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1. Forms of Vietnamese workers going to work abroad under contract
– The contract for sending Vietnamese workers (VN workers) to work abroad with the career unit to implement international agreements.
– Agreements to send VN workers to work abroad are signed with entities such as:
+ Vietnamese enterprises operating the service of sending VN workers to work abroad under contract;
+ Vietnamese enterprises winning bids, undertaking projects abroad;
+ Vietnamese organizations, individuals investing abroad;
+ Vietnamese enterprises sending VN workers for training, upgrading skills abroad.
– The labor contract is directly contract between VN workers and foreign employers.
2. Conditions for granting the License for sending VN workers to work abroad under contract (License)
According to the law, the service of sending VN workers to work abroad must have a License issued by the Minister of the Ministry of Labor, War Invalids and Social Affairs. To be granted a License, the enterprise must meet the following conditions:
– Have charter capital of 5 billion VND or more;
– Have owners, members, shareholders who are domestic investors;
– Have complied with the capital reserve obligations as prescribed by law;
– Have a legal representative who is a Vietnamese citizen as prescribed by law;
– Have sufficient staff to implement the activities of sending VN workers to work abroad under contract;
– Have stable facilities to meet the requirements of education and career orientation for VN workers;
– Have an electronic information page.
3. Cases where the enterprise has the License revoked
Based on the guidance in the official letter No. 569/LDTBXH-QLLDNN dated February 24, 2023, when the enterprise returns or has the License revoked, it must take responsibility for:
– Continuing to fulfill obligations under the contract with the workers who have already exited the country;
– Resolving issues related to workers selected by the enterprise, currently participating in skill training, language training, and career orientation.
(Law on Vietnamese workers working abroad under contract)
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
