Quyết định 18/2007/QD-BLDTBXH

DECISION

ON THE PROMULGATION OF THE ESSENTIAL SUPPLEMENTAL TRAINING PROGRAM FOR WORKERS PRIOR TO OVERSEAS EMPLOYMENT

MINISTER OF LABOR - INVALIDS AND SOCIAL AFFAIRS

 Pursuant to the Law of Vietnamese overseas contract workers dated November 29, 2006;

Pursuant to the Government’s Decree No. 29/2003/ND-CP dated March 31, 2003 on the functions, missions, authority and organizational structure of the Ministry of Labor - Invalids and Social affairs;

 At the request of the Head of the Overseas Labor Agency,

HEREBY DECIDES:

Article 1. This Decision is enclosed with the “Program of essential supplemental training for workers prior to overseas employment”.

Article 2. This decision shall take effect fifteen (15) days after the date of its posting on the Official Gazette.

Overseas Labor Agency, Departments of Labor - Invalids and Social affairs of the provinces and central-affiliated cities shall be responsible for guiding and inspecting the implementation of the program and the duration of essential supplemental training for workers prior to overseas employment and for undertaking actions against violations pursuant to legal regulations.

Article 3. Chief of office of the Ministry, Head of the Overseas Labor Agency, directors of relevant companies, governmental service providers, organizations and individuals engaged in overseas investment and placement of workers on overseas employment, and heads of relevant entities shall be responsible for implementing this Decision./.

THE PROMGRAM

OF ESSENTIAL SUPPLEMENTAL TRAINING FOR WORKERS PRIOR TO OVERSEAS EMPLOYMENT
(Enclosed to the Decision No. 18/2017/QD-BLDTBXH dated July 18, 2007 by the Minister of Labor - Invalids and Social affairs)

I. OBJECTIVES

1. Equip the workers with the essential knowledge of the laws of Vietnam and of the laws, custom, habits, lifestyle and working manner in the receiving country to adapt rapidly to the overseas living and working conditions.

2. Train the workers on habitual practices, lifestyle and manners that adhere to the law, on self-conscious abidance by the law, labor disciplines and industrial conduct; with the aim of augmenting the quality and reputation of Vietnamese workers in the international labor market.

II. GENERAL CONTENT AND TIME ALLOCATION

Total quantity of 74 periods (including 16 periods for practice)

III. DETAIL:

1- Traditional and cultural characters of the nation:

a) The mission of preserving and upholding traditional patriotism, solidarity, interdependence, national pride and cultural character when living and working abroad;

b) Citizen responsibilities of the workers working abroad.

2- Fundamentals of the legislation on labor, criminal affairs, civil affairs and administration in Vietnam in the receiving country”

a) The activity of sending Vietnamese workers for overseas employment and its benefits to the workers, their families and society;

b) The legislation of Vietnam: regulations concerning the placement of workers on overseas employment as defined in the Labor Code, the Law of Vietnamese overseas contract workers and guiding documents; the Civil Code; the Criminal Code; and the regulations on border exit and entry;

c) The legislation of the receiving country:  regulations on immigration, exit and entry; the legislation on labor; insurance policies (social insurance, health insurance, accident insurance, etc.); policies of compensation for foreign workers; the legislation on criminal affairs;

d) Overseas workers’ obligation to abide by the legislation of Vietnam and of the receiving country;

dd) Regulations on the settlement of violations of the law.

3- Content of the contracts between the companies, public service providers, organizations or individuals engaged in overseas investment and the workers:

a) The contracts for placement of workers on overseas employment (between the companies, public service providers, organizations or individuals engaged in overseas investment and placement of workers on overseas employment and the workers);

b) Labor contracts (between employers and workers);

c) Rights, obligations and responsibilities of the parties for implementing the contracts.

4- Labor discipline, work safety and hygiene:

a) Labor regulations at work;

b) Guidance on regulations and internal rules on work safety and hygiene;

c) Personal protective equipment and use;

d) Occupational accidents, occupational diseases and prevention;

dd) Vietnamese workers’ frequent acts of violation of internal rules, discipline, work safety and hygiene, and methods of prevention.

