Decree No. 38/2020/ND-CP detailing the Law on Vietnamese Guest Workers

DECREE

Detailing a number of articles of the Law on Vietnamese Guest Workers^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 29, 2006 Law on Vietnamese Guest Workers;

Pursuant to the November 26, 2014 Law on Enterprises;

Pursuant to the November 26, 2014 Investment Law, and the November 22, 2016 Law Amending and Supplementing Article 6 of and Appendix 4 to the Investment Law Regarding the List of Sectors and Trades Subject to Conditional Business Investment;

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

The Government promulgates the Decree detailing a number of articles of the Law on Vietnamese Guest Workers.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree prescribes overseas regions and jobs banned from employment of Vietnamese guest workers; licenses for provision of the service of sending workers abroad and conditions and procedures for grant and renewal of licenses; deposits of enterprises providing the service of sending workers abroad; deposits and management and use of deposits of enterprises performing contracts on recruitment of workers as apprentices; conditions for sending persons to the territory of Taiwan (China) as workers, to Japan for skill practice, and to Middle East countries as domestic workers; and responsibilities of related agencies.

Article 2.Subjects of application

1. Enterprises and non-business organizations sending Vietnamese workers abroad as guest workers.

2. Workers sent abroad to work in the forms specified in Article 6 of the Law on Vietnamese Guest Workers.

3. Agencies, organizations and individuals involved in the sending of Vietnamese workers abroad as guest workers.

Article 3.Overseas regions and jobs banned from employment of Vietnamese guest workers

1. Regions at war or in danger of war, radiation-contaminated regions, toxin-contaminated regions, and regions suffering extremely dangerous epidemics.

2. The list of jobs banned from employment of Vietnamese guest workers is provided in Appendix I to this Decree.

Chapter II

LICENSES FOR PROVISION OF THE SERVICE OF SENDING WORKERS ABROAD AND CONDITIONS AND DOSSIERS FOR GRANT AND RENEWAL OF LICENSES

Section 1

LICENSES FOR PROVISION OF THE SERVICE OF SENDING WORKERS ABROAD

Article 4.Licenses for provision of the service of sending workers abroad

1. Licenses for provision of the service of sending workers abroad shall be granted by the Ministry of Labor, Invalids and Social Affairs.

2. Licenses for provision of the service of sending workers abroad shall be printed in paperboard of A4 size (21cm x 29.7cm), with blue-colored patterns and watermarked national emblem in black-colored frame lines.

3. The contents of a license for provision of the service of sending workers abroad must comply with Form No. 01 provided in Appendix II to this Decree (not translated).

Article 5.Licensing fee

1. Enterprises shall pay a licensing fee upon receipt of licenses.

2. The collection, management and use of the licensing fee must comply with the law on charges and fees.

Section 2

CONDITIONS FOR GRANT OF LICENSES FOR PROVISION OF THE SERVICE OF SENDING WORKERS ABROAD

Article 6.Conditions on types of enterprises and legal capital

An enterprise providing the service of sending workers abroad (below referred to as service enterprise) must be a limited liability company, joint-stock company or partnership established and operating under the Law on Enterprises and meet the following conditions on capital:

1. Having a legal capital of at least VND 5,000,000,000 (five billion Vietnam dong).

2. Having its owner(s), all members or shareholders being domestic investors as prescribed in the Investment Law.

Article 7.Schemes on provision of the service of sending workers abroad

The contents of a scheme on provision of the service of sending workers abroad must comply with the laws of Vietnam and receiving countries and comply with Form No. 02 provided in Appendix II to this Decree.

