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Législation nationale sur le droit du travail, la sécurité sociale et les droits de la personne

Viet Nam (547) > Travailleurs migrants (41)

Nom: Regulation on sending Vietnamese nationals to work abroad for a limited period of time (Decision No. 370 of the Council of Ministers HDBT of 1991)
Pays: Viet Nam
Sujet(s): Travailleurs migrants
Type de loi: Règlement, Décret, Arrêté, Ordonnance
Adopté le: 1991-11-09
Entry into force:
Publié le: Photocopy, 5 p.
ISN: VNM-1991-R-39364
Lien: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=39364&p_lang=fr
Bibliographie: Photocopy, 5 p.
Résumé/Citation: Chapter I outlines the purposes for sending Vietnamese nationals abroad for work, defines the entities entitled to do so and enumerates the categories of Vietnamese entitled to migrate. Chapter II sets out the benefits for and obligations of migrants. Potential migrants are entitled to information about conditions of work, are allowed to take necessary working tools with them and to remit earnings in foreign currency to Viet Nam subject to mutual agreements. They are also entitled to coverage - without further specification - by all social insurance benefits and other benefits stipulated under the laws of Viet Nam. Migrant workers are required to sign contracts of employment prior to departure and to pay a recruitment fee and a deposit to the recruitment agency. The deposit shall serve as security for the workers' fulfilment of their contractual obligations. The size and mode of payment of the deposit is subject to negotation and agreement between workers and the recruitment agency. Upon fulfilment of the contract the deposit shall be refunded. Migrant workers are further required to pay 30 percent of their earnings to the Government. Chapter III regulates the recruitment agencies. Agencies must be licensed and have a guarantee to secure their operations. They are responsible for sending the workers abroad, receiving them back and securing their resettlement. General and direct supervision is exercised by MOLISA, a government entity. Sanctions include the suspension or withdrawal of licences as well as disciplinary or penal action.

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