Decree No. 81/2003/ND-CP detailing and guiding the implementation of the Labor Code regarding Vietnamese workers working abroad

DECREE OF THE GOVERNMENT

Detailed regulations and guidance on implementing the Labour Code regarding workers

Vietnam working abroad  Vietnamese Male working overseas

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002;

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

 

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation.

This Decree stipulates conditions for issuing and revoking export labor activity permits; registering export labor contracts; rights and obligations of businesses sending Vietnamese workers to work abroad; rights and obligations of Vietnamese workers working abroad; the Export Labor Support Fund; state management over Vietnamese workers working abroad.

Article 2. Scope of Application.

1. Businesses permitted to send workers to work abroad include:

a) Businesses with an export labor activity permit;

b) Vietnamese businesses Male undertaking projects or subcontracts abroad using Vietnamese Male;

labor; Male investing abroad using Vietnamese Male.

labor. Male 2. Vietnamese  workers going to work abroad under the forms prescribed in Clause 2, Article 3 of this Decree include workers, experts, and trainees (hereinafter collectively referred to as workers).

Article 3. Principles and Forms of Working Abroad.

1. Businesses sending workers to work abroad must meet the conditions stipulated in this Decree.

2. Vietnamese workers going to work abroad under the following forms:

a) Through Vietnamese businesses Male permitted to supply labor under contracts signed with foreign parties;

b) Through Vietnamese businesses Male undertaking projects or subcontracts or investing abroad;

c) Under individual labor contracts directly concluded between the worker and the employer abroad (hereinafter referred to as individual contracts).

Article 4. Registration of Contracts for Sending Workers Abroad and Individual Contracts.

1. Businesses specified in Clause 1, Article 2 of this Decree must register contracts for sending workers abroad with the Ministry of Labor, Invalids and Social Affairs.

2. Vietnamese workers going to work abroad under the form prescribed in point c, Clause 2, Article 3 of this Decree must register their contracts with the Department of Labor, Invalids and Social Affairs at their place of residence. In case the worker is residing abroad, registration shall be made at the diplomatic mission, consular office, or other agency authorized to perform consular functions of Vietnam (hereinafter referred to as the Vietnamese representative office) in that country.

Article 5. State Management Agencies for Vietnamese Workers Working Abroad. Male Vietnamese

working abroad.  Vietnamese Male The Ministry of Labor, Invalids and Social Affairs exercises unified state management over

working abroad throughout the country.

Article 6. Application of Law. Male 1. Sending Vietnamese Male workers to work abroad must comply with the provisions of this Decree and international treaties to which Vietnam

is a party or has acceded. Male 2. Where an international treaty to which Vietnam

is a party or has acceded provides differently from the provisions of this Decree, the provisions of such international treaty shall apply.

Article 7. Prohibited Acts. Male 1. Sending Vietnamese Maleworkers to work in areas, occupations, and jobs prohibited by Vietnamese

law and the law of the receiving country. Male 2. Sending Vietnamese

 

Chapter II

workers to work abroad contrary to the provisions of this Decree. YEAR

Health examination hospitals must meet the standards of general hospitals at level II or higher according to the classification of the Ministry of Health and satisfy specific conditions as follows:

 

Section I

BUSINESS SENDING VIETNAMESE WORKERS ABROAD

BUSINESS OPERATING EXPORT LABOR

Article 8. Subjects Eligible for Export Labor Activity Permits.

Businesses eligible for consideration for export labor activity permits include:

1. State-owned enterprises;

2. Joint-stock companies in which the State holds controlling shares;  3. Enterprises under central agencies of organizations: Vietnam Fatherland Front, Vietnam General Confederation of Labor,

Vietnam Women's Union, Communist Youth Union Ho Chi Minh, Vietnam Veterans Association, Vietnam Farmers' Union, Vietnam Federation of Trade Unions, and enterprises under the Vietnam Chamber of Commerce and Industry;

Article 9. Conditions for Issuing an Export Labor Permit.

1. Having a project on export labor activities of the enterprise in accordance with the guidelines of the Ministry of Labor, Invalids and Social Affairs;  the labor export activities of enterprises in accordance with the guidelines of the Ministry of Labor - Invalids and Social Affairs;

2. Having a registered capital of VND 5 billion or more;

3. Having a stable workplace and training-educational facilities to orient workers going abroad;

4. Having at least seven full-time staff members with a college degree or higher in economics, law, and foreign languages. These full-time staff members must have clear backgrounds, good moral character, no criminal records, and not be subject to disciplinary actions of warning or higher in export labor activities;

5. Depositing VND 500 million in a bank.

Article 10. Procedures for Issuing an Export Labor Permit.

