GOVERNMENT DECREE detailing some of the labor law, bringing the Vietnam workers go to work have time limits in foreign GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
The labor code base on 23 June 1994;
According to the recommendation of the Minister of labor, invalids and Social Affairs, the DECREE: chapter I GENERAL PROVISIONS article 1. This Decree detailing putting Vietnam workers go to work overseas under the term the Article 18, 134, 184 and other related terms set forth in The labor law.
Article 2. Take Vietnam workers go to work overseas duration is a direction to solve jobs, generate income for workers, contributing to the increase in income for the country and the strengthening of economic cooperation, culture, science and technology between Vietnam with foreign countries under the principle of equality , mutual benefit, respecting the laws and customs of each other.
Article 3.
1. Who is allowed to go to work abroad to Vietnam citizens 18 years of age, have full legal capacity and the capacity behavior, full observance of obligations of citizens under the law and voluntarily go to work overseas, including those (including professionals) and yet the profession , graduated from the professional school in and outside the country; people working in enterprises in all economic sectors, in the administrative career, mass social organizations not subject to the provisions in paragraph 2 of this Article.
2. The following object not work overseas under this Decree.
Public servants working in the State administration;
Officer, officer down, soldiers in the people's army, the people's public security;
People working in some trades that according to regulations of the State is not going to work abroad;
People are being prejudice to criminal responsibility, who is criminal, who have yet to be cleared.
3. Vietnam workers go to work abroad under the cooperation agreement on scientific and technical cooperation and training with foreign countries or international organizations, to work for the economic organisations in foreign countries not subject to this Decree.
Article 4.
1. Vietnam workers go to work overseas term according to the following forms: labour contract; expert use of contract; labor contracts just learning by doing; construction contractor contract, receive stock workload, production sharing production cooperation; the joint venture contract between Vietnam's economy with economic organizations or individuals in foreign countries; the labor contract between workers with organizations or individuals in foreign countries.
2. The contract is concluded on the basis of the law of Vietnam, country laws and the international treaties to which the Socialist Republic of Vietnam signed or joined.
Article 5. The Ministry of labor, invalids and Social Affairs for economic institutions are eligible as defined in article 8 of this Decree brought Vietnam workers go to work overseas has a time limit.
 
CHAPTER II RIGHTS and OBLIGATIONS of LABORERS WORKING overseas HAS a TIME LIMIT article 6. Workers have the right to: 1. provide complete and accurate information about the job, place of work, the duration of the contract, conditions of employment and living conditions, wages and bonuses, insurance and other necessary information before signing the employment contract;
2. Enjoy the benefits stated in the signed contract and other related documents that Vietnam and the country agreed;
3. diplomatic representations, consular agency of Vietnam abroad for protection of the rights and legitimate interests consistent with the law of Vietnam, the country law, consistent with international law and international practices;
4. Enjoy social insurance mode and policy, other relevant modes, in accordance with the law of Vietnam;
5. Be carried out abroad or brought to the country the tools do the work required of the individual, are transferred to the income in foreign currency and personal property on water under the agreement, the contract signed with foreign countries under the current law of Vietnam and the country;
6. Have the right to complain to the State Agency has the authority of Vietnam and the country about the breach of contract by the employer or party organizations bringing workers to Vietnam to work term abroad affect the legitimate interests of ourselves;
7. Be given labor book, the shared social insurance and salary in accordance with the law of Vietnam.
Article 7. Workers are obliged to: 1. Contracts to work abroad with economic organizations to put Vietnam workers go to work overseas, had signed a contract with the overseas employer (if any); the full observance of the terms signed in the contract;
2. The filing fee for the service organizations brought Vietnam workers go to work overseas has a time limit prescribed by the Government of Vietnam;
3. Filed for economic organizations bringing workers go to work overseas for a term deposit in order to ensure the implementation of the contract. The extent and form deposits by workers and the economic organization of the agreement, but no more than the amount of a weekly flights from Vietnam to the country;
4. Submission of social insurance funds according to provisions of the Government of Vietnam through economic organizations bringing workers go to work overseas has a time limit;
5. income tax under the provisions of the law;
6. Take responsibility for the damage caused by themselves violate the labor contract signed and the other property relations of the individual under the law of Vietnam and the country;
7. Preserving national secrets and promote the fine traditions of the nation, accepted the State's regulations on the management of Vietnam Vietnam citizens abroad, subject to the Organization's economic management brought workers overseas has a time limit;
8. Compliance with the law, to respect the Customs and have good relations with the people of the country.
 
CHAPTER III ECONOMIC ORGANIZATIONS PUT the VIETNAMESE WORKERS GO to WORK overseas HAS a TIME LIMIT article 8. The economic organization is eligible after this are the Ministry of labour, invalids and Social Affairs review and licensing activity on bringing Vietnam workers go to work overseas duration: 1. State enterprise has working capital from 1 billion;
2. Understanding the labour market, the labour law, the law of the receiving country's labor immigration and international law concerned;
3. Apparatus and staff have the capacity management and foreign languages.
Article 9. Powers of economic institutions have been licensed works specified in article 8 of this Decree: 1. Actively search and labor market survey, the choice of the form of contract and signing the contract giving Vietnam workers go to work abroad ensure the interests of the State of economic organization, and of workers;
2. direct the Organization and fostering, training and recruitment of labour in accordance with the requirements of the employers side in accordance with the provisions of the law of Vietnam;
3. Was the worker's service charge under clause 2, article 7 of this Decree;
4. Preservation of the deposit prescribed in paragraph 3 article 7 of this Decree and return the workers when they terminated the employment contract, including interest charged at non-term deposit interest rate regulation for each time of the State Bank of Vietnam;

