Decision No. 621/2001/QD-BLDTBXH dated July 03, 2001 of the Ministry of Labour, War Invalids and Social Affairs on the issuance of the "regulation on sending Vietnamese laborers for professional training in Japan"

DECISION

ON THE ISSUANCE OF THE "REGULATION ON SENDING VIETNAMESE LABORERS FOR PROFESSIONAL TRAINING IN JAPAN"

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Law on Organization of the Government of September 30,1992;

Pursuant to Decree No. 15/CP of March 2, 1993 of the Government on the tasks, power and State managerial responsibilities of the ministries and ministerial-level agencies;

Pursuant to Decree No. 96/CP of December 7, 1993 of the Government on the functions, tasks, powers and organizational apparatus of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decree No. 152/1999/ND-CP of September 20, 1999 of the Government providing for Vietnamese laborers and experts working for definite periods in foreign countries;

Pursuant to Decision No. 68/2001/QD-TTg of May 2, 2001 of the Prime Minister on a number of measures to handle cases where Vietnamese trainees in Japan and the Republic of Korea forsake their training contracts on their own will;

Pursuant to the working minutes signed on May 10,2001 between the Inter-ministerial Working Mission of the Vietnamese Government and the Japan international Training Cooperation Organization (JITCO);

At the proposal of the director of the Department for Managing Laborers Working in Foreign Countries,

DECIDES:

Article 1.-To issue together with this Decision the "Regulation on sending Vietnamese laborers for professional training in Japan".

Article 2.-This Decision takes effect from the date of its signing. All earlier regulations which are contrary to this Regulation are now annulled.

Article 3.-The director of the Ministry’s Office, the director of the Department for Managing Laborers Working in Foreign Countries, the heads of the organizations sending Vietnamese trainees to Japan and the heads of the organizations and individuals that are concerned shall have to implement this Decision.

REGULATION

ON SENDING VIETNAMESE LABORERS FOR PROFESSIONAL TRAINING IN JAPAN
(Issued together with Decision No. 621/2001/QD-BLDTBXH of July 3, 2001 of the Minister of Labor, War Invalids and Social Affairs)

Article 1.-Objects and scope of regulation

1. This Regulation applies to:

a/ Vietnamese enterprises sending Vietnamese laborers for professional training in Japan (hereafter called sending organizations).

b/ Vietnamese laborers going for professional training in Japan (hereafter called trainees).

2. The sending organization and the trainees must strictly comply with the provisions of Vietnamese law, Japanese law and concrete provisions of this Regulation.

Article 2.-Contracts on sending and receiving trainees

1. The contracts on sending and receiving trainees signed between the sending organizations and the Japanese partners must ensure the conditions, contents and forms as prescribed by Vietnamese law and Japanese law.

2. The sending organization shall have to send a copy of the contract to and register the contract performance at the Department for Managing Laborers Working in Foreign Countries.

Article 3.-Recruitment of trainees

1. The sending organization must directly recruit trainees who are laborers working at factories, enterprises, construction sites and enterprises lawfully operating in Vietnam.

2. Vietnamese laborers recruited for professional training in Japan must meet all the following conditions:

- Having a professional level and experience meeting the requirements of the contract on sending and receiving trainees to Japan;

- Being physically fit, having a good record in ethical conduct and behavior, having not violated discipline and law.

Article 4.-Training and vocational education for the trainees

1. The sending organization must organize the learning of Japanese for the trainees according to the program of the Japanese partner and the vocational education according to the program compiled by the Department for Managing Laborers Working in Foreign Countries. The sending organization must ensure one set of learning documents for each trainee.

Before organizing the training and vocational education for trainees going to Japan, the sending organization must report to the Ministry of Labor, War Invalids and Social Affairs (the Department for Managing Laborers Working in Foreign Countries) and the controlling agency the list of trainees, the location, time, program and contents of training and vocational education.

2. At the end of the Japanese language and vocational education course, the sending organization must report to the Department for Managing Laborers Working in Foreign Countries on the location and time for organizing the examination and evaluation of the result of the language and vocational education the trainees so that the Department for Managing Laborers Working in Foreign Countries could monitor and supervise. The result of this examination must be certified by the sending organization of the training establishment; the sending organization must send the examination results to the Department for Managing Laborers Working in Foreign Countries.

3. The granting of training and vocational education certificates to the trainees shall comply with the stipulations of the Provisional Regulation on the issuance and management of training and vocational education certificates to laborers working for definite periods in foreign countries, issued together with Decision No. 170/2000/QD-BLDTBXH of February 22, 2000 of the Minister of Labor, War Invalids and Social affairs.

