Quyết định 68/2001/QĐ-TTg của Thủ tướng Chính phủ về một số biện pháp xử lý đối với tu nghiệp học sinh Việt Nam tại Nhật Bản và Hàn Quốc tự ý bỏ hợp đồng tu nghiệp

DECISION

ON A NUMBER OF MEASURES TO HANDLE VIETNAMESE APPRENTICES IN JAPAN AND THE REPUBLIC OF KOREA WHO ABANDON THEIR INDENTURES AT THEIR OWN WILL

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Governments Decree No. 152/1999/ND-CP of September 20, 1999 stipulating the sending of Vietnamese laborers and specialists abroad to work for a definite time;

In order to rectify the situation of abandoning indentures by Vietnamese apprentices in Japan and the Republic of Korea at their own will;

At the proposals of the Minister of Justice and the Minister of Labor, War Invalids and Social Affairs,

DECIDES:

Article 1.-Vietnamese citizens who have been sent for apprenticeship or technical practice in Japan and the Republic of Korea through Vietnamese service enterprises supplying apprentices (hereinafter referred to as the apprentices for short) but abandoned their indentures at their own will shall be handled according to the provisions of this Decision.

Article 2.-Apprentices defined in Article 1 of this Decision shall be subject to the following handling measures:

1. Paying compensations to service enterprises supplying apprentices (hereinafter referred to as the Vietnamese enterprises for short) for damage and expenses related to the abandoning of indentures at the apprentices own will, including:

a/ Expenses for recruiting and training activities in service of apprenticeship in Japan and the Republic of Korea;

b/ Service charges for remaining months under their indentures for overseas apprenticeship already signed with the Vietnamese enterprises;

c/ Fines and compensations which must be paid by the Vietnamese enterprises to receiving enterprises of the host countries;

d/ Other actual and reasonable damage, which has been caused to the Vietnamese enterprises by the abandoning of indentures at the apprentices own will.

2. Forced repatriation and payment of all expenses therefor;

3. Notification of the abandoning of indentures at the apprentices own will to their families, the working places where they had worked before going for apprenticeship and the Peoples Committees of communes, wards or district townships where they had resided.

Article 3.-

1. Deposits received by the Vietnamese enterprises from the apprentices according to the provisions of Clause 3, Article 9 of the Governments Decree No.152/1999/ND-CP of September 20, 2001 shall be used to make compensations according to the provisions of Clauses 1 and 2, Article 2 of this Decision. The withholding of deposits shall be made according to the regulations of the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs.

In cases where they deem that the deposits are not enough for compensations, the Vietnamese enterprises may request and reach agreements with persons who wish to become apprentices on collateral or security measures to secure the performance of obligations by apprentices under indentures signed with the Vietnamese enterprises and receiving enterprises. The conclusion and performance of the collateral or security agreements shall comply with the provisions of the Civil Code.

2. Enterprises shall not recruit apprentices defined in Article 1 of this Decision for apprenticeship, technical practice or working in foreign countries within 5 years after they return to Vietnam.

Article 4.-

1. The repatriation of apprentices according to the provisions of Clause 2, Article 2 of this Decision shall be effected as follows:

a/ Within 7 days after the receipt of notices on the abandoning of indentures by apprentices at their own will from the receiving enterprises of the host countries, the Vietnamese enterprises shall have to request in writing the Vietnamese diplomatic missions or consular offices in Japan and the Republic of Korea to send such persons home. The written requests shall be concurrently sent to the Department for Management of Labor Cooperation with Foreign Countries under the Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as the Department for Management of Labor Cooperation with Foreign Countries) to serve as reports.

b/ Right after the date of receiving written requests from the Vietnamese enterprises, the Vietnamese diplomatic missions or consular offices shall have to coordinate with the competent authorities of the host countries and the competent bodies at home in the repatriation of apprentices.

The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility and coordinate with the Ministry for Foreign Affairs and the Ministry of Public Security in prescribing in detail the procedures for coordination between the competent bodies at home and the Vietnamese diplomatic missions and consular offices in Japan and the Republic of Korea in implementing the provisions at this Point.

c/ Right after the date of receiving notices from the Vietnamese diplomatic missions or consular offices in Japan and the Republic of Korea, the Vietnamese enterprises shall have to buy air tickets for the repatriates and pay in advance expenses related to the repatriation of such persons.

2. The Ministry of Justice shall assume the prime responsibility and coordinate with the Ministry for Foreign Affairs and the Ministry of Labor, War Invalids and Social Affairs in reaching agreements with the competent authorities of Japan and the Republic of Korea on the procedures and order for coordinating in the repatriation of apprentices.

Article 5.-The Department for Management of Labor Cooperation with Foreign Countries shall have to effect the handling measures prescribed in Clause 3, Article 2 and Clause 2, Article 3 of this Decision.

The Ministry of Labor, War Invalids and Social Affairs shall prescribe in detail the procedures and order for implementing the provisions of this Article.

Article 6.-

1. This Decision takes effect 15 days after its signing.

Those apprentices who canceled their indentures at their own will before the effective date of this Decision and have not yet been handled shall now be handled according to the provisions of this Decision.

2. The Ministry of Labor, War Invalids and Social Affairs shall have to guide and inspect the implementation of this Decision.

3. This Decision shall be notified to apprentices before they go for apprenticeship or technical practice in Japan or the Republic of Korea. The provisions of Articles 2 and 3 of this Decision must be specified in indentures signed between the Vietnamese enterprises and the apprentices.

Article 7.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decision.