Decree 38/2020/ND-CP on Elaborating to Law 72/2006/QH11 on Vietnamese Guest Workers

1 Chapter I. GENERAL PROVISIONS

DECREE 38/2020/ND-CP

April 3, 2020

ON ELABORATING TO LAW ON VIETNAMESE GUEST WORKERS

Pursuant to Law on Government Organization dated June 19, 2015;

Pursuant to Law on Vietnamese Guest Workers dated November 29, 2006;

Pursuant to Law on Enterprises dated November 26, 2014;

Pursuant to Law on Investment dated November 26, 2014 and Law on amendments to Article 6 and Annex 4 on list of conditional business lines of Law on Investment dated November 22, 2016;

At the request of Minister of Labor – War Invalids and Social Affairs; the Government promulgates Decree on elaborating to Law on Vietnamese Guest Workers.

Chapter I. GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes areas and professions which workers are not allowed to work in while abroad; license, eligibility and procedures for issuance and change of license for organizing guess worker programs; margin deposit of enterprises organizing guess worker programs; margin deposit, management and use of margin deposit of enterprises executing contracts for internship; conditions for bringing workers to work in Taiwan territory (China), internship for skills and experience in Japan and work as domestic workers for families in receiving countries in the Middle East; responsibilities of relevant agencies.

Article 2. Regulated entities

1. Enterprises and organizations facilitating guest worker programs.

2. Guest workers operating in sectors specified in Article 6 of Law on Vietnamese Guest Workers.

3. Relevant agencies, organizations and individuals whose operations are related to organizing guest worker programs.

Article 3. Areas and occupations which workers are not allowed to work in while abroad

1. Areas with military conflicts or potential military conflict, radiation, toxic or particularly dangerous diseases.

2. List of occupations which workers are not allowed to work while abroad under Annex I attached to this Decree.

Chapter II. LICENSE FOR ORGANIZING GUEST WORKER PROGRAMS, ELIGIBILITY AND APPLICATION FOR ISSUANCE OR CHANGE THEREOF

Section 1. LICENSE FOR ORGANIZING GUEST WORKER PROGRAMS

Article 4. License for organizing guest worker programs

1. License for organizing guest worker programs shall be issued by Ministry of Labor – War Invalids and Social Affairs.

2. The license for organizing guest worker programs shall be printed on kraft paper in A4 size (21 cm x 29.7 cm), with light blue pattern, faded national emblems and black outline.

3. Contents of the license for organizing guest worker programs shall follow Form No. 01 under Annex II attached to this Decree.

Article 5. License issuance fees

1. Enterprises shall submit fees for issuance of license for bringing workers to work abroad upon receiving the license.

2. Collection, management and use of fees for issuance of the license shall comply with regulations and law on fees and charges.

Section 2. ELIGIBILITY FOR ISSUANCE OF LICENSE FOR ORGANIZING GUEST WORKER PROGRAMS

Article 6. Eligibility regarding business model and legal capital

Enterprises permitted to organize guest worker programs (hereinafter referred to as “service providers”) are limited liability companies, joint stock companies and partnerships which are established and operating according to Law on Enterprises and satisfy following capital requirements: 

1. Legal capital must not be lower than VND 5,000,000,000.

2. Owners, members and shareholders must be domestic investors according to Law on Investment.

Article 7. Scheme for organizing guest worker programs

Contents of the Scheme for organizing guest worker programs shall comply with regulations and law of Vietnam and receiving countries and shall be made using Form No. 02 under Annex II attached to this Decree.

Article 8. Specialized facilities to provide workers with necessary knowledge prior to working abroad and organizing guest worker programs

1. Specialized facilities to provide workers with necessary knowledge prior to working abroad and organization of guest worker programs of service providers (hereinafter referred to as “facilities”) include:

a) Centers for providing workers with necessary knowledge prior to working abroad include leaner training and management departments;

b) Professional departments organizing guest worker programs and utilizing foreign market, selecting workers, managing guest workers and assisting workers to return to home country and financially;

c) Centers for providing necessary knowledge and professional departments must ensure adequate specialized employees for organizing guest worker programs.

