Currently, the number of Vietnamese workers going abroad for employment is steadily increasing. This article will share key regulations concerning Vietnamese workers employed overseas.
Rights and Obligations of Vietnamese Workers Employed Abroad under Contract
1. Rights of Vietnamese workers employed abroad under contract:
a) To be provided with information on Vietnam’s policies and laws regarding Vietnamese workers employed abroad under contract; policies, laws, customs, and practices of the host country relevant to workers; and the rights and obligations of the parties in overseas employment contracts;
b) To receive counseling and support in exercising rights, fulfilling obligations, and enjoying benefits under the labor contract or vocational training contract;
c) To receive wages, salaries, medical examination and treatment benefits, social insurance, occupational accident insurance, and other rights and benefits as stipulated in the labor contract; and to remit wages, salaries, income, and other lawful personal assets to Vietnam in accordance with Vietnamese law and the law of the host country;
d) To be protected and safeguarded in respect of their lawful and legitimate rights and interests during the period of employment abroad under contract, in compliance with Vietnamese law, the law of the host country, and international law and practices;
đ) To unilaterally terminate the contract if subjected to maltreatment, forced labor, or when there is a clear and direct risk to life, health, or sexual harassment while working abroad;
e) To enjoy labor, employment, and benefit support policies from the Overseas Employment Support Fund in accordance with the law;
g) To be exempt from double payment of social insurance or personal income tax in both Vietnam and the host country if Vietnam and such country have concluded an agreement on social insurance or on the avoidance of double taxation;
h) To file complaints, denunciations, or initiate lawsuits regarding violations of the law in the field of Vietnamese workers employed abroad under contract;
i) To receive counseling and support for job placement and entrepreneurship after returning to Vietnam, and to have access to voluntary psychosocial counseling services.
2. Obligations of Vietnamese workers employed abroad under contract:
a) To comply with the laws of Vietnam and the laws of the host country;
b) To preserve and promote the cultural traditions of the Vietnamese people; to respect the customs and practices of the host country; and to maintain solidarity with workers in the host country;
c) To complete the pre-departure orientation training course before working abroad;
d) To pay service fees and make deposits in accordance with this Law;
đ) To work at the designated place; to observe labor discipline and workplace regulations; and to comply with the management, administration, and supervision of the foreign employer under the labor contract;
e) To compensate for damages caused by breaches of the signed contract in accordance with Vietnamese law and the law of the host country;
g) To return to Vietnam upon expiry of the labor or vocational training contract; and to notify the residence registration authority of their previous place of residence before departure, or their new residence after returning to Vietnam, in accordance with the Law on Residence, within 15 days from the date of re-entry;
h) To pay taxes and participate in social insurance and other forms of insurance in accordance with Vietnamese law and the law of the host country;
i) To contribute to the Overseas Employment Support Fund.
(Legal basis: Article 6 of the Law on Vietnamese Workers Employed Abroad under Contract)
