Thông tư 21/2021/TT-BLĐTBXH hướng dẫn Luật Người lao động Việt Nam đi làm việc ở nước ngoài theo hợp đồng

CIRCULAR

Detailing a number of articles of the Law on Vietnamese Guest Workers

Pursuant to the Law No. 69/2020/QH14 dated November 13, 2020 on Vietnamese Guest Workers;

Pursuant to the Government’s Decree No. 14/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the The Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of the Department of Overseas Labour;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular detailing and guiding the implementation of a number of articles of the Law No. 69/2020/QH14 dated November 13, 2020 on Vietnamese Guest Workers (hereinafter referred to as Law No. 69/2020/QH14) as follows:

Article 1. Scope of regulation

This Circular stipulates in detail a number of articles and clauses of the Law on Vietnamese Guest Workers as follows:

1. Dossiers for preparation of worker sources specified in Clause 5, Article 18.

2. Specific contents of labor supply contracts specified in Clause 3, Article 19.

3. Documents proving that the sending of Vietnamese workers abroad as guest workers complies with the law of the host country prescribed in Clause 4, Article 20; documents proving that the sending of Vietnamese workers abroad for training or improvement of occupational knowledge and skills complies with the law of the host country defined in Clause 2, Article 40.

4. The maximum commission level under brokerage contracts prescribed in Clause 3, Article 22.

5. The maximum service charge amount defined at Point c, Clause 4, Article 23.

6. Professional staff in charge of management and provision of support for guest workers defined at Point e, Clause 2, Article 26.

7. Contents of guarantee contracts and the liquidation of guarantee contracts specified in Clause 3, Article 58.

8. Programs, contents and duration of orientation education, and form and validity period of certificates of completion of orientation education courses specified in Clause 3, Article 65.

9. The form of written requests for registration of labor supply contracts prescribed in Clause 4, Article 20; form of written requests for registration of intern acceptance contracts defined in Clause 2, Article 40; form of written requests for registration of directly signed labor contracts specified at Point a, Clause 1, Article 53.

10. Form of contracts on the sending of Vietnamese workers abroad signed between workers and service enterprises defined in Clause 3, Article 21; contents and form of contracts on the sending of Vietnamese workers abroad signed between workers and Vietnamese organizations or individuals making offshore investment stipulated in Clause 4, Article 35; between workers and non-business units prescribed at Point b, Clause 1, Article 43.

11. The annual reporting regime for service enterprises specified at Point m, Clause 2, Article 26, for Vietnamese organizations or individuals making offshore investment defined Clause 8, Article 35, for non-business units prescribed at Point g, Clause 2, Article 43; reporting on the implementation of the sending of workers abroad for training or improvement of occupational knowledge and skills specified at Point l, Clause 2, Article 41.

Article 2. Subjects of application

1. Vietnamese guest workers.

2. Vietnamese enterprises providing the service of sending Vietnamese workers abroad as guest workers.

3. Vietnamese enterprises sending Vietnamese workers abroad for training or improvement of occupational knowledge and skills.

4. Vietnamese organizations and individuals making offshore investment to send Vietnamese workers abroad.

5. Public non-business units of ministries, ministerial-level agencies or government-attached agencies assigned to send Vietnamese workers abroad as guest workers.

6. Other agencies, organizations and individuals related to the implementation of this Circular.

Article 3. Dossiers for preparation of worker sources

A dossier for preparation of worker sources includes:

1. A document on preparation of worker sources, made according to Form No. 01 in the Appendix I to this Circular.

2. A copy of the written request of a worker-receiving foreign partner; or cooperation agreement between a Vietnamese enterprise and a worker-receiving foreign partner together with its certified Vietnamese translation, including the following contents:

a) Number of workers to be prepared by the Vietnamese enterprise, professions, occupations, their gender;

b) Workers’ occupational knowledge and skills, foreign language skills;

c) Basic information about the overseas jobs (workplace, wage amount, the term of the contract);

d) Estimated duration of selection.

3. A document proving that a foreign partner is permitted by a competent authority of the host country to recruit foreign workers, for the foreign partner entering into cooperation with a Vietnamese service enterprise for the first time. Such document may be:

a) 01 copy of the operation license granted by a competent agency of the host country in case the worker-receiving foreign partner is an employment service organization; or

b) 01 copy of any in the following documents, in case the worker-receiving foreign partner is the employer: written approval of the employment of foreign workers granted by the competent agency of the host country; notice the quota on accepted foreign workers granted by the competent agency of the host country; other papers permitting the recruitment of foreign workers in accordance with the laws of the host country.

4. A plan on preparation of worker sources, including:

a) Expected number of workers (the maximum expected number of workers shall equal to the amount specified at Point a, Clause 2 of this Article); their professions, occupations; their gender; their occupational knowledge and skills, foreign language skills;

b) Method of the preparation of worker sources:

b1) Preliminary selection (if any): Start time of preliminary selection, location of preliminary selection;

b2) Expected training of vocational skills (if any): Time (start time, finish time), place, form of training (directly/via training linkage);

b3) Expected foreign language training (if any): Time (start time, finish time), place, form of training (directly/via training linkage).

5. A commitment to prioritizing the recruitment of workers who have participated in worker source preparation activities. Such document shows that the enterprise prioritizes the recruitment of workers who have participated in worker source preparation activities when performing labor supply contracts.

