The DECREE on the management of Vietnam laborers working abroad the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law enacting the legal text on November 12, 1996; Law on amendments and supplements of some laws promulgated legal documents on 16 December 2002;
The labor code base on 23 June 1994; Law on amendments and supplements to some articles of the labor code on 02 April 2002;
Basing the Ordinance handling administrative violations in 2002;
The base of the opinion of the Committee of the National Assembly in document No. 1357/VPQH-CVĐXH on 03 August 2005 of the Office of the National Assembly;
According to the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: chapter I GENERAL PROVISIONS article 1. Bringing laborers working abroad 1. Bringing laborers working abroad is a social-economic activities contribute to job creation, increased income, improve their work style, career advances for workers.
2. the State encourages the agencies, organizations, people in Vietnam in the country and abroad participated in the opening of the market, find partners, to create conditions for contract workers to work abroad in accordance with international law, the law of Vietnam and the law.
Article 2. Scope of this Decree stipulates the responsibility of business to put Vietnam workers go to work abroad (hereinafter enterprise), of Vietnam laborers to work abroad (hereinafter workers), the guarantees for workers and of the agencies organizations in the management of employees; the violations and the handling of violations of State management in the field of Labor export.
Article 3. Application object 1. The business.
2. Vietnam laborers working abroad under the provisions of the law.
3. The guarantee for workers.
4. organizations and individuals related to export activities.
Article 4. The prohibited acts 1. Take Vietnam workers go to work in the area, the profession and the work which the law or the law of Vietnam labor receiving countries.
2. nominal advantage taken laborers to work abroad to offer Vietnam citizens abroad against the law.
3. nominal advantage taken of workers going to work abroad for the recruitment, training institutions, collect money of workers left the rule of law.
4. Organizing workers abroad to work without registering the contract under the provisions of the law.
5. Fled immediately after entry into labor receiving countries.
6. Arbitrarily remove where are working under employment contract.
7. Not on water when terminating labor contract according to the defined period of the country.
8. Organization, entice, provoke, forcing workers to strike against the law of the country.
9. brokerage organization, entice, lure, deceiving the overseas Vietnam workers quit work under employment contracts.
Chapter II LIABILITY of the BUSINESS GIVE LABORERS WORKING abroad article 5. Selection of enterprise labor provisions in clause 1 of article 3 of this Decree are directly recruited labour; in collaboration with local government public notice about the quantity of labor recruitment, gender, age, profession, contract term, living and working conditions, wages, overtime and other earnings (if any), social insurance, the cost of which is laborer filed before and during the time worked abroad.
Article 6. Training organization, business-oriented education is responsible for the organisation of foreign language teaching, education and vocational skills to the medical workers before going to work abroad; check certificate for workers at the end of the course in accordance with the law.
Article 7. Signed a contract with workers and business guarantee contract is responsible for signing the "contract of work abroad" with workers and "guarantee contract" with the guarantee for workers before going to work abroad.
Article 8. Put employees to work in a foreign enterprise has responsibility for coordinating with foreign partners, the employers give workers to work according to the contract signed with the foreign.
Article 9. Manage and solve the problems arising for business workers are responsible for the following: 1. Election of officers representing the business check, monitoring the implementation of the contract; protect the legitimate interests of workers.
2. Together with the partners and the use of foreign workers solve problems arising with respect to workers in the case: a) the employer improperly signed labor contracts with employees;
b) workers labor accident, accident or occupational disease, compromised the honorary dignity, damage;
c) workers were killed.
3. Consulting, support workers in the event of a dispute about labor relations between workers and employers.
4. Cooperation with partners, family and guarantee mobility, convince workers fled back to work under the contract; If the employee does not perform, enterprises must report to the Bureau of labor management abroad, diplomatic missions, consular or other authority be authorized perform consular functions of the Socialist Republic of Vietnam (hereinafter collectively referred to as Vietnam representative body) in the country to handle according to the provisions of this Decree.
5. Provide information for Vietnam representative body in the country to grant the workers ' papers on water.
Article 10. Liquidation of the contract with the employee the enterprise liquidation "contracts to work abroad" with workers under the provisions of the law of Vietnam.
Article 11. The responsibilities of business with regard to State agencies 1. Sign the contract under the provisions of the law.
