 33. Conditions for organizations and individuals of Vietnam to invest abroad and send Vietnamese workers to work overseas

1. Possess a Certificate of Overseas Investment Registration.

2. Have a plan for sending Vietnamese workers to work overseas that complies with Vietnamese laws, laws of the country where the workers will be employed, and report to the Ministry of Labor - Invalids and Social Affairs as stipulated in Article 34 of this Law.

3. Only send Vietnamese workers to work at production and business establishments, construction projects established by the investing organization or individual in foreign countries.

Article 34. Reporting on Sending Vietnamese Workers to Work Overseas by Organizations and Individuals of Vietnam Investing Abroad

1. At least twenty days before sending workers overseas, organizations and individuals of Vietnam investing abroad must report to the Ministry of Labor - Invalids and Social Affairs their plan for sending Vietnamese workers to work overseas along with a copy of the Certificate of Overseas Investment Registration.

2. The content of the plan for sending Vietnamese workers to work abroad includes:

a) Management and utilization of workers overseas, including the number of workers sent, gender, industry, profession, specific job, duration of employment, working hours, rest time, overtime, wages, working conditions, living conditions, medical examination and treatment benefits; risk management, resolution of rights and benefits for workers in case of workplace accidents, occupational diseases, and other related benefits.

b) Bringing workers back home in cases of natural disasters, epidemics, war, political instability, economic recession, emergency situations, or other force majeure reasons.

3. Within five working days from the date of receipt of the plan for sending Vietnamese workers to work overseas, the Ministry of Labor - Invalids and Social Affairs shall respond in writing to organizations and individuals of Vietnam investing abroad; if not approved, the reasons must be clearly stated.

4. Within five working days from the date of departure of workers, organizations and individuals of Vietnam investing abroad must update information about workers on the Database System for Vietnamese Workers Working Overseas under Contracts.

Article 35. Rights and Obligations of Organizations and Individuals Investing Abroad and Sending Vietnamese Workers to Work Overseas

1. Provide full, accurate, and clear information about working conditions, living conditions, rights, and benefits of workers employed at production and business establishments, construction projects established by the investing organization or individual in foreign countries.

2. Organizing pre-departure orientation education courses for workers before they go to work abroad and issuing certificates of completion for such courses.

3. Directly organizing the dispatch, managing, and utilizing workers working abroad.

4. Agree with workers through an annex to the labor contract on additional contents regarding the duration of employment, working hours, rest time, overtime, wages, working conditions, living conditions, medical examination and treatment benefits, and other rights and benefits consistent with the plan for sending Vietnamese workers to work overseas as stipulated in Clause 2 of Article 34 of this Law and Vietnamese laws, laws of the country where the workers will be employed.

In cases of recruiting new workers, they must enter into a contract for sending Vietnamese workers to work overseas according to the content and form prescribed by the Minister of Labor - Invalids and Social Affairs and may not charge service fees from workers.

5. Terminate the contract for sending Vietnamese workers to work overseas with workers within 180 days from the date the workers terminate their labor contracts.

6. Ensure the rights of workers and resolve issues arising for workers sent by the enterprise.

7. Reporting and coordinating with Vietnamese representative offices abroad to manage and protect the legitimate and reasonable rights and interests of workers during their work abroad.

8. Regularly or exceptionally report annually on the implementation of sending Vietnamese workers to work overseas as prescribed by the Minister of Labor - Invalids and Social Affairs.

9. Fulfilling requirements of competent authorities and coordinating with relevant organizations of the country where workers work to resolve disputes related to workers working abroad; resolving issues arising in cases of worker death, accidents, or infringement of life, health, honor, dignity, property, or in cases of natural disasters, epidemics, war, political instability, economic recession, emergency situations, or other force majeure reasons.

Section 4

VIETNAMESE ENTERPRISES SENDING VIETNAMESE WORKERS OVERSEAS FOR TRAINING AND SKILL ENHANCEMENT

Article 36. Conditions for Vietnamese enterprises to send Vietnamese workers abroad for training and skill improvement

1. Have a training internship contract with the receiving institution abroad in accordance with the provisions of Article 37 of this Law, and such contract has been approved by the competent state agency as stipulated in Article 39 of this Law.

2. Have a deposit as required by the Government to implement the training internship contract.

3. Can only send workers who have employment contracts and vocational training contracts abroad to be trained and improve their skills at the overseas training reception institutions according to the training internship contract.

