Hiring Vietnamese to work abroad under direct employment contract

Hiring Vietnamese to work abroad under direct employment contract

Hiring Vietnamese to work abroad under direct employment contract is one of three formats of contract based Vietnamese overseas workers, in which employment contract is signed by the Vietnamese workers and overseas employers.

I. Rights and obligations of employment contract based Vietnamese overseas workers

1. Employment contract based Vietnamese overseas  workers shall have rights to:

a/ be provided with Vietnamese regulations and law on Vietnamese guest workers; policies, laws, customs and traditions of host countries related to the workers; rights and obligations of parties when working abroad;

b/ be advised and assisted to execute rights, obligations and receive benefits under employment contracts and vocational training contracts;
c/ benefit from salary, wages, medical examination and treatment policies, social insurance, occupational accident insurance, other policies according to employment contracts; inward transfer of salary, wages, income and other legal assets of individuals according to regulations and law of Vietnam and host countries;
d/ be protected in terms of legal rights and benefits during period of working abroad under contracts conforming to regulations and law of Vietnam and host countries and international practices;
dd/ unilaterally terminate employment contracts if workers are bused, exploited by employers, facing life-threatening risks or sexual harassment during period of working abroad;
e/ benefits from policies assisting labor, occupation and rights from Fund for overseas employment as per the law;
g/ not pay social insurance or person income tax twice in Vietnam and host countries if Vietnam and the host countries have entered into agreements on social insurance or double taxation agreements;
h/ complain, accuse and file lawsuits against violations to regulations and law in bringing Vietnamese workers abroad;
i/ be advised, assisted in terms of employment and start-up after repatriating and access voluntary social psychological consulting service.

2. Employment contract based Vietnamese overseas  workers shall have obligations to:

a/ comply with regulations and law of Vietnam and host countries;
b/ preserve and emphasize culture and traditions of Vietnam; respect traditions and customs of host countries; cooperate with workers in host countries;
c/ complete orientation education course before working abroad;
d/ submit service fees and perform margin as specified under this Law;
dd/ work as pert the law; comply with labor discipline and regulations; comply with management, administration and supervision of foreign employers according to employment contracts;
e/ compensate for violations of signed contracts according to regulations and law of Vietnam and host countries;
g/ repatriate in a timely manner after terminating employment contracts and vocational training contracts; inform residence registration authorities before working abroad or after repatriating according to Law on Residence within 15 days from the date of repatriation;
h/ submit tax and participate in social insurance and other forms of insurance according to regulations and law of Vietnam and host countries;
i/ contribute the fund for overseas employment.

II. Eligibility of  Vietnamese to work abroad under direct employment contract

1. Having full legal capacity.
2. Voluntarily working abroad.
3. Having adequate health according to regulations and law of Vietnam and requirements of host countries.
4. Having adequate foreign language, specialty, education level, skill requirements and other requirements according to host countries.
5. Not being listed under cases of prohibited from making exit, ineligible for making exit and suspended from making exit as per the law.
2. Having employment contracts according to Clause below.
3. Having written confirmation regarding registration of employment contracts of specialized labor agencies affiliated to People’s Committees of provinces where workers reside.

III. Rights and obligations of Vietnamese works abroad under direct employment contract

1. Vietnamese works abroad under direct employment contract shall have the rights to:

a/ receive information on policies, regulations and law on Vietnamese guest workers from specialized labor agencies affiliated to People’s Committees of provinces and overseas Vietnamese missions;
b/ receive protection of legal rights and benefits from overseas Vietnamese missions according to regulations and law of Vietnam and of host countries, international laws and practices while working abroad; receive advice and assistance to execute rights and obligations, and receive benefits according to employment contracts;
c/ benefit from fund for overseas employment; other rights according to this Law and relevant law provisions;
d/ transfer salary, wages, income, and other legal assets of individuals according to regulations and law of Vietnam and of the host countries.

2. Vietnamese works abroad under direct employment contract shall have the obligations to:

a/ register employment contracts;
b/ execute provisions under employment contracts and regulations of workplace;
c/ participate in social insurance, medical insurance, unemployment insurance according to Vietnamese regulations and law and other forms of insurance according to regulations and law of host countries.
d/ submit income tax according to regulation and law of Vietnam and of host countries;
dd/ contribute to fund for overseas employment according to this Law;
e/ register citizen status at overseas Vietnamese missions in host countries.

IV. Direct employment contracts

1. Direct employment contracts are written agreements between Vietnamese with foreign employers on paid work, salaries, working conditions, rights and obligations of parties in employment relationship.
2. Primary contents of direct employment contracts must conform to regulations and law of Vietnam and of host countries, including:
a/ Line of professions;
b/ Duration of contracts;
c/ Working location;
d/ Working hours, break time and overtime hours;
dd/ Salary, wages;
e/ Living conditions, travel conditions;
g/ Medical examination and treatment;
h/ Social insurance, health insurance, occupational accident and disease insurance, other insurances (if any);
i/ Responsibilities of foreign employers in case of occupational accidents or risks related to workers while working abroad;
k/ Mechanisms, procedures and regulations and law on solving conflicts.

V. Registration of direct employment contracts

1. Application for registering direct employment contracts consists of:

a/ Written registration using form prescribed by Minister of Labor – War Invalids and Social Affairs;
b/ Copies of direct employment contracts together with certified Vietnamese translation;
c/ Copies of ID cards, Citizen Identity Cards or passports of workers;
d/ Personal background sheets bearing confirmation of People’s Committees of communes where the workers reside or supervisory bodies of workers.
2. Within 5 working days from the date on which adequate applications are received, specialized labor agencies affiliated to People’s Committees of provinces must confirm registration of employment contracts for workers in writing or provide reasons in case of rejection.

VI. Conclusion of direct employment contracts after migrating

1. Vietnamese citizens concluding direct  employment contracts after migrating may benefits from rights specified under Points a, b, d, e, h, and i Clause 1 Article 6 of Law on contract based Vietnamese overseas worker if they register employment contracts online with Vietnamese competent authorities and execute obligations specified under Points a, b, and i Clause 2 Article 6 of  Law on contract based Vietnamese overseas worker.
2. Vietnamese Government shall provide the guidelines with this Article.

Source: Law No. 69/2020/QH14 dated November 13, 2020 on contract based Vietnamese overseas worker effective from 1st January, 2022.

LAWYER VIETNAM LAW FIRM- VIETNAEMESE LAWYERS