2. report the list of workers brought to work abroad under the provisions of the law; periodic reports, reports of cases of workers being killed, missing, accident, strike, bankrupt companies, workers ran away and the other related arise send the foreign workers administration and Vietnam representative body in the country in accordance with the law.
Chapter III RESPONSIBILITIES of WORKERS and GUARANTEE for WORKERS who GO to WORK abroad article 12. Participate in a selection When selection of participants, employees have a responsibility to learn digital content: policies, laws of Vietnam and the country; the recruitment conditions and standards; the duration of the contract; type of work will do; the place of work; the working and living conditions; the wages, overtime money and other earnings (if any); the modes of insurance; the expenses that employees must submit before and during work abroad; the information required in the contract.
Article 13. Join training courses, training before going overseas for work, employees must attend full training courses, the test of English language, navigation, education vocational under the supplementary regulations.
Article 14. Contracting with businesses 1. The sign "contracts to work abroad" with business after having studied the conditions in the contract.
2. Fully implementing the content in "contracts to work abroad" signed with the business.
3. The selection and introduction of guarantor to sign a "contract of guarantee" with the business.

Article 15. Perform contract work abroad during the time worked in the foreign workers have the responsibility: 1. To work in place of the agreement in the "contracts to work abroad" signed with the business.
2. Sign, done right the clause in the labor contract with the employer and workplace rules.
3. Not be arbitrarily quit work under labor contracts signed.
4. When there is dispute about labor relations with the employers or is invasive of the honor, dignity must immediately notify the business taken away and Vietnam representative body in the country to be timely support.
5. Compliance with the law, to respect the customs, the customs of the country.
6. On water when terminating labor contract according to the time specified by the law.
Article 16. The guarantee for workers 1. The guarantee for workers who are employees, the introduction of choice and be accepted to sign business contracts of guarantee with the business. The guarantee must have the following conditions: a) Have full capacity for civil acts to "guarantee contract";
b) have the ability to meet the economic conditions in the "contract of guarantee" or reputable, responsible to ensure the workers to perform its obligations.
2. the guarantor is responsible: a) "guarantee contract" with the business to ensure the implementation of the obligations of the employees of that business;
b) perform the entire obligations committed in the "contract of guarantee" for workers in the case of the employee does not perform the obligation for business under the provisions of the law;
c) campaigning, education workers, family workers to perform his obligations under the contract signed with the business.
3. The Ministry of labour, invalids and Social Affairs in collaboration with the Department of Justice guide to the guarantee for workers.
Chapter IV RESPONSIBILITIES of the STATE AUTHORITIES article 17. The responsibility of the Ministry of labor, invalids and Social Affairs 1. Duties and powers prescribed by the law.
2. Directs the advocacy, dissemination of the content of this Decree and other laws related to enterprises and workers; Steering check, inspection of enterprises made responsible under the provisions of this Decree.
3. In coordination with the Foreign Ministry instructed the management of Vietnam laborers working abroad.
4. In collaboration with the ministries and people's committees of provinces and cities under central authority, the governing body of the enterprises solve problems arising in the management of Vietnam laborers working abroad.
5. In coordination with the Vietnam representative offices abroad with the agreement of the competent authorities of a foreign party on written notice specified in point a of paragraph 1 article 31 of this Decree conform to the requirements of each market.
Article 18. The responsibility of the Ministry of Foreign Affairs 1. Together with the Ministry of labor, invalids and Social Affairs, the ministries concerned, research proposals with the Government on the policy and guidelines in the field of human laborers to work abroad; Learn to develop the market brought laborers working abroad; handle the problems arising in relation to the Vietnam labor working abroad.
2. Directs, guides the Vietnam representative offices abroad implement the legal and consular protection for workers is the citizen overseas Vietnam consistent with current rules of the law of Vietnam, international treaties to which Vietnam is a member.
Article 19. The responsibility of the Ministry of public security 1. Directing the police force levels grasp the situation of organizations and individuals, activities related to the field of bringing laborers to work abroad in order to prevent, detect and promptly handle law violations.
2. In coordination with the ministries, relevant agencies of propaganda, launching mass movement involved prevention, denounces crimes in the field of Labor export activities.
3. In coordination with the Vietnam representative offices abroad, the Ministry of labor, invalids and Social Affairs directed the competent authorities to promptly investigate and handle the case discovered signs of an offence prescribed by the law.