4. The specific industry, profession, and job that Vietnamese workers go abroad for training and skill improvement must be consistent with the business field of the enterprise.

Article 37. Training Internship Contract

1. The training internship contract is a written agreement between a Vietnamese enterprise and the receiving institution abroad regarding the rights and obligations of both parties in sending and receiving workers for training and skill improvement abroad.

2. The training internship contract must comply with Vietnamese law, the laws of the country receiving the training interns, and include the following contents:

a) Duration of the internship;

b) Number of workers; internship profession; age of workers;

c) Location of the internship;

d) Internship conditions and environment;

đ) Internship hours and rest hours;

e) Occupational safety and health;

g) Wages and remuneration;

h) Living and accommodation conditions;

i) Medical examination and treatment system;

k) Social insurance, health insurance, occupational accident insurance, occupational disease insurance, other insurances (if applicable);

l) Conditions for terminating the contract prematurely and liability for compensation;

m) Responsibility for covering travel expenses from Vietnam to the internship location and vice versa;

n) Responsibilities of each party when workers encounter risks during internships abroad;

o) Responsibilities of each party in resolving issues arising for workers during internships abroad;

p) Mechanism, procedures, and laws applied to resolve disputes;

q) Other agreements not contrary to the law and social morals.

Article 38. Overseas Vocational Training Contract

1. The overseas vocational training contract is a written agreement between a Vietnamese enterprise and its workers regarding training and skill improvement abroad.

2. The overseas vocational training contract must comply with the Labor Code and be consistent with the content of the training internship contract.

Article 39. Registration of Training Internship Contracts

1. Training internship contracts must be registered as follows:

a) Enterprises sending Vietnamese workers abroad for training and skill improvement for less than 90 days must register with the labor administration agency under the provincial People's Committee where the enterprise is headquartered;

b) Enterprises sending Vietnamese workers abroad for training and skill improvement for 90 days or more must register with the Ministry of Labor, Invalids, and Social Affairs.

2. Within five working days from the date of receipt of complete and valid documents as prescribed in Article 40 of this Law, the competent state agency as stipulated in Clause 1 of this Article must respond in writing to the enterprise; if it does not approve, it must clearly state the reasons.

Article 40. Documents for registering vocational training labor dispatch contracts

1. The documents for registering vocational training labor dispatch contracts include:

a) The registration document for vocational training labor dispatch contracts;

b) A copy of the vocational training labor dispatch contract accompanied by a certified Vietnamese translation;

c) Documentation proving that sending Vietnamese workers abroad for vocational training and skill enhancement complies with the laws of the receiving country;

d) A copy of the Enterprise Registration Certificate and documentation proving the enterprise's deposit as stipulated in Clause 2, Article 36 of this Law.

2. The Minister of Labor, Invalids, and Social Affairs shall prescribe the model documents for the items specified in points a and c, Clause 1 of this Article.

Article 41. Rights and Obligations of Vietnamese Enterprises Sending Workers Abroad for Vocational Training

1. The enterprises have the following rights:

a) To request workers to compensate for damages caused by them according to the overseas vocational training contract;

b) To lodge complaints or initiate lawsuits regarding decisions or actions violating the law in the field of Vietnamese workers going abroad to work under contracts.

2. The enterprises have the following obligations:

a) To provide full, accurate, and clear information on the contents prescribed in Clause 2, Article 37 of this Law;

b) To conclude a vocational training contract before the worker goes abroad for training and skill enhancement;

c) To organize for workers to participate in orientation education courses before going abroad for training and skill enhancement, and to issue certificates of completion of such courses;

d) Within five working days from the date of the worker's departure, the enterprise must update the worker's information in the database system for Vietnamese workers going abroad to work under contracts;

đ) To manage and protect the legitimate rights and interests of workers sent abroad for training and skill enhancement;

e) To report and cooperate with Vietnamese representative offices abroad to manage and protect the legitimate rights and interests of workers;

g) To terminate the overseas vocational training contract with the worker;

h) To compensate workers according to the signed contract and the provisions of the law regarding damages caused by the enterprise;

i) To accept and arrange suitable employment for workers after their period of training and skill enhancement abroad;

k) To settle workers' benefits in case the enterprise is dissolved or declared bankrupt as provided by law;

l) To report on the implementation of sending workers abroad for training and skill enhancement to the competent state agency as prescribed in Clause 1, Article 39 of this Law, as prescribed by the Minister of Labor, Invalids, and Social Affairs;

m) To comply with the requirements of the competent authority and cooperate with relevant agencies and organizations of the country where the workers go for training and skill enhancement to resolve disputes related to workers; to address issues arising in cases of worker death, accidents, or infringement of life, health, reputation, personality, property, or in cases of natural disasters, epidemics, war, political instability, economic downturn, emergency situations, or due to other force majeure reasons.