1. The application for issuing an export labor permit shall be submitted to the Ministry of Labor, Invalids and Social Affairs, including:

a) An application form for issuing a permit according to the model prescribed by the Ministry of Labor, Invalids and Social Affairs;

b) A request letter from the relevant ministries, sectors, central agencies mentioned in Clause 3, Article 8 of this Decree, and the provincial People's Committee managing the enterprise;

c) Copies of the decision on establishment of the enterprise and business registration certificate;

d) Documents proving the conditions stipulated in Article 9 of this Decree.

2. Time limit for issuing the permit.

Within fifteen working days from the date of receiving complete and valid documents, the Ministry of Labor, Invalids and Social Affairs shall issue the permit to the enterprise. In case of refusal to issue the permit, the enterprise must be notified in writing with specific reasons.

Article 11. Suspension and Revocation of Export Labor Activity Permits.

1. Enterprises shall be suspended or have their export labor activity permits revoked in the following cases:

a) Violating Clause 1, Article 7 of this Decree;

b) Being administratively penalized three times;

c) Not sending more than one hundred workers abroad within eighteen months from the date of issuance of the permit;

d) Being dissolved or declared bankrupt.

2. The Ministry of Labor, Invalids and Social Affairs shall decide on suspension and revocation of the permit in accordance with Clause 1 of this Article.

3. When an enterprise is suspended from conducting export labor activities, it still bears the responsibility to continue managing workers sent abroad during their work period overseas and fulfilling the terms of contracts signed with them.

4. When an enterprise is dissolved or declared bankrupt, the management agency shall be responsible for handling issues related to workers sent abroad in accordance with the guidance of the Ministry of Labor, Invalids and Social Affairs.

Article 12. Replacement of Export Labor Activity Permit when the Enterprise Changes Ownership Form.

An enterprise that has been issued an export labor activity permit, when changing to a Limited Liability Company with one member or a Joint Stock Company where the State holds controlling shares, if its export labor activities are effective and do not violate the provisions of this Decree, shall be granted a new permit; in special cases, when changing to a Joint Stock Company where the State does not hold controlling shares, the Prime Minister shall examine and decide.

Article 13. Procedures for registering labor export contracts.

1. The registration dossier includes:

a) A contract registration form as prescribed by the Ministry of Labor, Invalids and Social Affairs;

b) A copy of the labor supply contract signed with the foreign party;

c) Copies of other documents from the receiving country.

2. Time limit for registration:

Within five working days from the date of receipt of complete and valid dossiers, if the Ministry of Labor, Invalids and Social Affairs finds that the submitted contract does not meet the required conditions, it shall issue a document refusing to approve the implementation of the contract.  to implement contracts.

Article 14. Rights and obligations of enterprises engaged in labor export activities.

1. Proactively surveying the labor market, directly signing and implementing labor supply contracts with foreign countries in accordance with Vietnamese laws and the laws of the receiving country. Male For specific trades and new markets, they must follow the guidelines of the Ministry of Labor, Invalids and Social Affairs.

Enterprises are entitled to favorable conditions created by the State in conducting market surveys, developing markets, training skills and foreign languages for workers, and enhancing the capabilities of staff directly involved in labor export tasks.

2. Registering labor export contracts in accordance with Clause 1 of Article 4 and Article 13 of this Decree.

3. Publicly announcing standards, selection criteria, rights, and obligations of workers. 4. Closely coordinating with localities, production facilities, and training institutions to source and directly select export labor; prioritizing the recruitment of policy beneficiaries and the poor; not charging selection fees from workers.

After six months from the date of successful recruitment, if the enterprise has not been able to send workers abroad, it must clearly inform the workers of the reasons; if the workers no longer have the need or the enterprise cannot fulfill the contract, the enterprise must refund all amounts paid by the workers to the enterprise.

5. Organizing orientation training and education for workers before they work abroad in accordance with the law.

6. Signing contracts for workers to work abroad; organizing the departure and return of workers; terminating signed contracts in accordance with the law.

