The Ministry of Home Affairs is seeking comments on the draft Law amending and supplementing a number of articles of the Law on Vietnamese Workers going to work abroad.
The amendment of the Law stems from the fact that after 5 years of implementation, some limitations and difficulties have arisen that are not suitable for reality.
According to current regulations, the Law only regulates branches, not covering units that are business locations, this may be a "loophole" for subjects to take advantage of to organize disguised labor recruitment.
Therefore, in the draft Law, the Ministry of Home Affairs proposes to expand the scope of regulation from branches to business locations assigned to provide services to send Vietnamese workers to work abroad.
Supplementing the responsibility of reporting and updating information about branches and business locations on the Database System on Vietnamese workers going to work abroad, forming a public and transparent information base for workers to look up online.
In addition, it is very necessary to improve the responsibility and quality of service businesses and remove bad businesses from the system. Currently, the licensing conditions in the provisions of the Law have not yet prevented the situation where businesses with serious violations are handled and their licenses are revoked to "circumvent the law" to continue operating.
According to the Ministry of Home Affairs, the past time has shown that there are cases where owners, members, shareholders, and legal representatives of enterprises whose licenses have been revoked due to legal violations continue to establish new enterprises, or stand in the name of other enterprises, even keeping the old name and old apparatus to apply for new licenses, affecting the business environment and the rights of employees.
Therefore, the draft Law has proposed to amend and supplement a number of regulations on conditions for issuing licenses for service activities to send Vietnamese workers to work abroad under contracts.
Accordingly, in addition to the conditions as currently regulated, enterprises are granted a license to operate services to send Vietnamese workers to work abroad under contract when they are not in a case where the license has been revoked within 5 years from the date of the license revocation decision to the time of requesting issuance.
The legal representative, owner, member, shareholder of the enterprise at the time of requesting a license is not the legal representative, owner, member, shareholder of the enterprise at the time of license revocation within 5 years, from the date that enterprise has a decision to revoke the license to the time of requesting a license.
In addition, supplement regulations that enterprises have a sufficient number of professional staff meeting the conditions according to the Government's regulations, to implement the contents of regulations in order to create a legal basis to clearly stipulate the qualifications and qualifications for professional staff of enterprises.