Section 5

STATE ENTERPRISE SENDING VIETNAMESE WORKERS ABROAD TO WORK UNDER CONTRACTS

Article 42. Conditions for state units to send Vietnamese workers to work abroad under contracts

1. State units specified in Clause 3, Article 2 of this Law shall be assigned tasks in writing by the Minister, Head of a ministerial-level agency, or Head of an agency under the Government regarding sending Vietnamese workers to work abroad under contracts to implement international agreements.

The Minister, Head of a ministerial-level agency, or Head of an agency under the Government may only assign tasks to one state unit to send Vietnamese workers to work abroad under contracts after obtaining written consent from the Ministry of Labor - Invalids and Social Affairs.

2. The head of a state unit sending Vietnamese workers to work abroad under contracts must have a bachelor's degree or higher and at least three years of experience in the field of sending Vietnamese workers to work abroad under contracts, international cooperation, or employment services.

3. State units sending Vietnamese workers to work abroad under contracts operate on a non-profit basis and are not allowed to charge service fees from workers.

Article 43. Rights and Obligations of State Units Sending Vietnamese Workers to Work Abroad Under Contracts

1. State units have the following rights:

a) To conclude labor supply contracts with foreign entities receiving workers when international agreements require it;

b) To select, train, and sign contracts to send Vietnamese workers to work abroad according to regulations stipulated by the Minister of Labor - Invalids and Social Affairs;

c) To agree with workers on guarantee deposits or guarantees to fulfill contractual obligations as prescribed by the Government;

d) To demand compensation from workers for damages caused by breaches of contracts to send Vietnamese workers to work abroad;

đ) To lodge complaints or initiate lawsuits against decisions or actions violating laws in the field of sending Vietnamese workers to work abroad under contracts;

e) To unilaterally terminate contracts to send Vietnamese workers to work abroad after the service enterprise has issued three written notices within 180 days from the date the worker terminates their labor contract, if the worker or the legally authorized representative of the worker does not settle the contract, or from the date the worker extends their labor contract without fulfilling their rights and obligations under the contract to send Vietnamese workers to work abroad.

2. State units have the following obligations:

a) To report to the Ministry of Labor - Invalids and Social Affairs and the management agency of the state unit about organizing the sending of Vietnamese workers to work abroad under contracts, along with copies of labor supply contracts (if any) and model contracts for sending workers to work abroad, at least 15 days before sending workers abroad;

b) To provide full and accurate information about the number, selection criteria, wages, working conditions, rights, and obligations of workers going to work abroad, and to publish this information on the state unit’s electronic information website;

c) To update information about workers sent abroad by the state unit in the database system on Vietnamese workers working abroad under contracts within five days from the date of departure and monthly thereafter;

d) To organize orientation education and issue certificates of completion of orientation education courses to workers before they go to work abroad;

đ) To cooperate with Vietnamese agencies abroad to manage and protect the legitimate rights and interests of workers, resolve issues arising during their time working abroad;

e) To terminate contracts to send Vietnamese workers to work abroad with workers within 180 days from the date the labor contract ends;

g) To regularly or exceptionally report annually on the operation of services sending Vietnamese workers to work abroad under contracts as prescribed by the Minister of Labor - Invalids and Social Affairs;

h) To comply with requests from competent authorities and coordinate with relevant agencies or organizations of the receiving country to resolve disputes related to workers; to address issues arising in cases where workers die, suffer workplace accidents, occupational diseases, or are violated in terms of life, health, reputation, personality, property, or in cases of natural disasters, epidemics, war, political instability, economic downturns, emergency situations, or due to other force majeure reasons;

i) To compensate workers according to the contract and legal provisions for damages caused by the state unit.