5- Custom and culture of the receiving country:

a) Introduction of the country, people, geographical positions, population, scenic sights;

b) Religions and typical custom;

c) Culture, traditional arts, lifestyle, living patterns of local inhabitants, communicative experience;

d) Ethical standards;

dd) Social conduct;

e) Noticeable matters regarding religions, custom and culture in the receiving country.

6- Conduct at work and in life:

a) At work:

- Comportment and procedure for settling labor relationship issues with an employer, representative(s) of an intermediary company or the service company sending workers for foreign employment, or with their authorized individuals;

- Posture towards other workers in the same factory (workers from Vietnam, other countries and the host country).

b) In life:

- Abidance by internal rules and regulations in public areas and at the place of domicile;

- Prohibited acts that intrude on social order: gambling, drinking, brawl, cursing, storage and dispersal of pornographic publications;

- Comportment and procedure for settling issues consequential to workers' destitute conditions.

- Taboos: wine brewing, capture and killing of animals such as dog, cat and birds.

c) Vietnamese workers’ frequent behavioral errors and correction. 

7- Use of means of transport, sale, purchase and use of daily tools:

a) Guidance on formalities for exit from Vietnam and entry into the receiving country;

b) Guidance on the preparation of personal articles and luggage;

c) Guidelines for the use of means of transport such as airplane, train, bus, taxi and subway;

d) Required knowledge and actions upon arrival at the employer's premises (obtainment of accommodation and equipment furnished; use of daily apparatus such as gas cooker, microwave, refrigerator, air conditioner, vacuum cleaner, telephone);

dd) Pay for daily services in local currency and remit cash homeward through service providers; commercial system of the host country and, purchase of sale of goods in supermarkets and markets.

e) Provision of phone numbers and contact addresses of overseas Vietnamese representative offices, managerial representative of the company, police and fire station; hotlines of relevant functional agencies in the receiving country ... to the workers for necessary situations;

f) Vietnamese workers’ shortcomings in the field of work and solutions.

8- Matters to be actively prevented when living and working abroad

a) Fire fighting; traffic accident; plague;

b) Precaution against natural disasters such as flood, storm, earthquake and tsunami;

c) Sexual violation and prevention.

d) Precaution against drug, prostitution, HIV and AIDS;

dd) Artifices of fraud, theft, violence, incitement to terminate contracts and work unlawfully in another company, and requisite actions against such events.

IV. GUIDELINES FOR IMPLEMENTATION

1- The teachers who provide essential supplemental training to workers are subject to the following requirements:

a) Be experienced and knowledgeable about placing workers on overseas employment;

b) Be knowledgeable about the legislation of Vietnam, the legislation and custom of the country in which Vietnamese workers work;

c) Have completed the Overseas Labor Agency's training in specialization and teaching.

2- The facilities in which essential supplemental training to workers are subject to the following requirements:

- Be composed of sufficient classrooms, requisite equipment and teaching tools;

- Provide sufficient accommodation and boarding education to at least 100 learners.

3- Written materials for essential supplemental training;

a) The written materials for essential supplemental training for workers shall comprise every stipulation in Article III of this Program.

b) Overseas Labor Agency shall prepare and promulgate the written materials for essential supplemental training, whose content adheres to Point 1, 2, 5, 6, 7 and 8 while companies, governmental service providers, organizations and individuals engaged in overseas investment and placement of workers on overseas employment prepare the contents defined in Point 3 and 4, Part III of this Program.

c) The programs and written materials for specialists shall be subject to the regulations of the ministries that manage relevant specializations.

d) The program and written materials for officers and sailors on marine vessels shall be subject to the regulations of the Ministry of Transport.

dd) The written materials for essential supplemental training shall be clearly printed out and provided to the learners.

4- Implementation:

Directors of companies, governmental service providers, organizations and individuals engaged in overseas investment and placement of workers on overseas employment shall be responsible for implementing this Program.

The issues and obstacles that ensue during the process of implementation shall be reported to the Ministry of Labor - Invalids and Social affairs for timely guidance./.