2. Conditions for organizations providing necessary knowledge for workers owned by service providers or hired by service providers under contracts shall comply with regulations and law and satisfy following basic requirements:

a) Have adequate rooms for study and stay for 100 workers at any given time;

b) Average area for rooms for study is 1.4 m2/learner and rooms for stay is 3.5 m2/learner with basic equipment to ensure studying and staying capabilities.

3. Service providers issued with the license for organizing guest worker programs for the first time shall organize specialized facilities to provide necessary knowledge and bringing workers to work abroad within 90 days from the date on which the license is issued.

Article 9. Specialized employees and lead operators

1. Specialized employees specified in Point c Clause 1 Article 8 of this Decree must:

a) Sign fixed-term or permanent employment contracts with service providers;

b) Not currently be criminally prosecuted, enforce criminal judgment of courts, currently prohibited from holding positions or practicing; 

c) Have at least junior college education level or higher;

d) Specialized employees utilizing international market, selecting workers, managing guest workers and providing necessary knowledge must graduate in either law, economic, business administration or foreign language and have at least 1 year of experience in organizing guest worker programs.

2. Lead operators in organizing guest worker programs are legal representatives of enterprises satisfying conditions in Clause 3 Article 9 of Law on Vietnamese Guest Workers and Point b Clause 1 of this Article.

Article 10. Margin deposit of service providers

Enterprises shall place margin deposit of VND 1,000,000,000 at commercial institutions licensed for operations in Vietnam. Margin of service providers shall be utilized according to Clause 1 and Clause 2 Article 22 Law on Vietnamese Guest Workers.

Section 3. APPLICATION FOR ISSUANCE AND CHANGE OF LICENSE FOR ORGANIZING GUEST WORKER PROGRAMS

Article 11. Application for issuance of the license

Application for issuance of the license includes written request of enterprises (using Form No. 3 under Annex II and attached to this Decree) and following documents:

1. 1 copy of the latest enterprise registration.

2. Documents proving capital conditions according to Article 13 of this Decree.

3. 1 master register of margin submission confirmation paper.

4. 1 master register of Scheme for organizing guest worker programs.

5. 1 copy of documents proving ownership or agreements on renting equipment to provide workers with necessary experience.

6. Documents proving eligibility of lead operators and specialized employees according to Article 14 of this Decree.

7. 1 copy of the rules of companies.

Article 12. Application for change of license

Application for change of the license consists of written request of enterprises (using Form No. 4 under Annex II attached to this Decree) and following documents:

1. 1 master register of issued license.

2. 1 copy of the latest enterprise registration.

3. 1 copy of documents proving satisfaction of conditions specified in Clause 2 Article 8 and Article 9 of the Law, in case of any changes, including:

a) In case of changes to capital: Documents proving capital conditions specified in Article 13 of this Decree;

b) In case of changes to lead operators: Documents proving eligibility of lead operators according to Article 14 of this Decree;

c) In case of changes to the organization structure: Produce reports on structure of organizations providing necessary knowledge and acts of organizing guest worker programs; documents proving ownership or contracts for renting equipment (in case of changing location of centers for provision of necessary knowledge);

d) In case of changes to specialized employees: List of specialized employees to undergo change; documents proving that new employees satisfy requirements specified in Article 14 of this Decree.

4. 1 master register of documents confirming contribution to fund for assisting foreign occupations of the previous quarter.

Article 13. Documents proving capital conditions

1. With respect to enterprises issued with enterprise registration for at least 1 year: Audited financial statements of the previous year and financial statements from the beginning of the year to the end of the quarter before issuance of the license according to accounting standards of Vietnam issued by Ministry of Finance.

