Provincial People’s Committee manages overseas workers
Government Decree 128, which took effect on July 1, introduces several innovations in state management regarding Vietnamese workers going abroad under contracts. It details the decentralization of authority for managing overseas employment to the provincial level, as outlined in Articles 10 and 11.
From July 1, a series of new administrative procedures related to labor export took effect, decentralizing and delegating authority. Photo: Phan Thien.
Specifically, the Provincial People’s Committee is responsible for receiving and issuing documents approving labor preparation for service companies, responding to reports on winning bids and overseas investments, and handling registrations from enterprises sending Vietnamese workers for training abroad for 90 days or more.
They also approve registrations for activities related to sending Vietnamese workers to work as domestic helpers abroad, confirm the list of such workers, handle training deposits, and more.
Previously, these procedures were under the authority of the Department of Overseas Labor Management under the Ministry of Home Affairs (formerly the Ministry of Labor, Invalids, and Social Affairs).
Commune-level People’s Committees now authorized to certify overseas workers
According to Clause 2, Article 10 of Decree 128, the People’s Committee at the commune level, where the worker resides, is responsible for certifying in writing the labor contract registration of workers going abroad under contracts.
The procedure is detailed in Item 3 of Appendix II, which states that workers submit their contract registration applications, and the commune-level People’s Committee certifies within five working days of receiving a valid application. They also report to the provincial People’s Committee and the Ministry of Home Affairs; if certification is denied, a reason must be provided.
This represents a shift from the previous arrangement, where, according to the Law on Vietnamese Guest Workers under Contract and Decree 112/2021/ND-CP, this task was assigned to provincial or central agencies.
It is worth noting that the Ministry of Home Affairs recently decided to announce newly issued and abolished administrative procedures in the field of overseas labor management under its purview. Notably, the Ministry will only perform one administrative procedure: receiving refunds of deposits from enterprises providing services to send workers abroad. In contrast, the provincial and communal People’s Committees will carry out the other procedures.
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