Approval of the Law on Vietnamese Workers Working Under Contracts (Amended)

16/11/2020, 09:06 AM

On November 13, 2020 the National Assembly passed the Law on Vietnamese workers working abroad under the contract (amended).

The Law on Vietnamese workers working abroad under contracts (amended) regulates the rights, obligations and responsibilities of Vietnamese workers working abroad under contracts, enterprises and units. careers and agencies, organizations and individuals related to Vietnamese workers working abroad under contracts; fostering vocational skills, foreign languages, orientation education for employees; overseas employment support fund; policies for employees; State management in the field of Vietnamese workers working abroad under contract.

Subjects of application of the law include: Vietnamese workers working abroad under contract; Enterprises sending Vietnamese workers to work abroad under contracts; Public non-business units of ministries, ministerial-level agencies and Government-attached agencies are tasked with sending Vietnamese workers to work abroad under contracts; agencies, organizations and individuals related to the domain of Vietnamese workers working abroad under the contract.

The forms of Vietnamese employees working abroad under contracts as prescribed by law include: Contracts for sending workers abroad to sign with public non-business units under ministries or level agencies. government ministries and agencies to implement international agreements; The labor contract is signed by the employee directly with the overseas employer.

Contract or written agreement on sending workers abroad to sign with the following enterprises, organizations or individuals: Vietnamese enterprises providing the services of sending Vietnamese workers to work abroad under contracts; Vietnamese enterprises that win bids or receive contracts for works and projects overseas; Vietnamese enterprises send workers abroad to train and improve their qualifications and skills; Vietnamese organizations and individuals investing abroad.

Prohibited acts in the field of Vietnamese workers working abroad under contracts under the provisions of the Law include: enticing, seducing, promising, advertising, providing false information or using other tricks to deceive workers; taking advantage of activities of sending workers abroad to organize illegal exit, trafficking, exploiting, forcing labor or committing other illegal acts. Support workers or directly carry out procedures for workers to work abroad when they are not accepted by a competent state agency in accordance with this Law. Forcing, enticing, seducing and deceiving Vietnamese workers to stay abroad. Discrimination; offending the honor and dignity of the employee; forced labor in the field of Vietnamese employees working abroad under contracts. Providing services for sending Vietnamese workers abroad under contracts without permits; to use the permit of another enterprise or to let another person use the enterprise's license to send Vietnamese workers to work abroad under the contract. Taking advantage of activities of preparing sources and recruiting workers to work abroad to illegally collect money from them.

The law provides for the contents of state management of Vietnamese workers working abroad under contracts, including: To work out and organize the implementation of policies and plans to send Vietnamese workers abroad under contracts in accordance with the country's socio-economic development conditions from time to time. To elaborate, promulgate, organize the implementation of, and propagate, disseminate and educate, the law on, Vietnamese workers working abroad under contracts. Manage, direct and guide the management of Vietnamese employees working abroad under contracts. Promote the expansion, stability and development of the overseas labor market. International cooperation in the field of Vietnamese workers working abroad under contract. Examining, inspecting, handling violations, settling complaints and denunciations in the field of Vietnamese workers working abroad under contracts, etc…

This Law takes effect on January 1, 2022. The Law on Vietnamese workers working abroad under contract No. 72/2006 / QH11 ceases to be effective on the effective date of this Law.

Source: Bao Chinh Phu

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