Circular 02/2024/TT-BLDTBXH amend a number of articles of Circular No. 21/2021/TT-BLDTBXH

CIRCULAR

Amending and supplementing a number of articles of the Minister of Labor, Invalids and Social Affairs’ Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021, detailing a number of articles of the Law on Vietnamese Guest Workers

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Pursuant to the Law on Vietnamese Guest Workers No. 69/2020/QH14 dated November 13, 2020;

Pursuant to the Government’s Decree No. 62/2022/ND-CP dated September 12, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

At the proposal of the Director of the Department of Overseas Labor;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular amending and supplementing a number of articles of the Minister of Labor, Invalids and Social Affairs’ Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021, detailing a number of articles of the Law on Vietnamese Guest Workers.

Article 1. Amending and supplementing a number of articles of the Minister of Labor, Invalids and Social Affairs’ Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021, detailing a number of articles of the Law on Vietnamese Guest Workers

1. To amend Clause 3 Article 3 as follows:

“3. A document proving that a competent authority of the receiving country allows recruitment of foreign workers for the foreign partner entering into cooperation with a Vietnamese enterprise for the first time. Such document may be:

a) In case the foreign partner is the employer, proving documents include:

a1) 01 copy of the employer’s business license or another equivalent document granted by the competent authority that shows the business field suitable to professions, occupations and jobs requiring foreign workers, and its Vietnamese translation;

a2) For countries with regulations on conditions for receiving foreign workers, the employer provides 01 copy of a document showing that the employer satisfies these regulations, and its Vietnamese translation.

b) In case the foreign partner is the employment service organization, proving documents include:

b1) 01 copy of the employment service organization’s business license or another equivalent document granted or certified by the competent authority that shows business professions, occupations including employment services, and its Vietnamese translation;

b2) 01 copy of the cooperation agreement or written request for sourcing or recruiting Vietnamese workers of the employer for the employment service organization, and its Vietnamese translation;

b3) Proving documents for the employer specified at Point a of this Clause.”

2. To amend Clause 5 Article 3 as follows:

“5. A commitment to prioritizing the recruitment of workers who have participated in workforce preparation activities. Such commitment between the Vietnamese service enterprise and workers shows that the enterprise shall prioritize the recruitment of workers to work overseas after the labor supply contract has been registered and approved.”

3. To amend and supplement Article 4 as follows:

“Article 4. Specific contents of labor supply contracts

1. Specific contents of a labor supply contract according to market, profession, occupation and job shall be as follows:

a) For professions, occupations and jobs in the Japanese labor market, the specific contents are defined in the Appendix II issued together with this Circular.

b) For professions, occupations and jobs in the labor market of Taiwan (China), the specific contents are defined in the Appendix III issued together with this Circular.

c) For professions, occupations and jobs in the Korean labor market, the specific contents are defined in the Appendix IV issued together with this Circular.

d) For professions, occupations and jobs in the labor market of West Asia, Central Asia and Africa, specific contents are defined in the Appendix V issued together with this Circular.

dd) For professions, occupations and jobs in the labor market of Europe and Oceania, the specific contents are defined in the Appendix VI issued together with this Circular.

e) For professions, occupations and jobs in the labor market of Americas, the specific contents are defined in the Appendix VII issued together with this Circular.

g) For professions, occupations and jobs in the labor market of China, Macau (China) and Southeast Asia, the specific contents are defined in the Appendix VIII issued together with this Circular.

h) For jobs performed at international seas, the specific contents are defined in the Appendix IX issued together with this Circular.

2. The labor supply contract is agreed between the service enterprise and the worker-receiving foreign partner but must ensure the minimum conditions specified in Clause 1 of this Article.”

4. To amend and supplement Article 5 as follows:

“Article 5. Documents proving that the sending of Vietnamese workers abroad as guest workers complies with the law of the host country

1. For the Malaysian labor market and the labor market of Taiwan (China), the proving document is 01 copy of the paper on appraisal of the dossier for recruitment of Vietnamese workers issued by the representative mission of Vietnam in Malaysian and Taiwan (China).