Chapter III

VIETNAMESE WORKERS GOING ABROAD FOR EMPLOYMENT UNDER CONTRACTS

Section 1

VIETNAMESE WORKERS GOING TO WORK ABROAD UNDER CONTRACTS WITH DOMESTIC ENTERPRISES, STATE UNITS, ORGANIZATIONS, AND INDIVIDUALS INVESTING OVERSEAS

Article 44. Conditions for workers dispatched abroad by domestic enterprises, public institutions, organizations, or individuals to work overseas

1. Having full capacity for civil conduct.

2. Voluntarily going to work overseas.

3. Meeting health requirements under Vietnamese law and the requirements of the foreign entity receiving the worker.

4. Meeting the requirements for language proficiency, expertise, qualifications, vocational skills, and other conditions as required by the foreign entity receiving the worker.

5. Holding a certificate of completion of orientation education course.

6. Not being subject to prohibitions on departure, denial of departure, or temporary suspension of departure according to Vietnamese law.

Article 45. Documents of workers dispatched to work overseas

1. Application for working overseas.

2. Curriculum vitae with confirmation from the People's Committee of the commune where the worker resides or the agency, organization, or unit managing the worker.

3. Certificate of health fitness as prescribed by the Minister of Health.

4. Certificate of completion of orientation education course.

5. Diplomas, certificates regarding language proficiency, expertise, qualifications, vocational skills, and other documents as required by the foreign entity receiving the worker.

Article 46. Rights and obligations of workers dispatched to work overseas by service enterprises

1. The rights and obligations stipulated in Article 6 of this Law.

2. Signing a contract for dispatching Vietnamese workers to work overseas with a service enterprise.

3. Entitled to compensation for damages in case the service enterprise breaches the contract for dispatching Vietnamese workers to work overseas.

4. Entitled to terminate the contract for dispatching Vietnamese workers to work overseas with the service enterprise if the service enterprise fails to fulfill its commitments under the contract for dispatching Vietnamese workers to work overseas, except in cases where both parties have agreed otherwise.

5. Entitled to extend or sign a new labor contract in accordance with the laws of the receiving country.

6. Agreeing with the service enterprise on service fees as stipulated in Article 23 of this Law.

7. Agreeing with the service enterprise on deposit money or introducing a guarantor to ensure the fulfillment of obligations under the contract for dispatching Vietnamese workers to work overseas.

8. Settling the contract for dispatching Vietnamese workers to work overseas with the service enterprise within 180 days from the date of termination of the labor contract.

Article 47. Rights and obligations of workers dispatched to work overseas by Vietnamese enterprises winning bids or taking over projects abroad or by Vietnamese organizations or individuals investing abroad

1. The rights and obligations stipulated in Article 6 of this Law.

2. Agreeing in writing with Vietnamese enterprises winning bids or taking over projects abroad or Vietnamese organizations or individuals investing abroad on the duration of work, working hours, rest periods, overtime pay, wages, working conditions, living conditions, medical examination and treatment systems, and other benefits and systems when working overseas in accordance with Vietnamese law and the laws of the receiving country.

3. Signing and settling contracts for dispatching Vietnamese workers to work overseas with Vietnamese organizations or individuals investing abroad.

4. Entitled to compensation for damages in case Vietnamese enterprises winning bids or taking over projects abroad or Vietnamese organizations or individuals investing abroad breach the agreement stipulated in Clause 2 of this Article.

Article 48. Rights and Obligations of Workers Going Abroad for Vocational Training and Skill Improvement

1. The rights and obligations stipulated in Article 6 of this Law.

2. Signing and terminating vocational training contracts abroad.

3. Being compensated for losses in cases where the enterprise violates the vocational training contract abroad when sending workers for training and skill improvement.

4. Being re-employed by the enterprise upon return to the country after completing the training program.

Article 49. Rights and Obligations of Workers Sent Abroad by Public Service Units

1. The rights and obligations stipulated in Article 6 and Clause 5 of Article 46 of this Law.

2. Signing contracts to send Vietnamese workers to work abroad with public service units.

3. Agreeing with public service units on guarantee measures such as deposit and suretyship to ensure compliance with the contract as prescribed by this Law.

4. Being compensated for losses in cases where public service units violate the contract to send Vietnamese workers to work abroad.

5. Terminating the contract to send Vietnamese workers to work abroad with public service units within 180 days from the date of termination of the labor contract.

