| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 07/CP | Hanoi, January 20th, 1995. |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government on the 30th of September 1992;
Pursuant to the Labor Code on the 23rd of June 1994;
At the proposal of the Minister of Labor, War Invalids and Social Affairs;
DECREE :
...
...
...
2. The following persons are not entitled to be sent for work abroad under this Decree :
- Public servants and functionaries at State administrative agencies;
- Officers, non-commissioned officers and men in the People's Army and People's Security Force;
- The personnel in a number of branches and services who are not allowed to work abroad by State regulations;
- The persons who are being investigated for penal liability or who are serving prison terms or who are not yet acquitted of culpability.
...
...
...
2. The above contracts shall be signed on the basis of Vietnamese law, the law of the host country, and international treaties which the Socialist Republic of Vietnam has signed or acceded to.
RIGHTS AND OBLIGATIONS OF THE LABORERS WORKING FOR GIVEN TERMS ABROAD
- The laborers have the following rights :
...
...
...
2. They are entitled to the benefits written in the signed contracts and related documents already agreed upon between Vietnam and the host country.
3. Their legitimate rights and interests which conform with Vietnam's law and the law of the host country as well as with international law and practice are protected by the Vietnamese diplomatic or consular representations in the host country.
4. They are entitled to social insurance benefits and the related policies and regimes as prescribed by Vietnamese law.
5. They are allowed to take along to the host country and to take home the necessary working tools, to transfer their income in foreign currency and their personal properties to the country according to the agreements and contracts signed with foreign countries under current law of Vietnam and the host country;
6. They are entitled to send complaints to the authorized managerial agencies of Vietnam and the host country about the violations of contracts by the employer or the economic organization which sends Vietnamese laborers to work for given terms in foreign countries, violations which affect their legitimate interests.
7. They shall be issued the labor book, the wage book and the social insurance book as prescribed by Vietnamese law.
- The laborers have the duties :
1. To sign the contract to work abroad with the economic organization assigned the task of sending Vietnamese laborers to work for given terms in foreign countries, sign the contract with the employer in the foreign country (if any), and fully abide by the terms of the contract;
...
...
...
3. To remit to the economic organization assigned the task of sending Vietnamese laborers to work for given terms abroad, a security money as guarantee for the fulfillment of the contract. The level of this remittance and the modalities for this remittance shall be agreed upon between the laborers and the economic organization, but it must not exceed the airfare from Vietnam to the host country;
4. To pay social insurance premiums as prescribed by the Vietnamese Government through the economic organization assigned the task of sending the laborers to work for given terms abroad;
5. To pay income tax as prescribed by law;
6. To take responsibility for the damage caused by their violations of the signed labor contracts and other property relations of their own under the law of Vietnam and the host country;
8. To observe the law, respect the customs and habits, and maintain good relations with the people in the host country.
...
...
...
2. Well acquainted with the labor market, the labor law and the immigration law of the host country and the related international laws;
3. Having an apparatus and a contingent of personnel capable in management and foreign languages.
1. To take the initiative in finding out and surveying the labor market, choose the forms of contract and sign contracts to send Vietnamese laborers to work for given terms abroad, to assure the interests of the State, the economic organizations and the laborers.
2. To directly organize the fostering, training and selection of labor in conformity with the requirements of the employer and the prescriptions of Vietnamese law.
3. To collect from the laborers a service fee defined in Item 2 of Article 7 of this Decree.
4. To preserve the security money as defined in Item 3 of Article 7 of this Decree, and return to the laborers on the expiry of their labor contracts, including the interest calculated according to the interest rate for current deposits announced for each period by the Vietnam State Bank.
5. They are entitled to request the laborers to pay compensations for their violations of the contracts.
...
...
...
1. To apply for permits to carry out the contracts according to Articles 12 and 13 of this Decree;
2. To strictly carry out the contracts signed with the foreign sides;
3. To sign contracts with the laborers to work abroad;
4. To ensure fully the interests of the laborers under the provisions of the contract signed with the foreign side;
5. To collect the social insurance premiums of the laborers and to remit it to the Social Insurance Fund as prescribed by the Vietnamese Government;
6. To select the laborers, accompany them to the host countries and back to Vietnam, manage and protect their legitimate interests during their working period abroad;
7. To preserve and certify in the labor book, the pay book and the social insurance book, the income of the laborers during their working period abroad according to the prescriptions of Vietnamese law;
...
...
...
9. To observe the regime on making reports as prescribed by the Ministry of Labor, War Invalids and Social Affairs.
- The Ministry of Labor, War Invalids and Social Affairs has the responsibility :
1. To exercise unified State management of the sending of Vietnamese laborers to work for given terms abroad;
2. To negotiate and sign Governmental Agreements on cooperation in the use of labor with foreign countries on mandate from the Prime Minister;
...
...
...
4. To study the labor market abroad, coordinate with other ministries, services and localities in working out and organizing the execution of the working programs abroad, and provide guidance for the economic organizations operating in the area of sending Vietnamese laborers to work abroad;
5. Basing itself on the need of the labor market abroad to issue permits to the economic organizations and collect fees for this issue according to regulations of the Government;
6. To periodically report to the Prime Minister on the situation of the Vietnamese laborers working for given terms abroad; to coordinate with the Ministry for Foreign Affairs and the concerned ministries and services in the settlement of problems that might arise;
7. To propose to the Ministry for Foreign Affairs to appoint persons to look after the State management of labor at the representative offices of Vietnam abroad.
- The permit stipulated at Item 5 of Article 12 comprises the following :
1. The operating permit for sending Vietnamese laborers to work for given terms abroad shall be granted to the economic organizations defined at Article 8 of this Decree. It is valid for three years.
2. The permit to carry out the contract to send Vietnamese laborers to work for given terms abroad. This permit shall be issued only to the economic organizations which already have the operating permits to send Vietnamese laborers to work abroad.
3. The laborer, who wants to go and work abroad under a contract with an organization or individual abroad, must fill the procedures through an economic organization having an operating permit.
...
...
...
The Minister of Labor, War Invalids and Social Affairs shall define the procedures for issuing permits in order to ensure close but simple and expedient State management conformable with the need to reform the administrative procedures of the Government.
...
...
...
...
...
...
File gốc của Decree No. 07-CP of January 20th, 1995, of the Government detailing some articles of the Labor code concerning the sending of Vietnamese laborers to work for given terms abroad đang được cập nhật.
Decree No. 07-CP of January 20th, 1995, of the Government detailing some articles of the Labor code concerning the sending of Vietnamese laborers to work for given terms abroad
Tóm tắt
| Cơ quan ban hành | Chính phủ |
| Số hiệu | 07-CP |
| Loại văn bản | Nghị định |
| Người ký | Võ Văn Kiệt |
| Ngày ban hành | 1995-01-20 |
| Ngày hiệu lực | 1995-01-01 |
| Lĩnh vực | Lao động - Tiền lương |
| Tình trạng | Hết hiệu lực |