2. With respect to enterprises issued with business registration for less than 1 year from the date of first business registration: Audited reports on equity using accounting standards of Vietnam issued by Ministry of Finance within 1 month of submitting application or documents on contribution of capital for enterprise establishment include:

a) Copies of following papers: Records of contributions of founding shareholders, shareholder registry, share ownership confirmation documents in case of joint stock companies; records of contributions of members, member registry and documents confirming contributed capital of limited liability companies with at least 2 members or higher; decision on fund allocation of owners to single-member limited liability companies whose owners are organizations; records of contribution of partners and partners contributing with partnership companies;

b) Receipt of money transferred to accounts of companies in commercial institutions – in case of founding shareholders/founding members/owners/partners/contributors who are individuals; cheques or standing orders or other appropriate non-cash payment methods according to applicable regulations and law – in case of founding shareholders/founding members/owners/partners/contributors who are enterprises;

c) Confirmation of commercial institutions licensed for operation in Vietnam regarding account balance at the time in which enterprises apply for license issuance (in case of cash contribution) or certificates of evaluating organizations in Vietnam regarding evaluation results of contributed assets which remain valid for another 30 days from the date of submitting application for issuance of license for organizing guest worker programs together with documents proving transfer of ownership of contributed assets according to Law on Enterprises (in case of contribution in form of assets).

Article 14. Documents proving eligibility of lead operators and specialized employees

Documents proving eligibility of lead operators and specialized employees consist of:

1. 1 copies of specialized degrees.

2. 1 master register of legal background as per the law.

3. 1 copy of employment contracts (if any).

4. 1 copy of documents showing previous experience with respect to lead operators and specialized employees specified in Point d Clause 1 Article 9 of this Decree (decision on assignment, employment contracts or experience confirmation paper).

Chapter III. MARGIN DEPOSIT IN IMPLEMENTATION OF INTERNSHIP AGREEMENTS

Article 15. Margin deposit in implementation of internship agreements

1. Margin deposit of enterprises organizing guest worker programs in form of internship to improve personal skills shall be utilized by competent regulatory agencies to deal with issues in case the enterprises fail to adequately fulfill obligations regarding organizing guest worker programs in form of internship to improve personal skills.

2. Enterprises organizing guest worker programs in form of internships shall place margin deposit in financial institutions.

3. Financial institutions and enterprises shall comply with this Decree and relevant law provisions. Financial institutions where the enterprises place margin deposit shall confirm using Form No. 5 under Annex II attached to this Decree.

Article 16. Amount of margin deposit in implementation of internship agreements

Amount of margin deposit of enterprises organizing guest worker programs in form of internship to improve personal skills shall equal 10% of a one-way business class air ticket at the time of placing margin deposit from receiving countries to VIetnam depending on number of guest workers under internship contracts.

Article 17. Use and settlement of margin deposit in implementation of internship contracts

1. Chairpersons of provincial People’s COmmittees may use the margin deposit as specified in Clause 1 Article 15 of this Decree; confirm to let financial institutions to repay margin deposit and make settlement for enterprises organizing guest worker programs in form of internship to improve personal skills under contracts for organizing guest worker programs in form of internships to improve personal skills within 90 days.

2. Minister of Labor – War Invalids and Social Affairs may use the margin deposit as specified in CLause 1 Article 15 of this Decree; confirm to enable financial institutions to repay the margin deposit and make settlement for enterprises organizing guest worker programs in form of internship to improve personal skills under contracts for organizing guest worker programs in form of internships to improve personal skills within 90 days.

3. Chairpersons of provincial People’s Committees and Minister of Labor – War Invalids and Social Affairs shall request financial institutions in writing to withdraw or extract margin deposit of enterprises for contents specified in Clause 1 Article 15 of this Decree.

Within 30 days from the date of margin deposit withdrawal or extraction of enterprises, the enterprises must refill the margin deposit as per the law. If enterprises fail to comply, financial institutions are responsible for informing Ministry of Labor – War Invalids and Social Affairs or provincial People’s Committees in writing for appropriate measures as per the law.