Section 2

VIETNAMESE WORKERS GOING ABROAD FOR WORK UNDER DIRECT LABOR CONTRACTS

Article 50. Conditions for Vietnamese Workers Going Abroad for Work Under Direct Labor Contracts

1. The conditions stipulated in Clauses 1, 2, 3, 4, and 6 of Article 44 of this Law.

2. Having a labor contract as prescribed in Article 52 of this Law.

3. Having a confirmation document of labor contract registration issued by the specialized agency under the People's Committee of the province where the worker resides.

Article 51. Rights and Obligations of Vietnamese Workers Going Abroad for Work Under Direct Labor Contracts

1. Vietnamese workers going abroad for work under direct labor contracts have the following rights:

a) Receiving information on policies and laws regarding Vietnamese workers going abroad for work under contracts from the specialized labor agency under the People's Committee of the province and Vietnamese representative offices abroad;

b) Being protected by Vietnamese representative offices abroad in accordance with Vietnamese law, the law of the country where the worker is employed, and international law and practice during their time working abroad; receiving advice and support to exercise rights, fulfill obligations, and enjoy benefits under the labor contract;

c) Enjoying benefits from the Overseas Employment Support Fund and other benefits as prescribed by this Law and relevant laws;

d) Transferring back to Vietnam their lawful wages, income, and other personal assets according to Vietnamese law and the law of the country where they are employed.

2. Vietnamese workers going abroad for work under direct labor contracts have the following obligations:

a) Registering the labor contract;

b) Fulfilling the contents of the labor contract and workplace regulations;

c) Participating in social insurance, health insurance, unemployment insurance according to Vietnamese law and other forms of insurance as prescribed by the law of the country where they are employed;

d) Paying income tax according to Vietnamese law and the law of the country where they are employed;

đ) Contributing to the Overseas Employment Support Fund as prescribed by this Law;

e) Registering as a citizen at the Vietnamese representative office in the country where they are employed.

Article 52. Direct Labor Contract

1. A direct labor contract is a written agreement between a Vietnamese worker and an employer abroad regarding remunerative work, wages, working conditions, rights, and obligations of each party in the labor relationship.

2. The main contents of a direct labor contract must comply with the provisions of Vietnamese law and the law of the country where the worker will be employed, including:

a) Industry, profession, job to be performed;

b) Duration of the contract;

c) Place of work;

d) Working hours, rest periods, overtime;

đ) Wages, compensation;

e) Living conditions, accommodation, travel;

g) Medical examination and treatment system;

h) Social insurance, health insurance, occupational accident insurance, occupational disease insurance, other systems (if applicable);

i) Obligations of the foreign employer in case of workplace accidents or risks related to the worker during employment abroad;

k) Mechanism, procedures, and laws for resolving disputes.

Article 53. Registration of Labor Contracts

1. The registration dossier for labor contracts includes:

a) A registration document according to the model prescribed by the Minister of Labor, Invalids, and Social Affairs;

b) A copy of the labor contract accompanied by a certified Vietnamese translation;

c) A copy of the Identity Card, Citizen Identification Card, or Passport of the worker;

d) A resume confirmed by the People's Committee of the commune where the worker resides or the management agency, organization, or unit managing the worker.

2. Within five working days from the date of receiving complete and valid documents, the specialized labor agency under the provincial People's Committee shall confirm in writing the registration of the labor contract for the worker; if not confirmed, the reasons must be clearly stated.

Article 54. Conclusion of Labor Contracts After Departure

1. Vietnamese citizens who legally conclude labor contracts after departure shall enjoy the rights stipulated in points a, b, d, e, h, and i of Clause 1 of Article 6 of this Law if they register their labor contracts online with the competent state agencies of Vietnam and fulfill the obligations stipulated in points a, b, and i of Clause 2 of Article 6 of this Law.

2. The Government shall provide detailed regulations for this Article.

Section 3

GUARANTEE FOR VIETNAMESE WORKERS WORKING ABROAD UNDER LABOR CONTRACTS

Article 55. Conditions for Guarantors

1. Individuals with capacity for civil acts, organizations with capacity for civil legal acts.

2. Possess economic capability to ensure the fulfillment of guarantee obligations as prescribed by this Law.

Article 56. Cases and Scope of Guarantee

1. Guarantee is provided when workers do not have sufficient funds to deposit as required by Article 25 of this Law or to implement security measures agreed upon as stipulated in point c of Clause 1 of Article 43 of this Law.

