Circular No. 22/2013/TT-BLDTBXH of October 15, 2013, providing the models and contents of labor supply contract and guest worker contract

 THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Circular No. 22/2013/TT-BLDTBXH of October 15, 2013, providing the models and contents of labor supply contract and guest worker contract

Pursuant to Clause 3, Article 17 of the November 29, 2006 Law on Vietnamese Guest Workers;

Pursuant to the Government’s Decree No. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At the proposal of the director of the Department of Overseas Labor Management;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular to provide the models and contents of labor supply contract and guest worker contract.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the models and contents of labor supply contract and guest worker contract used in the activity of sending workers abroad.

Article 2. Subjects of application

1. Enterprises providing the service of sending workers abroad;

2. State non-business organizations sending workers abroad;

3. Enterprises winning or undertaking guest worker contracts;

4. Offshore investment organizations and individuals sending workers abroad;

5. Workers going abroad to work in the forms specified in Clauses 1 and 2, Article 6 of the Law on Vietnamese Guest Workers (below referred to as workers);

6. Other organizations and individuals involved in sending Vietnamese guest workers.

Article 3. Principles of contract conclusion, forms of contract

Contracts must be concluded on the principles of voluntarism, equality, goodwill, cooperation, truthfulness, compliance with law and conformity with social ethics.

Labor supply contracts and guest worker contracts must be established in writing.

Chapter II

LABOR SUPPLY CONTRACTS

Article 4. Definition

Labor supply contract means a written agreement between a Vietnamese enterprise or non-business organization and a foreign party on the conditions and obligations of the parties in the supply and receipt of Vietnamese guest workers.

Article 5. Contents

A labor supply contract must comply with the laws of Vietnam and the host country and has the following principal contents:

1. Information on the contractual parties

Information on the contractual parties includes full names and transaction names of the contractual parties; representatives of the parties; business registration addresses or transaction addresses; serial numbers of enterprise registration certificates, enterprise codes, dates of issuance (if any), tax identification numbers, and account numbers; telephone numbers, fax numbers and email addresses; and other relevant information.

2. Contents on the conditions for labor supply and receipt: Number of workers to be supplied/received; occupations or jobs to be performed; workplaces; working duration; working conditions and environment; working time and rest time; occupational safety and protection; salaries, wages, other regimes and bonuses (if any); overtime allowances; accommodation; health care; insurance; liability to pay expenses for travel from Vietnam to workplace and vice versa; conditions for ahead-of-schedule termination of the labor contract, liability to pay damages and expenses for worker’s return to Vietnam, and other relevant conditions.

If the labor supply contract is only the principal contract, the contents provided in this Clause must be specified in the contract annexes.

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