Article 8.Full-time apparatuses in charge of organizing further training courses to provide essential knowledge to workers before being sent abroad and conducting activities of sending workers abroad

1. The full-time apparatus in charge of organizing further training courses to provide essential knowledge to workers before being sent abroad and conducting activities of sending workers abroad (below referred to as the apparatus) of a service enterprise must consist of:

a/ A center for providing further training courses to provide essential knowledge to workers before being sent abroad, which must have a training section and a trainee management section;

b/ Professional divisions conducting activities of sending workers abroad, which have the tasks of exploiting overseas markets, recruiting workers, managing workers working abroad, supporting workers to return to the country, and managing financial issues;

c/ The further training center and professional divisions must have sufficient professional staffs serving the provision of the service of sending workers abroad.

2. Physical foundations used for organization of further training courses to provide essential knowledge to workers must belong to service enterprises or be permanently hired by service enterprises under contracts in accordance with law and meet at least the following conditions:

a/ Having sufficient classrooms and residential rooms for 100 workers at a time;

b/ Having an average classroom area of 1.4m²/trainee and an average residential area of 3.5m²/trainee with basic equipment serving study and daily-life activities.

3. A service enterprise that is granted a license for provision of the service of sending workers abroad for the first time shall, within 90 days after being granted the license, complete the implementation of the plan on organization of a full-time apparatus in charge of organizing further training courses to provide essential knowledge and conducting activities of sending workers abroad.

Article 9.Professional staffs and executive officers

1. Professional staffs mentioned at Point c, Clause 1, Article 8 of this Decree must meet the following conditions:

a/ Signing definite- or indefinite-term labor contracts with service enterprises;

b/ Not being examined for penal liability, serving criminal court judgments or banned from holding certain positions, practicing certain professions or performing certain jobs;

c/ Possessing a professional diploma of college or higher level;

d/ Professional staffs in charge of exploiting overseas markets, recruiting workers, managing workers working abroad and providing further training in essential knowledge to workers must be law, economics/business administration or foreign-language graduates and have at least 1 year’s working experience in the field of sending workers abroad.

2. Executive officers in charge of activities of sending workers abroad are at-law representatives of enterprises and must meet the conditions prescribed in Clause 3, Article 9 of the Law on Vietnamese Guest Workers and at Point b, Clause 1 of this Article.

Article 10.Deposits of service enterprises

Each enterprise shall deposit VND 1,000,000,000 (one billion Vietnam dong) at a commercial bank licensed to operate in Vietnam. Enterprises’ deposits shall be used according to Clauses 1 and 2, Article 22 of the Law on Vietnamese Guest Workers.

Section 3

DOSSIERS FOR GRANT AND RENEWAL OF LICENSES FOR PROVISION OF THE SERVICE OF SENDING WORKERS ABROAD

Article 11.Dossiers of application for licenses

An enterprise’s dossier of application for a license must comprise an application for a license (made according to Form No. 03 provided in Appendix II to this Decree) and the following papers:

1. One copy of the latest enterprise registration certificate.

2. Papers proving satisfaction of the capital conditions prescribed in Article 13 of this Decree.

3. One original of the deposit payment certificate.

4. One original of the scheme on provision of the service of sending workers abroad.

5. One copy of the certificate of title or contract on rent of physical foundations used for organization of further training courses to provide essential knowledge to workers.

6. Papers proving satisfaction of the conditions on executive officers and professional staffs prescribed in Article 14 of this Decree.

7. One copy of the enterprise’s charter.

Article 12.Dossiers of request for renewal of licenses

A dossier of request for renewal of a license must comprise a request of the enterprise (made according to Form No. 04 provided in Appendix II to this Decree) and the following papers:

1. One original of the license.

2. One copy of the latest enterprise registration certificate.

3. Copies of papers proving satisfaction of the conditions prescribed in Clause 2, Article 8, and Article 9, of the Law on Vietnamese Guest Workers, specifically as follows:

a/ For cases of changing the level of capital: papers proving satisfaction of the capital conditions prescribed in Article 13 of this Decree;

b/ For cases of changing the executive officer: papers proving satisfaction of the conditions on executive officers prescribed in Article 14 of this Decree;

c/ For cases of changing the apparatus: a report on the apparatus in charge of organizing further training courses to provide essential knowledge to workers and conducting activities of sending workers abroad; the certificate of title or contract on rent of physical foundations used for organization of further training courses on essential knowledge for workers (for cases of changing the location of the further training center);

d/ For cases of changing professional staffs: a list of professional staffs and papers proving that new staffs meet the conditions prescribed in Article 14 of this Decree.

