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THE NATIONAL ASSEMLY OF THE SOCIALIST REPUBLIC OF VIENTAM
Law Ref. No.: 72/2006/QH 11 Independence -— Freedom – Happiness

______________________
THE XI NATIONAL ASSEMBLY OF
THE SOCIALIST REPUBLIC OF VIETNAM
Section X
(From date 17 October to date 29 November 2006)
LAW
ON VIETNAMESE WORKERS WORKING OVERSEAS UNDER CONTRACT
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was
amended, supplemented as per the Resolution No. 51/2001/QH 10 of 25 December
2001 of the Tenth National Assembly, the Tenth Section;
This Law prescribes the Vietnamese workers working overseas on contract.
Chapter I
GENERAL PROVISIONS
Article 1: Scope of Regulation

This Law prescribes the activities of placement of contract workers for overseas
employment; the rights and obligations of the contract workers working overseas;
the rights and obligations of the enterprises, state non-administrative agencies
placing the contract workers for overseas employment; and those of the
organizations and individuals concerned.
Article 2: Subjects of application

The provisions of this Law shall apply to the following organizations, individuals:
1. Enterprises, state non-administrative agencies which deploy the contract workers
for overseas employment;
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2. Workers who work overseas in the forms provided for under Article 6 of this
Law;
3. Guarantees for the contract workers working overseas;
4. Organizations and individuals who are related to the placement of the contract
workers to overseas employment.
Article 3: Definitions
For the purpose of this Law, the following terms and expressions shall have the
meanings herein assigned to them:
1. Contract worker working overseas (hereinafter referred to as overseas
working worker) shall refer to any person who is Vietnamese citizen, residing in
Vietnam, qualified by the laws of Vietnam and of the receiving country, goes to
work abroad as per the provisions of this Law.
2. Labour supply contract shall refer to a written agreement between the
Vietnamese enterprise, state non-administrative agency and the foreign partner
defining their conditions and obligations in supply and receipt of the overseas
working workers.
3. Contract for placement of workers to overseas employment shall refer to an
individual written agreement between the enterprise, state non-administrative
agency and the worker defining their rights and obligations in placement of the
worker to overseas employment.
4. Individual contract shall refer to a written agreement made directly between
the worker and the foreign partner on the former’s overseas employment.
5. Employment contract shall refer to an individual written agreement between
the worker and the foreign employer defining their rights and obligations in
industrial relations.
6. Guaranty for overseas working worker shall refer to the act of undertaking by
the third party (hereinafter referred to as the guarantor) to the enterprise, state non-
administrative agency to perform, on behalf of the worker, his/her duties described
in the contract for the placement of the workers to overseas employment in the
event that the worker does not or fails to completely fulfill those duties.
Article 4: Contents of the activities of placement of workers for overseas

employment
The activities of placement of workers for overseas employment are comprised

of the following:
1. Sign contracts relating to the overseas employment of workers;

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2. Recruit workers;
3. Provide vocational training, foreign language, and necessary knowledge for
workers prior to their departure for overseas employment;
4. Perform the Contract for placement of workers to overseas employment;
5. Supervise and protect the legal rights and interests of overseas working
workers;
6. Effectuate the remuneration regulations and policies for overseas working
workers;
7. Finalise contracts between the enterprises, state non-administrative
organizations and the overseas working workers;
8. Other activities of organizations, individuals relating to overseas working
workers.
Article 5: The State policy on the overseas working workers
1. Facilitate for Vietnamese citizens to be qualified for overseas employment.

2. Afford full protection of the legal rights and interests of overseas working
workers and of the enterprises, state non - administrative organizations deploying
the workers to overseas employment.
3. Support for investment in the opening of new labour markets, the
exploitation of high - income markets, and of the markets with a high demand for
workers; support for training managerial officers, provide workers with vocational
training and foreign language.
4. Apply a policy of preferential credit to the overseas working workers who
are social policy beneficiaries
5. To encourage the placement of many skillful workers to overseas
employment, the sending of workers to work in the high-income market, and in the
constructions, projects, and businesses that the enterprises, organizations,
individuals win contract, contract in, and establish abroad.
Article 6: Forms of overseas employment
Workers working overseas in one of the following forms:

1. Contract for the placement of workers to overseas employment made with
the enterprises engaged in the service of sending workers to work overseas, and
with the non-administrative agencies licensed to engage in the service of sending
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workers to work overseas.
2. Contract for the placement of workers to overseas employment made with
the enterprises wining contract, contracting or organizations, individuals making
overseas investment that is comprised of the placement of workers working abroad.
3. Contract for the placement of workers to overseas employment in the form of
training for professional improvement with the enterprises sending workers to work
overseas in the form of training.
4. Individual contract.
Article 7: Prohibited acts

1. To issue license for the service of placing workers to overseas employment
(hereinafter referred to as the License) to the enterprises that does not meet
the requirements as prescribed in this Law.
2. To use the license of other enterprise or allow other party to use the license
to place workers to work overseas.
3. To assign the task of running the placement of workers to overseas
employment to the manager of the enterprise whose license has been
revoked or is currently being penalized from the warning level upwards for
violating regulations on the placement of workers to overseas employment.
4. To work or place workers to work overseas in the areas, trades, and job that
are forbidden in the regulations of the Government or are not allowed by
the receiving countries.
5. To send Vietnamese citizens overseas under the pretense of the placement
of workers to overseas employment.
6. To take advantage of the placement of workers to overseas employment to
illegally recruit, train, and taking money from workers.
7. To sending workers to work overseas without registering the contract with
the responsible agencies in accordance with this Law.
8. To fail to go to workplace after entering the receiving country or flee from
the workplace as prescribed in the labor contract.
9. To stay illegally at the receiving country after the termination of contract.
10. To lure, seduce, deceive Vietnamese workers to stay overseas illegally.
11. To make trouble, block or extort workers or the enterprises, non –
administrative organizations, individuals investing overseas in the
placement of workers to overseas employment.
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Chapter II
ENTERPRISES, NON-ADMINISTRATIVE ORGANIZATIONS SENDING

WORKERS TO WORK OVERSEAS
Section 1
ENTERPRISES ENGAGED IN SERVICES OF SENDING WORKERS TO

WORK
OVERSEAS
Article 8: Enterprises engaged in services of placement of workers to overseas

employment
1. The activity of placement of workers to overseas employment is a conditional

business trade.
2. The enterprise that provides services of placement of workers to overseas

employment (hereinafter referred to as the service enterprise) must have legal
capital in accordance with the Government’s regulations and are granted
License by the state competent agencies to provide this service.
3. The enterprise granted such License must directly conduct the activity of
4. The Government concretely specifies types of enterprise entitled to provide
services of placement of workers to overseas employment in conformity with
the social - economic—development in each stage and the country’s roadmap
of internationally economic integration.
Article 9: Conditions for licensing
The enterprises that have the legal capital as prescribed in Point 2, Article 8
of this Law and meet the following conditions will be granted License:
1. Enterprises must have a project of placement of workers to overseas
employment;
2. Enterprises must have machinery responsible for providing orientation
education for workers prior to their overseas employment and for conducting
the placement of workers to overseas employment according to the regulations
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of the Ministry of Labour, Invalids and Social Affairs. The enterprises which
engage in the placement of workers to overseas employment for the first time
must have a project of organizing apparatus in charge of providing orientation
education for workers and conducting the placement of workers to overseas
employment.
3. Enterprises’ executive directors responsible for the placement of workers to
overseas employment must have received an university education or higher,
with at least 3 years of experience in the field of the placement of workers to
overseas employment or in the area of international cooperation and relations;
4. Enterprises must have deposits at banks according to the Government

regulations.
Article 10: Dossiers, procedures and fees of License issuance
1. Dossier of license application consists of:
a. License application;
b. Copy of Business Registration Certificate;
c. Documents certifying the fulfillment of requirements prescribed in Clause 2 of

Article 8 and Article 9 of this Law.
2. Within thirty working days from the date of receiving the valid dossiers
prescribed in Clause 1 of this Article, the Minister for Labor, Invalids and
Social Affairs considers and issues License to enterprise after consultation
with one of the following competent persons:
a) The head of agency who makes a decision of establishment, or requests
the Prime Minister to decide to establish as for the State enterprises;
b) The person who makes a decision of establishment as for the enterprise
of the political, socio - political, social, socio-professional
organizations;
c) The Chairman of People’s Committee of the province, central city
where the enterprise is headquartered is as for the enterprises not
mentioned at Point a and b of this Clause.
3. In cases of licensing denial, the Minister for Labor, Invalids and Social Affairs
must reply in writing with clear reason.
4. Enterprises must pay the licensing fees, which are stipulated by the
Government.
Article 11: License renewal