7. Collecting and remitting the following items:

a) Collecting service fees for labor export from workers in accordance with Clause 6 of Article 18 of this Decree; remitting funds into the Labor Export Support Fund as stipulated in Clause 2 of Article 23 of this Decree;

b) Collecting and remitting the full amount of deposit (if any) collected from workers in accordance with Clause 7 of Article 18 of this Decree into the enterprise's account opened at a State Commercial Bank within fifteen days from the date of collecting the deposit from workers; fully repaying the deposit and interest on deposits to workers upon completion of the contract signed with the enterprise;

In cases where the deposit is deemed insufficient to cover compensation, the enterprise may agree with the worker on a guarantee or surety arrangement to ensure the fulfillment of the worker's contractual obligations with the enterprise and the foreign employer. The establishment and execution of such agreements shall comply with the provisions of the Civil Code.

c) Collecting social insurance premiums and income tax (if applicable) from workers to be remitted to the Social Insurance Authority and Provincial Tax Authority; keeping and confirming entries in the workers' social insurance books.

8. Being responsible for monitoring, managing, and protecting the legitimate rights of workers during their employment period abroad. Depending on the foreign labor market, the enterprise must have labor management staff. In case of accidents, occupational diseases, or death of workers, the enterprise must cooperate with relevant parties to promptly determine the cause and resolve benefits for the workers.

9. Compensating or requesting foreign partners to compensate workers for damages caused by the enterprise or foreign partners according to Vietnamese and local laws.

10. Initiating lawsuits at People's Courts to claim compensation for damages caused by workers violating contracts in accordance with the law.

11. Complaining to competent state agencies about violations of laws in the field of labor export.  12. Implementing regular and ad hoc reports as prescribed by the Ministry of Labor, Invalids and Social Affairs. Male 13. Being assigned tasks to export labor to no more than two subordinate units located in different provinces (cities) and must report to the Ministry of Labor, Invalids and Social Affairs.

ENTERPRISES THAT CONTRACT OR SUBCONTRACT PROJECTS

ABROAD AND EMPLOY VIETNAMESE LABOR

12. To submit regular and ad hoc reports as prescribed by the Ministry of Labor - Invalids and Social Affairs.

13. To be assigned the task of exporting labor to no more than two subordinate units located in different provinces (cities) and must report to the Ministry of Labor - Invalids and Social Affairs.

 

PART II

ENTERPRISES THAT SUBCONTRACT OR TAKE ON PROJECTS

 INVESTMENT  ABROAD USING VIETNAMESE LABOR YEAR

Article 15. Conditions for registering contracts to send Vietnamese workers abroad. Male - A list of human resources, medical equipment, technical capabilities, and facilities of the hospital, meeting the conditions set out in Section II of this Circular.

Enterprises that undertake construction projects or investments overseas and send Vietnamese workers Male to work abroad must meet the following conditions:

1. Have a contract for undertaking construction projects or investment projects overseas which includes the need to use Vietnamese Male;

2. Have an implementation plan for the contract that has been approved within the appropriate authority.

Article 16. Procedures for registering contracts to send workers to work abroad.

1. The registration dossier includes:

a) A contract registration form for sending Vietnamese workers to work abroad according to the model prescribed by the Ministry of Labor, Invalids and Social Affairs;

b) Relevant documents related to the use of Vietnamese Male workers abroad to implement contracts for undertaking construction projects or investment projects overseas including:

A copy of the relevant provisions of the contract for undertaking construction projects or investment projects related to the use of Vietnamese Male abroad;

Copies of relevant documents from the receiving country concerning the acceptance of foreign workers;

Plan for sending Vietnamese Male workers to work abroad, relevant regulations concerning the rights of workers such as: wages, insurance...  Within seven working days from the date of receipt of complete and valid dossiers, the Ministry of Labor, Invalids and Social Affairs shall issue a document refusing to allow the execution of the contract if it does not meet the stipulated conditions.

2. Time limit for registration:

Article 17. Rights and obligations of enterprises undertaking construction projects or investments overseas using Vietnamese

Workers with contracts for undertaking construction projects or investments overseas have rights and obligations as prescribed by Vietnamese labor laws Male.

and rights and obligations stipulated in Clauses 3, 5, 6, 8, 9, 10, 11, 12 of Article 14. Male VIETNAMESE WORKERS 2. Civil servants, officials, and officers belonging to the armed forces working directly and regularly in the field of foreign affairs and international integration shall be recognized as being proficient in rare foreign languages if they meet the following conditions:

 

Chapter III

 GOING YEAR  TO WORK ABROAD  Article 18. Rights and obligations of workers going to work abroad through enterprises engaged in labor export activities.