Chapter IV. ELIGIBLITY FOR BRINGING WORKERS TO WORK IN TAIWAN TERRITORY

Article 18. Eligibility for introduction of service providers bringing workers to work in Taiwan territory

Service providers which are not imposed with administrative penalties regarding organizing guest worker programs within 2 years up to the date on which application for introduction to Taiwan parties is submitted shall be considered to be introduced with competent agencies of Taiwan (China) in order to bringer workers to work in Taiwan if the service providers:

1. Have specialized employees providing necessary knowledge about Taiwan market with at least 1 year of experience in bringing workers to work in Taiwan territory.

2. Employees extracting extra-boundary markets and managing workers overseas who have at least HSK5 or TOCFL4 Chinese proficiency certificates or similar certificates.

Article 19. Application and procedures for introduction of service providers bringing workers to work in Taiwan

1. Application for introduction includes:

a) Written application using Form 6 under Annex II attached to this Decree;

b) Documents proving satisfaction with Clauses 1 and 2 Article 18 of this Decree (in case of any changes compared to enterprise dossiers in Ministry of Labor – War Invalids and Social Affairs).

2. Procedures for introduction:

a) Service providers shall submit 1 application in person or via postal services to Ministry of Labor – War Invalids and Social Affairs;

b) Within 10 working days from the date on which valid applications are received, Ministry of Labor – War Invalids and Social Affairs shall issue letters introducing service providers to competent agencies of Taiwan (China). In case introducing letters are not issued, Ministry of Labor – War Invalids and Social Affairs shall respond in writing specifying the reasons.

Article 20. Provision of necessary knowledge, worker training and management prior to working in Taiwan territory

1. Service providers must organize courses to provide knowledge (at least 74 periods), improve skills and teach Chinese to the workers prior to working in Taiwan (China) at request of receiving party.

2. Service providers shall provide necessary knowledge (at least 134 periods), train skills of taking care of sick persons at home (at least 120 periods), and teach Chinese (at least 267 periods) for workers taking care of sick people at home for the first time.

3. Service providers shall submit 1 master register of list of workers expected to make exit (including full name, date of birth, hometown, passport number, phone number and receiving party) in person or via postal services to Ministry of Labor – War Invalids and Social Affairs for confirmation within 5 working days before service providers submitting applications for issuance of visas for the workers.

Chapter V. ELIGIBILITY FOR BRINGING WORKERS TO JAPAN FOR INTERNSHIP

Article 21. Eligibility for introduction of service providers bringing workers to Japan for internship

Service providers which are not imposed with administrative penalties in organizing guest worker programs within 2 years up to the date of submitting application for introduction to Japan party shall be considered to bring workers to Japan for internship if the service providers:

1. Have adequate equipment to provide necessary knowledge and Japanese training satisfactory to Point b Clause 2 Article 8 of this Decree.

2. Have specialized employees understanding Japanese market with at least 1 year of experience in bringing workers to Japan for internship; employees extracting extra-boundary market and managing guest workers having at least N2 Japanese proficiency certificates (in JLPT standards) or similar certificates.

3. Satisfy standards applied to service providers bringing workers to Japan for internship under agreements between Ministry of Labor – War Invalids and Social Affairs and competent authorities of Japan.

Article 22. Application and procedures for introduction of service providers bringing workers to Japan for internship

1. Application for introduction includes:

a) Written application using Form 7 under Annex II attached to this Decree;

b) Documents proving satisfaction to requirements specified in Clauses 1, 2 and 3 Article 21 of this Decree (in case of changes to enterprise dossiers in Ministry of Labor – War Invalids and Social Affairs).

2. Procedures for introduction:

a) Service providers shall submit 1 application for introduction in person or via postal services to Ministry of Labor – War Invalids and Social Affairs;

b) Within 10 working days from the date on which valid applications are received, Ministry of Labor – War Invalids and Social Affairs shall include name of service providers in list of enterprises for introduction to competent authorities of Japan and issue documents providing guidelines for implementation for the service providers. In case application for introduction is rejected, Ministry of Labor – War Invalids and Social Affairs shall respond in writing specifying reasons.