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1. The enterprise is allowed to replace its License when its business registration
Certificate is reissued due to alteration in registered trading contents with the
condition that all requirements prescribed in Clause 2 of Article 8 and Article
9 of this Law are met.
2. The dossier for license renewal consists of:
a) Letter of request for License replacement from the enterprise;
b) The previous license issued to the enterprise;
c) Copy of the reissued business registration Certificate;
d) Documents certifying the fulfillment of requirements prescribed in
Clause 2 of Article 8 and 9 of this Law.
3. License renewal procedures:
a. Within 30 days from the date of re-issuance of the business registration
Certificate, the enterprise sends the application dossier for license replacement to
the Ministry of Labor, Invalids and Social Affairs. Within 30 days as specified at
this point, the enterprise that does not send the application, its license is implicitly
expired.
b. Within 15 working days from the date of receiving the complete and valid
dossiers prescribed in Clause 2 of this Article, the Minister for Labor, Invalids and
Social Affairs considers and replaces the License for the enterprise; in case of
refusal, a reply must be given, clearly stated, and in writing to the enterprise.
4. Within the period from the date of re-issuance of business registration
Certificate to the obtainment of the renewed License or the receipt of refusal
notice the enterprise is allowed to continue provide service of placement of
workers to oversea employment.
5. In case that the license is not renewed, the enterprise must end signing all
new labor supplying and recruiting contracts from the dated of receiving the
refusal notice.
The enterprise must terminate all activities stated in Clause 1, 2, 3 and 4 of
Article 4 of this Law 90 days from the date of receiving the refusal of License
replacement.
6. The enterprises whose license is renewed as prescribed in Clause 1 of this
Article must pay a fee equal to 50% of the license issuing fee as stated in
Clause 4 Article 10 of this Law.
Article 12: License re-issuance
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1. The service enterprise is reissued license in cases of lost, torn or burnt
license.
2. License re-issuance application includes:
a) Letter of request for License re-issuance.

b) Torn License or statement of the local police where the enterprise is
headquartered in the cases of lost or burn License.
3. The Minister for Labor, Invalids and Social Affairs reissues the License for
the enterprise within 15 working days from the date of receiving the
enterprise’s valid documents as prescribed in Clause 2 of this Article.
4. The enterprise whose license is reissued as prescribed in Clause 1 of this

Article must pay a fee equal to 50% of the license issuing fee as stated in
Clause 4 Article 10 of this Law.
Article 13: License announcement

1. Within 10 days, from date of the issuance or replacement, the enterprise must
send an announcement along with a copy of the License to the provincial
People’s Committee where its headquarter is, and publicly post the copy of the
License at the its headquarter.
2. Within 30 days, from the date of issuance or replacement, the enterprise must
place an advertisement of the License on a central writing newspaper, or an e-
newspaper in 3 consecutive issues.
Article 14: Time-limit suspension of placement of workers to overseas

employment
1. Enterprise is suspended from placing workers to overseas employment in the

following cases:
a. The enterprise is suspended from 3 to 6 months if it fails to supervise and
use collateral securities prescribed in Article 22 and 23 of this Law;
b. The enterprise is suspended 6 months if it is administratively sanctioned
two times or more within 12 months due to violations of provisions of this
Law;
c. The enterprise is suspended from 6 to 12 months if it violates provisions in
Clause 2, 3, 4, 5, 6, and 7 in Article 7 of this Law except the case that its
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License is withdrawn according to the provisions at point d of Clause 2 in
Article 15 of this Law.
2. Within the sanction period, the enterprise is not allowed to sign, register new
labor supplying contract and recruit workers.
Article 15: Handing in and withdrawing the License

1. The service enterprise has to hand in its License to the Ministry of Labor,
Invalids and Social Affairs in the following:
a) The enterprise ends its activity.
b) The enterprise discontinues its services of placement of workers to
overseas employment.
2. The Enterprise’s License is withdrawn in the following cases:
a) Not replacing a new, valid License or not allow to replace License;
b) Failing to meet the conditions specified in Clause 2, 3 of Article 8 and
Clause 3, 4 of Article 9 of this Law or failing to implement the project
of organizing apparatus as Clause 2 of Article 9 of this Law;
c) Failing to send workers to work overseas within 12 months from the
License issuance date;
d) Violating the provisions of one of the Clauses 2, 3, 4, 5, 6 and 7 of
Article 7 of this Law; failing to fulfill the obligations as prescribed in
Clause 2 of Article 27 of this Law, causing disastrous material and
spiritual damages to workers.
3. The Minister for Labor, Invalids and Social Affairs determines the
withdrawal of the License and publicly announce the License withdrawal and
handing-in on one of the central newspapers or e-newsletters in three
consecutive issues; give notice of the License withdrawal and handing- in to
the People Committee of province and city where the enterprise’s headquarter
is.
4. The service enterprise whose License are revoked according to provisions in
Point a, b and c of Clause 2 of this Article is qualified for License application
after 2 years from the date that the revoke decision takes effect provided that
all requirements in Clause 2 of Article 8 and in Article 9 of this Law are met.
5. The service enterprise whose License is revoked according to provisions in
Point d of Clause 2 of this Article is qualified for License application after 5
years from the date the revoke decision takes effect provided all
requirements in Clause 2 of Article 8 and in Article 9, and 10 of this Law are
met and all debts and other asset duties are paid.
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Article 16: Braches of the enterprise providing services of placement of
workers to overseas employment
1. The service enterprise meeting the conditions prescribed in Clause 2 of this

Article may entrust the realization of some contents of the activity of
placement of workers to overseas employment to no more than 3 branches in 3
provinces and central cities.
2. Prerequisites for an enterprise’s branch to be qualified for conducting the

placement of workers to overseas employment:
a) Be in possession of the decision of the service enterprise assigning the mission

to the branch;
b) Post up publicly address, phone number, fax, and e-mail at place of the
branch;
c) Clearly assigned role of personnel and officials responsible for the service of
the placement of workers to overseas employment.
3. The enterprise’s branch stated in Clause 1 of this Article is not allowed to

implement the following activities:
a) Sign labor supply contract and contract to place workers to overseas

employment;
b) Collect service fee, commission fee and deposit of workers, excepting
authorization by the enterprise.
4. Within 15 working days from the date of designating task to the branch, the
enterprise must notify the Ministry of Labor, Invalids and Social Affairs, and
the Provincial Department of Labor, Invalids and Social Affairs where the
branch is located.
5. Enterprise branch must provide periodical and unscheduled reports and is

subject to inspections from the Departments of Labor, Invalids and Social
Affairs where the former is located.
6. Enterprise’s branch must publicize the decision made by the head office
assigning the service task and the notarized copy of the License at branch
office.
Article 17: Contract of labor supply, contract of placement of workers to

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overseas employment and Contract of employment
1. Labor supply Contract must be in line with the laws of Vietnam and of the
labor-receiving country and contain the followings:
a) Term of contract;
b) Number of workers to be employed; type of job, trade and industry;
c) Place of work;
d) Working conditions and environment;
e) Time of work and time of rest;
f) Labor safety and protection;
g) Salary, wage and other allowances and bonus (if any); overtime pay;
h) Food, accommodation and living conditions;
i) Medical check-up and treatment;
j) Social insurance;
k) Conditions of pre-term contract termination and responsibility for damage
indemnity;
l) Responsibility for transport costs from Vietnam to work place and returns;
m) Commission fee (if any);
n) Obligations of parties in case of worker’s death while working abroad;
o) Settlement of disputes;
p) Responsibility for assisting workers in remitting money to their home
country.
2. The Contract of sending workers to work abroad and the employment
Contract must contain unambiguous contents, and suited to the labor supply
Contract. Agreements on commission fee, service fee and deposit of workers
must be stated in the Contract of sending workers to work overseas.
3. The Ministry of Labor, Invalids and Social Affairs regulates the form and
content of the labor supply Contract, the contract of sending workers to work
aboard suitable to individual labor market.
Article 18: Registration of the labor supply Contract

1. The labor supply Contract must be registered with the Ministry of Labor,
Invalids and Social Affairs.
2. The labor supply Contract takes effect upon the approval of the Ministry of
Labor, Invalids and Social Affairs.
3. Within 10 days from the date of receiving valid dossier according to
provisions in Article 19 of this Law, the Ministry of Labor, Invalids and
Social Affairs has to reply in writing to the enterprise; in case that the
approval is not made, the reason must be clearly stated.
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Article 19: Registration dossier for the labor supply contract
The dossier for registration includes:
1. Registration document of the enterprise for the labor supply Contract;
2. A copy of the labor supply Contract and its Vietnamese version;
3. Documents demonstrating that the enterprise’s placement of workers to
overseas employment is in conformity with law of receiving country;
4. Plan of performing the labor supply Contract;
5. Other related documents in accordance with the regulations of the Ministry
of Labor, Invalids and Social Affairs as per individual market.
Article 20: Commission fee