1. To be provided with information on policies and laws on labor export; information on recruitment standards and conditions, contract duration, type of job and place of work, working and living conditions, wages, overtime pay, other allowances (if any), social insurance benefits, and other necessary information according to the labor supply contract.

2. To be trained and educated with orientation and issued certificates; to pay tuition fees as prescribed by law.

3. To sign a contract to go work abroad with a labor exporting enterprise, sign a labor contract with foreign employers; to fulfill all signed contracts and workplace rules. Not to unilaterally terminate contracts or organize others to terminate labor contracts.

4. To ensure their rights under signed contracts as prescribed by Vietnamese

and local laws. To be protected by Vietnamese Male diplomatic and judicial authorities abroad. Male 5. To comply with Vietnamese

and local laws, respect customs and traditions, and maintain good relations with the local population. Strictly follow state regulations on managing Vietnamese Male citizens abroad. Male 6. To pay service fees for labor export to labor exporting enterprises:

Not exceeding one month's salary according to the contract for one year of work. For officers and seafarers working on sea transport ships, not exceeding 1.5 months' salary according to the contract for one year of work;

7. To deposit a security deposit (if any) and to fulfill the pledge agreement or guarantee for labor exporting enterprises to ensure the fulfillment of contracts to work abroad.

8. To pay income tax as prescribed by Vietnamese

9. To participate in the social insurance system as prescribed by current Vietnamese Male 13. Being assigned tasks to export labor to no more than two subordinate units located in different provinces (cities) and must report to the Ministry of Labor, Invalids and Social Affairs.

10. To repatriate foreign currency earnings and equipment, raw materials according to Vietnamese Male.

11. To lodge complaints, denunciations, or lawsuits with competent state agencies regarding violations by labor exporting enterprises; to lodge complaints with competent agencies of the host country regarding violations by employers. Male.

12. To compensate damages to labor exporting enterprises and be subject to penalties for breach of contract as prescribed by law.

13. To be compensated for damages caused by labor exporting enterprises breaching contracts as prescribed by law.

13. To be compensated for damages caused by violations of labor export contracts by the enterprise according to the provisions of the law.

Article 19. Rights and Obligations of Workers Working for Enterprises Undertaking Contracts, Subcontracts, and Overseas Investment Projects.

Workers working for enterprises undertaking contracts, subcontracts, and overseas investment projects have rights and obligations as prescribed by Vietnamese labor laws.  and the rights and obligations stipulated in Clauses 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of Article 18 of this Decree. Male Article 20. Rights and Obligations of Workers Directly Signing Labor Contracts with Foreign Employers.

Workers directly signing labor contracts with foreign employers have the rights and obligations stipulated in Clauses 3, 4, 5, 8, 9, 10, and 11 of Article 18 of this Decree and must register their contracts in accordance with Clause 2 of Article 4 of this Decree. The procedures for registering contracts shall be specified by the Ministry of Labor, Invalids, and Social Affairs.

Article 21. Extension of Labor Contracts.

1. Vietnamese workers going to work abroad through enterprises engaged in labor export, if their contracts are extended or renewed, must report to the enterprise and comply with the provisions of this Decree regarding their rights and obligations.

2. Workers directly signing labor contracts with foreign employers, upon expiration of their contracts, if their contracts are extended or renewed, must report to the Vietnamese representative office in the host country and comply with the provisions of this Decree regarding their rights and obligations. Male LABOR EXPORT SUPPORT FUND

Article 22. Establishment of the Labor Export Support Fund.

 

 

Chapter IV

The Prime Minister decides on the establishment and organizational structure and operation of the Labor Export Support Fund to develop the international labor market; improve the quality and competitiveness of Vietnamese labor in the international labor market; and support risks for workers and enterprises involved in labor export activities.

Sources of Formation of the Labor Export Support Fund.

2. Contributions from enterprises engaged in labor export: Enterprises contribute 1% of their service fees from labor export to the Labor Export Support Fund, which can be accounted for as business expenses.

Article 23. Use of the Labor Export Support Fund.

1. State budget allocation.

1. Supporting costs for developing new labor markets.

2. Supporting the training of export labor sources..

3. Other sources.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."3. Supporting workers and enterprises to address risks in labor export activities.

4. Awarding enterprises, agencies, organizations, and individuals with outstanding achievements in labor export activities.