2. The guarantor agrees with service enterprises or public institutions on the responsibility to guarantee part or all of the worker's obligations.

3. Guarantee is carried out in accordance with the Civil Code. If the guarantor fails to perform the guarantee obligation, the service enterprise or public institution has the right to request the guarantor to pay the value of the breached obligation and compensate for damages.

Article 57. Term for Fulfilling the Guarantee Obligation

The term for fulfilling the guarantee obligation shall be agreed upon between the guarantor and the service enterprise or public institution; if no agreement can be reached, the guarantor must fulfill the guarantee obligation within a reasonable period determined by the service enterprise or public institution from the date the guarantor receives the notification from the service enterprise or public institution regarding the performance on behalf of the worker.

Article 58. Guarantee Contract

1. The guarantee contract must be in writing.

2. The guarantee contract must include the following main contents:

a) Scope of guarantee;

b) Rights and obligations of the parties;

c) Termination of guarantee.

3. The Minister of Labor, Invalids and Social Affairs shall provide detailed regulations on the content of the guarantee contract and the settlement of the guarantee contract for Vietnamese workers going to work abroad under contracts.

Article 59. Measures to Ensure the Fulfillment of the Guarantee Obligation

1. The service enterprise or public institution may agree with the guarantor on the use of security measures by means of assets to fulfill the guarantee obligation.

2. The use of security measures by means of assets shall be established in a separate document or recorded in the guarantee contract.

3. The establishment and implementation of security measures by means of assets to fulfill the guarantee obligation shall be carried out in accordance with the provisions of civil law.

Section 4

SUPPORT FOR WORKERS AFTER RETURNING TO THE COUNTRY

Article 60. Support for Job Creation and Entrepreneurship

1. The Ministry of Labor, Invalids and Social Affairs shall coordinate with relevant ministries and sectors to guide provincial People's Committees in implementing policies to support workers in job creation and entrepreneurship; connect the database on Vietnamese workers going to work abroad under contracts with the labor market database so that employers and workers can access, exploit, and use information to find suitable jobs.

2. Provincial People's Committees shall base their conditions and economic and social capabilities and budgetary capacity to submit policies supporting local workers to the same-level People's Council for issuance; organize training courses to enable workers to utilize knowledge, skills, experience, and occupational qualifications.

3. Employment Service Centers shall provide comprehensive information about the labor market and recruitment needs of employers for workers to choose suitable jobs based on their accumulated knowledge, skills, experience, and occupational qualifications after working abroad.

4. Service enterprises shall assist in introducing jobs for workers after they return to the country.

Article 61. Support for Social Reintegration

Encourage organizations and individuals to participate in providing voluntary social psychological counseling services to help workers integrate into society after returning to the country.

Chapter IV

SKILL ENHANCEMENT, LANGUAGE TRAINING, AND GUIDANCE EDUCATION FOR WORKERS

Article 62. Purpose of Skill Enhancement, Language Training, and Guidance Education

Enhance the skills, language proficiency, and provide basic legal knowledge and other necessary knowledge for workers before going to work abroad to meet the requirements of the foreign labor market.

Article 63. Skill Enhancement and Language Training

During initial screening and selection, if the worker does not meet the skill and language requirements set by the foreign receiving party, the service enterprise or public institution may agree with the worker on providing skill enhancement and language training for the worker.

Article 64. Support for Vocational Education Institutions

The State has policies to support investment for vocational education institutions participating in the enhancement and improvement of workers' occupational skills and language proficiency for Vietnamese workers going abroad under contracts to meet the requirements of the foreign receiving party and comply with the provisions of the Law on Vocational Education.

Article 65. Orientation Education

1. The content of orientation education includes:

a) Traditions and cultural identity of the Vietnamese nation;

b) Basic knowledge of Vietnamese laws and laws of the labor-receiving country;

c) Basic contents of various types of contracts related to Vietnamese workers going abroad under contracts;

d) Skills in spending, saving, and sending money back home during work in a foreign country;

đ) Labor discipline, safety, and hygiene at work;

e) Customs, traditions, and culture of the labor-receiving country;

g) Ways of behavior in work and daily life;

h) Use of communication tools, transportation, shopping; use of equipment and devices for daily living;

i) Basic knowledge about forced labor, prevention and combating human trafficking, gender equality, sexual abuse, gender-based violence, and preventive skills;

k) Basic contents regarding protection of citizens, safeguarding legitimate rights and interests, and issues to be prevented during work in a foreign country;

l) Guidance on accessing job opportunities after returning home;

m) Information about hotlines and addresses supporting workers when encountering difficulties during work in a foreign country.