Article 4. Specific contents of labor supply contracts

Specific contents of a labor supply contract according to market, profession, occupation and job shall be as follows:

1. For professions, occupations and jobs in the Japanese labor market, the specific contents are defined in the Appendix II issued together with this Circular.

2. For professions, occupations and jobs in the labor market of Taiwan (China), the specific contents are defined in the Appendix III issued together with this Circular.

3. For professions, occupations and jobs in the Korean labor market, the specific contents are defined in the Appendix IV issued together with this Circular.

4. For professions, occupations and jobs in the labor market of West Asia, Central Asia and Africa, specific contents are defined in the Appendix V issued together with this Circular.

5. For professions, occupations and jobs in the labor market of Europe and Oceania, the specific contents are defined in the Appendix VI issued together with this Circular.

6. For professions, occupations and jobs in the labor market of Americas, the specific contents are defined in the Appendix VII issued together with this Circular.

7. For professions, occupations and jobs in the labor market of China, Macau (China) and Southeast Asia, the specific contents are defined in the Appendix VIII issued together with this Circular.

8. For jobs performed at international seas, the specific contents are defined in the Appendix IX issued together with this Circular.

Article 5. Documents proving that the sending of Vietnamese workers abroad as guest workers complies with the law of the host country

1. For the Malaysian labor market and the labor market of Taiwan (China), proving documents include:

a) 01 copy of the paper on appraisal of the dossier for recruitment of Vietnamese workers issued by the representative mission of Vietnam in the country or territory;

b) 01 copy of the license of foreign worker recruitment granted by a competent agency of the host country to the employer, together with its Vietnamese translation.

2. For other countries and territories:

a) In case the worker-receiving foreign partner is the foreign employer, proving documents include:

a1) 01 copy of the employer’s business license or business registration that shows the business field suitable to the professions, occupations and jobs requiring foreign workers, and its Vietnamese translation;

a2) 01 copy of a document of the competent agency of the host country allowing the employer to recruit foreign workers or the list of professions, occupations and jobs for which the recruitment of foreign workers is permitted as defined by the host country, and its Vietnamese translation.

b) In case the worker-receiving foreign partner is an employment service organization, proving documents include:

b1) 01 copy of the employment service organization’s business license or business registration that shows the employment service is included in its business lines, and its Vietnamese translation;

b2) 01 copy of the cooperation agreement or written request or written authorization to recruit Vietnamese workers of the employer towards the employment service organization, and its Vietnamese translation;

b3) Proving documents for the employers specified at Point a of this Clause.

Article 6. Documents proving that the sending of Vietnamese workers abroad for training or improvement of occupational knowledge and skills complies with the law of the host country

In case the law of the host country or territory stipulates that the receipt of Vietnamese workers abroad for training or improvement of occupational knowledge and skills must be approved by the competent agency, the proving document shall be one of the following papers:

1. 01 copy of the written permission on the receipt of foreign interns of the intern-accepting institution, issued by a competent agency of the host country.

2. Another paper showing that the intern-accepting institution is permitted to receive interns in accordance with the host country’s regulations.

Article 7. Maximum commission levels under brokerage contracts

1. The maximum commission level under a brokerage contract shall be according to the agreement between a service enterprise and an intermediary organization or individual but does not exceed half of the worker’s monthly wage stated in the labor contract for every 12 working months. For cases of labor contracts with the definite term of 36 months or more, the maximum commission level under a brokerage contract does not exceed 1.5 of the worker’s monthly wage stated in the labor contract.

2. The maximum commission levels under brokerage contracts for a number of markets, professions, occupations and jobs are specified in the Appendix X issued together with this Circular.

Article 8. Maximum service charge amounts collected from workers for a number of markets, professions, occupations and jobs

The maximum service charge amounts collected from workers for a number of markets, professions, occupations and jobs are specified in the Appendix XI issued together with this Circular.

Article 9. Professional staff in charge of management and provision of support for guest workers

The following service enterprises must assign at least a professional staff in the host country or territory to manage and provide support for workers:

1. Service enterprises with 500 or more workers working in Taiwan (China), Korea, Macao (China), Japan.

2. Service enterprises with 300 or more workers working in other countries or territories.

Article 10. Contents of guarantee contracts

A guarantee contract includes the following key contents:

1. Parties

a) The guarantor that is an individual or organization fully meeting the conditions prescribed in Article 55 of the Law No. 69/2020/QH14;

b) The principal that is a Vietnamese guest worker;

c) The creditor that is a service enterprise or non-business unit that sends Vietnamese workers abroad as guest workers.

2. Scope of guaranty

The guarantor may commit to guarantee part or the whole of the following obligations of the principal:

a) Payment of unpaid service charges by the principal;

b) Payment of the expenses of compensation for damage caused by the principal’s breach of the contract;

c) Payment of the interests in case of late payment of amounts within the guaranty scope. The interests shall be calculated based on the interest rate applicable to demand deposits in Vietnam dong applied by the concerned credit institution as agreed upon by the parties and corresponding to the late payment period at the time of payment.