1. The commission fee is the amount the enterprise must pay the broker in order
to conduct and perform the labor supply Contract.
Worker is responsible for refunding the enterprise all or part of the
commission fee according to
2. The enterprise negotiates and decides the commission fee within the ceiling
stipulated in Clause 3 of this Article.
3. The Ministry of Labor, Invalids and Social Affairs presides and cooperates
with the Ministry of Finance to regulate the ceiling of the commission fee, the
management and use of the commission fee.
Article 21: Service fee

1. Service fee is the amount the worker must pay the enterprise to perform the
Contract of placing workers to overseas employment.
2. The enterprise negotiates with worker to collect the service fee once prior to
his/her departure or several times during their overseas working.
3. In case the worker has already paid the service fee for his/her entire working
period as contracted, but must return home before the contract term without his/her
fault, the enterprise must pay back a part of the service fee corresponding to the
remaining period of the contract of placing workers to overseas employment.
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with the Ministry of Finance to regulate the ceiling of the service fee.
Article 22: Deposit of the service enterprise
1. Deposit of the service enterprise prescribed in Clause 4 of Article 9 of this

Law is used by State competent agency to handle problems incurred when the
enterprise does not undertake or do not fully undertake their obligations in sending
workers to work overseas.
2. In the event as regulated in Point b of Clause 3 Article 26 of this Law, the
enterprise’s deposit will be used by the State competent agencies to fulfill incurred
obligations to workers at the time of transfer. If the fund is still redundant after the
fulfillment, the enterprise may use to cover other debts according to regulations of
the Bankruptcy Law.
with the State Bank of Vietnam to specifically regulate the management and
utilization of enterprises’ deposit.
Article 23: Deposit of worker

1. The worker negotiates with the service enterprise on paying collateral
security as prescribed at point 2 and point 4 of this Article to ensure the
performance of the contract of placing workers to overseas employment.
2. The worker directly or via the enterprise pays a deposit into the enterprise’s
separate account in a commercial bank.
3. The deposit including initial capital and interest is reimbursed to the worker
when the contract of placing workers to overseas employment has been liquidated.
In the event the worker violates the contract of placing worker to overseas
employment, his/her deposit is used to cover the incurred damage/loss of the
enterprise due to the worker. If the deposit is not enough for compensation, the
worker is accountable for an additional amount; once the account is redundant after
the settlement the remaining deposit is returned to the worker.
4. The Ministry of Labor, Invalids and Social Affairs specifically defines the
markets for which the service enterprise is entitled to negotiate with the workers on
deposit; regulates ceiling of the worker’s deposit amount suitable to individual
markets that the enterprise is entitled to negotiate with the workers on deposit;
presides and cooperates with the State Bank of Vietnam to specifically regulate the
management and utilization of the worker’s deposit.
Article 24: Obligations of the service enterprise whose License is handed in or

revoked.
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1. The enterprise whose License is handed in or revoked as prescribed in
Clause 1 and 2 of Article 15 of this Law must continue to undertake its
obligations stated in the valid Labor Supply Contract and the Contract of
2. The management and utilization of the enterprise’s deposit in the event its
License is handed in or revoked will be in accordance with regulations in
3. The management and utilization of the worker’s deposit in the event the
enterprise’s License is handed in or revoked will be in accordance with
regulations in Article 23 of this Law
Article 25: Obligations of the enterprise in the event of liquidation
1. The enterprise can only liquidate once all of its obligations stated the valid
labor supply Contract and the Contract of placement of workers to overseas
employment have been fulfilled and other debts and assets’ duties have been legally
settled.
2. Within 10 days from the date that the liquidation decision takes effect, the
enterprise must inform the Ministry of Labor, Invalids and Social Affairs about the
status of the workers dispatched by the enterprise and plan of fulfillment of its
obligations in the valid labor supply Contract and the Contract of placement of
3. The enterprise can negotiate with other Licensed enterprises to transfer its
rights and obligations stipulated in the valid labor supply Contract and the Contract
for the placement of workers to overseas employment with the proviso that transfer
plan is accepted by the Ministry of Labor, Invalids and Social Affairs.
Once the transfer takes place, the deposits of the workers and other assets used
for the guarantee will be passed to the receiving enterprise. Upon the completion of
the transfer, the enterprise must inform the Ministry of Labor, Invalids and Social
Affairs and its foreign partners.
4. Once its obligations stated in the Contract of placement of workers to
overseas employment have been fulfilled, the enterprise is able to use its remaining
deposit to settle other debts.
Article 26: Obligations of enterprises in the event of bankruptcy
1. Within 10 days from the date the Court decides to proceed with bankruptcy
procedures, the enterprise must inform the Ministry of Labor, Invalids and Social
Affairs on the status of the former’s overseas workers and plan of fulfillment of its
obligations in the valid Labor Supply Contracts and the valid Contract of placement
of workers to overseas employment.
2. The enterprise will temporarily suspend the signing of contract, the
recruitment and sending of workers to work overseas once the Court starts
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bankruptcy procedures till the decision to suspend business restoration procedures
takes effect.
3. In the event the Court decides to start asset liquidation procedures, the
transfer of rights and obligations in fulfillment of the Labor Supply Contracts and
the Contract of placement of workers to overseas is done as follows:
a) The enterprise is allowed to negotiate with other Licensed enterprises to
transfer its rights and obligations stipulated in the valid labor supply Contract
and the Contract for the placement of workers to overseas employment with
the proviso that transfer plan is accepted by the Ministry of Labor, Invalids
and Social Affairs.
Once the transfer takes place, the deposits of the workers and other assets
used for the guarantee will be passed to the receiving enterprise. Upon the
completion of the transfer, the enterprise must inform the Ministry of Labor,
Invalids and Social Affairs and its foreign partners.
b) In the case that the enterprise fails to negotiate with other enterprise on the
transfer, it shall hand over the Ministry of Labor, Invalids and Social Affairs
files of the workers working overseas, the workers’ deposits, assets for the
guarantee and service fees for settlement in accordance with the provisions
of this Law.
Article 27: Right and obligations of the service enterprise
1. The service enterprise has the following rights:
a) To conduct the service of sending workers to overseas employment; to
recruit workers at localities;
b) To sign the labor supply contract with foreign partners, the contract for the
placement of workers to overseas employment with workers, the guarantee
contract with sponsors prior to the departure of the workers.
c) To negotiate with the worker on deposits and introduction of sponsor.
d) To request the worker or his/her sponsor to compensate damages caused by
the worker in line with the laws;
e) To unilaterally liquidate the contract for the placement of worker to overseas
employment after the enterprise has informed via registered letter three times
within 180 days from the date of termination of the employment contract but
the worker or his/her authorized person fails to present for contract
liquidation;
f) To appeal and sue for decisions or law-violated acts in the area of placing
2. The service enterprise has the following obligations:
a) All the obligations stipulated at the Articles 13, 16, 18, 23, 24, 25 and 26 of
this Law;
b) To directly recruit workers without collecting recruitment fees. Once
recruiting workers at locality, the enterprise has to inform the Department of
Labor, Invalids and Social Affairs; It has to report on 6 month and one year
basis the Department on recruitment result and the number of workers at the
locality being placed to overseas employment;
c) To coordinate with local authorities to make public notice on and to provide
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in full information for workers on the number of workers to be recruited,
criteria of recruitment and conditions of the Contract for placing workers to
overseas employment;
d) To furnish necessary knowledge, arrange or coordinate with training units in
provision of vocational training, professional skill and foreign language in
accordance with requirements of each overseas labor market for workers
prior to their departure;
e) To manage the workers being dispatched by the enterprise and safeguard
their legitimate rights and interests during their overseas working.
f) To resolve in conjunction with foreign partner disputes related to the worker
and incurred issues as the worker dies, gets accident, occupational disease
and his/her life, health, dignity and assets are injured;
g) To report and coordinate with diplomatic and consular representative
agencies of Vietnam in the receiving country in management and protection
of legitimate rights and interests of the worker during their working on
abroad.
h) To compensate the worker and his/her sponsor for losses caused by the
enterprise in accordance with the laws;
i) To liquidate the Contract for placing workers to overseas employment with
the worker in line with the laws;
j) To make contribution to the Fund of overseas employment conformable to
this Law;
k) To report annually and unexpectedly the Ministry of Labor, Invalids and
Social Affairs on situation of placement of workers to overseas employment.
Section 2
THE ENTERPRISES BID, CONTRACT TO SEND VIETNAMESE

