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Viet Nam > Migrant workers

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Country: Viet Nam - Subject: Migrant workers

  1. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 11/2016/ND-CP stipulating in detail the implementation of some articles of the Labour Code for foreign laborers working in Vietnam. - Legislation on-line

    Adoption: 2016-02-03 | VNM-2016-R-103523

  2. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Resolution No. 65/NQ-CP On the signing of an agreement between the Government of the Socialist Republic Socialist of Vietnam and the Government of Australia concerning the working holiday program. - Legislation on-line

    Adoption: 2014-09-05 | INT-2014-M-97022

  3. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 22/2013/TT-BLDTBXH Prescribing the form and content of labour contracts and supply contracts of workers sent to work abroad. - Legislation on-line

    Adoption: 2013-10-15 | Date of entry into force: 2013-12-01 | VNM-2013-M-97044

  4. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 102/2013/ND-CP regulating the implementation of some articles of the Labour Code concerning foreign workers working in Vietnam. - Legislation on-line

    Adoption: 2013-09-05 | VNM-2013-R-97039

  5. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 95/2013/ND-CP on penalties for administrative violations against regulations on labour, social insurance and overseas manpower supply. - Legislation on-line

    Adoption: 2013-08-22 | Date of entry into force: 2013-10-10 | VNM-2013-R-97028

  6. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 31/2011/TT-BLDTBXH guiding a number of articles of the Government's Decree No. 34/2008/ND-CP of March 25 2008, on the employment and administration of foreigners working in Viet Nam and Decree No. 46/2011/ND-CP of June 17, 2011 amending and supplementing a number of articles of the Government's Decree No. 34/2008/ND-CP. - Legislation on-line

    Adoption: 2011-11-03 | Date of entry into force: 2011-12-18 | VNM-2011-M-91613

    Chapter I - General Provisions
    Chapter II - Recruitment and Management of Foreign Employees in Vietnam
    Chapter III - Organization of Implementation

  7. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 46/2011/ND-CP amending and supplementing a number of articles of the Government's Decree No. 34/2008/ND-CP of March 25 2008, on the employment and administration of foreigners working in Viet Nam. - Legislation on-line

    Adoption: 2011-06-17 | Date of entry into force: 2011-08-01 | VNM-2011-R-91860

    Amends Decree No. 34/2008/ND-CP:
    1. Adds new points k. ("Business societites and association established under Vietnamese law") and l. ("Households and persons licensed for business operations by competent authorities under Vietnamese law") to Article 1(2)
    2. Amends and supplements article 4(2) and (3) (recruitment application dossiers of foreigners)
    3. Amends and supplements article 4(4)(a) (recruitment announcements)
    4. Amends and supplements article 5(4)
    5. Amends and supplements article 6(3)
    6. Adds a new article 6a (foreigners entering into Vietnam to implement bid packages or projects won by foreign contractors in Vietnam)
    7. Amends and supplements article 8(3)
    8. Adds points h, i, j, k and l to article 9(1)
    9. Amends and supplements article 9(3) (dossiers of work permit application
    10. Amends article 9(5)(b)
    11. Repeals article 9(5)(c)
    12. Amends and supplements article 9(6) (registration of foreigner with the provincial-level Labour, War Invalids and social Affairs Department)
    13. Amends and supplements article 10(2)(a) (composition of a dossier for a foreigner working under a labour contract)
    14. Amends and supplements article 10(4) (order of work permit extension)
    15. Amends and supplements article 11 (renewal of work permits)
    16. Amends and supplements article 14(3)
    17. Adds new article 15a (responsibilities of the Ministry of Public Security)
    18. Adds new article 16a (responsibilities of the Ministry of Industry and Trade)
    19. Amends and supplements article 18(2)
    20. Adds new paragraph 7 to article 19
    21. Amends and supplements article 20(1)

  8. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 108/2010/ND-CP providing for region-based minimum wage levels for labourers working for Vietnamese companies, enterprises, cooperatives, cooperative groups, farms, households and individuals and other organizations employing labourers. (Nghị định 108/2010/NĐ-CP quy định mức lương tối thiểu vùng đối với người lao động làm việc ở công ty, doanh nghiệp, hợp tác xă, tổ hợp tác, trang trại, hộ gia đ́nh, cá nhân và các tổ chức khác của Việt Nam có thuê mướn lao động) - Legislation in Vietnamese

    Adoption: 2010-10-29 | Date of entry into force: 2011-01-01 | VNM-2010-R-86357

    Provides for region-based minimum wage levels for labourers. Revokes Decree No. 97/2009/ND-CP of October 30 2009.