3. Rights and obligations of the parties

a) Rights of the guarantor

a1) To receive complete and accurate information about the rights and obligations of the principal towards the creditor that are provided by the creditor, the principal and related parties;

a2) To request the creditor to notify the principal’s workplace, employment situation, income, health, working and living conditions;

a3) To request the creditor to properly perform its commitments with the guarantor and the principal;

a4) To claim compensation for damage and use such compensation amount to offset an obligation with the creditor (if any) in case the creditor fails to perform or performs improperly or incompletely all the obligations mentioned at Points d1), d2), d4) and d8) of this Article, thereby causing damage to the guarantor;

a5) Be informed by the creditor or the principal that the principal has performed the guaranteed obligation;

a6) To request the creditor to return papers and documents proving the financial capability, capacity and reputation of the guarantor (if any) when the guarantee contract is terminated;

a7) To request the principal to perform his/her/its obligations towards the guarantor within the scope of the performed guaranteed obligation, unless otherwise agreed upon.

a8) To request the creditor to return his/her/its property received or the value corresponding to the part of the guaranteed obligation performed in case the principal still performs the guaranteed obligation.

b) Obligations of the guarantor

b1) To transfer papers and documents proving their financial capability, capacity, reputation and other necessary papers to the creditor;

b2) To mobilize and educate the principal to properly fulfill the obligations under the contract signed with the creditor; take necessary measures to prevent and remedy damage caused by the principal’s breach of the contract;

b3) To perform obligations on behalf of the principal within the scope of the guaranty committed in case the principal fails to perform or performs improperly or inadequately the obligations in the contract signed with the creditor;

b4) To handle over his/her/its own property to the creditor or a third person as agreed for settlement in case of failure to perform or failure to properly or adequately perform the guaranteed obligation;

b5) To pay for the value of the breached obligation and compensate for damage in case of non-performance or improper or incomplete performance of the guaranteed obligation.

c) Rights of the creditor

c1) To request the guarantor to perform the guaranteed obligation, unless the parties agree that the guarantor will only perform the obligation on behalf of the principal in case the principal is unable to perform the obligation;

c2) To request the guarantor to transfer papers and documents proving the guarantor’s financial capability, capacity, reputation and other necessary papers;

c3) To request the guarantor to take measures to mobilize and educate the principal to perform the obligations under the contract signed with the creditor;

c4) To request the guarantor to his/her/its own property to him/her/it for settlement in case the time limit for performance of the guaranteed obligation expires but the guarantor fails to perform or performs improperly or inadequately the guaranteed obligation;

c5) To request the guarantor to pay the value of the breached obligation and compensate for damage in case the guarantor fails to perform or performs improperly or inadequately the guaranteed obligation.

d) Obligations of the creditor

d1) To properly perform commitments with the guarantor and the principal;

d2) To timely provide accurate and complete information of the rights and obligations of the principal towards the creditor to the guarantor;

d3) To notify the principal’s workplace, employment situation, income, health, working and living conditions at the request of the guarantor;

d4) To preserve and not damage or lose papers and documents proving the financial capability, capacity and reputation of the guarantor, if the parties have an agreement that the creditor shall keep such papers and documents. In case of damage or loss of papers and documents, the creditor must pay compensation for damage;

d5) To notify the guarantor of the performance of obligations on behalf of the principal when there are grounds for the performance of the guaranteed obligation in accordance with the law on security transactions; if the principal is required to perform an obligation ahead of schedule due to a breach of the obligation, but fails to perform or performs improperly or inadequately such obligation, the creditor must clearly state the reason in the notice on the principal’s the performance of obligation ahead of time;

d6) To provide the guarantor with papers and documents proving that the principal’s obligations are within the scope of the guaranty, and the damage is caused by the principal;

d7) To notify the guarantor that the principal has performed the guaranteed obligation;

d8) To return papers and documents proving the financial capability, capacity and reputation of the guarantor (if any) when the guarantee contract is terminated;

d9) To notify the principal that the guarantor has performed the guaranteed obligation.

4. Termination of guaranty

The guaranty shall be terminated in cases prescribed by the civil law on guaranty.

5. Other agreements that are not contrary to the law regulations.

Article 11. Liquidation of guarantee contracts

1. The time limit for the liquidation of a guarantee contract is 30 (thirty) days from the date of termination of the guaranty, unless otherwise agreed upon by the parties.

2. The liquidation of the guarantee contract may be stated in a separate document or in the document of guaranty cancellation or the written agreement on termination of the guaranty, clearly stating the performance of the contents agreed in the guarantee contract of the parties, responsibilities of the parties (if any) due to the liquidation of the contract.

Article 12. Orientation education

1. Programs, duration and contents of orientation education are defined in the Appendix XII issued together with this Circular.

2. Form and validity period of certificates of completion of orientation education courses:

a) The form of certificates of completion of orientation education courses is prescribed in Form No. 06, Appendix I issued together with this Circular;

b) Certificates of completion of orientation education courses are valid within 24 months from the issuing date. Past the above time limit, enterprises, non-business units, organizations and individuals making offshore investment to send Vietnamese workers abroad are responsible for organizing re-orientation education. In case a certificate has not been expired, but the worker changes the worker-sending service enterprise, non-business unit, organization or individual, or changes the professions, occupations, jobs or host country, the service enterprise, non-business unit, organization or individual must conduct the orientation education of the changed contents; workers must be re-inspected and re-issued certificates of completion of orientation education courses.

Article 13. Forms of written requests for registration of contracts

1. The written requests for registration of labor supply contracts are made according to Form No. 02 in the Appendix I to this Circular.

2. The written requests for registration of intern acceptance contracts are made according to Form No. 04 in the Appendix I to this Circular.

3. The written requests for registration of directly signed labor contracts are made according to Form No. 05 in the Appendix I to this Circular.

