Thông tư 02/2024/TT-BLĐTBXH sửa đổi Thông tư 21/2021/TT-BLĐTBXH hướng dẫn Luật Người lao động Việt Nam đi làm việc ở nước ngoài theo hợp đồng do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 21/2021/TT-BLDTBXH DATED DECEMBER 15, 2021 OF THE MINISTER OF LABOR - WAR INVALIDS AND SOCIAL AFFAIRS ON ELABORATION OF LAW ON VIETNAMESE GUEST WORKERS

Pursuant to the Law on Vietnamese Guest Workers No. 69/2020/QH14 dated November 13, 2020;

Pursuant to the Government’s Decree No. 62/2022/ND-CP dated September 12, 2022 on functions, tasks, powers and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

At the request of the Head of the Overseas Labor Agency;

The Minister of Labor - War Invalids and Social Affairs promulgates Circular on amendments to some Articles of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor - War Invalids and Social Affairs on elaboration of Law on Vietnamese Guest Workers.

Article 1. Amendments to some Articles of Circular No. 21/2021/TT-BLDTBXH dated December 15, 2021 of the Minister of Labor - War Invalids and Social Affairs on elaboration of Law on Vietnamese Guest Workers

1. Clause 3 Article 3 shall be amended as follows:

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a) If the foreign employment receiver is the employer, proving documents include:

a1) 01 copy of business license or equivalent document issued by a competent authority to the employer, showing the field of business suitable for the sector, profession, and job for foreign worker recruitment with its Vietnamese translation;

a2) With regard to a country in which there are regulations on conditions for receipt of foreign workers, 01 copy of document which shows that the employer meets such conditions with its Vietnamese translation.

b) If the foreign employment receiver is an employment service organization, proving documents include:

b1) 01 copy of business license or equivalent document issued or certified by a competent authority to the employment service organization, showing the sector and profession of business, including employment services, with its Vietnamese translation;

b2) 01 copy of cooperation agreement on or written request for preparation of labor sources or recruitment of Vietnamese workers of the employer for the employment service organization with its Vietnamese translation;

b3) Proving documents regarding the employer prescribed in Point a of this Clause.”

2. Clause 5 Article 3 shall be amended as follows:

“5. Commitment to prioritize selection of workers who have participated in the labor source preparation phase is a written commitment between the Vietnamese service enterprise and the worker, showing the prioritized content for a selection of Vietnamese guest workers of the enterprise after the labor supply contract has been registered and approved.”

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“Article 4. Detailed content of the labor supply contract

1. The detailed content of a labor supply contract according to the market, sector, profession, and job is stipulated as follows:

a) Regarding sectors, professions, and jobs in the Japanese market, comply with regulations prescribed in Appendix II promulgated with this Circular.

b) Regarding sectors, professions, and jobs in the Taiwanese market (China), comply with regulations prescribed in Appendix III promulgated with this Circular.

c) Regarding sectors, professions, and jobs in the Korean market, comply with regulations prescribed in Appendix IV promulgated with this Circular.

d) Regarding sectors, professions, and jobs in West Asia, Central Asia, and Africa markets, comply with regulations prescribed in Appendix V promulgated with this Circular.

dd) Regarding sectors, professions, and jobs in markets of Europe and Oceania, comply with regulations prescribed in Appendix VI promulgated with this Circular.

e) Regarding sectors, professions, and jobs in the market of Americas, comply with regulations prescribed in Appendix VII promulgated with this Circular.

g) Regarding sectors, professions, and jobs in the Chinese market or Macau market (China) and Southeast Asia market, comply with regulations prescribed in Appendix VIII promulgated with this Circular.

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2. The labor supply contract is agreed by the service enterprise with the foreign employment receiver and this contract shall satisfy minimum requirements specified in Clause 1 of this Article.”

4. Article 5 shall be amended as follows:

“Article 5. Documents proving compliance with regulations and laws of host countries of the provision of Vietnamese guest workers

1. Regarding the Malaysian market and the Taiwanese market (China), proving document is 01 copy of the appraisal sheet for recruitment of Vietnamese workers of a Vietnamese representative mission in the Malaysia or the Taiwan (China).

2. Regarding markets of Europe, Americas and Oceania and skilled workers in Korean market, if the foreign employment receiver is the employer, proving documents include:

a) 01 copy of business license or equivalent document issued by a competent authority to the employer, showing the field of business suitable for the sector, profession, and job for foreign worker recruitment with its Vietnamese translation;

b) 01 copy of the document issued by a competent authority of the host country permitting the employer to recruit foreign workers or certifying that the employer meets requirements/conditions for recruitment of foreign workers or approving the sector, profession, and job eligible for foreign worker recruitment with its Vietnamese translation.

3. Regarding other countries or territories, if the foreign employment receiver is the employer, the proving document is 01 copy of the document issued by a competent authority of the host country permitting the employer to recruit foreign workers with its Vietnamese translation.

If there is not any regulation on the above-mentioned document in the host country, 01 copy of business license or equivalent document of the employer or another document of the competent authority or a professional organization (with regard to household business), showing that the employer’s production and business are suitable for the sector, profession, and job for foreign worker recruitment and those eligible for foreign worker recruitment, and its Vietnamese translation are required.

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a) 01 copy of business license or equivalent document issued or certified by a competent authority to the employment service organization, showing the sector and profession of business including employment services with its Vietnamese translation;

b) 01 copy of cooperation agreement on or written request or letter of authorization for recruitment of Vietnamese workers of the employer for the employment service organization with its Vietnamese translation;

c) Proving documents regarding the employer prescribed in Clause 2 or Clause 3 of this Article.”

5. Article 7 shall be amended as follows:

“Article 7. Ceiling service price under brokerage agreements

1. The ceiling service price under brokerage agreements according to the agreement between the service enterprises with intermediary entities shall not exceed 0,5 months of the salary in the worker's contract for every 12 working months.  In case the labor contract has a working term of 36 months or more, the ceiling service price according to the brokerage agreement shall not exceed 1,5 months of the salary in the contract of the worker.

2. The ceiling service price under brokerage agreements for a number of specific markets, sectors, professions, and jobs is prescribed in Appendix X promulgated with this Circular.”

Article 2. Replacement of some Appendices and Forms of Circular No. 21/2021/TT-BLDTBXH

1. Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, Appendix VII, Appendix VIII, Appendix IX, Appendix X and Appendix XI issued together with Circular No. 21/2021/ TT-BLDTBXH shall be respectively replaced by Appendix II, Appendix III, Appendix IV, Appendix V, Appendix VI, Appendix VII, Appendix VIII, Appendix IX, Appendix X and Appendix XI issued together with this Circular;

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Article 3. Grandfather clause

1. If contracts for bringing Vietnamese workers to work abroad and other relevant agreements have been signed and workers have migrated before the effective date of this Circular, such contracts and agreements shall continue to be executed until these contracts expire.

2. If labor supply contracts signed and approved by the Ministry of Labor – War Invalids and Social Affairs contain contents contrary to regulations in this Circular and workers have not yet migrated before May 15, 2024, such contracts shall be amended or new labor supply contracts shall be signed.

Article 4. Entry into force

1. This Circular comes into force as of May 15, 2024.

2. Any difficulties that arise during the period of implementation of this Circular should be promptly reported to the Ministry of Labor – War Invalids and Social Affairs for prompt guidelines./.

PP. MINISTERDEPUTY MINISTERNguyen Ba Hoan

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1 Charter capital; list of owners/members/shareholders.  If an owner/member/shareholder is an organization, a list of owners/members/shareholders of such organization shall be provided and updated at the reporting period.