5. Other support measures decided by the Prime Minister.

STATE MANAGEMENT OF LABOR EXPORT

Article 25. Responsibilities of the Ministry of Labor, Invalids, and Social Affairs.

1. Cooperating with relevant agencies to study and develop the market, build strategies, plans, and master plans for labor export, and direct implementation.

 

 

Chapter V

2. Studying and drafting legal regulations, policies, and mechanisms for labor export to submit to the Government for promulgation or promulgate within its authority; guiding and organizing implementation.

3. Negotiating and signing international agreements on sending Vietnamese workers

to work abroad

pursuant to authorization.

4. Specifying the documents required for workers going to work abroad; listing prohibited occupations, jobs, and areas for Vietnamese workers. Male 5. Building and guiding the implementation of training plans for export labor sources; specifying training and education programs and foreign language courses for workers before they go to work abroad; training export labor enterprise staff and foreign labor management personnel. 6. Issuing licenses in accordance with Article 10; suspending the operation of labor export activities for a limited period in accordance with Clause 2 of Article 35; suspending or revoking licenses for labor export activities in accordance with Clause 2 of Article 11 of this Decree.

7. Receiving and managing contracts of enterprises in accordance with Articles 13 and 16; temporarily suspending contract execution in accordance with Clause 2 of Article 35 of this Decree. Male Vietnamese

8. Inspecting and supervising relevant agencies, organizations, and enterprises in implementing the dispatch of Vietnamese workers

9. Cooperating with ministries, ministerial-level agencies, government agencies, central agencies of organizations mentioned in Clause 3 of Article 8 of this Decree, and provincial people's committees related to managing Vietnamese workers working abroad; cooperating with the Ministry of Foreign Affairs and the Ministry of Home Affairs to organize labor management boards under Vietnamese representative offices in countries and regions with many Vietnamese workers in accordance with the Ordinance on Representative Offices of the Socialist Republic of Vietnam Abroad.

10. Annually reporting to the Prime Minister on the situation of Vietnamese workers

working abroad for a fixed term. Male - A list of human resources, medical equipment, technical capabilities, and facilities of the hospital, meeting the conditions set out in Section II of this Circular.

9. To coordinate with ministries, ministerial-level agencies, central agencies of organizations mentioned in Clause 3, Article 8 of this Decree, and provincial People's Committees related to resolving issues arising from the management of Vietnamese workers working abroad; to coordinate with the Ministry of Foreign Affairs and the Ministry of Interior to organize the Labor Management Board under Vietnam's Representative Office in countries and regions with many Vietnamese workers in accordance with the Ordinance on Vietnam's Representative Offices Abroad.

10. To report annually to the Prime Minister on the situation of Vietnamese workers Male working abroad for a limited period.

Article 26. Responsibilities of Relevant Ministries and Agencies.

1. The Ministry of Foreign Affairs shall direct Vietnamese representative offices abroad to coordinate with the Ministry of Labor, Invalids, and Social Affairs in implementing state management over Vietnamese workers overseas; promptly provide the Ministry of Foreign Affairs, the Ministry of Labor, Invalids, and Social Affairs, and relevant ministries and agencies with information on foreign labor markets and the situation of Vietnamese workers in host countries.

2. The Ministry of Finance shall take the lead in coordinating with the Ministry of Labor, Invalids, and Social Affairs to specify detailed regulations on the collection, utilization, and management of the Export Labor Support Fund; fees for issuing permits, training and orientation fees, labor export service fees, brokerage fees in labor export (consulting contract exploitation fees), deposit amounts and management procedures for workers.

3. The Ministry of Public Security shall issue passports for workers in accordance with the law and within its scope of responsibility, coordinate with the Ministry of Labor, Invalids, and Social Affairs in preventing and combating violations of laws in the field of labor export activities.

4. The Ministry of Health shall coordinate with the Ministry of Finance to uniformly stipulate health examination fees for workers going to work abroad; direct healthcare facilities to organize health examinations and be responsible for the results of such examinations for workers.

5. The Ministry of Planning and Investment shall coordinate with the Ministry of Labor, Invalids, and Social Affairs to develop annual and five-year plans for labor export.