Article 14. Contents and form of contracts on the sending of Vietnamese workers abroad

1. Contracts on the sending of Vietnamese workers abroad signed between workers and service enterprises are made according to Form No. 03 in the Appendix 01 to this Circular.

2. A contract on the sending of Vietnamese workers abroad signed between a worker and a Vietnamese organization or individual making offshore investment must be in accordance with Vietnam’s law and the law of the country or territory where the worker comes to work and has the following contents: working duration; professions, occupations and jobs to be performed; country or territory where the worker comes to work, workplace; pre-departure orientation education; working conditions and environment; working time and rest time; occupational safety and health; salary and bonuses (if any), overtime pay, salary deductions (if any); meal, accommodations, living and travel between the accommodations and the workplace; responsibility to pay expenses for travel between Vietnam and the workplace and vice versa; medical examination and treatment regime and other benefits and regimes (if any); benefits and regimes of the worker in case the worker suffers occupational accidents or diseases and other regimes; compensation for damage caused by breach of contract; mechanisms, procedures and laws to be applied for dispute settlement; other agreements which are not contrary to law and social morality.

3. A contracts on the sending of Vietnamese workers abroad signed between a worker and a non-business unit must be in accordance with Vietnam’s law and the law of the host country or territory, international agreements specified in Clause 1, Article 42 of the Law No. 69/2020/QH14, the labor supply contract signed with the worker-receiving foreign partner (if any) and have the following contents:

working duration; professions, occupations and jobs to be performed; country where the worker comes to work, workplace; pre-departure orientation education; training of occupational knowledge and skills, foreign languages (if any); expenses payable to the worker before departure; working conditions and environment; working time and rest time; occupational safety and health; salary and bonuses (if any), overtime pay, salary deductions (if any); meal, accommodations, living and travel between the accommodations and the workplace; responsibility to pay expenses for travel between Vietnam and the workplace and vice versa; medical examination and treatment regime and other benefits and regimes (if any); social insurance, health insurance and occupational accident and disease insurance regimes; compensation for damage caused by breach of contract; deposit payment and guaranty for performance of contractual obligations (if any); liquidation of the contract; mechanisms, procedures and laws to be applied for dispute settlement; other agreements which are not contrary to law and social morality.

Article 15. Regime of periodic reporting

The periodic reporting of Vietnamese service enterprises, organizations and individuals making offshore investment, non-business units that send Vietnamese workers abroad for working and of enterprises sending workers abroad for training or improvement of occupational knowledge and skills shall be as follows:

1. Every year, before December 20 of the reporting period, the above-mentioned enterprises, organizations and individuals shall make reports on the sending of Vietnamese workers abroad as guest workers according to the sample report outline in the Appendix XIII to this Circular.

2. The reports are made in writing and sent to report-receiving agencies by one of the following methods: in person or via postal service or online.

3. The period for data cut-off for annual reports shall be counted from December 15 of the year preceding the reporting period to December 14 of the reporting period.

Article 16. Effect

1. This Circular takes effect on February 01, 2022.

2. From the effective date of this Circular, the following documents cease to be effective:

a) Circular No. 21/2007/TT-BLDTBXH dated October 8, 2007 of the Ministry of Labor, Invalids and Social Affairs detailing a number of articles of the Law on Vietnamese Guest Workers and the Government’s Decree No. 126/2007/ND-CP dated August 1, 2007 detailing and guiding a number of articles of the Law on Vietnamese Guest Workers;

b) Circular No. 21/2013/TT-BLDTBXH dated October 10, 2013 of the Ministry of Labor, Invalids and Social Affairs providing for the maximum deposit levels and labor markets in which service enterprises are allowed to make agreement on deposit with workers;

c) Circular No. 22/2013/TT-BLDTBXH dated October 15, 2013 of the Ministry of Labor, Invalids and Social Affairs defining the forms and contents of labor supply contracts, contracts on the sending of Vietnamese workers abroad;

d) Decision No. 18/2007/QD-BLDTBXH dated July 18, 2007 of the Minister of Labor, Invalids and Social Affairs promulgating programs for training of necessary knowledge for workers before sending them abroad;

d) Decision No. 20/2007/QD-BLDTBXH dated August 02, 2007 of the Minister of Labor, Invalids and Social Affairs promulgating certificates of possession of necessary knowledge for workers before working abroad;

e) Decision No. 61/2008/QD-BLDTBXH dated August 12, 2008 of the Minister of Labor, Invalids and Social Affairs on the brokerage commission levels paid by the workers to enterprises in a number of markets.

3. Any difficulty and problem arising in the course of implementation of this Circular should be promptly reported to the Ministry of Labor, Invalids and Social Affairs (via the Department of Overseas Labour) for prompt guidance./.

Appendix I. Forms related to Vietnamese guest workers

(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Form No. 01: Registration on preparation of worker sources

Form No. 02: Written request for registration of a labor supply contract

Form No. 03: Contract on the sending of Vietnamese workers abroad

Form No. 04: Written request for registration of an intern acceptance contract

Form No. 05: Written request for registration of a directly signed labor contract

Form No. 06: Certificate of completion of an orientation education course

Form No. 01

DOCUMENT ON PREPARATION OF WORKER SOURCES

To: The Department of Overseas Labor

1. The enterprise’s name:.............................................

- Trading name: ...........................................................

- Head office address: .................................................

- Phone No.:.............. Email:..................... ; Website:.

- License for provision of the services of sending Vietnamese workers abroad as guest workers No.  issued on:...............................................................................

