Enterprises send Vietnamese workers to practice abroad

In order to improve skills, many businesses will send workers abroad to practice and gain experience. What are the conditions of Vietnamese enterprises sending Vietnamese workers to practice abroad? Do enterprises sending Vietnamese workers to practice abroad need to register? What is the registration procedure for sending Vietnamese workers to practice abroad in 2022? To answer the above question, today, LSX Lawfirm will give you an article about “Enterprises send Vietnamese workers to practice abroad“, as follows:

Legal grounds

• Labor Code 2019
• Law on Vietnamese workers going to work abroad under contract 2020.

Conditions of Vietnamese enterprises sending Vietnamese workers to practice abroad

1. Having a contract to receive interns with an overseas intern-receiving facility to send Vietnamese workers abroad for training and skill improvement in accordance with Article 37. of this Law and has been approved by the competent state agency specified in Article 39 of this Law.
2. There is a deposit to perform the contract of accepting interns according to the Government’s regulations. The deposit is equal to 10% of an economy-class air ticket from the workplace to Vietnam based on the number of employees going to work abroad in the contract of receiving interns.

3. Only send workers with labor contracts and vocational training contracts abroad to train and improve their professional qualifications and skills at overseas internship-receiving establishments under labor-receiving contracts internship.
4. Specific lines, occupations, and jobs Vietnamese workers going to train and improve their professional qualifications and skills abroad must be suitable to the field of operation of the enterprise.

Thus, enterprises that want to send Vietnamese workers abroad to train and improve their qualifications and skills need to fully meet the above conditions to be approved by the competent authority.

Do enterprises sending Vietnamese workers to practice abroad need to register?

According to the above regulations, it can be seen that enterprises are only allowed to send workers with labor contracts and vocational training contracts abroad to train and improve vocational qualifications and skills at internship-receiving establishments. in a foreign country under a contract to receive interns.

Thus, one of the conditions for sending Vietnamese workers to practice abroad is to sign a contract to receive interns. Therefore, enterprises sending Vietnamese workers to practice abroad need to complete procedures for registration of contracts to receive interns.

What documents are included in the application file for sending Vietnamese workers to practice abroad?

Dossier for registration of an internship contract includes:

– Written registration of the contract to receive interns;

– A copy of the contract for accepting interns together with a certified Vietnamese translation;

• Documents proving that sending Vietnamese workers abroad to train and improve professional qualifications and skills in accordance with the law of the receiving country;

– A copy of the certificate of business registration and documents proving the deposit of the enterprise as prescribed in Clause 2, Article 36 of the Law on Vietnamese employees working abroad under the 2020 contract.

In which the contract for accepting interns must be consistent with the law of Vietnam and the law of the country receiving the intern and must contain the following contents:

• Internship duration;

– Number of employees; industry and profession; the age of the worker;

• Internship location;
• Conditions and practice environment;
• Time to practice, time to rest;
• Occupational safety and hygiene;
• Salary;
• Conditions for eating, living, living, and traveling;
• Medical examination and treatment regime;
• Social insurance, health insurance, labor accident insurance, occupational disease insurance, other insurance (if any);

Conditions for premature termination of the contract and liability to compensate for damage;

– Responsibility to pay travel expenses from Vietnam to the internship place and vice versa;

– Responsibilities of the parties when the employee encounters risks during the internship abroad;

• Responsibilities of the parties in solving problems arising for employees during the internship abroad;

– Mechanisms, procedures, and applicable laws to resolve disputes;

• Other agreements are not contrary to law and social ethics.

Registration procedures for sending Vietnamese workers to practice abroad in 2022

Pursuant to the Law on Vietnamese workers going to work abroad under the 2020 contract, in order to send workers abroad for internships, the following steps must be taken:

Step 1: Sign a contract to receive interns
Signing contracts to receive interns and vocational training contracts according to Articles 37 and 38 of the Law on Vietnamese workers going to work abroad under the 2020 contract.

Step 2: Sign up for an internship contract
Sign up for an internship contract with:

• In the People’s Committee of the province where the enterprise’s head office is located the training period is less than 90 days;

– Ministry of Labor, War Invalids and Social Affairs if the training period is over 90 days;

Step 3: Competent agencies receive and process dossiers
Within 05 working days from the date of receipt of a complete and valid dossier as prescribed, the competent state agency must reply in writing to the enterprise; In case of disapproval, the reason must be clearly stated.

Step 4: Make a deposit
Make a deposit equal to 10% of an economy-class air ticket from the workplace to Vietnam based on the number of employees going to work abroad in the Contract for receiving interns (Clause 2, Article 26). Decree 112/2021/ND-CP)

Step 4: Complete exit procedures for employees
Step 5: Update employee information on the System
Within 05 working days from the date the worker leaves the country, the enterprise must update the information about the employee on the database system of Vietnamese workers going to work abroad under the contract;

Rights and obligations of enterprises sending Vietnamese workers abroad for internships

Business rights

Enterprises have the following rights:

a) Request the employee to pay compensation for damage caused by the employee under the contract of vocational training abroad;

b) Complaints and lawsuits about decisions or violations of the law in the field of Vietnamese workers working abroad under contracts.

Obligations of the business

Enterprises have the following obligations:

a) Provide complete, accurate, and clear information on the contents specified in Clause 2, Article 37 of this Law;

b) To sign a vocational training contract before the employee goes abroad to train and improve vocational qualifications and skills;

c) Organize for workers, before going abroad to train and improve their professional qualifications and skills, to participate in orientation education courses and be granted certificates of completion of orientation education courses;

d) Within 05 working days from the date the employee leaves, the enterprise must update information about the employee on the database system of Vietnamese workers going to work abroad under the contract. copper;

dd) Organize the management and protection of lawful and legitimate rights and interests of laborers sent by enterprises for training and improvement of vocational qualifications and skills abroad;

e) Report and coordinate with overseas Vietnamese representative agencies to manage and protect the legitimate rights and interests of employees;

In addition

g) Liquidation of overseas vocational training contracts with workers;

h) Compensation for employees according to signed contracts and regulations of law for damage caused by enterprises;

i) Receive and arrange suitable jobs for workers after the period of training and improving vocational qualifications and skills abroad;

k) Settle benefits for employees in case the enterprise is dissolved or goes bankrupt as prescribed by law;

l) Report on the implementation of sending workers abroad for training and improvement of vocational qualifications and skills to competent state agencies specified in Clause 1, Article 39 of this Law in accordance with regulations of law. Minister of Labor – Invalids and Social Affairs;

m) To comply with the requests of competent agencies and coordinate with relevant agencies and organizations of the countries where the employees come to train and improve their professional qualifications and skills to settle disputes related to employees; labor; solve problems arising in the case of death, accident or infringement on the life, health, honor, dignity, property or in case of natural disaster, epidemic, war, instability political, economic recession, state of emergency or other force majeure reasons.

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