  9. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Joint circular No. 05/2009/TTLT-BCA-BNG of May 12, 2009, guiding the procedures for overseas Vietnamese to register permanent residence in Vietnam. (Thông tư liên tịch 05/2009/TTLT-BCA-BNG hướng dẫn thủ tục giải quyết cho công dân Việt Nam định cư ở nước ngoài đăng kư thường trú tại Việt Nam do Bộ Công an - Bộ Ngoại giao ban hành) - English Translation

    Adoption: 2009-05-12 | VNM-2009-M-84336

    Applies to overseas Vietnamese holding valid passports or passport substitute papers granted by foreign authorities (below collectively referred to as foreign passports) who register permanent residence in Vietnam.

  10. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Joint Circular No. 11/2008/TTLT-BLDTBXH-BTC guiding the management and use of the Overseas Employment Support Fund.

    Adoption: 2008-07-21 | VNM-2008-M-80881

    I. Sources, Levels and Mode of Contribution to the Fund
    II. Support Contents, Levels, Order and Procedures
    III. Management of the Funds Finance
    IV. Organization of Implementation

  11. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 34/2008/ND-CP on employment and administration of foreigners working in Viet Nam. - Act on-line in English

    Adoption: 2008-03-25 | VNM-2008-R-80845

    Regulates the employment and administration of foreigners working in Vietnam; the order and procedures for issuance of work permits and the use of work permits; and the responsibilities of foreigners, employers and State bodies in the employment and administration of foreigners working in Vietnam.

  12. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Decision No. 2985/2007/QD-BNG promulgating the Regulation on organization and operation of the Fund for Assisting Overseas Vietnamese Citizens and Legal Entities.

    Adoption: 2007-11-29 | Date of entry into force: 2007-01-11 | VNM-2007-M-81585

    Promulgates the Regulation, which provides for the organization and operation of the Fund (FAOV) which was set up by the Prime Minister under Decision No. 119/2007/QD-TTg of July 25 2007. Does not apply to Vietnamese citizens who permanently reside in foreign countries or territories and have paid insurance premiums in those countries. The Fund is set up to assist diplomatic missions, consulates and agencies to protect the lawful rights and interests of overseas Vietnamese citizens as well as emergency humanitarian aid and support.

  13. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 21/2007/TT-BLDTBXH detailing a number of articles of the Law on Vietnamese Guest Workers and Government Decree No. 126/2007/ND-CP of 1 August 2007, detailing and guiding a number of articles of the Law on Vietnamese Guest Workers.

    Adoption: 2007-10-08 | VNM-2007-M-81553

    Implements the Law on Vietnamese Guest Workers of 29 November 2006.
    I. Licenses and Procedures for Grant and Exchange of Licenses
    II. Notification of Assignment, Change, and Termination of Tasks of Branches (article 16 of the Law)
    III. Non-Business State Organizations Sending Workers Abroad
    IV. Procedures for Registration of Contracts
    V. Recruitment and Management of Workers
    VI. Reporting (Clause 12, Article 8 of Decree No. 126/2007/ND-CP)
    VII. Organization of Implementation

  14. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decision No. 144/2007/QD-TTg on setting up, management and use of the Overseas Employment Support Fund.

    Adoption: 2007-08-31 | VNM-2007-R-81551

    Establishes the Overseas Employment Support Fund to reorganize the labour export support fund (Prime Minister's Decision No. 163/2004/QD-TTg of September 8, 2004). This fund is managed by the Ministry of Labour, War Invalids and Social Affairs and is a non-profit fund.

  15. Viet Nam - Migrant workers - Law, Act

    Law on Vietnamese Guest Workers (No. 72/2006/QH11). (Luât Ngụi lao dông Viêt Nam di làm viêc o nuoc ngoài theo hop dông) - Legislation on-line Legislation on-line

    Adoption: 2006-11-29 | Date of entry into force: 2007-07-01 | VNM-2006-L-91702

    This law provides for activities of sending workers abroad under contract as well as rights and obligations of guest workers under contract, the right and obligations of enterprises and non-business organizations sending workers abroad under contract.

