CIRCULAR of the MINISTRY OF LABOR, invalids and SOCIAL AFFAIRS guide implementation of Decree 7/CP on October 20, 1995 by the Government of Vietnam laborers brought to work overseas has a time limit pursuant to Decree No. 12/CP dated 20 January 1995 from the Government detailing a number of articles of the labor code on putting employees Vietnam go to work overseas has a time limit; After reaching the comments with the ministries concerned, the Ministry of labor, invalids and Social Affairs guide as follows: i. object, SCOPE 1. The audience was allowed to work abroad a. workers, employees and those working in State enterprises (including enterprises of the Ministry of defence and the Ministry of the Interior), administrative units and social union organizations;
b. people who are working in the State economic organizations, enterprises of foreign investment and the Organization of the alien lawful activities in Vietnam.
c. students, graduates of professional schools in the country and abroad have yet to get a job;
d. social workers.
2. Objects not belonging to an overseas work a. public servants, officers are working in the State administration from Central (including ministries, State committees, government agencies) to the local (people's Committee consists of the levels, headquarters, departments of the people's Committee).
b. officers, non-commissioned officers, soldiers active in the people's army, the people's public security.
c. those who have not been allowed to exit as defined in section A, item III, circular No. 02/BNV (A18) on 30 April 1995 by the Ministry of Interior Guideline No. Government Decree 24/CP dated 23 March 1995 on the procedure for exit and entry.
3. The occupation, the area was not sending laborers to work in the foreign economic organizations prohibited contract laborers brought Vietnam to do the trades or to work in the areas specified in annex I attached to this circular.
 
II. SELECTION Of LABOUR 1. The Vietnam labour standards as defined in point 1 of section I, go and work overseas had to have enough of the following criteria: a. Vietnam citizens 18 years of age (as of the date of making the recruitment records);
b. Has the legal capacity and the capacity behavior, full observance of obligations of citizens under the law, voluntary work abroad.
c. have full health, cultural level, occupation and foreign languages at the request of economic organization that contracts signed with foreign parties.
2. principles of selection a. Economic organizations are allowed to take Vietnam workers go to work abroad are directly organised and recruit the right audience that needs to go work abroad, not through any organization or individual mediators.
b. When a selection, economic organization is public notice about standards, requirements on sex life, work that laborers, work and the duration of the contract, the living and working conditions, rights and obligations of laborers working abroad.
c. If the labour recruitment in the unit or other local economic organizations must present the license when working with that unit or Department of labour, invalids and Social Affairs.
d. economic organization has brought contract laborers to work abroad must prioritize the following objects: selection of the martyrs, the wounded, the children of the family to the revolution, the guards have completed military service (especially in Changsha), youth volunteer has completed the obligation.
e. before putting away the economic organization, are:-the contract go overseas to work with employees. The contract was signed under the principle of equality, voluntary and must clearly state the following: contract term and work: work, working time and rest; the working and living conditions; the rights and obligations of each party and other regulations due to the two parties to the agreement.
Training for employees about Vietnam's law and the law of the country, their rights and obligations under a contract signed, the conscious education accepted the terms of the contract, commitment of ourselves and labor discipline; on the difficulties and advantages when working abroad, about the customs of the country.
3. the recruitment records including: a. voluntary Petition please go to work abroad (have committed ourselves and families);
b. curriculum vitae confirmed by the local authorities (communes and wards) place of residence or the worker unit is working;
c. the certificate has adequate medical facility health authority (due to health regulations) d. other necessary documents required by the contract.
III. LICENSING PROCEDURE 1. Active license a. active license about bringing laborers working overseas term (active license) granted for economic organizations to perform labor supply function for a foreign country. Active license worth 3 years from the date of issue and will be revoked if within one year from the date of issue, the unit does not perform a significant contract.
b. conditions for licensing activities: economic institutions want to be licensed the activity brought laborers working overseas term must have the following conditions:

Is the State enterprise was established under Decree No. 388/dated 20 November 1991 of the Council of Ministers (Government), has the function of bringing laborers working abroad.
Has working capital from one billion Vietnam or over at the time of applying permissions.
Apparatus and staff perform functions directly supplying workers to foreign countries must have the management capacity; There are at least two-thirds of leading cadres and fifty percent of professional officers graduate; have staff fluent in foreign languages, especially English.
Understanding the labour market, the labour law, the law of the receiving country's labor immigration and related international law.
c. the process of active license: license application submitted to the Ministry of labor, invalids and Social Affairs include: application to license the operation of the opinion certified by the heads of Ministries or local (provincial or city level) according to the model No. 1 attached to this circular.
A copy of the decision to establish the State enterprises have the functions and tasks of the economic organization of legal.
Certification of financial institutions or the industry level of working capital from one billion.
The economic justification of the possibility of the Organization's activities in the field of Economics included Vietnam workers go to work abroad have confirmed by heads of the Ministry or local content and are as follows: the base, the physical conditions and financial capabilities; the qualifications and competencies of staff directly responsible for supply; the ability to exploit overseas labor market the use of labour resources; norms and social-economic efficiency, labor-management measures; ensuring the interests of the State, economic organizations and employees.
The Ministry of labor, invalids and Social Affairs to review and respond to the results of active license for economic organizations during the fifteen days of the receipt of a valid application.
When the active license, organizations must submit a fee at the Ministry of labor, invalids and Social Affairs according to regulations of the Ministry of labor, invalids and Social Affairs and finance.
2. perform a contract license. License contract give Vietnam workers go to work abroad (license contract) are granted for economic organizations have active license to make labour contracts signed with foreign parties. The value of the license contract be determined depending on the scale and nature of each contract, but must not exceed 6 months from the date of issue. The renewal of the license of this type was solved only once with the term lasts not more than 3 months on the basis of the proposed renewals and contract implementation report of economic organization.
b. conditions for licensing contract implementation: economic organization has license to operate;
Take Vietnam labour contracts have gone to work abroad or the individual contract workers through economic organization to perform. The contract signed with foreign parties to put Vietnam workers go to work overseas to ensure the interests of the State, economic organizations and employees. That contract has the following basic content: the number and structure of labour; trades; place of work and duration of work, the working and rest time, salary, bonus, the first overtime mode, the cost of travel from Vietnam to work in time working abroad. The working and living conditions, the cost of accommodation, social insurance for workers, responsible for processing when there are special events.
c. licensing process implementation contracts: Licensing application submitted to the Ministry of labor, invalids and Social Affairs include: license application made under the contract model No. 2 attached to this circular.
A copy of the contract take Vietnam labour go to work abroad have confirmed by heads of unit and attach a political perspective;
Certified by the competent authorities of the receiving countries about the labor agreed to import labour in cases of need;
The report made about the first contract taken laborers to work abroad (including financial, payment mode).
The case please supplement the number of labor contracts are made, organizations must report the implementation of license contract.
With regard to economic organizations please permit sending laborers to perform the contract, lease contracting overseas works according to clause 4, article 13 of Decree 7/CP on October 20, 1995-01, application for license include: copy of the contract, lease contracting works.
The text of the authority allowing the contract to receive independent contractor works;
Labour plans to make contracts, lease contracting works.
The Ministry of labor, invalids and Social Affairs to review and respond to results of the licensing contract for the implementation of economic organization during the 5 days of the receipt of a valid application. With respect to the contract workers need to take the opinion of other authorities, the prolonged period of not exceeding 15 days.
Upon receipt of the license contract, the economic organization must submit the fees charged on the amount of labor contract according to the regulations of the Ministry of labor, invalids and Social Affairs and finance.
 