- Legal representative:..................................................

2. The enterprise hereby requests to prepare the worker sources upon the request/under the agreement with the worker-receiving foreign party (overseas employment service organization/overseas employer):..............................

- Head office address: .................................................

- Phone No.: ................. Fax:........................... Email:.

- Representative: .........................................................

- Position:.....................................................................

3. Expected overseas employment

- Workplace: (name of the factory, construction site, ... in country …).........................................................................

................................................................................................

- Profession, occupation, job: ......................................

- Salary, wage: ............................................................

- Term of the labor contract: .......................................

4. Preparations of worker sources

- Number of workers:.......... , including............. males and..................................................... females

- Method of the preparation of worker sources (preliminary selection, vocational skill and foreign language training directly/via training linkage...): ........

- Places of preparation (names of provinces/cities): ...

- Time of preparation: .................................................

- Fees for training of vocational skills and foreign languages (if any): .................................................................

5. Estimated time of worker selection: .......................

6. Attached documents:

................................................................................................

................................................................................................

The enterprise commit to fulfilling their responsibilities and obligations as prescribed by the law provisions on Vietnamese guest workers./.

Form No. 02

Dossier No.: ............

REGISTRATION OF LABOR SUPPLY CONTRACT

To: The Department of Overseas Labor

1. The enterprise’s name:.............................................

- Abbreviated name:.....................................................

- Head office address: .................................................

- Phone No.:.............. Email:..................... ; Website:.

- License for provision of the services of sending Vietnamese workers abroad as guest workers No.  issued on:...............................................................................

- Legal representative:...... ............................................ ..........................

2. The enterprise hereby registers the labor supply contract to send workers to …………., which was signed on ……/......./...... with the worker-receiving foreign party (overseas employment service organization/overseas employer):..............................................................................

- Address: ....................................................................

- Phone No.: ............... ; Fax:......................... ; Email:.

- Representative: ..................................... ; Position:...

3. Contents:

- Employer: .................................................................

- Address: ....................................................................

- Phone No.: ............... ; Fax:......................... ; Email:.

- Representative: ..................................... ; Position:...

- Term of the labor contract: .......................................

- Quantity: , including ................................................................................ females

- Professions, occupations: ..................... , including ..  skilled workers

- Workplace:........................

- Working time:...................................... ; Rest time:...

- Occupational safety and health:.................................

- Salary/wage: .............................................................

- Other allowances and bonuses: .................................

- Overtime pay: ...........................................................

- Salary deductions under regulations of the host country: ..................................................................................

- Meal, accommodations, living conditions:................

- Insurance benefits: ....................................................

- Service charges payable by the worker-receiving foreign party (if any): ............................................................

- Expenses payable by the worker-receiving foreign party (if any):..........................................................................

- Other supports: .........................................................

4. Expenses payable by the worker before departure:

- Service charges: ........................................................

- Expenses for travel from Vietnam to the workplace and vice versa: .......................................................................

- Contributions to the Fund for Overseas Employment Support: .................................................................................

- Other expenses:

+ Training of vocational skills and foreign languages (if any): ..................................................................................

+ Health check: ...........................................................

+ Social insurance (payable to the Vietnam Social Insurance Agency): ...............................................................

+ Passport, judicial record:..........................................

+ Visa: .........................................................................

- Total: .........................................................................

5. Other agreements between the enterprise and the workers:

- Deposits: ...................................................................

- Guarantees: ...............................................................

6. Selection duration: ……. months (no more than 12 months from the date the registration of the labor supply contract is approved)

7. Estimated time of departure: .........(month)/.......(year)

8. Attached documents:

................................................................................................

................................................................................................

The enterprise commit to fulfilling their responsibilities and obligations as prescribed by the law provisions on Vietnamese guest workers./.

Form No. 03

CONTRACT ON THE SENDING
OF VIETNAMESE WORKERS ABROAD

No.: …………/ (Abbreviated name of the worker-sending enterprise)

Today, on … (date of signing) at … (place of signing), we, including:

The enterprise sending workers abroad: ....................

(Hereinafter referred to as the worker-sending party)

Address: ......................................................................

Phone No.:................. ; Email:.................................... ; Website:............................................

Representative:.......................... ......................................................................

Position:.......................................................................

and

Mr./Ms.  ......... (Hereinafter referred to as the worker)

Date of birth:........................ Gender: .. (male/female)

Address of permanent residence:.................................

................................................................................................

Passport/People's ID card/Citizen ID card No.:............................................................................................... ; issued on................................................................................................ ................................................................................................

...................... (Date of issuance) in........ (place of issuance)

Person to be informed (his/her full name, relationship with the worker): ...................................................................

................................................................................................

Address in Vietnam: ; Phone No.:................................................................ Email:...................

Pursuant to the labor supply contract No. ......... dated .../.../… signed between ......... (the worker-receiving foreign party) and the worker-sending party, and the notice of the worker being selected to work abroad dated .........................

The two Parties hereby agree and sign a contract with the following terms:

Article 1: General terms

- Term of the labor contract: ...... year(s) ...... months) ...… day(s)
 from: ............................ (date);

- Profession, occupation, job: .................................... ;

- Workplace:............................................................... ;

- Employer:..................................................................
(name, address of the employer, its legal representative and his/her position).

Article 2: Rights and obligations of the worker

2.1. To participate in all orientation education courses before departure organized by the worker-sending party; within …… (days), of which the worker shall attend at least 74 lessons, pass the test and be granted a certificate of course completion.