4. One original of the document certifying the enterprise’s contribution to the Overseas Employment Support Fund by the end of the preceding quarter.

Article 13.Dossiers proving satisfaction of capital conditions

1. For an enterprise that has been granted an enterprise registration certificate for 1 year or more: The financial statement of the preceding year and the financial statement for the period from the beginning of the year to the end of the quarter preceding the time of applying for a license, which have been audited according to Vietnam’s audit standards issued by the Ministry of Finance.

2. For an enterprise that has been granted an enterprise registration certificate for less than 1 year, counted from the time of making business registration for the first time: A report on equity sources audited according to Vietnam’s audit standards issued by the Ministry of Finance at most 1 month before the time of dossier submission, or a dossier of contribution of capital for enterprise establishment, comprising:

a/ Copies of the following papers: Capital contribution records of founding shareholders, shareholder register, and share ownership certificates, for joint-stock companies; capital contribution records of members, member register, and capital contribution ownership certificates, for limited liability companies with two or more members; owner’s decision on capital allocation, for single-member limited liability companies whose owners are organizations; or capital contribution records of partners and capital contributors, for partnerships;

b/ Documents on payment of money to the enterprise’s bank account, for founding shareholders, founding members, owners, partners or capital contributors being individuals; or checks or payment or bank transfer orders or documents of cashless payment according to current regulations, for founding shareholders, founding members, owners or capital contributors being enterprises;

c/ Certification by the commercial bank licensed to operate in Vietnam where the enterprise opens its account of the enterprise’s account balance at the time of submission of the dossier of application for a license (for cases of making capital contribution in cash) or a certificate issued by a valuation organization in Vietnam of results of valuation of assets contributed as capital, which must remain valid for a least 30 days counted to the date of submission of the dossier of application for a license for provision of the service of sending workers abroad, accompanied with documents proving the transfer of ownership of assets contributed as capital in accordance with the Law on Enterprises (for cases of making capital contribution in asset).

Article 14.Dossiers proving satisfaction of conditions on executive officers and professional staffs

A dossier proving satisfaction of conditions on executive officers and professional staffs must comprise the following papers:

1. One copy of the professional diploma of each of these persons.

2. One original of the criminal record certificate of each of these persons in accordance with law.

3. One copy of the labor contract of each of these persons (if any).

4. Copies of documents showing working experiences of executive officers and professional staffs prescribed at Point d, Clause 1, Article 9 of this Decree (appointment decisions or labor contracts or certifications of working experiences).

Chapter III

DEPOSITS FOR PERFORMANCE OF CONTRACTS ON RECRUITMENT OF WORKERS AS APPRENTICES

Article 15.Deposit for performance of contracts on recruitment of workers as apprentices

1. Deposits of enterprises sending workers abroad in the form of apprenticeship for skill improvement shall be used by competent state agencies to settle issues arising in case enterprises fail to fulfill or fully fulfill their obligations in sending workers abroad in the form of apprenticeship for skill improvement.

2. Enterprises sending workers abroad in the form of apprenticeship for skill improvement shall pay deposits to accounts at commercial banks.

3. Commercial banks and enterprises shall sign deposit contracts in accordance with this Decree and relevant laws. Deposit-receiving banks shall make certification of enterprises’ payment of deposits according to Form No. 05 provided in Appendix II to this Decree.

Article 16.Level of deposit for performance of contracts on recruitment of workers as apprentices

The level of deposit to be paid by an enterprise sending workers abroad in the form of apprenticeship for skill improvement shall be equal 10% of economy-class one-way airline tickets from the receiving country to Vietnam applied at the time of deposit payment, multiplied by the number of workers sent abroad under signed contracts on recruitment of workers as apprentices.