4. In collaboration with the Ministry of labor, invalids and Social Affairs, Vietnam representative offices abroad in Vietnam were foreign workers deported or forced on water under the provisions of this Decree.
Article 20. The responsibility of the Ministry of health 1. Specify the medical establishment is eligible to be examined and health certification for the Vietnam workers go to work abroad.
2. Hosted, in cooperation with the Ministry of labor, invalids and Social Affairs, the competent body of the foreign regulation standards, conditions of health workers in Vietnam went to work in the foreign suit each market.
3. Direction, inspection, test and handle breach of medical institutions in organizing health workers go to work abroad under the provisions of the law.
Article 21. The responsibility of the Ministry of finance 1. Hosted, in cooperation with the Ministry of labor, invalids and Social Affairs and the ministries of the relevant financial regulations in the field of human laborers to work abroad.
2. In coordination with the Ministry of Foreign Affairs, the Ministry of labor, invalids and Social Affairs financial mechanism Guide to Vietnam representative offices abroad bring workers to Vietnam on water under the provisions of this Decree.
Article 22. The responsibility of Vietnam representative offices abroad 1. Research, market intelligence, policy and method of receiving foreign workers of the country to the proposal with the Government.
2. Guide the business access market, signed labor cooperation in accordance with the law of Vietnam and the law.
3. Support to specialized agencies in Vietnam in the evaluation of the condition and the feasibility of receiving labor contracts, the legal personality of foreign partners.
4. Instructions, check the operation of the Vietnam business representatives abroad about responsible management, handling the problems arising for the workers.
5. Protect the legitimate rights and interests of laborers working abroad; handle for violation of Vietnam laborers working abroad under the provisions of this Decree.
6. The report and recommendations to the competent authorities of Vietnam addressed the case of signs of serious breach of the provisions of the law of Vietnam.
7. In coordination with the Vietnam authorities and countries, with the business of putting workers in breach of water.
Article 23. The responsibility of the provincial people's Committee, the city in Central 1. Regular advocacy, education, policies, common law of the State in the field of human laborers to work abroad.
2. implementation of local governance, regulation, responsibility of the families of workers for laborers working abroad; regular check, inspection and timely handling of the abuses in the operation included laborers working abroad by local businesses.
3. The Steering Committee levels and the local professional bodies to perform the following tasks: a) in cooperation with enterprises in the resource and referral conscious workers organize, discipline, observance of the rule of law to join the entrants to work in foreign countries;

b) rewarding the individual units, a family of excellence active in bringing workers to go to work abroad; publicize the list of those sanctioned, create public opinion social critique violators; family Stadium workers violated the encouragement they voluntarily on water.
Chapter V DEALT with VIOLATIONS of STATE MANAGEMENT in LABOR EXPORT OPERATIONS Items 1 SANCTIONS and TIME LIMITS article 24 SANCTIONS. The sanctions and remedial measures 1. For each administrative violations, organizing, personal offense suffered one of the sanctions: a) caution;
b) the maximum fine up to 20 million (twenty million) bronze.
2. Depending on the nature and extent of the violation, the administrative violation of business may be to apply additional sanctions deprived of the right to use the license to operate labour export has a time limit (three months or six months).
3. In addition to the fines, the additional sanction prescribed in clause 1 and clause 2 of this, organisations, individuals can be violations apply remedial measures: a) temporarily suspended, the suspension of the execution of the contract taken laborers to work abroad;
b) organizing workers in Vietnam about the country at the request of countries or competent authorities of Vietnam;
c) reimbursement of damages and bear all costs incurred due to administrative violations cause;
d) binding for water workers sentenced to administrative violations outside the country;
DD) revoke the licence for export of labor activity.
Article 25. Time sanction violation of time limits for administrative sanctions violations of the provisions of this Decree is one year from the date of having administrative violations; If the above mentioned time limit, then no sanctions but still apply remedial measures specified in clause 3 of article 24 of this Decree.
Section 2 VIOLATION, the FORM and the LEVEL of SANCTIONS Article 26. Handle violation for business 1. Caution or a fine from 200,000 (two hundred thousand) to 500,000 (five hundred thousand) Council for business for one of the following behaviors: a) do not report or not report the full content of the unit, the Organization Department of the enterprise was tasked to activity related to the export of labour;
b) incomplete registration of the number of workers sent to work abroad for the contract has been registered and approved by the competent authority;
c) violated the provisions in clause 1 of article 9 of this Decree.