Article 5.-Implementation of financial regime

1. The sending organization may collect from each trainee a deposit equal to a single-trip airfare from Vietnam to Japan and one month’s training allowances. This deposit shall be returned together with interest thereon as prescribed upon the return of the trainee after completion of his/her professional training and technical apprenticeship program.

2. The sending organization shall not collect from the trainees the following expenses: recruitment expenses; cost of learning Japanese before going to Japan; expenses for medical examination, passport and visa; traveling cost in the country; traveling cost from the airport to the training location; expenses for information and counseling with related organizations; necessary expenses for reception of the returning trainee after he/she accomplishes his/her task; social insurance premium and service charge.

The receiving organization of Japan, shall pay these expenses to the sending organization of Vietnam according to the contract on sending and receiving trainees.

3. During the training period in Japan the trainees shall not have to pay the tax on high income earners in Vietnam.

4. The trainee may decide himself/herself on the transfer of money to his/her family in Vietnam.

5. The sending organization shall have to observe the reporting regime as prescribed in Joint Circular No. 16/2000/TTLT-BTC-BLDTBXH of February 28, 2000 of the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs.

Article 6.-Managing the trainees in Japan

1. The sending organization shall have to sign the "Contract on training in Japan" with every laborer before sending him/her for training in Japan.

2. For each contract on sending and receiving a trainee, the sending organization must send to the Department for Managing Laborers Working in Foreign Countries and JITCO a copy of the "Contract on training in Japan" signed with a trainee.

3. The sending organization shall have to report the list of trainees sent on each time to the Department for Managing Laborers Working in Foreign Countries and the Vietnamese Embassy in Japan according to Form No. 10 issued together with Circular No. 28/1999/TT-BLDTBXH of November 15, 1999 of the Ministry of Labor, War Invalids and Social Affairs.

4. On the basis of the number of trainees who are being trained or working in different areas and localities in Japan, the sending organization shall have to report to the Department for Managing Laborers Working in Foreign Countries the plan of organizing the management of the trainees who are sent by it for training in Japan.

Article 7.-Trainees in Japan who forsake their contracts on their own will shall be dealt with as follows:

1. They shall have to pay compensations to the sending organization for the losses and expenses related to the forsaking of the contract, including:

a/ Costs of recruitment and training in preparation for the training in Japan;

b/ Fines and compensations which the sending organization pays to the Japanese partner;

c/ Actual losses for the sending organization caused by the trainee who forsakes the contract on his/her own will.

2. They shall be forced to go back to Vietnam and bear all repatriation costs.

3. Their contract forsaking shall be notified to their families, their working place where they worked before leaving for training, and the People’s Committees of the communes, wards or townships where they reside.

4. They shall not be recruited for work in foreign countries for five years after returning to the country.

Article 8.-Responsibility of the sending organization in the repatriation of violating trainees.

1. Within 7 days after being informed by the receiving organization of the contract forsaking by the trainee, the sending organization must send a written proposal to the Diplomatic Representation or the Consulate of Vietnamese in Japan to repatriate the violating trainee; at the same time report the matter to the Department for Managing of Laborers working in foreign countries.

2. The sending organization shall coordinate with the receiving organization and functional agencies of Japan, the Diplomatic Representation or Consulate of Vietnam in Japan to organize the repatriation of the violating trainee.

3. To make an advance payment for timely settlement of arising questions. This money shall be deducted from the deposit of the trainee.

Article 9.-The sending organizations that violate this Regulation and current regulations of the State shall be subject to the following sanctions:

1. Suspension from sending trainees to Japan for six months if they commit one of the following violations:

a/ Recruiting trainees through intermediary or broker;

b/ Collecting money from trainees through intermediary or broker;

c/ Collecting money not as prescribed;

d/ Training and Providing vocational education for the trainees not as currently prescribed by the State;

e/ Having 10% and more of the total of trainees forsaking their contracts (from the effective date of this Regulation;

f/ Failing to abide by the reporting regime as prescribed in this Regulation and the documents guiding Decree No. 152/1999/ND-CP of September 20, 1999 of the Government.

2. Ban from sending trainees to Japan if they commit one of the following violations:

a/ Violating again one of the provisions of Clause 1 of this Article after suspension.

b/ Having 15% and more trainees forsaking their contracts.

Article 10.-The superior bodies of the sending organizations shall have to direct and manage the activities of the sending organizations under their management as prescribed in Article 20 of Decree No. 152/1999/ND-CP of September 20, 1999 of the Government.

Article 11.-The Department for Managing Laborers Working in Foreign Countries shall coordinate with the Inspectorate of labor and social policies, the directors of the Labor, War Invalids and Social Affairs Services in the provinces and centrally-run cities in organizing the inspection and supervision of the sending organizations in order to correct in time the mistakes and violations and propose ways of handling violations of this Regulation and other law-provisions.