Article 17.Use and final settlement of deposits for performance of contracts on recruitment of workers as apprentices

1. Provincial-level People’s Committee chairpersons may use deposits according to Clause 1, Article 15 of this Decree; make certification for banks to return deposits and settle accounts for enterprises sending workers abroad in the form of apprenticeship for skill improvement under contracts on sending workers abroad in the form of apprenticeship for skill improvement for a period of under 90 days.

2. The Minister of Labor, Invalids and Social Affairs may use deposits according to Clause 1, Article 15 of this Decree; make certification for banks to return deposits and settle accounts for enterprises sending workers abroad in the form of apprenticeship for skill improvement under contracts on sending workers abroad in the form of apprenticeship for skill improvement for a period of at least 90 days.

3. Provincial-level People’s Committee chairpersons and the Minister of Labor, Invalids and Social Affairs shall request in writing banks to permit the withdrawal of deposits or deduction of money from deposit accounts of enterprises for use for the contents prescribed in Clause 1, Article 15 of this Decree.

Within 30 days after having their deposits withdrawn or having money deducted from their deposit accounts, enterprises shall make additional payment so as to reach the prescribed deposit level. If enterprises fail to do so, banks shall send a written notice to the Ministry of Labor, Invalids and Social Affairs or provincial-level People’s Committees for the latter to take handling measures in accordance with law.

Chapter IV

CONDITIONS FOR PROVISION OF THE SERVICE OF SENDING WORKERS TO THE TERRITORY OF TAIWAN

Article 18.Conditions for service enterprises to be introduced to send workers to the territory of Taiwan

A service enterprise that has not been sanctioned for administrative violations concerning the sending of workers abroad for 2 years up to the date of submission of a dossier of request for introduction to Taiwanese partners shall be considered and introduced to competent authorities of Taiwan (China) for sending workers to the territory of Taiwan if meeting the following conditions:

1. The enterprise has a professional staff providing further training in essential knowledge to take charge of the Taiwanese market who has at least 1 year’s experience in sending workers to the territory of Taiwan.

2. The staffs in charge of exploiting overseas markets and managing workers working abroad have a Chinese language certificate of at least HSK5 or TOCFL4 or equivalent level.

Article 19.Dossiers and procedures for introducing service enterprises to send workers to the territory of Taiwan

1. A dossier of request for introduction must comprise:

a/ A request made according to Form No. 06 provided in Appendix II to this Decree;

b/ Documents proving satisfaction of the conditions prescribed in Clauses 1 and 2, Article 18 of this Decree (if there are any changes compared to the enterprise’s dossier kept at the Ministry of Labor, Invalids and Social Affairs).

2. Procedures for introduction:

a/ A service enterprise shall submit directly or send by post 1 set of dossier to the Ministry of Labor, Invalids and Social Affairs;

b/ Within 10 working days after receiving a complete and valid dossier, the Ministry of Labor, Invalids and Social Affairs shall issue a letter introducing the enterprise to competent agencies of Taiwan (China). In case of refusal to issue a letter of introduction, the Ministry of Labor, Invalids and Social Affairs shall issue a written reply clearly stating the reason.

Article 20.Further training in essential knowledge, training and management of workers before being sent to the territory of Taiwan

1. Service enterprises shall organize further training courses on essential knowledge (at least 74 class hours), skill improvement courses and Chinese language courses for workers before they are sent to Taiwan (China) at the request of receiving partners.

2. Service enterprises shall organize further training courses on essential knowledge (at least 134 class hours), home-based caregivers (at least 120 class hours) and Chinese language (at least 267 class hours) for workers who are sent to work as home-based caregivers for the first time.