2. For labor markets in Europe, America, Oceania and skilled technical workers in the Korean market, in case the worker-receiving foreign partner is the employer, proving documents shall include:

a) 01 copy of the employer’s business license or another equivalent document granted by the competent authority that shows the business field suitable to professions, occupations and jobs requiring foreign workers, and its Vietnamese translation;

b) 01 copy of the document of the competent authority of the receiving country allowing the employer to recruit foreign workers or 01 copy of the document of the competent authority certifying the employer to satisfy requirements/conditions for recruitment of foreign workers or the list of professions, occupations, and jobs permitted to recruit foreign workers for the receiving country with regulations, and its Vietnamese translation.

3. For other countries and territories, in case the worker-receiving foreign partner is the employer, the proving document is 01 copy of document of the competent agency of the receiving country allowing the employer to recruit foreign workers, and its Vietnamese translation.

In case the receiving country does not have the above-mentioned documents: 01 copy of the employer’s business license or another equivalent document, or another document of relevant competent authorities or professional organizations (for individual business households) that shows the employer’s production and business fields are consistent with professions, occupations and jobs recruiting foreign workers. At the same time, it is consistent with the list of professions, occupations and jobs recruiting foreign workers for the receiving country with regulations, and its Vietnamese translation.

4. For countries and territories mentioned in Clauses 2 and 3 of this Article, in case the worker-receiving foreign partner is an employment service organization, proving documents include:

a) 01 copy of the employment service organization’s business license or another equivalent document granted or certified by the competent authority that shows business professions, occupations including employment services, and its Vietnamese translation;

b) 01 copy of the cooperation agreement or written request or written authorization to recruit Vietnamese workers of the employer for the employment service organization, and its Vietnamese translation;

c) Proving documents for the employer specified in Clause 2 or Clause 3 of this Article.”

5. To amend Article 7 as follows:

“Article 7. Maximum service prices under brokerage contracts

1. The maximum service prices under a brokerage contract shall be according to the agreement between a service enterprise and an intermediary organization or individual but must not exceed half of the worker’s monthly wage stated in the labor contract for every 12 working months. For cases of labor contracts with the definite term of 36 months or more, the maximum service prices under a brokerage contract must not exceed 1.5 of the worker’s monthly wage stated in the labor contract.

2. The maximum service prices under brokerage contracts for a number of markets, professions, occupations and jobs are specified in the Appendix X issued together with this Circular.”

Article 2. Replacing a number of appendices, forms of Circular No. 21/2021/TT-BLDTBXH

1. To replace: Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, Appendix VII, Appendix VIII, Appendix IX, Appendix X and Appendix XI issued together with Circular No. 21/2021/TT-BLDTBXH respectively with Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, Appendix VII, Appendix VIII, Appendix IX, Appendix X and Appendix XI issued together with this Circular;

2. To replace Form No. 01 of Appendix XIII, Form No. 02 and Form No. 03 of Appendix I issued together with Circular No. 21/2021/TT-BLDTBXH respectively with Form No. 01, Form No. 02, Form No. 03 of Appendix I issued together with this Circular.

Article 3. Transitional provisions

1. Signed contracts on sending Vietnamese workers to work overseas and other related agreements for which the workers have left the country before the effective date of this Circular, shall continue to be implemented until the end of the contracts.

2. If the registered labor supply contract approved by the Ministry of Labor, Invalids and Social Affairs for which the workers have not yet left the country before May 15, 2024, contains contents contrary to the provisions of this Circular, it shall be amended, supplemented or newly signed.

Article 4. Effect

1. This Circular takes effect on May 15, 2024.

2. Any difficulty and problem arising in the course of implementation of this Circular should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for prompt guidance./.