    Chapter I - General Provisions
    Chapter II - Enterprises and Non-Business Organizations Sending Workers Abroad
    Chapter III - Guest Workers
    Chapter IV - Teaching of Jobs and Foreign Languages and Provisions of Necessary Knowledge
    Chapter V - Overseas Employment Support Fund
    Chapter VI - State Management of Guest Workers
    Chapter VII - Settlement of Disputes and Handling of Violations
    Chapter VIII - Implementation Provisions

  16. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Joint Circular No. 06/2006/TTLT-BLDTBXH-BTP providing guidance on guaranty for labourers going to work abroad.

    Adoption: 2006-07-07 | Date of entry into force: 2006-08-05 | VNM-2006-M-75347

    Ensures a uniformed guarantee for workers going to work abroad.

  17. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Joint Circular No. 59/2006/TTLT-BTC-BLDTBSH guiding brokerage fees for labour export.

    Adoption: 2006-06-26 | Date of entry into force: 2006-07-20 | VNM-2006-M-75351

    Regulates the fees that are paid to brokerage parties to secure contracts to send workers to work overseas (shall not exceed one month's salary per year).

  18. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Joint Circular No. 03/2006/TTLT/BLDTBXHBNG of March 31 2006, Guiding the implementation of a number of provisions of the Government's Decree No. 141/2005/ND-CP of November 11, 2005, on management of Vietnamese labourers working abroad.

    Adoption: 2006-03-31 | VNM-2006-M-74104

    Regulates the management of Vietnamese labourers working abroad including the responsibilities of enterprises towards workers, responsibilities of foreign-based Vietnamese recruitment agencies and responsibilities of labour management boards. It also provides for administrative sanctioning of Vietnamese labourers working abroad.

  19. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decision No. 33/2005/QD-TTg approving the scheme on job-training for labourers going to work overseas up to 2015.

    Adoption: 2006-02-07 | VNM-2006-R-73670

    Sets out the objectives, tasks and major solutions for the job-training scheme as well as the implementation schedule and organization of implemention.

  20. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 24-2005-TT-BLDTBXH on employment and administration of foreign employees working in Vietnam.

    Adoption: 2005-09-26 | VNM-2005-M-73761

    Implements the Decree 93-2005-ND-CP and amends a number of clauses to Circular 04-2004-TT-BLDTBXH dated 10 March 2004.

  21. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 93-2005-ND-CP on Amendment of and addition to a number of articles of Decree 105-2003-ND-CP of the Government date 17 September 2003 providing detailed regulations and guidelines on implementation of a number of articles of the Labour Code with respect to employment and administration of foreign employees working in Vietnam.

    Adoption: 2005-07-13 | VNM-2005-R-73760

  22. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No.04-2004-TT-BLDTBXH providing guidelines for implementation of a number of articles of Decree 105-2003-ND-DP of the Government dated 17 September 2003 with respect to employment and administration of foreign employees working in Vietnam.

    Adoption: 2004-03-10 | VNM-2004-M-73759

    Implements Decree 105-2003-ND-CP and Resolution 01-2004-NQ-CP of the Government dated 12 January 2004 on a number of basic solutions for directing and administring implementation of State planning the the State budget for 2004.

  23. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 81/2003/ND-CP of July 17, 2003 Detailing and Guiding the Implementation of the Labour Code Regarding Vietnamese Labourers Working Overseas.

    Adoption: 2003-07-17 | VNM-2003-R-78276

    Prescribes the conditions for granting and withdrawing licenses for labor export activities; the registration of labor export contracts; the rights and obligations of enterprises sending Vietnamese laborers to work overseas; the rights and obligations of Vietnamese laborers working overseas; the Labor Export Support Fund; the State management over Vietnamese laborers working overseas.

  24. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree guiding the execution of expulsion penalty (No. 54/2001/ND-CP).

    Adoption: 2001-08-23 | VNM-2001-R-60187

    Regulates expulsion as a principal or additional penalty applicable to foreigners. Part II provides for obligations and rights of expelled persons; Part III for responsibilities and powers of the expulsion penalty-executing agency. Part IV contains implementation provisions.

  25. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Ordinance on entry, exit and residence of foreigners in Vietnam (No. 24/2000/PL-UBTVQH10).