3. Service enterprises shall, at least 5 working days before submitting dossiers of application for visas for workers, submit directly or send by post 1 original of a list of workers expected to exit Vietnam (full name, date of birth, native place, serial number of passport and telephone number of each person, and worker-receiving partner) to the Ministry of Labor, Invalids and Social Affairs for the latter to make certification.

Chapter V

CONDITIONS FOR PROVISION OF THE SERVICE OF SENDING WORKERS TO JAPAN FOR SKILL PRACTICE

Article 21.Conditions for service enterprises to be introduced to send workers to Japan for skill practice

A service enterprise that has not been sanctioned for administrative violations concerning the sending of workers abroad for 2 years up to the date of submission of a dossier of request for introduction to Japanese partners shall be considered and introduced to send workers to Japan for skill practice if meeting the following conditions:

1. Having physical foundations for further training in essential knowledge and training in Japanese according to Point b, Clause 2, Article 8 of this Decree.

2. Having a full-time staff in charge of the Japanese market who has at least 1 year’s experience in sending workers to Japan for skill practice; and having staffs in charge of exploiting overseas markets and managing workers working abroad who have Japanese certificates of at least N2 (JLPT) or equivalent level.

3. Meeting criteria applicable to enterprises sending workers to Japan for skill practice according to agreements between the Ministry of Labor, Invalids and Social Affairs and Japanese competent authorities.

Article 22.Dossiers and procedures for introducing service enterprises to send workers to Japan for skill practice

1. A dossier of request for introduction must comprise:

a/ A request made according to Form No. 07 provided in Appendix II to this Decree;

b/ Documents proving satisfaction of the conditions prescribed in Clauses 1, 2 and 3, Article 21 of this Decree (if there are any changes compared to the enterprise’s dossier kept at the Ministry of Labor, Invalids and Social Affairs).

2. Procedures for introduction:

a/ A service enterprise shall submit directly or send by post 1 set of dossier of request for introduction to the Ministry of Labor, Invalids and Social Affairs;

b/ Within 10 working days after receiving a complete and valid dossier, the Ministry of Labor, Invalids and Social Affairs shall include the name of the service enterprise in the list of enterprises to be introduced to Japanese competent authorities, and provide written instructions for the enterprise. In case of refusal to introduce the enterprise, the Ministry of Labor, Invalids and Social Affairs shall issue a written reply clearly stating the reason.

Article 23.Principles of cooperation between Vietnamese service enterprises and Japanese management organizations

The Ministry of Labor, Invalids and Social Affairs shall reach agreement with Japanese competent authorities on principles of cooperation between Vietnamese service enterprises and Japanese management organizations and inform service enterprises of these principles for implementation.

Article 24.Management of workers who are sent to Japan for skill practice

When the number of workers sent by an enterprise to Japan for skill practice reaches 200 or more, the enterprise shall appoint a Japan-based staff to take charge of managing workers and notify the address and telephone number of that person to the Ministry of Labor, Invalids and Social Affairs and the Vietnamese representative mission in Japan.

Chapter VI

CONDITIONS FOR PROVISION OF THE SERVICE OF SENDING DOMESTIC WORKERS TO MIDDLE EAST COUNTRIES

Article 25.Conditions on service enterprises sending domestic workers to Middle East countries

A service enterprise that has not been sanctioned for administrative violations concerning the sending of workers abroad in 2 years up to the date of submission of a dossier of request for the first time shall be permitted to send domestic workers to Middle East countries if meeting the following conditions:

1. Having skill practice rooms with necessary equipment and devices for practicing household chores suitably to the culture and traditions of Middle East countries receiving domestic workers.

2. Having professional staffs who have at least 1 year’s experience in sending workers to Middle East countries.

3. Having at least 1 staff based in each of the receiving countries in the Middle East to take charge of managing workers. These staffs must have at least 1 year’s experience in managing workers in foreign countries, be influent in Arabic or possess an English certificate of B1 or higher level (the Common European Framework of Reference for Languages - CEFR) or equivalent.

