Circular 22/2013/tt-Bldtbxh Dated: Sample Rules And The Content Of The Labour Supply Contracts And The Contract Put Laborers Working Abroad

Original Language Title: Thông tư 22/2013/TT-BLĐTBXH: Quy định mẫu và nội dung của Hợp đồng cung ứng lao động và Hợp đồng đưa người lao động đi làm việc ở nước ngoài

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DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 22 /2013/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 15, 2013

IT ' S SMART

Sample regulation and content of the labor supply contract

and contract workers to work abroad.

_____________

A third Article 17 of the Vietnam Labor Law goes to work abroad on November 29, 2006.

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 of Ch I'm - p the function of function, mission, rule, Okay. Limit and structure organization of the Ministry of Labor-Trade and Society;

Follow. Okay. The Director of the Bureau of Public Administration is outside of the country;

Minister of Labor-Trade and Social Affairs issued a new m. m ... There. u and the content of the Contract Supply Contract and the Contract to bring the worker to work abroad. Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information regulates the sample and content of the labor supply contract and the contract for workers to work abroad in the operation to bring workers to work abroad.

What? 2. Subject applies

1. Enterprise operates a service that takes workers to work abroad;

2. Organization of the State of the State bringing workers to work abroad;

3. Enterprise hits the bid, taking the bid to bring workers to work abroad;

4. The organization, the individual who invested abroad takes the workers to work abroad;

5. The worker goes to work abroad in the form of paragraph 1 and 2 Articles 6, the Vietnam Labor Law goes to work abroad under contract (the following calls for a worker);

6. Organization, other individuals are involved in the employment of Vietnamese workers working abroad under contract.

What? 3. The principle of contract delivery, the form of contract

The contract is committed on principle: voluntary, equality, goodwill, cooperation, honesty, unlawable, social morality.

Labor supply contracts, contracts for workers to work abroad must be signed in writing.

Chapter II

LABOR SUPPLY CONTRACT

What? 4. Definition

The labor supply contract is a written agreement between the business, the organization of Vietnam's career with foreign parties on the condition, obligations of the parties in the supply and reception of Vietnamese workers to work abroad.

What? 5. Content

The labor supply contract must conform to the Vietnamese law, the law of the country taking over the worker and having the following key content:

1. Information on the parties to sign the contract

Information on the parties to the contracting parties include: The full name, the transaction name of the party to the contracting party; the representative of the parties; the business registration address or trading address; the number of business registration certificates, Enterprise Code, date and date. level (if any), tax code, account number; Phone, fax, email; other relevant information.

2. Content on supply conditions, labor reception: the amount of labor will provide/take on; the industry, the profession, work to do; the work site; the work deadline; Conditions, work environment; Time of work, time of rest; Safety and Time. Labour protection; salaries, wages, other modes and bonuses (if any); money to overtime; Food conditions, shelter, disease, disease processing, healing; Insurance regime; Responsibility to pay transportation costs from Vietnam to workplaces and vice versa; The condition of termination of the labor contract before the deadline, the responsibility for compensation damages and the cost of bringing labor back to water and related conditions The other one

The case of a labor supply contract is only a major contract, and the specified content at this paragraph must be expressed specifically in the appendix of the contract.

3. Rights and obligations of the parties contracting parties

In the contract must stipulate the rights and obligations of the parties to the contracting parties in the organization of the selection, the labor training ahead of the scene, as the procedures to take and take on Vietnamese labour to work abroad, settlement arise when the person is not. It ' s working abroad.

4. Realm (if available)

In the contract must be specified in particular the amount of the brokerage, the responsibility for payment of the brokerage (if any), the currency used to pay for the payment of the broker, the process of payment of the broker (progress, timing, method of payment).

5. Resolve dispute resolution

The dispute between the business, Vietnam's career organization with foreign parties was settled on the basis of the signed agreement.

The dispute has not yet been agreed upon in the contract, the option of applying the regulation of the Vietnamese law or the regulation of the law to take on the labor or regulation of the international treaty that Vietnam is a member of the settlement.