IV. FINANCIAL PROVISIONS For WORKERS And ORGANIZATIONS 1. Employees are responsible for a. lodged a deposit for economic institutions taken away to ensure the implementation of the contract that workers have signed with the economic organization. Deposit rates by the workers and the economic agreement, the organization may file one time or except fade into salaries, but not to exceed the price of a plane ticket from Vietnam to where employees work abroad.
b. submission of service fees for economic organizations put away under the provisions of the Government and the Labor Union's Guide-invalids and social-finance.
c. submission of social insurance through economic organizations put away under the provisions of the State of Vietnam.
d. income tax under the provisions of the income tax Ordinance for high income people on 19-5-1994; Decree No. 04/CP dated 20 January 1995 the Government and circular No. 27/TC/TCT 30/3/1995 of the Ministry of finance.
2. economic organization is responsible for Collecting and preserving a. deposit of workers. This account and accounts payable accounting to ensure payment for employees on time.
Within 1 month from the date of completion of the contract workers on water or termination ahead of time without causing economic damage to the economic organization of the economic organizations must repay the deposit for workers including interest calculated according to non-term deposits rates by the State Bank of Vietnam regulations at the time of payment. Case workers have not yet received back then about the water deposit, economic organization is responsible for managing funds under current financial regime of the State of Vietnam.
Case workers violated the labor contract economically damaging to the economy, the economic organization are deducted the deposit of workers according to material compensation mode, but is public notice to employees know the reason and how to subtract.
b. collect money to social insurance c, point 1, section IV of this circular, and filed into the social insurance fund according to the regulations of the Government.
c. the costs of services to workers b, point 1, section IV of this circular. This account is the turnover of economic organization refers to costs for the supply of labor activity, selection; health, fostering and check workmanship, foreign languages; education, training before, labor management in and outside the country; exit procedures, entry and transfer of pay for workers of the facility before going.
d. Currency and income of workers under the Government's regulations.
In addition to the above revenues, economic organizations are not collecting more of workers of any other account.
V. LABOR MANAGEMENT 1. Profile management of laborers: organizations are responsible for managing the records of employees, records that include: voluntary Petition please go to work abroad; the health certificates, curriculum vitae: contracts to work abroad with economic organizations and other papers (if available).
2. Number of employees: before going to work abroad, economic organization is collecting labor book, shared social insurance of employees. For those who haven't already shared labour, social insurance, the book economic organizations have to do procedures for the Department of labor, invalids and Social Affairs, social insurance agency-level labor book local, shared social insurance for workers to have permanent residence in the locality. Put away the economic organization is responsible for preserving and confirm the process of work, wages and social insurance premiums of workers during the period abroad.
3. Make a list of contract labor: immediately after bringing the laborers to work abroad under each contract, economic organization of labor listed under model number 3 with this circular and submit 2 copies to the Ministry of labor, invalids and Social Affairs to make the management and transferred to Vietnam's representative offices in the country have employees work.
4. the overseas labor management: economic organization is responsible for the direct management of foreign workers, who are represented in the receiving country labor to manage its workforce; track, monitor the implementation of the signed contracts; handling labor disputes and problems arising in relation to the workers until the complete putting workers on the water. When elected representatives who make overseas economic organizations must notify the Ministry of labour, invalids and Social Affairs and the representative body of the country in Vietnam said. Representatives of economic organizations abroad subject to the direction of the State management of Vietnam's representative offices in the country and the Ministry of labor, invalids and Social Affairs.
5. resolution procedure in the country: When workers on water, economic organizations resolve liquidation procedures the labor contract; the labor report, shared social insurance has a verified working time and time for social insurance premiums; income tax receipt; deposit refund and made the policy, mode (if available) according to the current rules of the State of Vietnam.

6. Reporting: organizations must make periodic quarterly report mode in the form of 4 attached to this circular. If there are sudden incident (breaking the law, labor dispute; fighting, accidents, death, etc.), then the economic organizations must report immediately to the Ministry of labor, invalids and Social Affairs and the relevant authorities simultaneously proposed remedies.
 
VI. IMPLEMENTATION 1. The economic organization was granted license to operate before the promulgation of Decree No. 7/CP dated 20 January 1995, the Government would have to redo the procedure please license as prescribed in this circular within 6 months from the date of this circular effect, after the aforementioned time limit old operating license is no longer valid. Case active license expired, economic organizations still are responsible to the State on the number of workers are also working abroad until the expiration date of the contract.
2. The Department of labor, invalids and Social Affairs according to their functions help people's committees implement management and facilitates the selection of economic organization of labor work term abroad as stipulated in Decree No. 12/CP on October 20, 1995 by the Government and this circular.
3. The Ministry of labour, invalids and Social Affairs held the check, the Inspector putting laborers working abroad. If found to have violated the bad influence, then depending on the extent to which violations of their contract termination request limit, suspend or revoke licences, enforcement of discipline, administrative sanction or prejudice criminal liability for violations of.
4. This circular takes effect from the date of signing. Removal of guidance documents, the Decree 370/HĐBT and other text contrary to this circular.
5. in the implementation process, if there are obstacles, suggest local ministries reflects on the Ministry of labour, invalids and Social Affairs to study the resolution.