Article 26.Dossiers and procedures for registration for providing the service of sending domestic workers to Middle East countries

1. A dossier of registration must comprise:

a/ A request, made according to Form No. 08 provided in Appendix II to this Decree;

b/ Documents proving satisfaction of the conditions prescribed in Article 25 of this Decree (if there are any changes compared to the enterprise’s dossier kept at the Ministry of Labor, Invalids and Social Affairs).

2. Procedures for registration:

a/ A service enterprise shall submit directly or send by post 1 set of dossier to the Ministry of Labor, Invalids and Social Affairs;

b/ Within 10 working days after receiving a complete and valid dossier, the Ministry of Labor, Invalids and Social Affairs shall issue a document allowing the enterprise to send domestic workers to Middle East countries. In case of refusal, the Ministry of Labor, Invalids and Social Affairs shall issue a written reply clearly stating the reason.

Article 27.Training and management of domestic workers sent to Middle East countries

1. Enterprises shall organize further training courses on essential knowledge (at least 74 class hours), domestic workers’ skills (at least 145 class hours) and Arabic or English (at least 145 class hours) for workers. The total training period must be at least 45 days.

2. Within 5 working days after commencing a training course, enterprises shall submit directly or send by post and via email a list of workers (full name, date of birth, and serial number of passport/people’s identity card/citizen identity card of each person) participating in the training course to the Ministry of Labor, Invalids and Social Affairs and update the list (if there are any changes).

3. Enterprises shall submit dossiers of application for visas for workers only after workers have completed the training courses prescribed in Clause 1 of this Article. When submitting dossiers of application for visas, enterprises shall concurrently submit or send by post and via email 1 original of a list of workers (full name, date of birth, and serial number of passport of each person) to the Ministry of Labor, Invalids and Social Affairs.

4. Enterprises shall appoint staffs based in receiving countries to take charge of managing workers in these countries according to Clause 3, Article 25 of this Decree before sending workers abroad and notify the addresses and telephone numbers of these persons to the Ministry of Labor, Invalids and Social Affairs and Vietnamese representative missions in receiving countries in the Middle East.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 28.Responsibilities of the Ministry of Labor, Invalids and Social Affairs

1. To act as the focal point assisting the Government in performing the unified state management of Vietnamese guest workers.

2. To coordinate with related agencies in formulating legal documents, policies and mechanisms on workers sent abroad and submit them to competent authorities for promulgation or promulgate them according to its competence; to direct the public communication and dissemination of the contents of the Law on Vietnamese Guest Workers and the relevant guiding documents.

3. To coordinate with related agencies in studying and developing overseas labor markets.

4. To negotiate and recommend competent authorities to sign treaties on labor in accordance with the law on conclusion of, accession to, and implementation of treaties; to conclude international agreements on labor in accordance with the law on conclusion and implementation of international agreements.

5. To formulate, and guide the implementation of, plans on training human resources for overseas working; to prescribe contents, programs and certificates of further training in essential knowledge for workers before being sent abroad; to provide further training to professional staffs in charge of sending workers abroad and foreign-based staffs in charge of managing workers.

6. To decide to grant, renew or revoke licenses for provision of the service of sending workers abroad in accordance with law.

7. To maintain and regularly update the websites (www.molisa.gov.vnandwww.dolab.gov.vn) with detailed information on the contents of labor supply contracts and contracts on sending workers to assorted markets in conformity with the policies and laws concerning guest workers of countries currently receiving Vietnamese workers and treaties and international agreements which Vietnam has signed.

8. To organize and guide the registration of contracts by enterprises and workers working abroad under personal contracts; to supervise the performance of contracts by enterprises.

9. To settle complaints and denunciations related to the sending of workers abroad in accordance with law; to carry out inspection and examination and handle organizations and individuals committing administrative violations in the sending of workers abroad.

10. To organize and conduct specialized inspection of activities of sending workers abroad and conduct post-licensing inspection of enterprises providing the service of sending workers abroad.