6. The Ministry of Trade and the State Bank of Vietnam shall study and submit to the Government for issuance, or issue according to their authority, policies creating favorable conditions for workers and enterprises engaged in labor export to exercise rights specified in Clause 10, Article 18 of this Decree. The State Bank of Vietnam Male shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs to guide the deposit for labor export activities as prescribed in Clause 5, Article 9 of this Decree. 2. Civil servants, officials, and officers belonging to the armed forces working directly and regularly in the field of foreign affairs and international integration shall be recognized as being proficient in rare foreign languages if they meet the following conditions:

7. The Ministry of Culture and Information shall coordinate with relevant agencies to guide and direct mass media organizations in providing information and propaganda services for the labor export strategy of the Party and the State; promptly and strictly handle cases of inaccurate and unobjective reporting that affects labor export activities.

8. The Ministry of Justice shall take the lead and coordinate with the Ministry of Labor, Invalids, and Social Affairs, the Supreme People's Court, and the Supreme People's Procuracy to implement the provisions set forth in Article 32 of this Decree.

Article 27. Responsibilities of Ministries, Agencies Equivalent to Ministries, Government Agencies, Central Agencies of Organizations Specified in Clause 3, Article 8 of this Decree, and Provincial People's Committees with Enterprises Sending Workers Abroad.

1. Implement state management over labor export activities of enterprises under their jurisdiction.

2. Direct enterprises sending workers abroad under their jurisdiction to fulfill their rights and obligations as prescribed in Articles 14, 16, and 17; ensure and create favorable conditions for workers going abroad to fulfill their rights and obligations as prescribed in Articles 18 and 19 of this Decree.  Articles 14, 16, and 17; to ensure and create conditions for Vietnamese workers going to work abroad to exercise their rights and fulfill their obligations as stipulated in Articles 18 and 19 of this Decree.

3. Inspect and supervise labor export activities at enterprises under their jurisdiction; promptly detect and handle violations related to labor export activities.

4. Annually assess labor export activities of enterprises under their jurisdiction and report to the Ministry of Labor, Invalids, and Social Affairs for consolidation and reporting to the Government.

Article 28. Responsibilities of the People's Committee at the provincial level.

1. Implement state management over labor export within its jurisdiction.

2. Direct specialized agencies under its authority and People's Committees at lower levels:

a) Promote and disseminate policies and guidelines on labor export;

b) Create sources and introduce workers who are well-disciplined and comply with legal regulations to participate in recruitment for overseas work;

c) Coordinate with enterprises engaged in labor export to recruit workers locally; determine the responsibilities of workers' families to ensure that workers fulfill their rights and obligations stipulated in contracts signed with enterprises and overseas employment contracts.

3.  Inspect and monitor labor export activities within the locality; promptly detect and handle violations related to labor export activities.

Article 29. In case of force majeure.

In cases of force majeure where it is impossible for workers to continue working in the receiving country, the enterprise management agency responsible for sending Vietnamese workers abroad shall direct the enterprise to organize the return of workers to Vietnam; if this exceeds the capacity, they shall coordinate with the Ministry of Foreign Affairs, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to develop a plan for worker repatriation to be submitted to the Prime Minister for decision.

 

Chapter VI

 SETTLEMENT OF DISPUTES, COMPLAINTS, AND REPORTS,

 REWARD AND VIOLATION HANDLING

Article 30. Principles for dispute resolution.

1. Direct negotiation and self-settlement between the disputing parties in an objective and timely manner.

2. Resolution through mediation and arbitration based on respect for the rights and interests of all parties, respect for the common interests of society, and compliance with Vietnamese law. Male 13. Being assigned tasks to export labor to no more than two subordinate units located in different provinces (cities) and must report to the Ministry of Labor, Invalids and Social Affairs.

3. Enterprises have the responsibility to resolve disputes arising from their labor export activities. In complex cases affecting bilateral labor relations, they must report promptly and fully and present a resolution plan to the enterprise management agency and the Ministry of Labor, Invalids and Social Affairs.

Article 31. Legal Framework for Dispute Resolution.

1. Disputes between Vietnamese workers Male and enterprises sending them to work abroad shall be resolved based on the overseas employment contract signed between both parties and Vietnamese law. Male.

2. Disputes between Vietnamese workers Male and foreign employers shall be resolved based on the employment contract signed between both parties and the laws of the receiving country.

3. Disputes between Vietnamese enterprises Male and foreign partners not directly employing workers shall be resolved based on the contract signed between both parties. If the contract does not specify applicable law, then the law of the receiving country shall apply.

4. Disputes between Vietnamese enterprises Male and foreign employers shall be resolved based on the contract signed between both parties (if any), and other relevant contracts. If the contract does not specify applicable law, then  the law of the receiving country shall apply.