2. Enterprises, public institutions, organizations, and individuals sending Vietnamese workers to work abroad have the responsibility to organize orientation education so that workers obtain a certificate of completion of the orientation education course before going abroad to work.

3. The Minister of Labor, War Invalids and Social Affairs shall stipulate the program, content, duration of orientation education, model and validity period of the certificate of completion of the orientation education course.

Chapter V

FOREIGN WORK SUPPORT FUND

Article 66. Foreign Work Support Fund

1. The Foreign Work Support Fund is a state financial fund outside the budget under the Ministry of Labor, War Invalids and Social Affairs aimed at supporting development, stability, and expansion of the market; preventing, reducing, and mitigating risks for workers and enterprises; protecting the rights and legitimate interests of workers.

The Fund operates without profit-making objectives, has legal personality, and maintains independent accounting.

2. The Foreign Work Support Fund implements accounting, auditing systems, and publicly discloses annual operational results and audit results on the Ministry of Labor, War Invalids and Social Affairs' electronic portal in accordance with the law.

3. The Prime Minister decides to establish the Foreign Work Support Fund; stipulates the organizational operation of the Fund, management and utilization of the Fund, contribution levels of enterprises and workers to the Fund, expenditure items, and expenditure levels for tasks specified in Article 67 of this Law.

Article 67. Tasks of the Overseas Employment Support Fund

1. Provide support to workers in the following cases:

a) Workers must return to the country before the scheduled time due to work accidents, unexpected risks, illness, or disease to the extent that they can no longer continue working;

b) Workers must return to the country before the scheduled time because the employer abroad has ceased operations, gone bankrupt, or reduced production due to natural disasters, epidemics, political instability, war, economic downturns, or other force majeure reasons;

c) Workers must return to the country before the scheduled time due to unilateral termination of the labor contract as stipulated at point đ, Clause 1, Article 6 of this Law;

d) Resolve disputes arising related to workers in the activity of sending Vietnamese workers to work overseas under contracts;

đ) Provide support to the relatives of workers in the event of the worker's death or disappearance during their time working abroad.

2. Provide support to enterprises in the following cases:

a) Exploit, develop, and stabilize the overseas labor market;

b) Address risks related to workers sent by themselves.

3. Provide support for activities directly related to Vietnamese workers going to work overseas under contracts.

4. Management costs of the Overseas Employment Support Fund.

Article 68. Sources of Formation of the Overseas Employment Support Fund

1. Contributions from service enterprises.

2. Contributions from workers.

3. Other legitimate sources of revenue.

Chapter VI

STATE MANAGEMENT OF VIETNAMESE WORKERS GOING TO WORK ABROAD UNDER CONTRACTS

Article 69. Contents of State Management of Vietnamese Workers Going to Work Abroad Under Contracts

1. Develop and implement policies and plans for sending Vietnamese workers to work abroad under contracts in accordance with the conditions of economic and social development of the country in each period.

2. Develop, promulgate, implement, and disseminate and educate laws on Vietnamese workers going to work abroad under contracts.

3. Organize management and direct and guide the implementation of the management of Vietnamese workers going to work abroad under contracts.

4. Manage Vietnamese workers going to work abroad under contracts through codes integrated into the Database System on Vietnamese workers going to work abroad under contracts.

5. Promote expansion, stabilization, and development of the overseas labor market.

6. International cooperation in the field of Vietnamese workers going to work abroad under contracts.

7. Inspect, audit, handle violations, and resolve complaints and denunciations in the field of Vietnamese workers going to work abroad under contracts.

Article 70. Responsibilities for State Management of Vietnamese Workers Going to Work Abroad Under Contracts

1. The Government uniformly manages state affairs regarding Vietnamese workers going to work abroad under contracts.

2. The Ministry of Labor, Invalids, and Social Affairs is responsible to the Government for managing state affairs regarding Vietnamese workers going to work abroad under contracts and shall have the following responsibilities:

a) Publicly disclose information about the activity of sending Vietnamese workers to work abroad under contracts on the Ministry of Labor, Invalids, and Social Affairs' electronic portal;

b) Build, manage, operate, update, and share databases on Vietnamese workers going to work abroad under contracts;

c) Coordinate with the Ministry of Foreign Affairs to dispatch civil servants and provide guidance on labor management to overseas representative offices of Vietnam.

