In the context of the modern world, working abroad is becoming increasingly common and brings about opportunities for cooperation and international exchange. However, sending workers abroad also raises complex legal issues that need to be addressed to ensure harmony and compliance with the law for all parties involved.
1 . Contract forms
According to the provisions of the Law on Vietnamese workers going to work abroad under contract in 2020, workers go to work abroad under a contract in one of the following forms:
- Contract to send Vietnamese workers to work abroad signed with non-business units to implement international agreements;
- Contracts or written agreements on sending Vietnamese workers to work abroad signed with the following enterprises, organizations, and individuals:
- Vietnamese enterprises providing services of sending Vietnamese workers to work abroad under contracts;
- Vietnamese enterprises that win contracts or receive contracts for works and projects abroad;
- Vietnamese enterprises send Vietnamese workers abroad to train and improve professional skills and qualifications;
- Vietnamese organizations and individuals investing abroad.
- Labor contract signed by the Vietnamese employee directly with the overseas employer.
Among the forms of working abroad listed above, the form of “Vietnamese enterprises operating in the service of sending Vietnamese workers to work abroad under contracts” is currently very popular in Vietnam.
2. Prohibited acts
In addition, this Law also stipulates prohibited acts in the field of Vietnamese workers working abroad under contracts, typically the following acts:
- Enticing, seducing, promising, advertising, providing false information or using other tricks to defraud employees;
- Taking advantage of activities of sending workers to work abroad to organize illegal exit, human trafficking, exploitation, forced labor, or commit illegal acts;
- Support workers or directly carry out procedures for workers to work abroad without the approval of competent state agencies;
- Forcing, enticing, seducing, and deceiving Vietnamese workers to stay abroad;
- Other prohibited acts as prescribed by law.
3. The sanctioning of administrative violations by enterprises in the service of sending Vietnamese workers to work abroad under contracts
According to Decree 12/2022/ND-CP, effective from 17/02/17 stipulates that, depending on each violation, there will be fines ranging from VND 10 million to VND 200 million as follows:
- A fine ranging from VND 10 million to VND 20 million for the following acts: Failing to organize orientation education or failing to issue a certificate of completion of orientation education course to employees before going to work abroad according to the regulations. provisions of law; Negotiate the deposit level with employees higher than the law; Failing to liquidate or liquidate contracts for sending Vietnamese workers to work abroad with workers not in accordance with the law; The content of the contract to send Vietnamese workers to work abroad is inconsistent with the registered labor supply contract; etc.
- A fine of between VND 50 million and VND 70 million for the following acts: Failure to maintain one of the conditions as prescribed by law during the operation; Improperly performing the contents of the registered and approved labor supply contract; Failure to compensate employees for damage caused by the enterprise or its branch in accordance with the law; Failing to advise and support employees with procedures related to termination of labor contracts, benefits, regimes and procedures for returning home; etc.
- A fine of between VND 150 million and VND 180 million for one of the following acts: Taking advantage of activities of sending Vietnamese workers to work abroad to organize illegal exit, exploit or force labor action but not to the extent of criminal prosecution; Sending Vietnamese workers to work abroad in one of the following cases: in a prohibited area; prohibited work; violate social ethics; violate the health of workers or the community but not to the extent of criminal prosecution; not allowed by the receiving country, etc.
- A fine ranging from VND 180 million to VND 200 million for the following acts: Using the license to operate the service of sending Vietnamese workers to work abroad under the contract of another enterprise to organize the sending of Vietnamese workers to work abroad; Allowing other organizations or individuals to use the license to operate the service of sending Vietnamese workers to work abroad under the contract of their enterprise to send Vietnamese workers to work abroad; etc.
In addition, Decree 12/2022/ND-CP also stipulates additional sanctions such as suspension of operations for 1 to 12 months, with remedial measures including forcing businesses to pay or refund money in accordance with regulations for violations.
In summary, sending Vietnamese workers to work abroad brings numerous opportunities and benefits, but it must be conducted seriously and in compliance with the law. Administrative penalties for violations in this activity are necessary measures to ensure discipline and responsibility among all relevant parties. Additionally, strengthening legal counseling and education plays an important role in limiting potential violations and creating a professional, lawful, and sustainable working environment for both the workers and the country.