Article 23. Cooperation principles between Vietnamese service providers and Japanese managing organizations

Ministry of Labor – War Invalids and Social Affairs shall agree with Japanese competent authorities on cooperation principles between Vietnamese service providers and Japanese managing organizations and inform service providers about the cooperation principles for implementation.

Article 24. Managing workers participating in internship in Japan

If service providers bring at least 200 workers to Japan for internship, the service providers must send standing employees managing workers in Japan and their address and phone number to Ministry of Labor – War Invalids and Social Affairs and Vietnamese representative missions in Japan.

Chapter VI. ELIGIBILITY FOR BRINGING WORKERS TO WORK AS DOMESTIC WORKERS IN RECEIVING COUNTRIES IN THE MIDDLE EAST

Article 25. Eligibility for service providers bringing workers to work as domestic workers in receiving countries in the Middle East

Service providers which are not imposed with administrative penalties regarding organizing guest worker programs within 2 years up to the date of submitting the application for the first time may bring workers to work as domestic workers in receiving countries in the Middle East if the service providers:

1. Have rooms to practice necessary skills equipped with necessary equipment and tools for domestic services, etc. which are satisfactory to culture and customs of receiving countries in the Middle East.

2. Have specialized employees with at least 1 year of experience in bringing workers to work in receiving countries in the Middle East.

3. Have at least 1 standing employee managing workers in each receiving country in the Middle East. The employee must have at least 1 year of experience in managing guest workers, be fluent in Arabic or English of at least B1 proficiency level (according to the CEFR) or similar levels.

Article 26. Application and procedures for registering to bring workers to work as domestic workers in receiving countries in the Middle East

1. Application includes:

a) Written application using Form No. 8 under Annex II attached to this Decree;

b) Documents proving satisfaction to Article 25 of this Decree (in case of any changes to enterprise dossiers in Ministry of Labor – War Invalids and Social Affairs).

2. Procedures for application:

a) Service providers shall submit 1 application in person or via postal services to Ministry of Labor – War Invalids and Social Affairs;

b) Within 10 working days from the date on which valid applications are received, Ministry of Labor – War Invalids and Social Affairs shall issue documents on permitting the service providers to bring workers to work as domestic workers in receiving countries in the Middle East. In case the applications are rejected, Ministry of Labor – War Invalids and Social Affairs shall respond in writing specifying reasons.

Article 27. Training and managing workers working as domestic workers in receiving countries in the Middle East

1. The service providers must organize courses to provide necessary knowledge (at least 74 periods), domestic worker training (at least 145 periods) and teach Arabic or English (at least 145 periods for the workers. Total training duration must not be shorter than 45 days.

2. Within 5 working days from the date on which training starts, service providers shall submit 1 master register of list of workers (including full name, date of birth, passport number/ID number/Citizen Identification Card number) participating in the course in person or via postal services and email to Ministry of Labor – War Invalids and Social Affairs and update the list (in case of any change).

3. Service providers shall only submit application for issuance of visas for the workers once the workers have completed training courses specified in Clause 1 of this Article. Upon submitting application for issuance of visas, the service providers shall attach 1 master register of list of workers (including full name, date of birth, passport number) in person or via postal service and e-mail to Ministry of Labor – War Invalids and Social Affairs.

4. Service providers must send standing employees managing workers at receiving countries specified in Clause 3 Article 25 of this Decree before bringing the workers and their address, phone number to Ministry of Labor – War Invalids and Social Affairs and representative missions of Vietnam in receiving countries in the Middle East.

