Time when businesses are allowed to collect fees for training workers to work abroad

CAO NGUYÊN |

The law stipulates that businesses are only allowed to collect training fees when workers are recruited by foreign countries, and have signed contracts to send them to work.

On August 24, with 476/477 delegates participating in the vote in favor, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Vietnamese Workers going to work abroad under contract.

Before voting, the National Assembly listened to Member of the Party Central Committee, Minister of Home Affairs Nguyen Tien Hai presenting a report on receiving, explaining and revising the draft law.

The Minister said that in Clause 4, Article 1 amending Article 7, regulations have been added on acts of fraud to appropriate property of employees.

At the same time, supplement regulations prohibiting collection of service fees and fees from employees that are not in accordance with the law to ensure the legitimate rights and interests of employees.

And in Clause 8, Article 1, amending Article 18 on preparing labor sources in the direction of transparency of revenues from employees during the time of preparing sources, shown in the document the enterprise signed with employees on participating in preparing labor sources.

Accordingly, the document must include contents such as training fees, professional skills training, foreign languages and other fees (if any).

The law also clearly stipulates the time when businesses are allowed to collect fees for vocational skills and foreign language training when workers have been recruited and signed contracts by foreign countries.

This is to ensure clarity and strictness in the preparation of labor sources before going to work abroad.

Also according to Minister Nguyen Tien Hai, Clause 9, Article 1 amending and supplementing Article 21 of Law No. 69/2020/QH14 stipulates contracts for sending Vietnamese workers to work abroad.

The Law has supplemented the main contents of the contract including: revenues from employees; deposits; conditions for unilateral contract termination and dispute resolution, compensation for damages.

Ủy viên Trung ương Đảng, Bộ trưởng Bộ Nội vụ Nguyễn Tiến Hải. Ảnh: Quochoi.vn
Member of the Party Central Committee, Minister of Home Affairs Nguyen Tien Hai. Photo: Quochoi. vn

Along with that, the Law assigns the Minister of Home Affairs to stipulate the model contract for sending Vietnamese workers to work abroad, and fees from workers.

The adjustment aims to increase publicity and transparency about costs, strengthen protection for workers in the negotiation process, and at the same time create a basis for overall control of business revenues, limiting extra-regulation collection or changing the name of revenues that are detrimental to workers.

Clause 10, Article 1 amends and supplements Article 26 on the rights and obligations of service enterprises in the direction that enterprises are obliged to post and update information on the enterprise's electronic information page in accordance with relevant legal regulations to ensure that information is fully, accurately, and synchronously disclosed with the legal system.

Regarding the authority to resolve procedures for registering contracts to receive trainee labor, the Law has adjusted the authority to resolve this procedure as a professional labor agency under the Provincial People's Committee to ensure consistency with current regulations in accordance with the policy on decentralization and delegation of power.

The law takes effect from March 1, 2027.

CAO NGUYÊN
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