11. To coordinate with the Ministry of Foreign Affairs in organizing and directing the management of, and handling of matters relating to, Vietnamese guest workers; to coordinate with the Ministry of Foreign Affairs and Ministry of Home Affairs in organizing worker management units directly attached to Vietnamese representative missions in countries and regions with a large number of Vietnamese guest workers.

12. To prescribe and guide the submission of annual or unscheduled reports by enterprises and public non-business organizations to state management agencies; to organize the identification number-based management of workers sent abroad.

13. To make statistics of and provide information on activities of sending workers abroad.

14. To coordinate with the Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Health, State Bank of Vietnam, localities and other related agencies and organizations in sending workers abroad as guest workers.

Article 29.Responsibilities of the Ministry of Foreign Affairs

1. To coordinate with the Ministry of Labor, Invalids and Social Affairs and related ministries and sectors in studying and proposing to the Government guidelines and policies on Vietnamese guest workers.

2. To direct and guide overseas Vietnamese representative missions:

a/ To conduct consular protection, protection of lawful rights and interests of Vietnamese guest workers in host countries in accordance with the law of Vietnam, laws of host countries and treaties to which Vietnam and these countries are contracting parties;

b/ To coordinate with domestic functional agencies in handling matters arising in relation to Vietnamese guest workers in host countries; to study and provide information serving the development of the market of Vietnamese guest workers in host countries;

c/ To coordinate with the Ministry of Labor, Invalids and Social Affairs and related agencies in organizing activities to promote overseas labor markets.

Article 30.Responsibilities of the Ministry of Public Security

1. To coordinate with the Ministry of Labor, Invalids and Social Affairs and overseas Vietnamese representative missions in receiving Vietnamese workers who are expelled by receiving countries or forced to return to the country in accordance with the Law on Vietnamese Guest Workers.

2. To coordinate with related agencies in grasping the situation of organizations and individuals involved in the sending of Vietnamese workers abroad.

3. To detect and promptly handle acts of illegally sending Vietnamese people abroad to work or abusing the sending of workers abroad as guest workers to send Vietnamese people abroad for other purposes.

Article 31.Responsibilities of the Ministry of Health

To direct, examine, and inspect, and handle violations committed by, health establishments in organization of health checks for workers sent abroad in accordance with law.

Article 32.Responsibilities of provincial-level People’s Committees

1. To perform the state management of local workers sent abroad.

2. To direct their attached specialized agencies and subordinate People’s Committees:

a/ To disseminate the State’s guidelines, policies and laws on Vietnamese guest workers;

b/ To introduce workers who have the sense of discipline and strictly abide by law to participate in recruitment to work abroad;

c/ To create conditions for enterprises and non-business organizations to recruit workers in their localities and manage local workers sent abroad;

d/ To settle complaints and denunciations related to the sending of workers abroad in accordance with law;

dd/ To examine and inspect, and timely handle violations committed by, local enterprises in the sending of workers abroad;

e/ To organize the receipt of contract registration of workers working abroad under personal contracts and of enterprises sending workers abroad to work in the form of apprenticeship for skill improvement.

Article 33.Responsibilities of agencies and organizations specified at Points a, b and c, Clause 2, Article 10 of the Law on Vietnamese Guest Workers

1. To give their opinions to the Ministry of Labor, Invalids and Social Affairs on the grant of licenses for provision of the service of sending workers abroad to enterprises within 15 days after receiving written requests of the Ministry of Labor, Invalids and Social Affairs.

2. To coordinate and direct the settlement of issues relating to workers sent abroad by service enterprises under their management in case these enterprises are dissolved or bankrupt.

3. To support enterprises and non-business organizations under their management to settle arising issues related to interests of workers sent abroad.

4. To settle complaints and denunciations related to the sending of workers abroad in accordance with law.

5. To coordinate with the Ministry of Labor, Invalids and Social in managing workers performing particular jobs in the fields under their management.

