ENTERPRISES ARE ELIGIBLE TO SEND VIETNAMESE WORKERS ABROAD (THE LABOR EXPORT SERVICE PROVIDERS)

You are a Vietnamese worker and want to find a foreign job under a contract. You are considering signing a service contract with an enterprise sending workers abroad but do not know how to choose an enterprise which is reputable and qualified as prescribed by law

Currently, the labor export service is being complicated by the fact that there have been many cases related to fraudulent appropriation of assets, cross-border human trafficking, many people took advantage of the ignorance and precaution of workers on this form of service to reap, leaving many pitiful endings for many workers and their relatives. To help you better understand the conditions of the labor export service for your right decision on your own career and for ensuring your own safety, Bizlawyer & Partners will give you some guidance of the present law on the conditions for enterprises catering to labor export service.

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1. Legal grounds

• Law on Vietnamese workers going to work abroad in 2006;
• Investment Law 2014; and
• Decree 126/2007/ND-CP detailing the Law on Vietnamese workers going to work abroad

2. The labor export service – a conditional business line

According to Clause 8, Article 1 of Law on Vietnamese workers going to work abroad in 2006 and Section 74 Appendix 04 of Investment Law 2014, the labor export service (or “the business line sending workers abroad service” under the law) is a conditional business line. Therefore, before and during conducting this service, enterprises must comply with and meet the conditions prescribed by law

3. Conditional requirements of labor export service

A labor export service provider must satisfy the following 06 conditional requirements before and during its business operation:

• Being an enterprise established and operating under Law on Enterprise, having 100% charter capital of Vietnamese organizations and individuals;
• Having charter capital higher or equal to the legal capital of VND 5 billion;
• Having a scheme of sending workers abroad. This scheme must demonstrate financial capacity, material facilities and the information of staffs having sufficient qualifications and experience to meet the requirements of the operation to send workers abroad;
• Having a specialized section provide necessary knowledge for workers before sending them abroad and provide the labor export service in accordance with regulations of Ministry of Labor – War Invalids – Social Affairs. If it engages in the labor export service for the first time, it must make a plan to organize the specialized section;
• The leader in charge of administering activities of sending workers abroad  must have a university or higher degree, and at least three-year experience in the sending of workers abroad or in international cooperation and relations; and
• Having paid the deposit under government regulations of VND 1 billion

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Upon commencement of operation, that enterprise must fully meet all the mentioned-above 6 conditions to be granted a “License of operation sending workers abroad service” by Minister of Labor – War Invalids – Social Affairs. At the same time, during its operation, it must also ensure to meet all these 06 conditions

It would be better to contact directly with the Provincial/province-level People’s Committee ) where that enterprise is headquartered in order to confirm whether it is currently being licensed and is meeting the conditions prescribed by law

Conclusion

Hopefully the information in this article is useful to you, if you have any questions relating to labor export, please contact us via our email: Info@bizlawyer.vn or Hotline Call: (+84)086.888.1900 for timely advice and support.