    Adoption: 2000-04-28 | Date of entry into force: 2000-08-01 | VNM-2000-R-57289

    Regulates entry, exit and transit of foreigners (Chapter II), residence of foreigners (Chapter III), expulsion (Chapter IV), state management over entry, exit and residence of foreigners in Vietnam (Chapter V), and some related matters.

  26. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular Providing Guidelines for Issuance of Work Permits for Foreigners Working in Enterprises and Organisations in Vietnam (No. 08-2000-TT-BLDTB&XH).

    Adoption: 2000-03-29 | VNM-2000-M-57980

    Makes provision for procedures for issuance of work permits, extension of work permits and re-issuance of work permits.

  27. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 169/199ND-CP amending and supplementing a number of sections of Government Decree No. 58/CP of 3 October 1996 on the granting of work permits to foreigners working at enterprises and organizations in Vietnam.

    Adoption: 1999-12-03 | VNM-1999-R-55542

    Amends Government Decree No. 58/CP with regard to types of employers which may hire foreign workers (to include joint-venture banks and cooperatives), and procedures for securing work permits.

  28. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decision No. 210/1999QD-TTg on a number of policies towards overseas Vietnamese.

    Adoption: 1999-10-27 | VNM-1999-R-55788

    Regulates a number of issues concerning overseas Vietnamese returning to Vietnam, such as exemption from visa requirements and the procedures to obtain temporary residence, and designates the bodies responsible for issuing passports.

  29. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 152/1999/ND-CP.

    Adoption: 1999-09-20 | VNM-1999-R-56205

    Regulates the sending of Vietnamese specialists and labourers abroad to work for a definite period of time. Provides for procedures for licensing specialised business operations and for registering contracts. Determines rights and obligations of Vietnamese labourers working abroad, of enterprises that send Vietnamese labourers abroad, as well as the responsibilities of the ministries involved.

  30. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Regulation stipulating a number of measures to prevent and handle violations in the field of sending labourers and experts to work abroad (Decision No. 725/1999/QD-BLDTBXH).

    Adoption: 1999-06-30 | VNM-1999-R-56229

    Regulates recruitment, training, education and management of labourers, establishes responsibilities of enterprises, labourers, experts and managing agencies, and provides for the handling of violations of the regulation.

  31. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Joint Circular No. 2/1998/TTLT/BNV-BNG guiding the implementation of Decision No. 957/1997/QD-TTg of 11 November 1997 of the Prime Minister on improving a number of exit procedures and resolving matters relating to Vietnamese nationals who have gone abroad but failed to return home within the prescribed time limit.

    Adoption: 1998-05-19 | Date of entry into force: 1998-06-03 | VNM-1998-M-50750

  32. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Decision No. 957/1997/QD-TTg on improving a number of exit procedures and resolving matters relating to Vietnamese nationals who have gone abroad but do not return home within the prescribed time limit.

    Adoption: 1997-11-11 | VNM-1997-M-49082

    Heads of state bodies, state enterprises and armed forces units shall be answerable before law for the management of personnel who are sent abroad. Should employees of such bodies voluntarily remain abroad and refuse to return in the prescribed time limit, the responsible bodies shall remove such persons from their payroll and cut their benefits, except in cases of persons who have retired. Communist Party members who remain abroad shall be reported to the relevant Party Committee. If Vietnamese nationals who remain abroad wish to protect their Vietnamese citizenship, they must make a declaration to that effect at a representative office of Vietnam. Students and apprentices who are sent abroad for training at State expense and who remain abroad shall be liable to repay the costs of their training.

  33. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 17-LDTBXH/TT of 24 April 1997 guiding the implementation of the compulsory social insurance regime for laborers on definite term working contracts abroad.

    Adoption: 1997-04-24 | Date of entry into force: 1997-05-09 | VNM-1997-M-47434

    Provides for the calculation of pension and death allowance benefits for Vietnamese employees working on definite term contracts abroad.

  34. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No. 09-LDTBXH/TT providing guidance for the granting of work permits to foreigners working at enterprises and organizations in Vietnam. - English translation

    Adoption: 1997-03-18 | VNM-1997-M-46997

    Defines which types of foreign workers are eligible for work permits as provided for in Decree No. 58-CP. Sets forth the procedures for granting work permits to foreign workers.

  35. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Decision on printing, issuance and management of work permits for foreigners (No. 178-LDTBXH-QD).

