VI The pursuit of employment opportunities abroad through labor export has become a popular choice, offering attractive income and valuable experience for many Vietnamese workers. However, this process cannot be carried out spontaneously but must strictly comply with legal regulations on sending workers abroad under contracts. To protect their legal rights and interests, workers need to clearly understand the permitted legal forms for participating in this program, thereby choosing the safest and most transparent path. Let’s explore these forms with Pham Consult.
- What is a Vietnamese worker working abroad under a contract?
A Vietnamese worker working abroad under a contract is a Vietnamese citizen aged 18 years or older residing in Vietnam who goes to work abroad in accordance with the Law on Vietnamese workers going abroad under a contract 2020.
The foreign employer is an enterprise, organization, or individual who directly hires and employs Vietnamese workers to work for them abroad under an employment contract. The foreign party receiving labor is the foreign employer or a foreign employment service organization.
- Forms of Vietnamese workers working abroad under a contract
According to Article 5 of the Law on Vietnamese workers working abroad under a contract 2020, Vietnamese workers work abroad under a contract through the following forms:
– Contract for sending Vietnamese workers abroad signed with a public non-business unit to implement an international agreement.
– Contract or written agreement on sending Vietnamese workers abroad signed with the following enterprises, organizations, or individuals:
+ Vietnamese enterprises operating in the service of sending Vietnamese workers abroad under contracts;
+ Vietnamese enterprises that have won a bid or received a contract for a project abroad;
+ Vietnamese enterprises sending Vietnamese workers abroad for training and professional skill improvement;
+ Vietnamese organizations or individuals investing abroad.
– Employment contract directly concluded by the Vietnamese worker with the foreign employer.
- Content of the service activity of sending Vietnamese workers abroad under a contract
Article 9 of the Law on Vietnamese workers going abroad under a contract 2020 stipulates that the service activity of sending Vietnamese workers abroad under a contract will include the following contents:
– Signing and implementing contracts and agreements related to sending Vietnamese workers abroad under contracts.
– Searching for and developing labor markets abroad; providing information, advertising, and consulting on job opportunities abroad.
– Preparing labor sources and selecting workers.
– Organizing vocational skills training, foreign language training, and orientation education for workers before working abroad .
– Managing workers; protecting the legal and legitimate rights and interests of workers going abroad under contracts.
– Implementing regimes and policies for workers going abroad under contracts.
– Liquidating the contract for sending Vietnamese workers abroad for work.
– Supporting job placement for workers after returning home.
- Rights and obligations of Vietnamese workers going abroad under a contract
a. Rights of Vietnamese workers working abroad under a contract
According to Clause 1, Article 6 of the Law on Vietnamese workers going abroad under a contract 2020, Vietnamese workers going abroad under a contract have the following rights:
– To be provided with information about Vietnamese policies and laws regarding Vietnamese workers going abroad under contracts; policies, laws, and customs of the receiving country related to workers; and the rights and obligations of the parties when going abroad under a contract.
– To be advised and supported to implement their rights, obligations, and benefits under the employment contract and vocational training contract.
– To receive wages, remuneration, regimes for medical examination and treatment, social insurance, labor accident insurance, and other benefits and regimes according to the employment contract; to transfer their wages, remuneration, income, and other legal assets back to Vietnam in accordance with Vietnamese law and the law of the receiving country.
– To be protected and have their legal and legitimate rights and interests protected during the working period abroad under a contract in accordance with Vietnamese law, the law of the receiving country, and international law and practices.
– To unilaterally terminate the contract if subjected to abuse, forced labor by the employer, or if there is a clear and direct threat to life, health, or if subjected to sexual harassment during the working period abroad.
– To receive support policies on labor and employment and benefits from the Overseas Employment Support Fund as prescribed by law.
– Not to have to pay social insurance or personal income tax twice in Vietnam and the receiving country if Vietnam and that country have signed an agreement on social insurance or a double taxation avoidance agreement.
– To lodge complaints, denunciations, or initiate lawsuits regarding violations of the law in the field of Vietnamese workers going abroad under a contract.
– To be advised and supported for job creation, starting a business after returning home, and accessing voluntary social-psychological counseling services.
b. Obligations of Vietnamese workers working abroad under a contract
According to Clause 2, Article 6 of the Law on Vietnamese workers working abroad under a contract 2020, Vietnamese workers going abroad under a contract have the following obligations:
– To comply with Vietnamese law and the law of the receiving country.
– To preserve and promote the cultural traditions of the Vietnamese nation; respect the customs and practices of the receiving country; unite with workers in the receiving country.
– To complete the orientation education course before working abroad .
– To pay service fees and make deposits as stipulated by the Law on Vietnamese Workers Going Abroad under a Contract 2020.
– To work at the designated location; comply with labor discipline and internal regulations; adhere to the management, direction, and supervision of the foreign employer according to the employment contract.
– To compensate for damages due to breach of the signed contract in accordance with Vietnamese law and the law of the receiving country.
– To return to Vietnam on time after the termination of the employment contract or vocational training contract; to notify the residence registration authority where they resided before going abroad or their new place of residence after returning home according to the Law on Residence within 15 days from the date of entry.
– To pay taxes, participate in social insurance, or other forms of insurance as required by Vietnamese law and the law of the receiving country.
– To contribute to the Overseas Employment Support Fund.