Article 34.Transitional provisions

1. Service enterprises which have been granted licenses for provision of the service of sending workers abroad before the effective date of this Decree shall review and timely adjust their organizational apparatuses, staffs, and physical foundations to meet the conditions prescribed in Section 2, Chapter II of this Decree within 90 days since the effective date of this Decree.

2. Service enterprises which have obtained approval for sending persons to the territory of Taiwan (China) as workers, to Japan for skill practice or to Middle East countries as domestic workers before the effective date of this Decree shall review and timely adjust their staffs and physical foundations to meet the conditions prescribed in Chapters IV, V and VI of this Decree within 60 days since the effective date of this Decree.

3. Service enterprises shall publish on their websites information of their organizational apparatuses, staffs, and physical foundations correspondingly to the conditions prescribed in Section 2, Chapter II of this Decree; and the provisions on conditions prescribed in Chapters IV, V and VI of this Decree, and update information upon occurrence of changes.

Article 35.Effect

1. This Decree takes effect on May 20, 2020.

2. This Decree replaces the Government’s Decree No. 126/2007/ND-CP of August 1, 2007, detailing and guiding a number of articles of the Law on Vietnamese Guest Workers.

3. To annul the Minister of Labor, Invalids and Social Affairs’ Decision No. 19/2007/QD-BLDTBXH of July 18, 2007, promulgating regulations on organization of apparatuses taking charge of sending workers abroad and full-time apparatuses in charge of organizing further training courses on essential knowledge for workers before being sent abroad.

4. To annul:

a/ Points 1 and 2, Part IV of the Program on further training in essential knowledge for workers before being sent abroad, issued together with the Minister of Labor, Invalids and Social Affairs’ Decision No. 18/2007/QD-BLDTBXH of July 18, 2007;

b/ Points 1, 2, 3, 4, 5 and 6, Section I of the Ministry of Labor, Invalids and Social Affairs’ Circular No. 21/2007/QD-BLDTBXH of October 8, 2007, guiding in detail a number of articles of the Law on Vietnamese Guest Workers, and Government’s Decree No. 126/2007/ND-CP of August 1, 2007, detailing and guiding a number of articles of the Law on Vietnamese Guest Workers;

c/ The contents on deposits for securing the performance of contracts on sending workers abroad to work in the form of practice for skill improvement in Section II of Joint Circular No. 17/2007/TTLT-BLDTBXH-NHNNVN of September 4, 2007, of the Ministry of Labor, Invalids and Social Affairs and the State Bank of Vietnam, providing the management and use of deposits of enterprises and deposits of Vietnamese guest workers.

Article 36.Implementation responsibility

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, provincial-level People’s Committee chairpersons, and related agencies, organizations and individuals shall implement this Decree.

2. The Ministry of Labor, Invalids and Social Affairs shall, within the ambit of its functions and tasks, organize and guide the implementation of this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

Appendix I

LIST OF JOBS BANNED FROM EMPPLOYMENT OF VIETNAMESE GUEST WORKERS

(To the Government’s Decree No. 38/2020/ND-CP of April 3, 2020)

1. Message jobs at restaurants, hotels or entertainment centers.

2. Jobs regularly exposed to explosives and toxic substances in extractive metallurgy of non-ferrous metals (copper, lead, mercury, silver, zinc) or regularly exposed to manganese or mercury dioxide.

3. Jobs exposed to open radioactive sources, or mining radioactive ores of all types.

4. Manufacturing or packaging jobs regularly exposed to nitric acid, sodium sulfate, carbon disulfide or pesticides, herbicides, rodenticides, antiseptics or termiticides of strong toxicity.

5. Hunting predators, crocodiles or sharks.

6. Jobs to be performed in poorly ventilated or high-pressure areas (underground sites, deep-sea areas).

7. Shrouding or burying corpses, burning corpses, or exhuming tombs.