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Vietnamese Labor Law on Labor Export: A Guide for International Employers 2025

Labor export is one of the key sectors of Vietnam’s economy, contributing significantly to increasing workers’ income and boosting the country’s remittance flow. However, to ensure the rights of workers and the legality of enterprises, compliance with Vietnam’s Labor Law and regulations related to labor export is mandatory.

Overview of Vietnam’s Labor Export

Labor export refers to the activity of sending Vietnamese workers abroad for employment under fixed-term contracts. This sector is strictly regulated under the Law on Vietnamese Workers Working Abroad under Contracts (Law No. 69/2020/QH14), which took effect on January 1, 2022.

The key principles of the law include:

Protecting the legal rights and interests of Vietnamese workers employed abroad.
Facilitating businesses and organizations engaged in labor export activities.
Strengthening supervision and management to ensure transparency and accountability among stakeholders.

Conditions and Standards for Labor Export Enterprises

1. Licensing Conditions

To be permitted to send workers abroad, enterprises must meet the following requirements:

Have a minimum charter capital of VND 5 billion.
Obtain a license to provide overseas employment services issued by the Ministry of Labor, Invalids, and Social Affairs.
Have training programs for professional skills and foreign languages for workers.
Ensure that workers have clear and transparent contracts with foreign partners.

2. Responsibilities of Labor Export Enterprises

Provide workers with complete information about the job, salary, benefits, and living conditions in the host country.
Train workers before departure, including language skills, cultural adaptation, and legal knowledge about the destination country.
Protect workers’ rights throughout their employment abroad.
Assist workers in case of issues, including legal protection and repatriation if necessary.

Employment Contracts in Labor Export

1. Types of Contracts

Under regulations, labor export contracts can include:

Contracts between workers and labor export enterprises.
Contracts between workers and foreign employers.
Cooperation agreements between Vietnamese enterprises and foreign partners.

2. Key Contract Contents

Specific job responsibilities of the worker.
Salary, allowances, and payment method.
Contract duration (typically 1 to 3 years, with possible extensions).
Benefits such as insurance, healthcare, and leave policies.
Working conditions and occupational safety standards.

Rights and Obligations of Exported Workers

1. Workers’ Rights

Receive the agreed-upon salary and working conditions as per the contract.
Be entitled to insurance and occupational safety benefits.
Receive legal support in case of disputes with the employer.
Have the right to file complaints if their rights are violated.

2. Workers’ Obligations

Comply with the contract and the laws of the host country.
Perform job duties as described in the contract.
Uphold the reputation of Vietnamese workers abroad.
Pay service fees as stipulated (if applicable).

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State Management of Labor Export

1. Key Regulatory Bodies

The Ministry of Labor, Invalids, and Social Affairs is responsible for licensing and overseeing labor export activities.
The Department of Overseas Labor Management provides support for workers employed abroad.
Vietnamese embassies and consulates offer legal assistance and citizen protection services.

2. Penalties for Violations

If a labor export enterprise violates regulations, it may face penalties, suspension, or revocation of its license.
If workers violate their contracts, they may have their contracts terminated and be subject to fines as agreed upon.

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Labor export presents significant opportunities but requires strict compliance with Vietnamese laws. International employers should collaborate closely with reputable labor export enterprises and adhere to legal regulations to ensure mutual benefits. For further details, businesses should contact Vietnamese labor management agencies or seek legal consultation in this field.