5. Be required workers compensation due to their breach of contract caused;
6. Be carried out overseas and bring home the machinery, the necessary manufacturing equipment related to the implementation of the contract signed with foreign parties in accordance with the law of Vietnam and the country.
Article 10. The responsibilities of the economic organizations have been active license prescribed in article 8 of this Decree: 1. Permit made under articles 12 and 13 of this Decree;
2. Perform the contract signed with foreign parties;
3. To sign contracts to work abroad with employees;
4. the full realization of the benefits for workers under the terms of the contract signed with foreign parties;
5. Collect social insurance of workers to submit to the Social Insurance Fund according to the regulations of the Government of Vietnam;
6. Selection, put away, put about, manage and protect the legal rights of workers during work abroad;
7. Maintenance and validation on shared labour, wage and book the shared social insurance for workers during the time worked abroad under the provisions of the law of Vietnam;
8. statutory tax for activities related to the introduction of laborers working abroad and the full observance of the policy, the financial management mode, on the management and use of Exchange (if any) in accordance with the law of Vietnam;
9. Implementation of the reporting regime under the provisions of the Ministry of labor, invalids and Social Affairs.
Article 11. The economic organization of licensed works specified in article 8 of this Decree was represented in the foreign labor management are working abroad, find out and labour market development. Apparatus and staffing by the economic organization of the decision in accordance with the provisions of the law of Vietnam.
 
CHAPTER IV RESPONSIBILITIES of the ministries, WHILE the LOCAL VIETNAMESE LABORERS to WORK abroad in article 12. The Ministry of labor, invalids and Social Affairs is responsible for: 1. Unified State management about bringing Vietnam workers go to work has a time limit;
2. Negotiations, signed the agreement on cooperation in the use of foreign labor under the authorization of the Prime Minister;
3. Together with the Ministry of industry-related research, the Government issued the policies and modes are related to putting Vietnam workers go to work overseas has a time limit; guide the implementation of the policy, that mode;
4. Study of the labor market abroad, in cooperation with the ministries, local building and implementation programs for jobs outside the country, guidance and direction to the organizations active in the field of Economics included Vietnam workers go to work abroad;
5. Based on the needs of the labor market abroad for licensing for organizations economic and collect licensing fees as prescribed by the Government.
6. Periodically report to the Prime Minister about the situation in Vietnam labor work term abroad; in coordination with the Foreign Ministry and the ministries concerned to resolve the problems arising;
7. election of the Foreign Ministry proposal make the State management of labour in the Vietnam's representative offices abroad.
Article 13. The license says in paragraph 5 article 12 include: 1. the operation of license taken away Vietnam laborers working overseas had been granted to the organizations specified in article 8 of this Decree. The licenses are worth 3 years.
2. License to perform the contract put Vietnam workers go to work overseas has a time limit. This license is granted to the economic organization that permits the operation of bringing the Vietnam workers abroad to work.
3. Workers go to work abroad under a contract between individuals with organizations or individuals abroad to do the procedure through an economic organization has a license to operate.
4. economic institutions take Vietnam workers go to work abroad in the form of equity, contracting works, self-regulation and not pay it also snows there please allow operation under paragraph 1 but must apply for a licence made under securities 2.
Minister of labor, invalids and Social Affairs regulates licensing procedures for ensuring the governance is tight, simple and urgently, in accordance with the requirements of the administrative procedure reform of Government.
Article 14. The Ministry, people's committees, the central cities are responsible for understanding the labour market; the decision to establish the economic organization on duty brought Vietnam workers go to work overseas has a time limit as prescribed by law; recommended the Ministry of labour, invalids and Social Affairs for the Organization, at the same time directing, tracking, creating favorable conditions for recruiting workers in local industries or manage go to work abroad.
Article 15. The Ministry of Foreign Affairs, the State Committee for cooperation and investment, the Ministry of Commerce and the Ministry of industry, according to its functions in coordination with the Ministry of labor, invalids and social cooperation, using Vietnam with foreign labor.
Article 16. The Interior Ministry chaired the same Ministry of Foreign Affairs, the Ministry of labor, invalids and social personnel procedures guide, passport, exit for Vietnam workers go to work abroad under a simple process, closely, ensuring fast, to meet the requirements on time and according to its function in directing implementation of the management employees Vietnam during the time worked abroad.
 
Chapter V article 17 ENFORCEMENT TERMS. Organizations make good putting Vietnam workers go to work abroad will be considering rewarding; in case of violation of the provisions of this Decree and the other provisions of the law of entail adverse consequences, then depending on the extent of that infringement is temporarily suspended, revoked license, enforcement of discipline, administrative sanction or prejudice to criminal responsibility.
Article 18. This Decree in force since January 1, 1995. Repeal of decree 374/dated 9 November 1991 and the previous provisions contrary to this Decree and Labor Law.
Article 19. The Ministry of labor, invalids and Social Affairs, in coordination with the ministries concerned specific instructions implementing this Decree.
Article 20. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central authority responsible for the implementation of this Decree.