2. A fine of 5 million (five million) to 10 million dong (ten million) contract for business, organizational behavior in violation of the provisions of article 8 paragraph 3, article 9, article 10, article 11 of this Decree.
3. A fine of 10 million (ten million) to 15 million dong (fifteen million) contract for business has one of the following: a behavior) violates the provisions of article 5, article 6, article 7 paragraph 2 and article 9 of this Decree;
b) charge of selection of employees;
c) do not contribute labour export support fund under the provisions of the law;
d) No compensation for workers due to breach of contract;
DD) Currency and deposit management of workers not properly regulated;
e) charge Labor export service is not properly regulated;
g) Not reported to the competent authorities before signing the contract giving workers the particular profession; the contract of receiving large numbers of labour; contract sending laborers to work in places that haven't had the Vietnam labor or not have Vietnam's representative offices abroad;
h) Lack of responsibility in resolving disputes detrimental to the legitimate rights of workers.
4. A fine of 15 million (fifteen million) to 20 million (twenty million) contract for business has one of the following behaviors: a) are not allowed by the competent authority which conducts a selection, the organizing of workers going to work abroad;
b) violated the provisions in clause 1 and clause 2 of article 4 of this Decree;
c) nominal advantage taken laborers to work abroad to organize a selection, training, training for nefarious lyrics;
d) lack of accountability in the management of serious prejudice to the interests of workers.
5. additional sanctions: in addition to fines, depending on the level of violation, the business can be deprived of the right to use the licence term if in violation of the provisions in paragraph 2, paragraph 3, point a, c, d paragraph 4 of this Article.
6. remedial measures: a) the business is temporarily suspended implementation of the contract in case of violation of one of the provisions in points a, b, c, e and h clause 3 of this article.
b) Enterprise suspended implementation of the contract in the following cases when time runs out is temporarily suspended implementation of the contract but still not overcome the consequences caused by the violation;
c) enterprise being competent to revoke the license of export operations if labor violates the provisions of point b of this clause 4 or sanctioned administratively from twice or more within a period of 12 months;
d) business must offer the employees of the water according to the requirements of the country or the competent authorities of Vietnam;
DD) business must reimburse the losses and bear all costs arising caused to workers.
Article 27. Handle violation for workers working abroad 1. Caution for the workers of one of the offences specified in paragraphs 5, 6, 7 and 9 of article 4 of this Decree.
2. sanctioned workers as defined in paragraph 1 of this article was to apply remedial measures forced on the country.
Section 3 JURISDICTION to SANCTION Article 28. Jurisdiction to sanction for the violation in the country 1. Chairman of the provincial people's Committee, central cities have the right to: a) caution;
b) a fine of up to 20 million (twenty million);
c) apply remedial measures specified in point 26 of Article 6 paragraph Ridin this Decree.
2. labour inspectors are on duty have the right: a) caution;
b) a fine of up to 200,000 (two hundred thousand).
3. The Chief Inspector of the Labour Department level have the right to: a) caution;
b) a fine of up to 20 million (twenty million) bronze.
4. The Chief Inspector of the Ministry of labour has the right: a) caution;
b) a fine of up to 20 million (twenty million);
c) apply remedial measures prescribed in points a, b and paragraph 6 to article 26 of this Decree.
5. the Director of Department of labor management abroad have the right to: a) caution;
b) a fine of up to 20 million (twenty million);
c) apply additional sanctions measures as specified in clause 5 Article 26 of this Decree.
The competent person as defined in paragraph 1, 2, 3 and 4 of this when conducting sanction if necessary apply additional sanctions measures stipulated in paragraph 5 to article 26 of this Decree the recommendations of Labor Management Bureau Chief outside review, decision.
d) apply remedial measures specified in point a, b, d and DD account 6 Article 26 of this Decree.
6. Minister of labor, invalids and Social Affairs to review the decision to revoke the license of Labor export activities specified in point c of paragraph 6 to article 26 of this Decree, as suggested by the competent person specified in paragraph 1, item 4 and item 5 of this Article.
Article 29. The authority sanction for overseas workers who headed Vietnam representative offices abroad have the right to decide the administrative sanction and apply remedies for employees according to the provisions of article 27 of the Decree.