Chapter VII. IMPLEMENTATION

Article 28. Responsibilities of Ministry of Labor – War Invalids and Social Affairs

1. Shall act as contact point to assist the Government to perform joint state management regarding guest workers.

2. Cooperate with relevant agencies in developing legislative documents, policies and procedures regarding guest workers and requesting competent authorities to issue or issuing within their competence; directing publicizing Law on Vietnamese Guest Workers and relevant documents providing guidelines.

3. Cooperate with relevant agencies in conducting research on development of extra-boundary worker market.

4. Negotiate and request competent authorities to sign international agreements on labor according to regulations and law on signing, participating and implementing international agreements; sign international agreements on labor according to regulations and law on signing, participating and implementing international agreements.

5. Develop and provide guidelines for training workforce for guest workers; regulate contents, programs and certificates of provision of necessary certificates for workers prior to guest worker programs; organize training for specialized employees organizing guest worker programs and specialized standing employees managing guest workers.

6. Decide on issuance, change and revocation of license for organizing guest worker programs as per the law.

7. Maintain and regularly update on the website (www.molisa.gov.vn, www.dolab.gov.vn) details of contracts for provision of labor and contracts for bringing workers to work in markets according to policies, regulations and law on labor overseas of markets currently receiving Vietnamese workers and international agreements signed by Vietnam.

8. Organize and instruct contract registration of the service providers and guest workers under personal contracts; supervise contract implementation of service providers.

9. Deal with complaints and accusations relating to organizing guest worker programs as per the law; inspect, examine and take actions against violations with respect to organizations and individuals committing administrative violations regarding organizing guest worker programs.

10. Organize and conduct specialized inspection regarding organizing guest worker programs and post-inspection with respect to service providers organizing guest worker programs.

11. Cooperate with Ministry of Foreign Affairs in organizing and directing management and handling of affairs related to Vietnamese guest workers; cooperate with Ministry of Foreign Affairs and Ministry of Home Affairs in organizing Committee for labor management affiliated to Vietnamese representative missions in countries and regions with many Vietnamese workers.

12. Regulate and provide guidelines for annual and irregular report regimes of enterprises and service providers to governmental regulatory agencies; organize management of guest workers with code.

13. Implement inventory and information regarding organizing guest worker programs.

14. Cooperate with Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Health, State Bank of Vietnam, local governments, other relevant agencies and organizations in organizing guest worker programs

Article 29. Responsibilities of Ministry of Foreign Affairs

1. Cooperate with Ministry of Labor – War Invalids and Social Affairs and relevant ministries in conducting research and proposing to the Government regarding policies on guest workers.

2. Direct and instruct overseas Vietnamese representative missions to:

a) Protect consular, legal rights and interest of Vietnamese working in receiving countries according to regulations and law of Vietnam and receiving countries, and international agreements to which Vietnam and the receiving countries are signatories;

b) Cooperate with domestic competent agencies to deal with issues relating to Vietnamese working in receiving countries, conduct research and provide information to develop the market of bringing Vietnamese to work in receiving countries;

c) Cooperate with Ministry of Labor – War Invalids and Social Affairs and relevant agencies in organizing activities to promote extra-boundary worker market.

Article 30. Responsibilities of Ministry of Public Security

1. Cooperate with Ministry of Labor – War Invalids and Social Affairs and Vietnamese representative missions in accepting Vietnamese workers rejected by receiving countries or forced to return to their home country according to Law on Vietnamese Guest Workers.

2. Cooperate with relevant agencies in contacting with organizations and individuals related to organizing guest worker programs.

3. Detect and promptly deal with illegally organization of guest worker programs or exploitation of guest worker programs for other purposes.

Article 31. Responsibilities of Ministry of Health

Direct, examine, inspect and take actions against violations of health departments in organizing health examination for guest workers as per the law.

