Decree 112/2021/ND-CP detailing the Law on Vietnamese Guest Workers

DECREE

Detailing a number of articles of, and providing measures for implementing, the Law on Vietnamese Guest Workers^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 17, 2020 Law on Enterprises;

Pursuant to the November 13, 2020 Law on Vietnamese Guest Workers;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government promulgates the Decree detailing a number of articles of, and providing measures for implementing, the Law on Vietnamese Guest Workers.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of, and provides measures for implementing, the Law on Vietnamese Guest Workers regarding:

1. Conditions and dossiers of application for licenses for provision of the services of sending Vietnamese workers abroad as guest workers specified in Clause 2, Article 10; Clause 4, Article 12; Clause 4, Article 16; Clause 6, Article 17; and Clause 2, Article 74.

2. Conditions for provision of the services of sending Vietnamese workers abroad as guest workers applicable to certain markets, professions, occupations and jobs specified in Clause 2, Article 8.

3. The deposit levels and management and use of deposits by enterprises specified in Clause 3, Article 24; and Clause 2, Article 36.

4. The maximum deposit level and management, use and return of deposits by employees specified in Clause 5, Article 25; and at Point c, Clause 1, Article 43.

5. Conditions and procedures for online registration of labor contracts signed after workers leave Vietnam specified in Clause 2, Article 54.

6. Measures for implementing the Law on Vietnamese Guest Workers.

Article 2. Subjects of applications

1. Vietnamese workers who go abroad to work under contracts signed with non-business units or Vietnamese enterprises providing the services of sending Vietnamese workers abroad as guest workers.

2. Vietnamese citizens signing lawful labor contracts after leaving the country.

3. Vietnamese enterprises providing the services of sending Vietnamese workers abroad as guest workers (below referred to as service enterprises).

4. Vietnamese enterprises sending Vietnamese workers abroad for refresher training in occupational knowledge and skills.

5. Public non-business units under ministries, ministerial-level agencies and government-attached agencies assigned to send Vietnamese workers abroad as guest workers (below referred to as non-business units).