Item 4

The PROCEDURE of SANCTIONS and ENFORCEMENT of PUNISHMENT DECISIONS article 30. The procedure of sanctions and enforcement of punishment decisions for the violation in the country with regard to the breach happened in the country, the procedure of sanctions and enforcement of punishment decisions to be applied in accordance with Ordinance on handling administrative violations in 2002.
Article 31. The procedure of sanctions and enforcement of punishment decisions for those violations abroad 1. Procedure for setting the minutes a) upon receiving written notice of the Agency, the competent organization of water in or notification of the employer regarding workers there are violations of the provisions of clause 5, 6, 7, 9 Article 4 of this Decree, foreign officials , consular officials in Vietnam representative offices abroad are responsible for setting the minutes of administrative violation according to the prescribed form;
b) minutes of administrative violations must specify day, month, year, location set thereon; They name, position the set thereon; they, the name, address, occupation violators; day, month, year, location occurred in violation of; violations; the testimony of the violation (if available) or the Vietnam labor work;
c) thereon must be established at least three copies, signed by the person who set up the minutes, the offense or the confirmed violations specified in point b of this clause (if any); the event included several record sheets must sign each sheet. If the breach or the confirmed violations refused to sign the founding documents must specify the reason on the minutes. Minutes of finishing must be delivered to the person who violates a (if present).
2. The decision to sanction a) sanction decision deadline is 10 (ten) days from the date of establishment of the administrative infringement thereon; for violations are more complex then a slow period for the decision to sanction is 30 (thirty) days from the date of establishment of the minutes of administrative violations.
Authorized sanctions if there is an error in the decision not to sanction shall be dealt with according to the provisions of article 121 of the Ordinance on handling administrative violations in 2002.
b) decided to sanction must specify day, month, year of decision; they, the name, the position of the decision; they, the name, address, occupation of the violation; violations; details regarding the resolution of violations; Article, account laws apply; sanctions, remedial measures; the time limit where decisive enforcement sanction and signature of the sanction decision.
In deciding sanctions must also specify who sanctioned if not the Executive voluntarily comply; appeal rights, claims for administrative sanctions decision under the provisions of the law.
c) sanctioning decision is sent to the person of violations within three days from the day the decision to sanction.
The case does not determine the place of residence of the person sentenced shall within three days from the date of the decision, the decision to sanction must be listed on the Vietnam representative body in the country, to send Overseas Labor Management Bureau to notify the Agency individuals concerned.
d) decided to sanction is effective from the date of signing. The case does not determine the place of residence of the person sentenced shall decide the sanctions take effect after 15 days from the date listed on the Vietnam representative offices in the country.
3. Executive decided to sanction a) Who sanctioned the executive decision to sanction within 30 days from the date of the decision to effect sanctions;
b) within the time limit specified in point a of this clause that sanctioned the Executive decided voluntarily not to sanction, then within three days from the date of expiry of the Executive decided voluntarily penalizing, fining authority notice in writing of the Executive decided not to sanction , listing it at Vietnam representative body in the country; Send foreign labor management Bureau to inform the Agency, the individual concerned;
c) after 30 days from the date of notification of the Executive decided not to sanction specified in point b of this clause that sanctioned persons still do not accept the decision, then sanctions may save the criminal offence of unauthorized foreign stay according to the provisions of article 274 of the Penal Code.
4. Measures to ensure the implementation of the decision sanctioning Vietnam representative offices abroad are responsible for granting the necessary papers for people sentenced on water as prescribed by law; in cooperation with the competent authorities of the country, the Vietnam business and family man who sanctioned the purchase plane tickets for people sentenced on water in case the sanctioned financial inability to purchase plane tickets.
Section 5 COMPLAINTS, accusations the thing 32. Complaints complaints, accusations, accusations and complaints, accusations in the field bringing laborers working abroad made under the provisions of the law on complaints and denunciation.
Chapter VI Article 33 ENFORCEMENT TERMS. Effective enforcement of this Decree has effect after 15 days from the date The report.
Annul article 17 of Decree 113/2004/ND-CP dated 16 April 2004 of the Government regulation of administrative punishment of violations of labour law and the regulations contrary to this Decree.
Article 34. Implementation 1. Minister of labor, invalids and Social Affairs, in coordination with the ministries concerned, guidance and enforcement organizations responsible for checking, urging the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.