Article 32. Responsibilities of People’s Committees of provinces and central-affiliated cities

1. Perform state management regarding guest workers in provinces.

2. Direct affiliated specialized agencies and People’s Committee of lower levels:

a) Publicize policies and regulations of the Government on guest workers;

b) Enable workers with good discipline and obedient to regulations and law to be selected for guest worker programs;

c) Enable enterprises and service providers to employ local workers and manage local guest workers;

d) Deal with complaints and accusations of organizations and individuals related to organizing guest worker programs as per the law;

dd) Examine, inspect and promptly deal with violations in organizing guest worker programs of local service providers;

e) Receive contract applications of guest workers and of service providers organizing guest worker programs in form of internship.

Article 33. Responsibilities of agencies and organizations specified in Points a, b and c Clause 2 Article 10 of Law on Vietnamese Guest Workers

1. Discuss with Ministry of Labor – War Invalids and Social Affairs about issuance of license for organizing guest worker programs for service providers within 15 days from the date on which written request of Ministry of Labor – War Invalids and Social Affairs is received.

2. Cooperate in dealing with issues related to guest workers who are brought abroad by managing service providers Sin case the service providers are dissolved or go bankrupt.

3. Assist enterprises and service providers within their management to deal with issues relating to rights of guest workers.

4. Handle complaints and accusations related to organizing guest worker programs as per the law.

5. Cooperate with Ministry of Labor – War Invalids and Social Affairs in managing workers operating in specific fields under management of ministries.

Article 34. Transitional clauses

1. Service providers licensed to organize guest worker programs before the effective date of this Decree are responsible for examining and adjusting organizations, personnel and facilities satisfactory to Section 2 Chapter II of this Decree within 90 days from the effective date of this Decree.

2. Service providers approved to bring workers to work in Taiwan territory (China), internship in Japan and work as domestic workers in receiving countries in the Middle East before effective date of this Decree are responsible for examining and adjusting personnel and facilities in order to satisfy regulations under Chapters IV, V and VI of this Decree within 60 days from the effective date of this Decree.

3. Service providers are responsible for uploading on their website information about organization, personnel and facilities satisfactory to requirements specified in Section 2 Chapter II of this Decree; contents related to requirements specified in Chapters IV, V and VI of this Decree and update in case of any changes.

Article 35. Entry into force

1. This Decree comes into force from May 20, 2020.

2. This Decree replaces Decree No. 126/2007/ND-CP dated August 1, 2007 of Government on elaborating to Law on Vietnamese Guest Workers.

3. Annuls Decision No. 19/2007/QD-BLDTBXH dated July 18, 2007 of Minister of Labor – War Invalids and Social Affairs on organizational structures of organizing guest worker programs and specialized facilities to provide necessary knowledge prior to working abroad.

4. Annuls parts of following legislative documents:

a) Point 1 and 2 Section IV of program for provision of necessary knowledge for workers prior to working abroad attached to Decision No. 18/2007/QD-BLDTBXH dated July 18, 2007 of Minister of Labor – War Invalids and Social Affairs on program for provision of necessary knowledge for guest workers;

b) Points 1, 2, 3, 4, 5 and 6 Section I Circular No. 21/2007/TT-BLDTBXH dated October 8, 2010 of Ministry of Labor – War Invalids and Social Affairs on elaborating to Law on Vietnamese Guest Workers and Decree No. 126/2007/ND-CP dated August 1, 2007 of Government on elaborating to Law on Vietnamese Guest Workers;

c) Provision on margin for implementation of contracts for organizing guest worker programs in form of internship under Section II of Joint Circular No. 17/2007/TTLT-BLDTBXH-NHNNVN dated September 4, 2007 of Ministry of Labor – War Invalids and Social Affairs and State Bank of Vietnam on management and use of margin deposit of enterprises and margin deposit of guest workers.

Article 36. Implementation

1. Ministers, heads of ministerial agencies, heads of governmental agencies, Chairpersons of People’s Committees of provinces and central affiliated cities, relevant agencies, organizations and individuals are responsible for implementation of this Decree.

2. Ministry of Labor – War Invalids and Social Affairs within their functions and tasks are responsible for organizing and guiding implementation of this Decree./.