2.2. To participate in the vocational skill training course ................ organized by the worker-sending party (if any) within ...... (days). The vocational skill training fee is …………. payable by …… (the worker/the worker-sending party/the worker-receiving foreign party).

2.3. To participate in the foreign language training course ...... organized by the worker-sending party (if any) within ...... (days). The foreign language training fee is …………. payable by …… (the worker/the worker-sending party/the worker-receiving foreign party).

2.4. Expenses payable by the worker before departure:

- Service charges (if any): ...........................................

+ Service charge amount: ....../contract within ...... year(s) ...... month(s) ...... day(s);

+ Payment (one time): …… or many times (payment schedule: …….);

- Contributions to the Fund for Overseas Employment Support: .................................................................................

- Other expenses:

+ Expenses for travel from Vietnam to the workplace: ................................................................................................

+ Passport, visa fees: ...................................................

+ Health check fees: ....................................................

+...................................................................................

Total: (in numbers) .................................................; (in words) ..............................................................................

2.5. To sign and perform the labor contract with the employer.

2.6. Probationary period (if any):

- Probationary period: ...... month(s) …...day(s), from (date);

- Probationary salary: ..................................................

- Other benefits for the worker: ................................. ;

After the probationary period, if the worker fails to meet the job requirements as requested by the employer, the worker-sending party will agree with the worker on …… (extending the probationary period with the employer, assigning another job with a suitable salary to the worker, or sending the worker home at the expense of ......).

2.7. Training period in the host country (if any):

- Training period: ................................ month(s) ........................................................................... day(s).

- In-training salary/subsidy: ....................................... ;

- Meal, accommodation expenses/conditions: ........... ;

2.8. Working and resting time:

Working time: ....... hours/day, ....... days/week as prescribed by the Law ....... The working time other than such time is considered as overtime.

The worker is entitled to ... holidays as prescribed by the Law ......, namely: ...... (New Year, National Independence Day...).

In addition, the worker is entitled to ... annual paid leave(s) as prescribed by the Law ......

2.9. Salary, overtime pay, bonus and payables (if any):

- Salary, overtime pay, bonus/allowance:

+ Salary: .... (In special cases where the worker is a seafarer, or the host country otherwise regulate annual salaries, the two parties agree to clearly specify these contents in the contract);

+ Overtime pay: ..........................................................

+ Bonuses/allowances (attendance, meal, accommodation, shift ...)

+ Date of salary payment: .......................................... ;

+ Mode of salary payment: ........................................ ;

- Payables of the worker as prescribed by the laws of the host country:.....................................................................

2.10. Meal, accommodation and living conditions:

The employer/worker-receiving foreign party shall provide accommodations (free of charge or chargeable) and …. meals or necessary cooking appliances (electricity, gas ...) and utensils (free of charge or chargeable).

2.11. Insurances:

To participate and enjoy benefits from the following insurance(s):

- Social insurance:....................................................... ;

- Health insurance: ..................................................... ;

- Insurance for occupational accidents and diseases: . ;

- Other insurance (if any):............................................

2.12. Occupational safety and health:

To be equipped with free labor protection equipment according to each job position and ensure occupational safety and health in accordance the law provisions ... and the employer's regulations.

2.13. Travel expenses:

- Expenses for travel from Vietnam to the workplace in the host country shall be paid by .......;

- Expenses for travel from the workplace in the host country to Vietnam after the worker completes the contract shall be paid by .......;

- In the case where the worker has to return home before the due date due to the fault of …………, the expenses for travel from the workplace in the host country to Vietnam shall be paid by .........

2.14. Reproductive health care, illness, injury, and death: To be entitled to medical examination and treatment, and other benefits as prescribed by the laws of the host country and supports from the Fund for Overseas Employment Support in accordance with the Vietnamese laws.

2.15. In the case where the workplace or employer is changed, the worker-sending party shall be notified within 05 days from the date of change.

2.16. To liquidate this contract within 180 days from the date the labor contract was terminated; if the worker does not liquidate the contract, the worker-sending party may unilaterally liquidate in accordance with to the law provisions.

2.17. To compensate the worker-sending party under the agreement stated in Article 6 of this contract and relevant law provisions.

2.18. To request the worker-sending party to compensate for damage caused by the worker-sending party according to the provisions of Article 6 of this contract and relevant laws.

2.19. To have other rights and perform other obligations as prescribed by the law provisions.

......................................................................................

Article 3: Rights and obligations of the worker-sending party

3.1. To collect the service charges specified in Clause 2.4, Article 2 of this Contract.

3.2. To provide orientation education to the worker, ensuring the duration of 74 hours as prescribed.

3.3. To reach agreement with the worker on training for vocational skills and foreign languages at the request of the worker-receiving foreign party.

3.4. To coordinate with the worker-receiving foreign party to complete the dossier and documents for the worker to legally exit Vietnam, enter the host country and arrive at the workplace.

3.5. To ensure that the worker is able to sign a labor contract with the employer with the terms consistent with this contract.

3.6. To coordinate with the worker-receiving foreign party to assist the worker in sending his/her salaries and lawful incomes to Vietnam in accordance the law provisions.

3.7. To manage and protect the legitimate rights and interests of the worker while he/she is working abroad.

3.8. To coordinate with the worker-receiving foreign party to implement and guide immigration procedures for the worker to return to Vietnam under the signed contract.