6. The contract deadline and the contract extension

In the contract must be specified for the duration of the contract and the conditions of the contract extension.

7. End of labor supply contract ahead of deadline

In the contract, the parties must be agreed upon, the specific regulation of: The cases end the contract before the deadline; the Procedure terminated the contract by the parties; the responsibility of the parties after the termination of the contract; the rights of the workers were taken away. It's foreign.

What? 6. M There. Labor supply contract.

The contract for the labor supply is regulated at Annex 01 issued by this message.

The state case receives a contract with the provision of another labour supply contract with the prescribed form at Annex 1, and the two sides may be agreed to sign another contract but must fully secure the same content as stipulated at Article 5 of this Information.

Chapter III

A CONTRACT FOR WORKERS TO WORK ABROAD.

What? 7. Definition

The contract for workers to work abroad is a written agreement between the business, the organization of a career with the worker of the right, the obligations of the parties in bringing workers to work abroad.

What? 8. Content

1. Information on the parties to sign the contract

Business information, career organization including: Full name, transaction name; Representative; business registration address and transaction address; license number of business registration certification, corporate code, grade date, tax code (if available), account number, or license number, etc. Phone, fax, email; other relevant information.

Information about the worker included: They and the name; date of birth; date of residence; contact address; telephone number; telephone number; passport number; passport number, and reporting address when needed.

2. In the contract that brought workers to work abroad must be specific:

-The name of the Company uses labor and workplaces;

-The profession, the work that the labourers will undertake abroad;

-The working conditions, the living and the regime for the worker:

+ Contract Deadline;

+ Time to work, time to rest;

+ Cash, other modes and bonuses (if any);

+ Pay form;

+ Money overtime;

+ Safety, sanitation and labor protection;

+ Feeding conditions, in, living;

+ Disease discovery, healing;

+ Insurance mode;

+ The regulation is clearly responsible for the employment of labour and the cost of transportation costs from Vietnam to the entry point in the country receiving labor, from the entry point in the country to labor to work and vice versa;

+ Specific regulation, details of the cases of the labor of the prior water and the responsibility of the parties in the cost of the expenditure of transportation to the worker of the water;

+ The costs to the worker: the broker (if any); the service money (if any); the fund deposit (if any);

+ Specific regulation of money, currency used for payment, payment route (progress, time, payment method) for brokerage money, service money, deposit (if available).

3. Rights and obligations of the business, organization of career

In the contract must stipulate the rights and obligations of the business, the organization of the career in the organization of the selection, the labor training ahead of the scene, as the procedures of bringing labor to work abroad, supporting labor in the work process. foreign countries, handling the risks that arise in the work of overseas work and contract liquoration.

4. Rights and obligations of the worker

In the contract must stipulate the rights and obligations of the labourers during training and to make the appearance of the scene, during working time abroad, ending the contract and returning to the country.

5. contract bar

Parties responsible for specific regulation of: The cases lead to the termination of the contract; the procedure itself ends the contract by the parties; the responsibility of the parties after the termination of the contract.

6. Resolve dispute resolution

Disputes between the parties to the contract are resolved on the basis of a signed contract which has the law effect; disputes that have not been agreed upon in the contract are resolved on the basis of the regulation of the relevant legislation.

What? 9. The contract sample takes workers to work abroad.

The contract for workers to work abroad is regulated at Annex 02 issued by this message.

Chapter IV

EXECUTION CLAUSE

What? 10. The transition clause

For labor supply contracts that are in effect before the time of the Enforced Notification Effect, the business, organization of a career responsible for negotiation, signed with a contract on the contract to supply the labor supply supply accompanied by this Information during the period. Ninety days, since this date is effective.

For contracts that bring workers to work abroad in effect prior to the time of the Effectiveness Of the Notification Effect, the business organization is continued to follow the contract signed with the worker until the liquation bar.

What? 11. Don't I Well, c

1. This information has been in effect since December 1, 2013,

2. In the course of execution, if there is a timely reflection on the Ministry of Labor-Trade and Society for research, there is a timely addition to ./.