WORKERS TO WORK ABROAD
Article 28: Conditions of sending workers to work at the overseas construction

and project contracted by the enterprises.
The enterprises are allowed to place workers to work at the overseas construction
and project contracted by them if they meet the following conditions:
1. Approval by the Ministry of Labor, Invalids and Social Affairs;
2. The workers sent to work overseas must have a labor contract with the
enterprise in accordance with provisions of the labor law;
3. The enterprise only sends the workers to work at the construction and project
that it contracts or bids abroad;
4. The enterprise must have an utilization and supervision scheme of the
workers working overseas; and have a financial plan to return the workers home in
an unforeseen situation.
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5. The enterprise must safeguard the rights and obligations of the workers
working overseas in conformity with the Vietnamese as well as the labor receiving
country’s laws and regulations.
Article 29: Report on placement of workers to overseas employment

1. The enterprise must send a Report on placement of workers to overseas
employment to the Ministry of Labor, Invalids and Social Affairs which is attached
by a copy of won contract of overseas work, project, list of the workers signing the
Contract for placing workers to overseas employment no later than 20 days before
the departure date of the workers.
2. The contents of the report include:
a. Plan of utilization and management of overseas workers including number of
workers, occupations, working durations, working time, rest time, wages, living
conditions, health insurance, social insurance, and other related issues;
b. Financial arrangements in case that the workers are sent home as of
unforeseen reasons.
3. Within 10 days from the report receipt date, the Ministry of Labor, Invalids
and Social Affairs review and answer the enterprise in writing; in cases of rejection
the cause must be clearly stated.
Article 30: Rights and obligations of the enterprise

The enterprise winning contracts has the following rights and obligations:
1. Organize the cultivation of necessary knowledge for the workers prior to
their departure;
2. Directly arrange the transportation and supervision of the workers working
overseas;
3. Sign and finalize the Contract of placing workers to overseas employment
with the workers. The contents of the Contract of placing workers to
overseas employment must be in line with provisions of Point 3, Article 17
of this Law;
4. Guarantee that wage of the worker is not below the minimum wages
stipulated by the laws of Vietnam and of the receiving country;
5. Ensure working and living conditions, social insurance for the workers as
stipulated by the laws of Vietnam and of the receiving country;
6. Make sure the workers have access to periodical health check-ups,
consultation and hospitalization in the case of sickness, accidents. In the
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event the worker is incapable of performing his/her work abroad, the
enterprise must arrange and bear all expenses for the return of the worker;
7. Arrange the return of the remains or dead body of the worker died during
abroad working, and bear all other related expenses; execute remuneration
and subsidiary mechanisms according to the Vietnamese law and regulations;
8. Report to and cooperate with the Vietnamese diplomatic and consulate
missions in supervision and protection of the legal rights and interests of the
workers throughout their overseas working;
9. Make periodical, and ad-hoc reports or reports upon completion of contract
to the Ministry of Labor, Invalids and Social Affairs about the placement of
Section 3
VIETNAMESE WORKERS SENT TO WORK ABROAD
BY OVERSEAS INVESTMENT ORGANIZATIONS AND INDIVIDUALS
Article 31: Conditions of sending workers to work at production and business

establishments established or invested by organizations, individuals
The organizations, individuals having overseas investment project are allowed
to place the workers to overseas employment should they meet the following
conditions:
1. Be approved by the Ministry of Labor, Invalids and Social Affairs;
2. Be allowed to send the workers to work only at overseas production, business
facilities established or invested overseas by the organizations, individuals;
3. Have an utilization and supervision scheme of the workers working overseas;
and have a financial plan to return the workers home in case of force majeure;
4. Guarantee that the rights and interests of the workers working at overseas
invested production, business facilities must be in line with the laws and
regulations of the receiving country and of Vietnam.
Article 32: Report on placement of workers to overseas employment
1. The enterprise must send a Report on placement of workers to overseas
employment to the Ministry of Labor, Invalids and Social Affairs which is attached
by a copy of investment certificate, summary of overseas investment project, list of
the workers signing the Contract for placing workers to overseas employment no
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later than 20 days before the departure date of the workers.
2. The contents of the report include:
a. Plan of utilization and management of overseas workers including number of
workers, occupations, working durations, working time, rest time, wages, living
conditions, health insurance, social insurance, and other related issues;
b. Financial arrangements in case that the workers are sent home as of
unforeseen reasons.
3. Within 10 days from the report receipt date, the Ministry of Labor, Invalids
and Social Affairs review and answer the enterprise in writing; in cases of rejection
the cause must be clearly stated.
Article 33: Rights and obligations of the overseas investments organizations

and individuals that place the workers to overseas employment.
The overseas investment organizations and individuals have the following rights
and obligations:
1. Organize the cultivation of necessary knowledge for the workers prior
to their departure;
2. Directly arrange the transportation and supervision of the workers
working overseas;
3. Sign and finalize the Contract of placing workers to overseas
employment with the workers. The contents of the Contract of placing
workers to overseas employment must be in line with provisions of
Point 3, Article 17 of this Law;
4. Ensure the legitimate rights and interests of the workers, settle
problems incurred in accordance with the Contract of placing workers
to overseas employment.
5. Ensure working and living conditions, social insurance for the workers
as stipulated by the laws of Vietnam and of the receiving country;
6. Make sure the workers have access to periodical health check-ups,
consultation and hospitalization in the case of sickness, accidents. In
the event the worker is incapable of performing his/her work abroad,
the enterprise must arrange and bear all expenses for the return of the
worker;
7. Arrange the return of the remains or dead body of the worker died
during abroad working, and bear all other related expenses; execute
remuneration and subsidiary mechanisms according to the Vietnamese
law and regulations;
8. Report to and cooperate with the Vietnamese diplomatic and consulate
missions in supervision and protection of the legal rights and interests
of the workers throughout their overseas working;
9. Make periodical and ad-hoc reports to the Ministry of Labor, Invalids
and Social Affairs about the placement of workers to overseas
employment.
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Section 4
ENTERPRISES PLACE WORKERS TO OVERSEAS EMPLOYMENT IN

FORM OF SKILL TRAINING
Article 34: Conditions of placing workers to overseas employment in the form

of skill training
The enterprise may place worker to overseas employment in the form of skill
training if it meets the following conditions:
1. Be in possession of the contract with the foreign internship establishment for
sending workers to work overseas in the form of skill training (hereinafter
referred to as receipt trainee Contract) as stipulated in clause 1 and 2 of
Article 35 of this Laws; and the Contract has been registered with the
competent authority;
2. Be in possession of the Contract of placing workers to overseas employment
in the form of skill development (hereinafter referred to as Contract of
placing worker for overseas training) as regulated in clause 3 of Article 35 of
this Law; the workers sent by the enterprise for skill training must conclude
employment Contract with the latter in accordance with regulations of labor
laws;
3. The trade, work carried out by the worker sent overseas for skill training
must be suitable to the enterprise’s field of business;
4. Collateral securities for the carrying out of the receipt trainee Contract are
committed as regulated by the Government.
Article 35: Receipt trainee Contract, Contract of placing workers to skill

training and skill training Contract
1. A receipt trainee Contract is a written agreement between the enterprise and the
foreign internship establishment about the rights and obligations of all parties in
providing and receiving the workers who go for work in the form of skill training.
2. The receipt trainee Contract must be in conformity with the Vietnamese laws,
the receiving country’s laws and contain the following:
a) Training duration;
b) Number of trainees; trade, worker of training;
c) Training place;
d) Training condition and environment;
e) Time of training and time of rest;
f) Occupational safety and health;
g) Wage and income;
h) Food, accommodation and living conditions;
i) Health consultation and treatment;
j) Social insurance;
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k) Provisions for pre-term contract termination and obligations of damage
indemnity;
l) Transportation costs from Vietnam to internship establishments and
returns;
m)Obligations of all parties in the event the worker perishes during
his/her overseas working;
n) Settlement of disputes;
o) Responsibility for assisting the worker in remittance.
3. The Contract of placing workers to skill training is a written agreement

between the enterprise and the worker going to worker overseas in the form of skill
training about the rights and obligations of all parties.
4. A skill training Contract (hereinafter referred to as training Contract) is a
written agreement between the worker working overseas in the form of skill
training with the foreign internship establishment about the rights and obligations
of all parties during the former’s overseas working.
5. The contents of the Contract of placing workers to skill training and the
training Contract must be appropriate with the receipt trainee Contract.
Article 36: Receipt trainee Contracts registration
1. A receipt trainee Contract must be registered as followed:

a. The enterprise placing workers to overseas employment in the form of skill
training with the duration of less than 90 days registers at the provincial
Department of Labor, Invalids and Social Affairs where the enterprise is
headquartered;
b. The enterprise placing workers to overseas employment in the form of skill
training with the duration of more than 90 days registers at the Ministry of Labor,
2. After 10 days from the date of submission of the complete and valid dossier,
the competent State agency as stated in Clause 1 of this Article has to reply in
writing to the enterprise; in case of denial, a written document with the clearly
stated reason must be given.
Article 37: Receipt trainee Contract application dossier
Receipt trainee Contract application dossier consists of:

1. Receipt trainee Contract application form;
2. Copy of the receipt trainee Contract with Vietnamese translation;
3. Dossiers to certify the conformity of the workers’ overseas training with the
laws of the receiving country;
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4. Copy of business Registration and document certifying deposit of the
enterprise as stipulated in clause 4 of Article 34 of this Law.
Article 38: Rights and obligations of the enterprise placing workers to

overseas employment in the form of skill training
1. The enterprise has the following rights:

a) Sign the receipt trainee Contract with the receiving party; sign the contract of
placing worker to skill training with the worker prior to his/her departure;
b) Request the worker to indemnify for damages caused by him/her in
accordance with the laws;
c) File a complaint or take legal actions against organizations, individuals for
decision violating the laws or illegal activities in sending the workers to work
2. Enterprises have following obligations:
a) Publicly notify and provide the workers with sufficient information on
conditions of the worker going to work overseas in the form of skill training;
b) Organize the cultivation of necessary knowledge, arrange or coordinate with
training units in provision of foreign language in accordance with
requirements of each overseas labor market for the workers prior to their
departure;
c) Manage the workers being dispatched for overseas working in the form of
skill training by the enterprise and safeguard their legitimate rights and
interests.
d) Resolve in conjunction with foreign internship establishments disputes
related to the worker and incurred issues as the worker dies, gets accident,
occupational disease and his/her life, health, dignity and assets are injured;
e) Report and coordinate with diplomatic and consular representative agencies
of Vietnam in the receiving country in management and protection of
legitimate rights and interests of the worker working overseas in the form of
skill training;
f) Compensate the worker and his/her sponsor for losses caused by the
enterprise in accordance with the laws;
g) Liquidate the Contract of placing workers to skill training with the worker in
line with the laws;
h) Make necessary arrangements to ensure the interests of the workers are
protected in the event the enterprise closes or goes bankrupt according
related regulations;
i) Make periodical or ad-hoc reports to the competent state agencies according
to legal regulations.
Section 5
WORKERS PLACED TO OVERSEAS EMPLOYMENT BY STATE NON –

PRODUCTIVE ORGANIZATIONS
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Article 39: Conditions for state non - productive organizations to be qualified
to place workers to overseas employment
The organization may place worker to overseas employment if it meets the
following conditions:
1. Be a non - productive unit under Ministries, Ministerial bodies and agencies
under the Government;
2. Assigned the task of placing workers to overseas employment by the heads of
Ministries, Ministerial bodies, agencies under the Government;
3. The executive heads of the non - productive organizations must have
university education or higher, with at least three years of experience in the field of
placing workers to overseas employment or international cooperation and relations;
4. The placement of workers to overseas employment is a non-profit activity
exercised by the non -productive organization.
Article 40: Instances that the workers are placed to overseas employment by
the non - productive organizations:
The non - productive organizations are allowed to place workers to overseas
employment in the following cases:
1. Undertake international treaties that the Socialist Republic of Vietnam is a
signatory.
2. Undertake international agreements signed by Ministries, agencies at the
ministerial level, and bodies under the government;
3. Other cases decided by the Ministry of Labor, Invalids and Social Affairs.
Article 40: Rights and obligations of the non –productive organizations
placing workers to overseas employment
1. The non - productive organizations have the following rights:
a) Organize recruitment and training activities; send the workers to work
overseas.
b) Sign the labor supplying Contracts with foreign partners and the Contract of
placing workers to overseas employment with the workers in accordance with
Article 17 of this Law;
c) Request the workers to introduce his/her sponsor/guarantee;
d) Collect a specific sum from the workers to pay for the process of sending
them to work overseas according to provisions of international treaties, agreements
stipulated at clause 1 and 2 of Article 40 of this Law or of the Minister of Labor,
e) Request the worker to indemnify for damages caused by him/her in
accordance with the laws;
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f) File a complaint or take legal actions against organizations, individuals for
decision violating the laws or illegal activities in sending the workers to work
g) Unilaterally finalize the Contract of placing workers to overseas employment
in the event the worker violate his/her contract and does not return home; the
worker or his/her legal sponsor does not come to finalize the former’s Contract of
placing workers to overseas employment within 180 days from the date the worker
terminates his/her labor Contract and the non - productive organization has thrice
notified by registered mails.
2. The non - productive organizations have the following obligations:
a) Make and submit plan of placing workers to overseas employment to the
competent agencies for approval;
b) Report to the Ministry of Labor, Invalids, and Social Affairs the contents of
the labor supply Contract (if available), the Contract of placing workers to overseas
employment and plan of completion prior to sending the workers to work overseas;
c) Make periodical, ad-hoc reports to the Ministry of Labor, Invalids and Social
Affairs and other related Ministries, Ministerial bodies, and agencies under the
Government which assign the task of placing workers to overseas employment to
the non-productive organization.
d) Organize the cultivation of necessary knowledge, arrange or coordinate with
training units in provision of vocational training, professional skills and foreign
language in accordance with requirements of international treaties, agreements as
stipulated at clause 1 and 2 of Article 40 of this Law;
e) Report and cooperate with the Vietnamese diplomatic mission, consulates in
the receiving country to supervise and safeguard the legitimate rights, interests of
the overseas workers; handle problems incurred to them during their overseas stay;
appoint representatives to cooperate with partners in managing the overseas
workers at the requirements of each labor market;
f) Finalize the Contract of placing workers to overseas employment with the

workers according to legal regulations.
Chapter III
OVERSEAS WORKING WORKERS
Section 1
WORKERS WORKING ABROAD UNDER THE CONTRACT WITH
ENTERPRISES, NON-PRODUCTIVE ORGANIZATIONS, AND
OVERSEAS INVESTED ORGANISATIONS AND INDIVIDUALS
Article 42. Conditions for workers to work abroad under the contract with
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enterprises, non-productive organizations, overseas-invested organizations
and individuals
Worker should have the following qualification for being qualified to work
overseas:
1. Having full capacities for civil behavior;

2. Signing up voluntarily;
3. Being law abiding citizen with good moralities;
4. In good health according to regulations of the Vietnamese laws and those of
the worker - receiving country;
5. Fulfill the requirements of foreign language, professional competence, skills,
technical expertise and other criteria requested by the worker-receiving country.
6. Being granted with certificate of necessary knowledge cultivation;
7. Not included in the list of the prohibited from overseas travel as regulated by
the Vietnamese regulations.
Article 43. Application dossier for overseas working
1. Worker who wish to work overseas have to submit his/her application

dossier to the enterprises, non-productive organizations, overseas-invested
organizations and individuals placing workers to overseas employment.
2. Worker’s dossiers to work overseas consist of:

a) Overseas working application;
b) Curriculum Vitae certified and commented about law abiding and morality by
the resident commune/ward People’s Committee or by the agency, unit which are
managing the worker;
c) Health certificate issued by the competent health agencies;
d) Certificates/diploma of foreign language, profession, skills and of necessary
knowledge cultivation;
e) Other documents required by the labour- receiving party.
Article 44. Rights of overseas working worker
Overseas working workers have the following rights:

25
1. Requesting enterprises, non-productive organizations, overseas-invested
organizations and individuals to provide information on Vietnamese policies and
laws on sending laborers to work overseas; information on related policies, laws,
customs and practices of the labour-receiving countries; rights and obligations of
all parties to work overseas prior to worker’s departure.
2. Being entitled to salary, wage, and other incomes, benefited from medical
check-up and treatment, social insurance and other interest prescribed in the signed
contracts or international treaties, agreements regulated in clause 1 and clause 2 of
3. Being protected the legal rights and interests in accordance with the laws and
regulations of Vietnam, of the receiving countries, and of international laws and
practices by enterprises, non-productive organizations, overseas-invested
organizations and individuals, diplomatic and consulars representative offices and
Vietnam consulate overseas; being advised and supported to exercise the rights and
interests stated in signed contract;
4. To remit personal income and belongings according to the Vietnamese laws
and those of labor-receiving countries;
5. Being entitled to interests from overseas job supporting fund according to
legal regulations;
6. To complain, report to the competent State agencies or take legal actions in a
court of law against violations in sending laborers to work overseas activities.
Article 45. Obligations of overseas working labourers
Working overseas labourers have these obligations:
1. To maintain and promote national traditions; respect customs, practices of