3.9. To support the worker or his/her relatives in carrying out procedures to enjoy insurance benefits as prescribed by the laws of the host country, supports from the Fund for Overseas Employment Support in accordance with the regulations and other support policies of the State (if any);

3.10. To compensate the worker and guarantor (if any) for any damage caused by the worker-sending party in accordance with Article 6 of this contract, the guaranteed contract (if any) and relevant law provisions.

3.11. To request the worker or the guarantor to compensate for any damage under the agreement mentioned in Article 6 of this contract, the guaranteed contract (if any) and relevant law provisions.

3.12. To liquidate the contract on sending the worker abroad in accordance the law provisions.

3.13. To have other rights and perform other obligations as prescribed by the law provisions.

......................................................................................

Article 4: Time limit for exit

4.1. The worker-sending party is responsible for sending the worker abroad within 180 days from the date the worker is selected to work abroad in accordance with the enterprise's written commitment.

4.2. Within the time limit specified in Clause 4.1 of this Article, if the worker no longer wishes to work abroad, the worker-sending party shall return the worker’s dossier (his/her passport, curriculum vitae, diploma…) while the worker shall bear the expenses spent (if any) to carry out the guest worker procedures: expenses for travel from Vietnam to the workplace, fees for foreign language and vocational skill training, passport and visa fees, health check expenses...

4.3. Within the time limit specified in Clause 4.1 of this Article, if the worker-sending party do not send the worker abroad, it shall clearly notify the reasons to the worker. In the case where the worker no longer wishes to work abroad, within 15 days from the date the worker announces his/her wish, the worker-sending party shall return the worker’s dossier (his/her passport, curriculum vitae, diploma…) and refund the amounts paid by the worker to the worker-sending party, including service charges, contributions to the Fund for Overseas Employment Support, expenses for travel from Vietnam to the workplace, fees for foreign language and vocational skill training, passport and visa fees...; and the worker-sending party shall carry out procedures to return the deposit (if any) to the worker.

4.4. In case of a force majeure event (natural disaster, epidemic, war, political instability or state of emergency) leading to the fact that within 180 days after the worker is selected, he/she no longer wishes to work abroad and/or the worker-sending party cannot send the worker abroad, the worker-sending party shall return the worker’s dossier (his/her passport, curriculum vitae, diploma…), refund the service charges and unspent payments to the worker. For the amounts already spent in accordance with regulations, the worker-sending party shall refund the worker under the agreement between the worker and the worker-sending party.

Article 5: Agreement on deposit (if any)

The worker-sending party and the worker agree to make a deposit to secure the obligations under the contract as follows:

5.1. Deposit amount:....................................................

5.2. Deposit term:.........................................................

5.3. Scope of deposit: part or all the worker's obligations

5.4. The two parties agree to sign a deposit contract in accordance with the law provisions.

Article 6: Terms of compensation

The worker-sending party and the worker agree on the compensation for damage and the level of compensation in the following cases:

- If the worker-sending party cannot send the worker abroad as mentioned in Clause 4.3, Article 4 of this Contract, the compensation level is:……………..

- If the worker-sending party fails to implement the contents mentioned in Clauses 2.6, 2.7, 2.8, 2.9 and 2.10, Article 2 of this Contract, the compensation level is: …………………….

- If the worker illegally terminates the contract or illegally stays in the host country after the contract is terminated, the compensation level is: ............ .................. (unless the host country/territory or the labor supply contract prescribe otherwise).

Article 7: Extension of the contract

- The worker-sending party and the worker may agree to continue performing the contract or to extend the contract term when there is any change related to the contents mentioned in Article 1 of this Contract (term of labor contract, profession, occupation, job, workplace, employer).

- This contract is valid in ………… from the date of its signing and is renewable.

Article 8: Liquidation of the contract

8.1. This contract may be liquidated in one of the following cases:

- The worker no longer wishes to work abroad;

- The worker-sending party cannot send the worker abroad in 180 days from the date the worker is selected;

- The worker terminates the labor contract;

- The worker violates the labor contract or unilaterally cancel the contract to illegally work for another employer;

- Other cases as prescribed by the laws of Vietnam and the host country.

8.2. Based on the cause leading to the ahead-of-schedule termination of the labor contract, the two parties may agree to liquidate the contract as follows:

- In a force majeure event (such as wars, natural disasters, and other events beyond the reasonable control of the parties), if they cannot continue to perform the contract, the two parties will jointly resolve the existing problems and the worker-sending party will consider supporting the worker in accordance with the current law provisions;

- In the case where the worker has his/her contract terminated and has to return home ahead of schedule due to the fault other than that of the worker, the worker-sending party shall be responsible for paying the prescribed amounts and compensating the worker as agreed;

- In the case where the worker has his/her contract terminated and has to return home ahead of schedule due to his/her fault, the worker shall be responsible for compensating the worker-receiving foreign party and the worker-sending party for any damage caused by him/her.

......................................................................................

Article 9: Applicable laws and dispute settlement

9.1. This Agreement is construed and stipulated by Vietnamese laws.

9.2. Any dispute related to this Contract will be firstly resolved by negotiation between the two parties on the principle of equality and mutual benefit.

9.3. In the case where the dispute cannot be resolved by negotiation, the two parties will bring it to trial ...... for settlement in accordance the law provisions...

This contract is made at ....... (date) and takes effect from the date of its signing. It is made intro …… copies in Vietnamese with the same legal validity, of which each party keeps ... copies for monitoring and execution./.

