Thông tư 22/2013/TT-BLDTBXH

CIRCULAR

PROVIDING THE MODELS AND CONTENTS OF LABOR SUPPLY CONTRACT AND GUEST WORKER CONTRACT

Pursuant to Clause 3, Article 17 of the November 29, 2006 Law on Vietnamese Guest Workers;

Pursuant to the Government’s Decree No. 106/2012/ND-CP of December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

At the proposal of the director of the Department of Overseas Labor Management;

The Minister of Labor, War Invalids and Social Affairs promulgates the Circular providing the models and contents of labor supply contract and guest worker contract.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the models and contents of labor supply contract and guest worker contract used in the activity of sending workers abroad.

Article 2. Subjects of application

1. Enterprises providing the service of sending workers abroad;

2. State non-business organizations sending workers abroad;

3. Enterprises winning or undertaking guest worker contracts;

4. Offshore investment organizations and individuals sending workers abroad;

5. Workers going abroad to work in the forms specified in Clauses 1 and 2, Article 6 of the Law on Vietnamese Guest Workers (below referred to as workers);

6. Other organizations and individuals involved in sending Vietnamese guest workers.

Article 3. Principles of contract conclusion, forms of contract

Contracts must be concluded on the principles of voluntariness, equality, goodwill, cooperation, truthfulness, compliance with law and conformity with social ethics.

Labor supply contracts and guest worker contracts must be established in writing.

Chapter II

LABOR SUPPLY CONTRACTS

Article 4. Definition

Labor supply contract means a written agreement between a Vietnamese enterprise or non-business organization and a foreign party on the conditions and obligations of the parties in the supply and receipt of Vietnamese guest workers.

Article 5. Contents

A labor supply contract must comply with the laws of Vietnam and the host country and has the following principal contents:

1. Information on the contractual parties

Information on the contractual parties includes full names and transaction names of the contractual parties; representatives of the parties; business registration addresses or transaction addresses; serial numbers of enterprise registration certificates, enterprise codes, dates of issuance (if any), tax identification numbers, and account numbers; telephone numbers, fax numbers and email addresses; and other relevant information.

2. Contents on the conditions for labor supply and receipt: Number of workers to be supplied/received; occupations or jobs to be performed; workplaces; working duration; working conditions and environment; working time and rest time; occupational safety and protection; salaries, wages, other regimes and bonuses (if any); overtime pay; accommodation; health care; insurance; liability to pay expenses for travel from Vietnam to workplace and vice versa; conditions for ahead-of-schedule termination of the labor contract, liability to pay damages and expenses for worker’s return to Vietnam, and other relevant conditions.

If the labor supply contract is only the principal contract, the contents provided in this Clause must be specified in the contract annexes.

3. Rights and obligations of the contractual parties

The contract must specify the rights and obligations of the contractual parties in selecting and training workers before their departure from Vietnam, carrying out procedures to send and receive Vietnamese guest workers, and settling problems that arise during their work abroad.

4. Brokerage commission (if any)

The contract must specify the level of, and liability to pay, brokerage commission (if any), currency of brokerage commission, and payment plan (schedule, time and method of payment).

5. Settlement of disputes

Disputes between the Vietnamese enterprise or non-business organization and the foreign party must be settled in accordance with the signed agreement.

Disputes not yet mentioned in the contract may be settled pursuant to the law of Vietnam or the host country or treaty to which Vietnam is a contracting party.

6. Contract term and extension

The contract term and conditions for contract extension must be specified in the contract.

7. Ahead-of-schedule termination of contract

The parties shall agree and specify in the contract cases of ahead-of-schedule termination of contract; order and procedures for contract termination by the parties; responsibilities of the parties after the contract is terminated; and rights of workers who have been sent abroad.

Article 6. Model labor supply contract

The model labor supply contract is provided in Appendix 1 to this Circular.

In case the host country provides a model labor supply contract which is different from that provided in Appendix 1, the two parties may agree to sign another contract which, however, must have all the contents specified in Article 5 of this Circular.

Chapter III

GUEST WORKER CONTRACTS

Article 7. Definition

Guest worker contract means a written agreement between an enterprise or a non-business organization and a worker on the rights and obligations of the parties in sending the worker abroad.

Article 8. Contents

1. Information on the contractual parties

Information on the enterprise or non-business organization includes full name and transaction name; representative; business registration address and transaction address; serial number of enterprise registration certificate, enterprise code, date of issuance, tax identification number (if any), and account number; telephone number, fax number and email address; and other relevant information.

Information on the worker includes full name; date of birth; permanent residence address; contact address; telephone number; identity card number; passport number, and address for receiving information when necessary.

2. The guest worker contract must specify:

- Name and address of the worker-employing company;

- Occupation or job to be performed abroad by the worker;

- Working conditions, living conditions and other benefits for the worker:

+ Contract term;

+ Working time and rest time;

+ Wage, other benefits, and bonus (if any);

+ Method of salary payment;

+ Overtime pay;

+ Occupational safety, hygiene and protection;

+ Accommodation;

+ Health care;

+ Insurance;

+ Liability to arrange a vehicle for transporting the worker from Vietnam to the entry point in the host country, and from the entry point in the host country to his/her workplace and vice versa, and pay expenses for such transportation;

+ Cases in which the worker returns to Vietnam ahead of schedule and the parties’ liability to pay travel expenses for him/her;

+ Expenses for the worker: brokerage commission (if any); service charge (if any); and deposit (if any);

+ Payable amounts of brokerage commission, service charge and deposit (if any), currency and payment plan (schedule, time, method of payment).

3. Rights and obligations of the enterprise or non-business organization

The contract must specify the rights and obligations of the enterprise or non-business organization in selecting and training workers before their departure from Vietnam, carrying out procedures to send workers abroad, providing supports for workers and handling risks that arise during the time they work abroad, and liquidating the contract.

4. Rights and obligations of the worker

The contract must specify the rights and obligations of the worker during the time of training and carrying out exit procedures, during the time he/she works abroad and when he/she completes the contract and returns to Vietnam.

5. Liquidation of contract

The parties shall specify cases of contract termination; order and procedures for contract termination by the parties; and responsibilities of the parties after the contract is terminated.

6. Settlement of disputes

Disputes between the contractual parties must be settled based on the legally effective signed contract; disputes not yet mentioned in the contract must be settled pursuant to relevant laws.

Article 9. Model guest worker contract

The model guest worker contract is provided in Appendix 2 to this Circular.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 10. Transitional provisions

For labor supply contracts which take effect before the effective date of this Circular, enterprises or non-business organizations shall negotiate and sign new ones with their partners according to the model labor supply contract enclosed with this Circular within 90 days after this Circular takes effect.

For guest worker contracts which take effect before the effective date of this Circular, enterprises or non-business organizations may continue to implement them until the contracts are liquidated.

Article 11. Effect

1. This Circular takes effect on December 1, 2013.

2. Any problems arising in the process of implementation should be promptly reported to the Ministry of Labor, War Invalids and Social Affairs for study and timely additional guidance.-

For the Minister of Labor, War Invalids and Social Affairs

* All appendices to this Circular are not translated.