labor-receiving country; to show solidarity with the labourers of the local countries
and labourers from other countries;
2. Actively take part in vocational training, foreign language training, study
related legal regulations;
3. Take orientation education course prior to departure;
4. Abide by the the Vietnamese laws, and those of the labour-receiving
countries.
5. Work at the appropriate posts as stated in the Contracts; follow workplace
regulations, return home after contract’s completion according to regulations of the
labor-receiving countries.
6. Take responsibility for damages caused by the laborer’s violations of the
signed Contracts according to the Vietnamese laws and laws of labor-receiving
26
countries.
7. Take part in social insurance and other types of insurance according to the
Vietnamese laws and laws of labor-receiving countries.
8. Pay personal income tax according to the Vietnamese laws or laws of labor-
receiving countries.
9. Contribute to the Overseas Job Supporting Fund according to regulations in
this Law.
Article 46. Rights and obligations of overseas working labourers under
contracts with licensed enterprises sending laborers to work overseas
In addition to the rights and obligations prescribed in Article 44 and 45 of this
Law, laboureres working overseas under contracts with licensed enterprises also
have following rights and obligations:
I. To sign Overseas Working Contracts with the licensed enterprise that sent
him/her overseas;
2. To receive training on occupational and foreign languages skills to meet the
requirements of the Contracts;
3. To get loans from credit organizations to work overseas according to legal
regulations;
4. To be provided with compensation if the licensed enterprise violates the
overseas contract sending labourers overseas;
5. To be able to sign new labor contracts or extend the existing labor Contract in
accordance with the local authorities’ regulations;
6. To pay management fee and refund the replacement fee (if available) to
licensed enterprise;
7. To commit collateral securities or introduce the guarantor according to the
agreement with the licensed enterprises to ensure the implementation of the
overseas working Contract;
9. To finalize Contracts to send labourers to work overseas with the sending
enterprise within 180 days from the date of the laborers’ contract termination.
contracts with enterprise contractors, tenders or overseas investment
organizations, individuals employing Vietnamese labourers
Law, laboureres working overseas under contracts with enterprise contractors,
tenders or overseas investment organizations, individuals employing Vietnamese
labourers also have following rights and obligations:
27
I. To sign Overseas Working Contracts with enterprise contractors, tenders or
overseas investment organizations, individuals
2. To receive training on occupational and foreign languages skills to meet the
requirements of the Contracts;
3. To be provided with compensation if the enterprise contractors, tenders or
overseas investment organizations, individuals violates the contracts sending
labourers working overseas;
4. To finalize Contracts to send laborers to work overseas with enterprise
contractors, tenders or overseas investment organizations, individuals
contracts to develop skills
Law, laboureres working overseas under contracts to develop skills also have
following rights and obligations
1. To sign Contracts to develop skills with enterprise sending labourers to
develop skills overseas;
2. To be provided with compensation if the enterprise sending labourers to
develop skills overseas violates contracts to develop labourers skills overseas;
3. To finalize Contracts to send laborers to develop skills overseas with
enterprise sending labourers overseas under the contract to develop skills.
contracts with non-productive organisations sending labourers to work
overseas
Law, labourers working overseas under contracts with non-productive
organisations sending labourers to work overseas have following rights and
obligations:
1. To sign Contracts with non-productive organisations sending labourers to

work overseas;
2. To introduce the guarantor under the requirement of the non-productive
organisation;
3. To be provided with compensation if the non-productive organisation
sending labourers to work overseas violates contracts sending labourers to work
overseas;
4. To pay fee regulated in point d, 1st clause, article 41 of this Law;
5. To finalize Contracts sending labourers to work overseas with non-
productive organisations within 180 days since the termination date of the contract;
6. To exercise rights and obligations regulated in 2 nd and 3rd clause, article
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46 of this Law.
Section 2
VIETNAMESE LABOURERS WORKING OVERSEAS UNDER THE
PERSONAL CONTRACTS
Article 50. Prerequisites for laborers to work overseas under personal

contract:
The Labourer are permitted to work overseas under the personal contract when they
meet all requirements stated bellow:
1. Requirements stated in 1st, 2nd, 3rd, and 4th Clause, Article 42 of this Law.
2. To be in possession of personal Contract in accordance with regulations at
3. To have a personal Contract confirmation form provided by the provincial
Department of Labor, Invalids and Social Affairs.
Article 51. Personal Contract
1. Personal Contract must be in line with all the Vietnamese regulations, those of
the labor-receiving country;
2. Personal Contract must include the following basic fields
a) Job position;
b) Contract duration;
c) Place of work;
d) Working time, rest time;
dd) Basic salary, supplementary benefits and bonuses (if available); extra-hours
pay, holidays and sick days.
e) Health consultation and treatment schemes;
g) Social insurance;
h) Responsibilities of the employers in case the labourer die at the working time
i) Settlement of disputes.
Article 52. Personal Contract application dossiers and procedures
1. Personal Contract Application dossiers registered at the provincial
29
Department of Labor, Invalids and Social Affairs include those contents:
a) application form attached with the copy of contract original to work

overseas, including the Vietnamese version copy;
b)A copy of personal identification or passport;
c) Curriculum Vitae certified by the resident commune People’s Committee or

the
direct management unit;
2. Within 5 working days from the date to receive complete and valid dossier, the
provincial Department of Labor, Invalids and Social Affairs issues the registration
certificate of personal Contract to the laboreur; in cases of rejection the cause must
be clearly stated in writing.
The certificate of personal Contract must be presented when the laborer initiates
departure procedures.
Article 53. Rights and obligations of the labourer working overseas under
personal Contract
1. The labourer working overseas under personal Contract terms have the
following rights:
a) To request the provincial Department of Labor, Invalids and Social Affairs
provide information on the Vietnamese policies and laws on sending laborers to
work overseas;
b) The laborers’ rights and interests are protected by the Vietnamese diplomatic
mission, consulates in accordance with the the Vietnamese laws, labour-receiving
countries as well as International laws and customs for the duration of their
working contract; labourers are entitled to have advices and support to fulfill their
rights as stated in personal Contracts;
c) To receive support from overseas job supporting Fund according to legal
regulations;
d) To remit personal income and belongings according to the Vietnamese laws
and those of labour-receiving country;
d) To sign new Contracts or prolong the existing Contract according to the local
authorities’ regulations;
2. The labourer working overseas under personal Contract terms have the
following obligations:
a) To register their personal contract according to regulations in Clause I of
30
b) To study related regulations in the Vietnamese laws and the laws of the
labour-receiving country.
c) To obey the Law of Vietnam and those of the labour-receiving country.
d) To follow the terms of the personal Contract and workplace’s regulations;
e) To take part in social insurance scheme of Vietnam and other social
insurance sheme of labour-receiving country according to the legal regulations.
f) To pay income tax under the legal regulations of Vietnam and labour-
receiving country;
g) To Contribute to Overseas Job Supporting Fund under this Law;
h) To register at Vietnamese diplomatic missions, consulates in the country
of residence, even when signing new contracts or prolonging the existing contract.
Section 3
GUARANTEE FOR THE OVERSEAS WORKING LABOURERS
Article 54. Prerequisites for guarantor
I. To have full civil behavior capacity.

2. To have the financial capacity to meet the terms of the sponsorship Contract.
Article 55. Scope of Guarantee:
1. The guarantee is implemented in the following cases:

a) The laborer signing contract sending laborer to work overseas with the
license enterprise do not commit collateral securities or commit collateral securities
with an insufficient amount according to the Article 23 of this Law;
b) The laborer signing contract sending laborer to work overseas with the non-
productive organization are asked by the non-productive organization to take part
in guarantee procedure;
2. The guarantor discuss with licensed enterprises or non-productive
organizations about their guarantee responsibility for some or all obligations of the
overseas working laborers in contract with licensed enterprises or non-productive
organizations.
3. If the overseas working laborer violate the contract sending laborer to work
31
overseas and cause damage to licensed enterprises or non-productive organizations
but they do not implement or do implement partly their compensation obligations,
the guarantor have to provide their own property to compensate the damage caused
by laborer to licensed enterprises or non-productive organizations. After
compensation completion, the remaining property has to be returned to the
guarantor.
Article 56. Guarantee duration
The guarantee duration is determined through negotiations between the

guarantor and the licensed enterprises, non-productive organizations; if there is no
negotiation, the guarantor must fulfill the guarantee obligation within a reasonable
period specified by the licensed enterprise, non-productive organization dated from
the time the guarantor received a notice to fulfill obligations in lieu of the laborer
from the enterprise, organization.
Article 57. Guarantee Contract
1. The guarantee contract must be a written document.