 Form No. 04

Dossier No.: ............

REGISTRATION OF AN INTERN ACCEPTANCE CONTRACT
To: The Department of Overseas Labor/The Provincial (Municipal) Department of Labor, Invalids and Social Affairs of …

1. The enterprise’s name:.............................................

- Trading name: ...........................................................

- Address: ....................................................................

- Phone No.:................ ; Fax:......................... ; Email:.

- Legal representative:..................................................

2. The enterprise hereby registers an intern acceptance contract in ……………………. signed on ……/……/…… with the overseas intern-receiving institution: ......................

- Address: ....................................................................

- Phone No.: ................. Fax:........................... Email:.

- Representative: .........................................................

- Position:.....................................................................

3. Main contents of the intern acceptance contract:

- Internship duration: ...................................................

- Quantity: , including ................................................................................ females

- Professions, occupations: ..........................................

- Host country: ............................................................

- Place of internship:....................................................

- Internship time, rest time:..........................................

- Internship salary: ......................................................

- Other allowances (if any): .........................................

- Meal, accommodations:.............................................

- Insurance benefits: ....................................................

- Occupational safety and health:.................................

- Expenses payable by ................ :

- Other supports: .........................................................

- Expenses due to …………. pay:

+ Expenses for travel from Vietnam to the place of internship and vice versa: ......................................................

+ Visa: .........................................................................

+ Other expenses (if any)

- Other supports (if any): .............................................

4. Revenues from the workers' salaries during the internship:...............................................................................

................................................................................................

5. Estimated time of exit: ............................................

The enterprise commits to fulfilling their responsibilities and obligations in accordance the law provisions on Vietnamese guest workers./.

Form No. 05

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------

REGISTRATION OF A DIRECTLY SIGNED LABOR CONTRACT

To: The Provincial (Municipal) Department of Labor, Invalids
and Social Affairs of …

1. Information about the registrant of the contract:

- Full name: .................................................................

- Date of birth:...................... Gender: .. (male/female)

Passport/People's ID card/Citizen ID card No.:............................................................................................... ; issued on................................................................................................ ................................................................................................

....................... (date of issuance) in........ (place of issuance)

Address of permanent residence:.................................

................................................................................................

- Attainment/professional qualifications: ....................

- Current occupation: ..................................................

- Address to receive related information in Vietnam: .

- Person to be informed: (relationship with the worker)

- Phone No.:................................. ; Email:...................

2. I register a labor contract to work at ………… directly signed on ……/……/…… with:

- The employer:............................................................

- Address:.....................................................................

- Phone No.: ; Email:................................................................................................

3. Information about the overseas employment:

- Profession, occupation, job: ......................................

- Term of the labor contract: .......................................

- Workplace:.................................................................

- Salary and wage: .......................................................

- Estimated time of departure: .....................................

4. Expenses payable by …………………….:

+ Expenses for travel from Vietnam to the workplace and vice versa: .......................................................................

+ Visa: .........................................................................

+ Health checks: ..........................................................

+ Passport fees: ...........................................................

+ Judicial record fees: .................................................

+ Other expenses (if any): ...........................................

5. Attached documents:

+ The labor contract (a copy enclosed with the certified Vietnamese translation);

+ A copy of People’s ID card/Citizen ID card or Passport;

+ A curriculum vitae certified by the People's Committee of the commune where the worker permanently resides or the agency, organization or unit managing the worker.

I hereby commit to strictly complying with the laws of the host country, take full responsibility for the contract I signed; fully fulfill the responsibilities of a citizen in accordance the law provisions on Vietnamese guest workers./.

Form No. 06

Appendix II. Details of labor supply contracts for professions, occupations, and jobs in Japan
(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix III. Details of labor supply contracts for professions, occupations and jobs in Taiwan (China)
(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix IV. Details of labor supply contracts for professions, occupations and jobs in the Republic of Korea (RoK)
(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix V. Details of labor supply contracts for professions, occupations and jobs in West Asia, Central Asia and Africa

(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix VI. Details of labor supply contracts for professions, occupations and jobs in Europe and Oceania

(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix VII. Details of labor supply contracts for professions, occupations and jobs in the Americas

(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix VIII. Details of labor supply contracts for professions, occupations and jobs in China, Macau (China) and Southeast Asia

(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix IX. Details of labor supply contracts for professions, occupations and jobs on international waters

(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix X. The maximum commission level under brokerage contracts for a number of markets, professions, occupations and jobs

 (Issued together with Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix XI. The maximum service charge amount collected from workers for a number of markets, professions, occupations and jobs

(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

Appendix XII. Programs, contents and duration of orientation education

(Issued together with the Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor, Invalids and Social Affairs)

The orientation education program has 74 lessons (including 54 theoretical lessons, 20 practical lessons, 45 minutes per lesson) with the following contents and duration:

1. Vietnam’s traditions and cultural identity (duration: 02 lessons, including: 02 theoretical lessons)

a) The task of preserving and promoting the tradition of patriotism, solidarity, mutual affection, national pride and self-respect, and national cultural identity when living and working abroad;

b) Citizenship responsibilities of workers when working abroad;

c) The sending of Vietnamese workers abroad, and its benefits for themselves, families and society.

2. Basic knowledge about the laws of Vietnam and worker-receiving foreign party (duration: 07 lessons, including: 07 theoretical lessons)