    Adoption: 1997-03-18 | VNM-1997-M-50780

    Provides for technical aspects of work permits.

  36. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree on issuance of work permits for foreigners working in enterprises and organizations in Vietnam (No. 58-CP). - English translation

    Adoption: 1996-10-03 | Date of entry into force: 1996-10-03 | VNM-1996-R-46570

    Requires non-Vietnamese workers to obtain work permits and guarantees them protection under Vietnamese labour laws. Employers shall be allowed to recruit foreign labour for jobs requiring skills which Vietnamese workers cannot perform, provided there are plans to train Vietnamese workers to perform such skills. Maximum period of employment for a foreign worker shall be three years. Sets forth application procedures for work permits.

  37. Viet Nam - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Circular No.20/LDTBXH-TT date 31 August 1995 providing guidance on the implementation of Decree No.07/CP dated 20 Janurary 1995 to regulate in detail various sections of the Labour Code concerning sending Vietnamese abroad for a fixed duration. - Circular on-line (unofficial English translation)

    Adoption: 1995-08-31 | VNM-1995-M-75899

    Implements Decree No. 07/CP. In particular stipulates those workers who are permitted to go and work in another country. Also sets out procedures for issuing permits, regulation of finance for workers and economic organizations and the management of human resources.

  38. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree No. 07/CP of 20 January 1995 to regulate in detail various sections of the Labour Code concerning sending Vietnamese abroad for a fixed duration. - English translation

    Adoption: 1995-01-20 | VNM-1995-R-43895

    Establishes the required conditions for the workers concerned, the forms of labour contracts, the rights and obligations of the workers, the conditions required and the responsibilities of organisations having the authority to carry out the activities provided for under licence granted by the Ministry of Labour, War Disabled, and Social Affairs. Also sets out the responsibilities of the central and local authorities in this area.

  39. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Regulation on sending Vietnamese nationals to work abroad for a limited period of time (Decision No. 370 of the Council of Ministers HDBT of 1991)

    Adoption: 1991-11-09 | VNM-1991-R-39364

    Chapter I outlines the purposes for sending Vietnamese nationals abroad for work, defines the entities entitled to do so and enumerates the categories of Vietnamese entitled to migrate. Chapter II sets out the benefits for and obligations of migrants. Potential migrants are entitled to information about conditions of work, are allowed to take necessary working tools with them and to remit earnings in foreign currency to Viet Nam subject to mutual agreements. They are also entitled to coverage - without further specification - by all social insurance benefits and other benefits stipulated under the laws of Viet Nam. Migrant workers are required to sign contracts of employment prior to departure and to pay a recruitment fee and a deposit to the recruitment agency. The deposit shall serve as security for the workers' fulfilment of their contractual obligations. The size and mode of payment of the deposit is subject to negotation and agreement between workers and the recruitment agency. Upon fulfilment of the contract the deposit shall be refunded. Migrant workers are further required to pay 30 percent of their earnings to the Government. Chapter III regulates the recruitment agencies. Agencies must be licensed and have a guarantee to secure their operations. They are responsible for sending the workers abroad, receiving them back and securing their resettlement. General and direct supervision is exercised by MOLISA, a government entity. Sanctions include the suspension or withdrawal of licences as well as disciplinary or penal action.

  40. Viet Nam - Migrant workers - Regulation, Decree, Ordinance

    Decree on lease of premises by foreigners and recruitment of labour by foreigners (No. 389-HDBT).

    Adoption: 1990-11-10 | VNM-1990-R-48395

    Provides for the regulation of leasing of premises and recruitment of foreign labourers.

  41. Viet Nam - Migrant workers - Law, Act

    Law on Nationality of Vietnam

    Adoption: 1988-06-28 | Date of entry into force: 1988-07-15 | VNM-1988-L-38289

    Deals with matters such as determination of Vietnamese nationality, loss of nationality, restoration of nationality, nationality of children in the event of changes to parents' nationality, nationality of adopted children and power to decide questions of nationality. Repeals Decree No. 53/SL of 20 October 1945; Decree No. 73/SL of 7 December 1945; Article 6 of Decree No. 251/SL of 20 August 1948; Decree No. 51/SL of 14 December 1959 and Resolution No. 1043 NQ/TVQH of 8 February 1971 of the Standing Committee of the National Assembly.


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