5. Disputes involving multiple parties shall be resolved according to the law chosen by mutual agreement among the parties; if no agreement can be reached, then the law of the receiving country shall apply.

Article 32. Competence to settle disputes.

Disputes related to labor export involving Vietnamese law shall be resolved in accordance with the joint guidance of the Ministry of Justice, the Ministry of Labor, Invalids and Social Affairs, the Supreme People's Procuracy, and the Supreme People's Court.

Article 33. Handling complaints and reports on labor export.

1. Complaints of workers and enterprises engaged in labor export shall be examined and concluded upon by the Director of the Overseas Labor Management Department under the Ministry of Labor, Invalids and Social Affairs, who will recommend measures for resolution to the Minister of Labor, Invalids and Social Affairs; reports on labor export shall be examined and concluded upon by the head of the inspection agency under the Ministry of Labor, Invalids and Social Affairs, who will recommend measures for resolution to the Minister of Labor, Invalids and Social Affairs.  labor export activities shall be reviewed, concluded, and recommendations made by the Director of the Overseas Labor Administration under the Ministry of Labor - Invalids and Social Affairs for the Minister of Labor - Invalids and Social Affairs to take measures to resolve; complaints about labor export shall be examined, concluded, and recommendations made by the head of the inspection agency under the Ministry of Labor - Invalids and Social Affairs for the Minister of Labor - Invalids and Social Affairs to take measures to resolve.

2. If dissatisfied with the decision on handling complaints and reports, workers and enterprises engaged in labor export have the right to lodge a complaint with the Minister of Labor, Invalids and Social Affairs,  or initiate administrative litigation in accordance with the provisions of the law.

Article 34. Awards.

Agencies, organizations, and individuals, both domestic and foreign, who achieve outstanding results in labor export activities shall be rewarded in accordance with the provisions of the law.

Article 35. Handling violations.

1. Agencies, organizations, and individuals violating the provisions of this Decree shall be dealt with according to the provisions of Vietnamese law, depending on the nature and severity of the violation.  in accordance with the provisions of Vietnamese law Male.

2. Enterprises sending workers to work abroad that violate the provisions of this Decree shall be subject to administrative penalties; additionally, depending on the nature and severity of the violation, enterprises may face supplementary penalty measures: compensation for damages (if any), temporary suspension of contract implementation or suspension of labor export operations for a specified period in accordance with the regulations of the Ministry of Labor, Invalids and Social Affairs.

3. Workers violating the terms of their contracts signed with labor export enterprises shall be handled as follows:  as follows:

Warning and notification to their families, places of residence, and workplaces before departure;

Compensation for damages caused in accordance with Vietnamese law Male.

In cases where workers violate the terms of their employment contracts signed with employers, they shall be handled in accordance with the laws of the host country.

4. During their time working abroad, if workers unilaterally terminate their contracts, they shall be handled as follows:

a) Compensating for losses suffered by Vietnamese labor export enterprises Maleincluding:

Recruitment and training costs (if any) for working abroad;

Service fees for the remaining period of the contract;

Penalties and compensation amounts that Vietnamese enterprises Male pay to receiving enterprises in the host country;

Other actual and reasonable losses caused by unilateral termination of the contract to Vietnamese enterprises Male.

b) Being compelled to return to Vietnam and bear all repatriation costs; not allowed to work abroad for a period of five years from the date of return.

c) Notification to their families, places of residence, and workplaces before departure.

 

Chapter VII

IMPLEMENTING PROVISIONS

 

Article 36. Effective Date.

This Decree shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Government Decree No. 152/1999/NĐ-CP dated September 20, 1999, concerning the dispatch of Vietnamese workers and experts to work abroad for a limited period.

Enterprises that have been operating labor export activities under Government Decree No. 152/1999/NĐ-CP dated September 20, 1999, shall continue to use their licenses for twelve months from the effective date of this Decree. Enterprises meeting the conditions stipulated in this Decree shall be issued new licenses.

The service fee for labor export stipulated in Clause 6, Article 18 of this Decree shall apply to workers going to work abroad from the effective date of this Decree.

Article 37. Responsibilities for guidance and implementation.

The Ministry of Labor - Invalids and Social Affairs, relevant ministries and agencies shall coordinate to guide the implementation of this Decree.

The ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial People's Committees under the central government shall be responsible for implementing this Decree./.