2. The guarantee contract must include the following fields:
a) scope of guarantee;
b) rights and obligations of all parties in the contract;
c) guarantee duration;
d) Property settlement of guarantor.
3. The Ministry of Labor, Invalids and Social Affairs in coordination with the
Ministry of Justice issue regulations on detail content of the guarantee Contract
and the contract finalisation..
Article 58. Measures securing fulfillment of guarantee duties
1. The licensed enterprise, non-productive organisation can negotiate with the
guarantor on applying measures of mortgage or holding of assets, or collateral
securities to ensure the fulfillment of sponsorship duties.
2. The mortgage, holding of assets or collateral securities are made in different
writing document or can be included in the sponsorship Contract.
4. The formation and implementation of mortgage, holding of assets or
collateral securities to ensure fulfillment of guarantee duties are executed
according to the law and regulations.
Section 4
POLICIES FOR LABOURERS AFTER REPATRIATION
Article 59. Employment Support
32
1. The Provincial Department of Labor, Invalids, and Social Affairs has
responsibility to inform repatriated labourers on local job vacancy and introduce
and instruct them to find suitable job.
2. Enterprises are encouraged to recruit and employ repatriated labourers to work
at the enterprise or send them to work overseas.
Article 60. Employment creation promotion
1. The State facilitates and encourages the repatriated laborers to invest, trade,
create jobs for themselves and others.
2. Laborers with hardships are entitled to preferential loan rates according to
legal regulations to create jobs.
Chapter IV
VOCATIONAL TRAININGS, FOREIGN LANGUAGE TRAININGS AND

ORIENTATION EDUCATION
Article 61.Objective of Vocational Trainings, foreign language trainings and

orientation education:
To teach laborers vocational trainings, foreign language trainings, orientation
education with an aim of creating a workforce source of skilled level, foreign
language use, necessary laws comprehension in conformity with the demand of the
regional and international market to work abroad.
Article 62. Responsibility of labourers in attending vocational trainings,

foreign language trainings and orientation education.
a. The labourers who wishes to work overseas must attend vocational traning
course, foreign language course; study relevant laws and attend the course of
educational orientation organised by the licensed enterprises and non-productive
organisations prior to departure.
b. The Government establishes a supporting policy on labourers, who are
beneficiaries of the social policy for the latter’s vocational trainings, foreign
language trainings and orientation education.
Article 63. Vocational trainings, foreign language trainings and orientation
education for pre-departure overseas working labourers.
Licensed enterprises and non-productive organisations are allowed by themselves
or in cordination with vocational schools, other training schools, to start courses
for training and improving skills and foreign language for the overseas working
labourers.
33
Article 64. Policy on vocational schools.
The Government issues policies focusing on supporting vocational schools in order
to make a reasonable labour force for working overseas, setting up some
fundamental vocational schools with capability of equipments, courses,
schoolbooks and teachers of professional skills, of foreign language ability to meet
the demand of the labor market.
Article 65. Orientation Education
1. Licensed enterprises, non-productive organisations and other overseas
investment organisations, individuals are responsible to provide orientation
educations, to test and to issue pre-departure education certificate for labourers
before sending them to work abroad.
2. Content of the orientation educations are as follows:
a) Our national traditions and customs;

b) Essential legal regulations relating to labour bill, criminal and civil law,
administrative law of Vietnam and labour-receiving countries;
c) The content of contracts of sending overseas laborers;
d) The regulations of labour safety and industrial hygiene at workplace;
e) The traditions and customs of labour-receiving countries;
f) Behaviour practices at working place and in daily life;
g) The practical way in using public communications, shopping and using
provisional devices and equipment in daily life;
h) Some problems which labourers should be aware and avoid during the time
they work and stay abroad.
3. Minister on Labor, invalids and social affairs regulates detailed vocational
education programs and time schedules.
Chapter V
THE SUPPORTING FUND FOR OVERSEAS JOBS
Article 66. The Overseas job supporting fund

The Overseas job supporting fund is established to develop and widen the overseas
labour markets, to improve the quality of labor force and support labourers and
licensed enterprises in suffering risks from overseas working activities.
Article 67. Sources of the supporting Fund for overseas jobs

34
1. Contributions from enterprises.
2. Contributions from laborers
3. The State budget allocation.
4. Other legal contribution.
Article 68. Establishment, management and utilization of the overseas job

supporting fund
1. The overseas job supporting fund belongs to the Ministry of Labor, Invalids and
Social affairs, operates on non — profit basis, tax free granted, independently
accounted, enjoys as a legal entity status and is entitled to open bank account at the
State Treasury.
2. The Prime Minister decides the establishment, management and utilization of the
Fund; the contributions amount of the enterprises, the labourers and of the State
additional allocation and also the amount of subjects benefit.
Chapter VI
STATE MANAGEMENT
OF SENDING LABOURERS TO WORK OVERSEAS
Article 69. State management of sending laborers to work overseas

1. To setup and organise the implementation of strategies, plans and policies on
sending laborers to work overseas.
2. To build, promulgate and organise the implementation, dissemination and
education of law and regulations on sending laborers to work overseas.
3. To stipulate the course contents, teaching materials of orientation education for
the overseas working labourers prior to departure
4. To set up and to organise management machinery of sending laborers to work
overseas; to train and to improve professional skill for staffs who involve in the
sending laborers to work abroad; to study to implement the management of
overseas working labourers by code;
5. To cooperate with the foreign countries and international organisations in
sending laborers to work abroad; to negotiate, sign the international treaties,
agreements on sending laborers to work abroad;
6. To organise the promotion activities for expanding overseas labour markets; to
35
decide the area, sector and job types which are prohibited to send labourers to work
overseas; to provide information on overseas labour market for licensed enterprises,
non-productive activities and the labourers;
7. To issue, to exchange and to withdraw the licenses, suspending operations of
sending laborers to work abroad; to manage the registrations and to instruct the
implementation of different contracts in accordance with this Law.
8. To examine, to inspect and to settle the law violations of sending laborers to
work abroad; to address the disputes, appeals, accusations of sending laborers to
work abroad.
Article 70. Responsibilities of the state management to the labourers working
overseas
1. The Government unanimously manages the field of sending laborers to work
overseas.
2. The Ministry of Labor, Invalids and Social affairs performs the Government
management of sending laborers to work overseas and is totally responsible for the
Government of the performance.
3. In their functions and authority, the ministries and ministerial-level agencies,
governmental agencies take responsibilities to coordinate with the Ministry of
Labor, Invalids and Social affairs in performing the Government management of
sending laborers to work overseas in their designated assignments.
4. The People’s Committees at provincial, district and commune levels take
responsibilities for performing the Government management of sending laborers to
work overseas.
5. The Government does designate assignments of the ministries, branches,
provincial People’s Committees in sending laborers to work overseas.
Article 71. Responsibilities of the Vietnamese diplomatic missions, and
consulates in foreign countries
1. To protect the legitimate rights and interests of the migrant workers; to treat the
violation behaviours of the Vietnamese migrant workers in compliance with the
provisions of this Law.
2. To conduct researches and fact-findings of the local labour markets, policies,
modalities of receiving migrant workers.
3. To give information and instructions to the licensed enterprises in marketing,
signing labor cooperation contracts in accordance with the Vietnamese and the
concerned country’s relevant laws.
4. To assist the Vietnamese specialization agencies in assessing conditions and
feasibilities of the contracts of receiving migrant workers and of the foreign
partner’s legal status.
36
5. To instruct and to supervise the activities of the Vietnamese enterprises
representatives in the foreign countries in terms of their responsibilities and solving
the potential problems against laborers.
6. To report and petition to the competence bodies of Vietnam to settle the cases
seriously violating the legal regulations of Vietnam.
7. To coordinate with other bodies, licensed enterprises, non-productive
organizations, overseas investment organization and individuals of Vietnam as well
as the local authorities and organization to repatriate the violated labourers.
Article 72. Inspection of the sending labourers to work overseas

1. The inspection division of the Ministry of Labor, Invalids and Social Affairs
performs the inspection function of sending laborers to work overseas
2. The structure, duty and rights of the inspection on sending labourer to work
overseas must comply with the legal regulations on inspection.
Chapter VII
SETTLEMENT OF DISPUTES AND VIOLATIONS

