Regulations on the policy of sending Vietnamese workers to work abroad according to Vietnamese law

1. How does the State regulate the policy of sending Vietnamese workers to work abroad?

Pursuant to the provisions of Article 4 of the Law on Vietnamese Workers Working Abroad Under Contract 2020, the State’s policy is specifically stipulated as follows:

– Encouraging to improve the technical and professional qualifications of Vietnamese workers working abroad under contract copper; promote and effectively use labor resources after returning from working abroad.

Vietnamese workers go to work abroad under contract in a number of specific industries, occupations, jobs with high technical expertise or Vietnam has the advantage of enjoying a number of specific mechanisms and policies to attract, promote and support the development of industries, occupations, and jobs to work abroad under contract and employ workers. after returning home in accordance with the socio-economic conditions in each period according to the Government’s regulations.

– Protecting the legal rights and interests of Vietnamese workers, businesses, organizations and individuals in the field of Vietnamese workers working abroad under contracts.

– Expanding international cooperation in developing new, safe, and paid labor markets degrees, industries, occupations, and specific jobs to help improve qualifications and vocational skills for Vietnamese workers working abroad under contracts.

– Ensuring gender equality, employment opportunities, non-discrimination in selection, fostering vocational skills, foreign languages, and orientation education for Vietnamese workers working abroad under contracts; have measures to support the protection of Vietnamese workers abroad in accordance with gender characteristics.

– Support social integration and participation in the labor market after returning home.

2. What conditions are required to send Vietnamese workers to work abroad through training to improve vocational skills?

Conditions for Vietnamese enterprises sending Vietnamese workers to train and improve their qualifications and vocational skills abroad according to the provisions of Article 36 of the Law on Vietnamese Workers Working Abroad Under Contracts 2020 include:

– Having a contract to receive interns with an internship receiving facility abroad to send Vietnamese workers for training and advanced training The qualifications and vocational skills abroad are in accordance with the provisions of Article 37 of this Law and have been approved by the competent state authority specified in Article 39 of this Law.

– Have a deposit to implement the contract to accept interns according to the Government’s regulations.

– Only workers with labor contracts and vocational training contracts abroad can be sent to train and improve their qualifications. The level and vocational skills at the facility receiving internships abroad according to the internship acceptance contract.

– The specific industry, occupation, and job of Vietnamese workers who go to train and improve their qualifications and vocational skills abroad must be consistent with the business’s field of operation.

Accordingly, in order to be able to send Vietnamese workers to legally train and improve their skills, the company must do so. The above service must ensure that all of the above conditions are met.

3. How will you be handled if you do not organize orientation education for workers before going to work abroad?

Pursuant to the provisions of Article 45 of Decree 12/2022/ND-CP, violations of Vietnamese enterprises sending Vietnamese workers to train and improve their qualifications and vocational skills abroad have the following forms of handling: following:

“1. Fine from 1,000,000 VND to 3,000,000 VND for failure to report on the situation of sending workers to train, improve qualifications and vocational skills abroad to competent state agencies according to the provisions of law.

2. Fine from 3,000,000 VND VND to 5,000,000 VND for failure to update information about workers on the database system of Vietnamese workers working abroad under contracts.

3. Fine from 10,000,000 VND to 20,000,000 VND for each worker but not more than 200,000,000 VND for each violation. one of the following actions:

a) Failure to organize for workers to participate in orientation education courses before going for training to improve their qualifications and vocational skills abroad;

b) Not providing complete or accurate information or not providing clear information about one of the contents specified in Clause 2, Article 37 of the Law on Vietnamese Workers working abroad under contract.

4. Fine from 30,000,000 VND to 50,000,000 VND for one of the following acts:

a) Sending Vietnamese workers to train and improve their qualifications and vocational skills abroad in excess of the number registered with competent state agencies;

b) The intern contract does not contain all the contents as prescribed in Clause 2, Article 37 of the Law on Vietnamese Workers working abroad under the contract;

c) Failure to sign a vocational training contract before the employee goes to train and improve his/her qualifications and vocational skills abroad;

d) The content of the vocational training contract abroad is not consistent with the content of the internship contract.

5. Fine from 75,000,000 VND to 90,000,000 VND for one of the following acts:

a) Failure to report or failure to coordinate with Vietnamese representative agencies abroad to manage and protect the legal and legitimate rights and interests of workers while working abroad;

b) Failure to comply with the request of a competent authority or failure to coordinate with relevant agencies and organizations of the country where the worker comes to train, improve qualifications and vocational skills to resolve disputes related to workers working abroad;

c) Failure to resolve problems arising for employees in one of the following cases: death; having an accident; having your life violated; health is violated; having their honor and dignity violated; property is violated; natural disasters; pandemic; war; political instability; economic recession; state of emergency; for other force majeure reasons.

6. Fine from 150,000,000 VND to 180,000,000 VND for one of the following acts:

a) Taking advantage of the activities of sending Vietnamese workers to train and improve their qualifications and vocational skills abroad to organize illegal exit or exploitation or forced labor but not to the extent of criminal prosecution;

b) Sending Vietnamese workers to train, improve qualifications and vocational skills abroad without registering an internship contract or registering but not approved by a competent state authority;

c) Coercing, enticing, seducing or deceiving Vietnamese workers to stay abroad illegally but not to the extent of criminal prosecution the.

7. Remedial measures

Forcing Vietnamese enterprises to send Vietnamese workers to train and improve their qualifications and vocational skills abroad to update information about workers on the database system of Vietnamese workers working abroad under contracts when there is a violation of the provisions in Clause 2 of this Article.”

Accordingly, the act of not organizing workers to participate Orientation courses before going to train to improve vocational skills abroad violate the provisions of Point a, Clause 3 of this Article, so they can be fined from 10 to 20 million VND.

Thus, Vietnamese workers who go to work abroad in the form of training and improving vocational skills are regulated by the State’s policies and conditions for enterprises providing this service for workers participating in orientation education sessions before going to training abroad will be handled according to the decision of the competent state authority, up to a maximum of 20 million VND. Additional penalties and remedial measures may also be applied.