VietnameseCircular No. 21/2007/TT-BLDTBXH dated October 08, 2007 of the Ministry of Labour, War Invalids and Social Affairs detailing a number of articles of the Law on Vietnamese guest workers and 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
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Circular No. 21/2007/TT-BLDTBXH dated October 08, 2007 of the Ministry of Labour, War Invalids and Social Affairs detailing a number of articles of the Law on Vietnamese guest workers and 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
| Issuing body: | Ministry of Labor, Invalids and Social Affairs | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 21/2007/TT-BLDTBXH | Signer: | Nguyen Thanh Hoa |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 08/10/2007 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Enterprise , Labor - Salary |
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Effect status: Known
THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIR -------------- | SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ---------------- |
No.21/2007/TT-BLDTBXH | Hanoi , October 8, 2007 |
CIRCULAR
DETAILING A NUMBER OF ARTICLES OF THE LAW ON VIETNAMESE GUEST WORKERS AND GOVERNMENTS DECREE NO. 126/2007/ND-CP DATED AUGUST 1, 2007, DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON VIETNAMESE GUEST WORKERS
Pursuant to the November 29, 2006 Law on Vietnamese Guest Workers;
Pursuant to the Governments Decree No. 126/2007/ND-CP dated August 1, 2007, detailing and guiding a number of articles of the Law on Vietnamese Guest Workers;
Pursuant to the Governments Decree No. 29/2003/ND-CP dated March 31, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
The Ministry of Labor, War Invalids and Social Affairs details and guides the implementation of a number of articles of the Law on Vietnamese Guest Workers (below referred to as the Law for short) and the Governments Decree No. 126/200/ND-CP dated August 1, 2007, detailing and guiding a number of articles of the Law on Vietnamese Guest Workers (below referred to as Decree No. 126/2007/ND-CP for short) as follows:
I. LICENSES AND PROCEDURES FOR GRANT AND EXCHANGE OF LICENSES
1. Guest worker service-provision licenses (Clause 7, Article 8 of Decree No. 126/2007/ND-CP):
A guest worker service-provision license (below referred to as a license for short) is defined as follows:
a) Size: 1 A4 page (210 x 297 mm);
b) Characteristics: Printed on white hard paper with blue patterns, embedded national emblem and black-edged frame;
c) Principal contents: The official name of the country, the name of the licensing agency, legal grounds for li1censing, fullname, serial number and date of grant of the license; full name and transaction name of the licensed enterprise; the serial number, date and place of issue of its business registration certificate; its office address, telephone and fax numbers and email address; contents of licensed services; effective date of the license.
(The license form is in Appendix 01 to this Circular - not printed herein)
2. Licensing dossiers (Clause 1, Article 10 of the Law):
Licensing dossiers shall be submitted to the Guest Workers Administration Bureau, each comprising:
a) The enterprise's application for a license, made according to the form in Appendix 02 to this Circular (not printed herein);
b) A copy of its business registration certificate;
c) Papers evidencing its satisfaction of set capital requirements;
d) The written certification of deposits, issued by the commercial bank where the enterprise pays deposits;
e) The scheme on sending workers abroad as prescribed in Article 4 of Decree No. 126/2007/ND-CP;
f) The resume of the leader in charge of administering the sending of workers abroad, enclosed with papers evidencing his/her satisfaction of the conditions set in Clause 3, Article 9 of the Law.
g) The organizational scheme (for enterprises sending workers abroad for the first time) or the report on organization of the apparatus in charge of sending workers abroad and that in charge of training necessary knowledge for workers before they go to work abroad;
h) The list of full-time officials in the apparatus in charge of sending workers abroad, with the following details: full name, date of birth, position, professional qualifications, foreign language skills and assigned tasks.