Article 73. Settlement of disputes
1. Disputes between workers and the licensed enterprises and organisations sending
laborers to work overseas are settled on the basis of overseas working contracts
signed by all parties and the Vietnamese laws.
2. Disputes between migrant workers and their foreign employers are settled on the
basis of the labor contracts signed by two sides and law and regulations of the labor
receiving countries, or international treaties, in which the Social Republic of
Vietnam has become a member or international memorandum signed between a
misnistry of Vietnam with foreign partner.
3. Disputes between licensed enterprises, non-productive organizations sending
labourers to work overseas and the overseas employers or overseas intermediary
partners are settled on the basis of the labor contracts signed by two sides and law
and regulations of Vietnam, law and regulations of the labor receiving countries, or
international treaties, in which the Social Republic of Vietnam has become a
member or international memorandum signed between a misnistry of Vietnam with
foreign partner.
Article 74. Settlement of violations
Depending on seriousness of limit and nature of the violations accorded in this
Law, the individual or organisations infringed shall be taken discipline or/and
administratively sanctioned or/and imputed the criminal responsibilities. The
individual or organisations must compensate for damage they have caused in
accordance with laws and regulations.
37
Article 75. Penalty for administrative violations
1. Depending on seriousness of limit and nature of administrative violations
accorded in this Law, the enterprises, non — productive organisations that send
laborers to work overseas; the relevant organisations and individuals in operations
of sending laborers to work overseas and the migrant workers infringe shall be
administratively fined.
2. The enterprises and non - productive organisations that send laborers to work
overseas; the relevant organisations and individuals in operations of sending
laborers to work overseas have any administrative violation, must be fined for one
of the following punishments:
a) Being warned;
b) Being pecuniary fine.
3. Apart from the principal fines, the subjects prescribed in Clause 2 of this Article
can be imposed one of the following additional fines:
a. To strip the use of the license(s);
b. To confiscate the exhibits and means of doing administrative violations.
4. Apart from the principal and additional fines, the subjects prescribed in Clause 2
of this Article, can be imposed to carry out one or some following tasks to
overcome consequences:
a) A fixed —term suspension for the operations of sending laborers to work
overseas in accordance with Article 14 of this Law;
b) To temporarily suspend or permanently suspend the implementation of
manpower supplying contract with the foreign partners;
c) To repatriate the migrant workers at the request of the labor receiving countries
or of the Vietnamese competent agencies;
d) To compensate for the damages and to bear the arisen costs due to administrative
violations;
e) To do other measures that stipulated by the Government.
5. The migrant workers who infringe administrative violations shall be fined
administratively in one of the following forms:
a) Being warned;
b) Being pecuniary fined;
6. In addition to administrative penalty regulated in 5 th Clause of this Article,
depending on seriousness of limit and nature of administrative violations accorded
in this Law, the labourers can be subject to the additional fine of being obliged to
return home.
7. The Government regulates in details the administrative violation behaviors,
forms of fines, measures of overcoming consequences against each administrative
violation behavior in the operations of sending laborers to work overseas and
procedures of administrative fines applied to migrant workers in foreign countries
38
in case of not identifying place of origination of the workers in Vietnam.
Article 76. Administrative violation jurisdiction extent:
1. The presidents of provincial/municipal People’s Committees, the Chief
Inspector of the Ministry of Labor — War Invalids and Social Affairs, the Chief
Inspectors of Departments of Labor — War Invalids and Social Affairs, the labor
inspectors doing his/her job, the Director of the Department of overseas labor
Management have the jurisdiction to administratively fine organisations,
individuals who have violated administrative procedures in the process of sending
laborers to work overseas.
2. The heads of overseas diplomatic representative agencies, overseas Vietnamese
Consulates holds jurisdiction to administratively fine Vietnamese laborers working
overseas who have administrative violation as prescribed in 5th and 6th Clause of
Article 75 this Law.
Chapter VIII
PROVISIONS FOR IMPLEMENTATION
Article 77. Applicable to labor export Licenses issued before this Law takes
effect:
Labor export Licenses issued according to Decree No. 81/2003/ND-CP dated
17/07/2003 of the Government, specifying the detailed guidance for execution of
Vietnam’s Labor Code regarding Vietnamese Laborers Working Overseas, are valid
within 1 80 days from the date this Law comes into effect.
In case the enterprise wishes to continue their business to send labourers to work
overseas, they have to rearrange their structure, mechanism and install other
conditions in accordance with the regulations of this Law and send the application
dossiers of the license replacement to the Ministry of Labour, Invalids and Social
Affairs.
Article 78. Application dossier to replace the license for the enterprises, which
are licensed to send labourers to work overseas before this Law taking effect:
1.The dossier of License replacement application consists of:
a) Application form from the enterprise;
b) Labor export License issued according to Decree No. 81/2003/ND-CP on July
17, 2003 of the Government, detailing and guiding the execution of Vietnam’s
Labor Code regarding Vietnamese laborers working overseas;
c) Documents evidencing the regulated contents as prescribed in Clause I of this
Article;
39
d) Certificate of additional pledged collateral securities according to legal
regulations.
2. License replacement procedures:
a) Within 15 (fifteen) working days from the date the complete and valid dossier is
received as prescribed in Clause 2 of this Article, the Minister of Labor, Invalids
and Social Affairs reviews and renews Licenses for enterprises; in cases of denial a
written document must be sent to the enterprise, clearly stating the reason.
b) From the date the enterprise submit the full and valid dossier till the
replacement of the enterprise’s License, enterprises may continue their operation of
sending laborers to work overseas.
3. Enterprises must cease all operations of sending laborers to work overseas in the
following cases:
a) Enterprises do not submit their application dossier for License replacement after
180 days from the date this Law comes into effect.
b) From the date the enterprise receive notification of the License replacement
denial from the Ministry of Labor, Invalids and Social Affairs.
4. In the event enterprises must cease their operation services of sending laborers to
work overseas according to regulations prescribed in Clause 4 of this Article,
enterprises still holds the rights and obligations as prescribed in Clause 5 Article 11
and Clause I Article 24 of this Law.
5. Enterprises replacing their Licenses as prescribed in this Article do not have to
pay replacement fees.
Article 79. Execution effect

This Law takes effect from 1st July 2007.
Previous provisions go contrary to regulations of this Law are all abolished.
Article 80. Execution guidance

The Government stipulates the details and guidance to execute this Law.
CHAIRMAN OF THE NATIONAL ASSEMBLY

This Law has been passed by the IX National Assembly of the Socialist Republic of
Vietnam, the10session 29/11/2006.
40

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THE NATIONAL ASSEMLY OF THE SOCIALIST REPUBLIC OF VIENTAM

Law Ref. No.: 72/2006/QH 11 Independence -— Freedom – Happiness

THE XI NATIONAL ASSEMBLY OF

THE SOCIALIST REPUBLIC OF VIETNAM

ON VIETNAMESE WORKERS WORKING OVERSEAS UNDER CONTRACT

This Law prescribes the Vietnamese workers working overseas on contract.

Article 1: Scope of Regulation

Article 2: Subjects of application

Article 4: Contents of the activities of placement of workers for overseas

The activities of placement of workers for overseas employment are comprised

1. Sign contracts relating to the overseas employment of workers;

Article 5: The State policy on the overseas working workers

1. Facilitate for Vietnamese citizens to be qualified for overseas employment.

Article 6: Forms of overseas employment

Workers working overseas in one of the following forms:

Article 7: Prohibited acts

ENTERPRISES, NON-ADMINISTRATIVE ORGANIZATIONS SENDING

ENTERPRISES ENGAGED IN SERVICES OF SENDING WORKERS TO

Article 8: Enterprises engaged in services of placement of workers to overseas

1. The activity of placement of workers to overseas employment is a conditional

2. The enterprise that provides services of placement of workers to overseas

Article 9: Conditions for licensing

4. Enterprises must have deposits at banks according to the Government

Article 10: Dossiers, procedures and fees of License issuance

1. Dossier of license application consists of:

b. Copy of Business Registration Certificate;

c. Documents certifying the fulfillment of requirements prescribed in Clause 2 of

Article 11: License renewal

Article 12: License re-issuance

2. License re-issuance application includes:

a) Letter of request for License re-issuance.

4. The enterprise whose license is reissued as prescribed in Clause 1 of this

Article 13: License announcement

Article 14: Time-limit suspension of placement of workers to overseas

1. Enterprise is suspended from placing workers to overseas employment in the

Article 15: Handing in and withdrawing the License

1. The service enterprise meeting the conditions prescribed in Clause 2 of this

2. Prerequisites for an enterprise’s branch to be qualified for conducting the

a) Be in possession of the decision of the service enterprise assigning the mission

3. The enterprise’s branch stated in Clause 1 of this Article is not allowed to

a) Sign labor supply contract and contract to place workers to overseas

5. Enterprise branch must provide periodical and unscheduled reports and is

Article 17: Contract of labor supply, contract of placement of workers to

Article 18: Registration of the labor supply Contract

Article 20: Commission fee

Article 21: Service fee

Article 22: Deposit of the service enterprise

1. Deposit of the service enterprise prescribed in Clause 4 of Article 9 of this

Article 23: Deposit of worker

Article 24: Obligations of the service enterprise whose License is handed in or

Article 25: Obligations of the enterprise in the event of liquidation

Article 26: Obligations of enterprises in the event of bankruptcy

THE ENTERPRISES BID, CONTRACT TO SEND VIETNAMESE

Article 28: Conditions of sending workers to work at the overseas construction

Article 29: Report on placement of workers to overseas employment

Article 30: Rights and obligations of the enterprise

VIETNAMESE WORKERS SENT TO WORK ABROAD

BY OVERSEAS INVESTMENT ORGANIZATIONS AND INDIVIDUALS

Article 31: Conditions of sending workers to work at production and business

Article 33: Rights and obligations of the overseas investments organizations

ENTERPRISES PLACE WORKERS TO OVERSEAS EMPLOYMENT IN

Article 34: Conditions of placing workers to overseas employment in the form

Article 35: Receipt trainee Contract, Contract of placing workers to skill

3. The Contract of placing workers to skill training is a written agreement