Decree guiding the labor law on Vietnamese workers working abroad

On December 10, 2021, the Government issued Decree 112/2021/ND-CP detailing a number of articles and measures to implement the Law on Vietnamese workers working abroad under contracts in Vietnam.

Accordingly, Vietnamese enterprises operating in the service of sending Vietnamese workers to work abroad under contracts (service enterprises) must make a deposit of VND 2 billion at a bank or branch of a foreign bank legally established and operating in Vietnam.

For each branch assigned the task of providing services to send Vietnamese workers to work abroad under a contract, the service enterprise that assigns the task to the branch must deposit an additional 500 million VND.

For Vietnamese enterprises sending Vietnamese workers to train and improve professional qualifications and skills abroad, they must make a deposit at a bank or foreign bank branch established and operating legally in Vietnam.

The deposit is equal to 10% of an economy class airfare from the workplace to Vietnam, calculated according to the number of employees going to work abroad in the contract for accepting interns.

Regulations on conditions for sending workers to work abroad

For enterprises operating in the service of sending Vietnamese workers to work as domestic workers abroad, the Decree stipulates that service enterprises must maintain the conditions specified in Article 10 of the Law on Vietnamese workers abroad under a contract and meet the following conditions:

• Executing a contract to supply Vietnamese laborers to work in the host country.
• Having a sufficient number of professional staff to carry out the activities and satisfy the following criteria: Having at least 1 professional staff performing activities of searching and developing the foreign labor market with foreign language suitable for the host country and at least 1 year of experience in sending Vietnamese workers to work in the receiving country;
• have at least 1 permanent professional staff abroad to perform labor management activities, have foreign language ability suitable to the receiving country and at least 1 year of experience in sending Vietnamese workers go to work in the host country;
• have at least 1 professional staff conducting orientation education activities with at least 1 year of experience in sending Vietnamese workers to work in the host country.
• Must ensure that the employee has experience in working as domestic helper abroad, or has knowledge of domestic work and foreign language proficiency to meet the requirements of the foreign party receiving the labor according to the instructions of the Minister of Labour, Invalids and Social Affairs.

ASL LAW is a top-tier Vietnam law firm. If you need any advice, please contact us for further information or collaboration.