3. Dossiers for renewal of licenses (Clause 2, Article 11 of the Law):
Dossiers for renewal of licenses shall be submitted to the Guest Workers Administration Bureau, each comprising:
a) The enterprise's application for license renewal, made according to the form in Appendix 03 to this Circular (not printed herein);
b) The granted license;
c) A copy of the re-granted business registration certificate;
d) Papers evidencing the satisfaction of set capital conditions;
e) The resume of the leader in charge of administering the sending of workers abroad, enclosed with papers evidencing his/her satisfaction of the conditions set in Clause 3, Article 9 of the Law.
f) The report on organization of the apparatus in charge of sending workers abroad and that in charge of sending workers abroad, with the following details: full name, date of birth, position, professional qualifications, foreign language skills and assigned tasks.
h) Papers evidencing the contribution to the Overseas Employment Assistance Fund.
4. Dossiers for permit renewal (Clause 1, Article 78 of the Law):
Dossiers for permit renewal shall be submitted to the Guest Workers Administration Bureau, each comprising:
a) The enterprise's written request for permit renewal, made according to the form in Appendix 04 to this Circular (not printed herein);
b) The issued permit;
c) A copy of the business registration certificate;
d) The report on the enterprise's 2007 results of sending workers abroad;
e) Papers evidencing the satisfaction of set capital conditions;
f) Papers certifying the contribution to the Labor Export Assistance Fund under the provisions of the Government's Decree No. 81/2003/ND-CP dated July 17,2003, detailing and guiding the implementation of the Labor Code regarding Vietnamese guest workers;
g) The written certification of deposits, issued by the commercial bank where the enterprise pays deposits;
h) The resume of the leader in charge of administering the sending of workers abroad, enclosed with papers evidencing his/her satisfaction of the conditions set in Clause 3, Article 9 of the Law.
i) The report on organization of the apparatus in charge of sending workers abroad and that in charge of training necessary knowledge for workers before they go to work abroad;
j) The list of full-time officials in the apparatus in charge of sending workers abroad, with the following details: full name, date of birth, position, professional qualifications, foreign language skills and assigned tasks.
5. Fee for grant or renewal of licenses (Clause 1, Article 7 of Decree No. 126/2007/ND-CP and Clause 6, Article 11 of the Law): Enterprises providing guest worker services (below referred to as service enterprises) shall pay a fee for grant or renewal of licenses at the Guest Workers Administration Bureau when receiving licenses.
6. Reporting on replacement of leaders in charge of administering the sending of workers abroad (Clause 3, Article 9 of the Law):
In case of replacement of leaders in charge of administering the sending of workers abroad, service enterprises shall send written reports thereon to the Guest Workers Administration Bureau, enclosed with resumes of new leaders and papers evidencing their satisfaction of the conditions set in Clause 3, Article 9 of the Law. 7. Procedures for turning in, revocation of licenses (Clauses 1 and 2, Article 15 of the Law):
a) Procedures for turning in of licenses: Within 10 days after obtaining a decision on termination of its operation according to Points a and b, Clause 1, Article 15 of the Law, a service enterprise shall notify in writing the Guest Workers Administration Bureau of the termination of its operation, turn in its license to the latter, and report on contracts still in force; the number of workers still working abroad; the number of workers already recruited for these contracts and their contributions; the contribution to the Overseas Employment Assistance Fund; and the plan for performance of liabilities in relation to contracts still in force.
After fulfilling its obligations towards the State under law and liabilities towards workers under signed contracts, a service enterprise shall report to the Guest Workers Administration Bureau on its fulfillment of obligations and liabilities, and send to the latter documents evidencing such fulfillment. The Guest Workers Administration Bureau shall consider and issue a document for the enterprise to withdraw its deposits in accordance with law.
b) Procedures for revocation of licenses: Within 15 days after the Minister of Labor, War Invalids and Social Affairs issues a decision on revocation of its license, a service enterprise shall turn in that license to the Guest Workers Administration Bureau and report on contracts still in force; the number of workers still working abroad; the number of workers already recruited for these contracts and their contributions; the contribution to the Overseas Employment Assistance Fund; and the plan for performance of liabilities in relation to contracts still in force.
After fulfilling its obligations towards the State under law and liabilities towards workers under signed contracts, a service enterprise shall report to the Guest Workers Administration Bureau on its fulfillment of obligations and liabilities, and send to the latter documents evidencing such fulfillment. The Guest Workers Administration Bureau shall consider and issue a document for the enterprise to withdraw its deposits in accordance with law.
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