THE NATIONAL ASSEMBLY
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
On Vietnamese Guest Workers
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Vietnamese Guest Workers.
Article 1. Scope of regulation
This Law prescribes the rights, obligations and responsibilities of Vietnamese guest workers, enterprises, non-business units, and agencies, organizations and individuals involved in the field of Vietnamese guest workers; refresher training in occupational knowledge and skills and foreign language and orientation education for workers; the Fund for Overseas Employment Support; policies toward workers; and state management of the field of Vietnamese guest workers.
Article 2. Subjects of application
1. Vietnamese guest workers.
2. Vietnamese enterprises sending Vietnamese workers abroad as guest workers.
3. Public non-business units of ministries, ministerial-level agencies or government-attached agencies (below referred to as non-business units) assigned to send Vietnamese workers abroad as guest workers.
4. Agencies, organizations and individuals involved in the field of Vietnamese guest workers.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Vietnamese guest worker means a Vietnamese citizen aged full 18 years or older and residing in Vietnam who goes abroad to work in accordance with this Law.
2. Overseas employer means an enterprise, organization or individual that directly hires or employs overseas Vietnamese workers under labor contracts.
3. Worker-receiving foreign partner means an overseas employer or overseas employment service organization.
4. Discrimination means an act of practicing discrimination, exclusion or preference based on race, skin color, national origin or social origin, nationality, gender, age, pregnancy status, marital status, religion, belief, political view, physical disability, family responsibility, or HIV infection status, or for the reason of establishing, joining, or operating in a trade union organization or an employees’ organization at an enterprise, which affects equality in employment or career opportunities.
Acts of discrimination, exclusion or preference stemming from particular requirements of a job and acts of maintaining and securing jobs for vulnerable workers shall not be regarded as acts of discrimination.
5. Forced labor means the use of force or threat to use force or other tricks to force a person to work against his/her will.
6. Database on Vietnamese guest workers means a collection of figures and information on Vietnamese guest workers.
Article 4. The State’s policies on Vietnamese guest workers
1. To encourage the raising of technical qualifications and expertise of Vietnamese guest workers; to effectively utilize returned workers.
To offer special mechanisms and policies for Vietnamese guest workers performing specific professions, occupations or jobs with high technical expertise or professions, occupations or jobs in which Vietnam has strengths in order to attract, promote, and support the development of, professions, occupations and jobs which Vietnamese workers can perform aboard as guest workers and to employ returned workers in conformity with the socio-economic conditions in each period under the Government’s regulations.
2. To protect the lawful rights and interests of Vietnamese workers, enterprises, organizations and individuals in the field of Vietnamese guest workers.
3. To expand international cooperation in the development of new and safe labor markets with well-paid jobs and professions, occupations and jobs that help raise occupational knowledge and skills for Vietnamese guest workers.
4. To guarantee gender equality, job opportunities and non-discrimination in the recruitment of, and refresher training in occupational skills and foreign languages and orientation education for Vietnamese guest workers; to take measures to support and protect Vietnamese guest workers in conformity with their gender characteristics.
5. To help returned guest workers reintegrate into the society and participate in the labor market.
Article 5. Forms of contract applicable to Vietnamese guest workers
1. Contracts on the sending of Vietnamese workers abroad, signed with non-business units to implement international agreements.
2. Contracts or written agreements on the sending of Vietnamese workers abroad, signed with:
a/ Vietnamese enterprises providing the service of sending Vietnamese workers abroad as guest workers;
b/ Vietnamese enterprises that have won or received contracts to execute works or projects abroad;
c/ Vietnamese enterprises sending Vietnamese workers abroad for occupational knowledge and skills training or improvement;
d/ Vietnamese organizations and individuals making offshore investment.
3. Labor contracts signed by Vietnamese workers directly with overseas employers.
Article 6. Rights and obligations of Vietnamese guest workers
1. Vietnamese guest workers have the following rights:
a/ To be provided with information on Vietnam’s policies and laws on Vietnamese guest workers; relevant policies, laws and customs and practices of the host country; and the rights and obligations of parties when going abroad to work as guest workers;
b/ To be provided with counseling and support for exercising and performing their rights and obligations and enjoying benefits under labor contracts or vocational training contracts;
c/ To be entitled to salaries, wages, medical examination and treatment, social insurance and occupational accident insurance regimes, and other benefits and policies under labor contracts; to transfer their salaries, wages, incomes and other lawful assets back home under the laws of Vietnam and the host country;
d/ To have their lawful and legitimate rights and interests protected while working abroad in accordance with the laws of Vietnam and the host country as well as international law and practices;
dd/ To unilaterally terminate their labor contracts when employers maltreat them or force them to work against their will, or when they face explicit risks directly threatening their life or health or experience sexual harassment while working abroad;
e/ To be entitled to labor and employment support policies and benefits from the Fund for Overseas Employment Support in accordance with law;
g/ To be not required to pay double social insurance premiums or personal income tax in Vietnam and the host country if Vietnam and such country have acceded to an agreement on social insurance or agreement on double taxation avoidance;
Click download to see the full text
 Công Báo Nos 1183-1184 (24/12/2020)