3. Ministries and ministerial-level agencies, within the scope of their tasks and authorities, coordinate with the Ministry of Labor, Invalids, and Social Affairs to manage state affairs regarding Vietnamese workers going to work abroad under contracts.

4. People's Committees at all levels manage state affairs regarding Vietnamese workers going to work abroad under contracts within their localities.

Article 71. Responsibilities of Vietnamese representative agencies abroad

1. Protecting the rights and legitimate interests of Vietnamese workers going to work abroad under contracts; handling violations committed by Vietnamese workers going to work abroad under contracts in accordance with laws on administrative offenses.

2. Cooperating with the Ministry of Labor - Invalids and Social Affairs in researching and understanding the market, policies, and laws of the host country regarding foreign workers; providing information and guiding businesses to access the market.

3. Supporting state management agencies for Vietnamese workers going to work abroad under contracts in assessing conditions for receiving labor and implementing contracts.

4. Supporting, guiding, and coordinating with Vietnamese enterprises, public institutions, organizations, and individuals investing abroad and agencies and organizations of the host country in managing and resolving issues arising with workers and repatriating workers.

5. Assisting workers to access, contribute, and complete procedures and receive support from the Overseas Employment Support Fund during their time working abroad.

Chapter VII

DISPUTE RESOLUTION

Article 72. Principles for Resolving Disputes

1. Disputes between workers and Vietnamese enterprises, public institutions, organizations, or individuals sending Vietnamese workers to work abroad under contracts shall be resolved based on the signed contracts between the parties and the provisions of Vietnamese law.

2. Disputes between Vietnamese workers and employers in the host country shall be resolved based on agreements reached between the parties and the laws of the host country, international treaties to which the Socialist Republic of Vietnam is a member, and international agreements signed by Ministries, ministerial-level agencies, or government agencies with foreign counterparts.

3. Disputes between service enterprises, public institutions sending Vietnamese workers to work abroad under contracts and foreign entities receiving labor or intermediary organizations shall be resolved based on agreements reached between the parties and the provisions of Vietnamese law, laws of the host country, international treaties to which the Socialist Republic of Vietnam is a member, and international agreements signed by Ministries, ministerial-level agencies, or government agencies with foreign counterparts.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 73. Effective Date

1. This Law takes effect from January 1, 2022.

2. The Law on Vietnamese Workers Going to Work Abroad Under Contracts number 72/2006/QH11 ceases to be effective from the date this Law takes effect.

Article 74. Transitional Provisions

1. From the date this Law takes effect:

a) Service enterprises that have been granted Licenses in accordance with the Law on Vietnamese Workers Going to Work Abroad Under Contracts number 72/2006/QH11 may continue operations under the Licenses already granted.

In cases where service enterprises do not meet the conditions stipulated in points a, b, d, đ, and e Clause 1 Article 10 of this Law, they must supplement all necessary conditions within twelve months; if they fail to do so, they must cease operations related to sending Vietnamese workers to work abroad and have their Licenses revoked.

b) Service enterprises that have been granted Licenses in accordance with the Law on Vietnamese Workers Going to Work Abroad Under Contracts number 72/2006/QH11 and meet the conditions stipulated in points a, b, d, đ, and e Clause 1 Article 10 of this Law may apply to change their Licenses if needed.

c) Contracts for sending Vietnamese workers to work abroad, training internships, and other related agreements signed and workers who have departed before this Law takes effect shall continue to be implemented until the end of the contracts.

d) Labor supply contracts and internship reception contracts signed before this Law takes effect shall continue to be implemented until the end of the contracts concerning workers who departed before July 1, 2022; in cases where workers depart from July 1, 2022, labor supply contracts and internship reception contracts must be reviewed and renegotiated to amend, supplement, or sign new contracts in compliance with this Law.

2. The Government shall specify the dossier and procedures for changing Licenses as stipulated in point b Clause 1 of this Article.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, Session XIV, 10th Meeting, on November 13, 2020.