Thông tư liên tịch 01/2005/TTLT-BCA-BLDTBXH

JOINT CIRCULAR

NO. 01/2005/TTLT-BCA-BLĐTBXH OF THE MINISTRY OF PUBLIC SECURITY – THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS DATED JANUARY 18, 2015 ON PROVIDING GUIDANCE ON PREVENTION AND ACTIONS AGAINST OFFENCES IN THE LABOR EXPORT SECTOR

Pursuant to the Government’s Decree No. 81/2003/NĐ-CP dated July 17, 2003 on adopting specific provisions and providing guidance on implementation of the Labor Code under which Vietnamese overseas workers are governed (hereinafter referred to as the Decree No. 81/2003/NĐ-CP) the Ministry of Public Security and the Ministry of Labor, War Invalids and Social Affairs have agreed about guidance on prevention and actions against offences in the labor export sector as follows:

I. GENERAL PROVISIONS

1. Ministries, departments and the People’s Committees of all levels, organizations and enterprises shall be obliged to share the same responsibility for preventing and controlling offences in the labor export sector, out of which both departments of Public Security and Labor, War Invalids and Social Affairs shall take up the key role.

2. Organizations or individuals engaged in the labor export sector must comply with laws, be subject to management and inspection carried out by competent affiliates of the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security and other competent authorities as stipulated by laws.

3. All of the offences in the labor export sector shall be prevented and suppressed with particular attention paid to the following acts:

a. False use of labor export activities for the purpose of committing fraudulent acts;

b. False use of labor export activities for the purpose of illegally sending employees abroad;

c. Illegal selection of employees, training, money collection and acts of sending Vietnamese employees abroad;

d. Unilateral termination of valid employment contracts that Vietnamese employees working abroad have carried out;

dd. Acts of enticing Vietnamese employees working overseas to leave their workplaces without permission;

e. Counterfeiting of documents or abuse of power to falsely certify documents required to apply for permit for overseas labor export;

g. Vietnamese employee’s commission of violations against laws adopted by host countries, which can cause impact on political and diplomatic relationship between two countries;

h. Illegal acts of protesting against labor export policies of Vietnam's government, committed by several Vietnamese individuals or organizations in overseas countries;

4. All of the offences against regulations of law on labor export shall face disciplinary actions, administrative penalties, or criminal prosecution, depending on the nature and severity of such offences.

II. SPECIFIC PROVISIONS

1. Responsibility of the Public Security agencies:

Responsibility of the Ministry of Public Security:

a. Direct police forces of all levels to thoroughly grasp the current status of specific enterprises, organizations and individuals engaged in the labor export with the intent to immediately detect any organization or individual committing violations against the labor export.

- Designate the General Department of Security (Department of Economic Security Protection) and General Department of Police (Bureau of Investigation Police) to receive information and documents provided by institutions, organizations and individuals about any offence relating to the labor export which are aimed at cooperating with police forces from the central to local level in investigation and solution within their delegated power;

- Designate the General Department V to thoroughly grasp the current status of Vietnamese employees working overseas, send a report to the Ministry of Public Security in a timely manner and confer with Ministries and agencies concerned about applicable laws and policies in countries where these Vietnamese employees are working; cooperate with competent authorities in excelling at the work of protecting lawful rights and interests of Vietnamese employees working overseas; advise Vietnam’s overseas representative offices on dealing with any issue that Vietnamese employees have to face to cope with the host country’s laws;

- Designate the Department of Immigration Management to provide information (on the periodical or on-demand basis) about the number of employees that enterprises have exported or imported through bordergates and any relevant matter to the Department of Overseas Labor – the Ministry of Labor, War Invalids and Social Affairs.

b. Cooperate with Ministries, departments and governmental bodies in propagating and developing the campaign for the public involvement in prevention, control and denunciation of crimes in the labor export.

c. Confer with the Ministry of Labor, War Invalids and Social Affairs about:

- Any offence against regulations on labor export activities of enterprises that obtain permits for export of employees to overseas countries after having been detected and subject to legal actions;

- Current assessment and result of performing legal actions against offences in the labor export that organizations or individuals under their delegated authority have committed;

- Frauds or deceptive methods practiced by labor export organizations or individuals after being detected and subject to legal actions by the Ministry of Public Security, which are connected with the power of departments of Labor, War Invalids and Social Affairs to carry out their state management tasks.

- Any irrationality or restriction of polices and regulations that must be revised and adjusted; any defects or hindrance that governmental agencies or organizations has created during their state management of labor export.

1.2. Responsibility of local police departments:

a. Detect offences against regulations on the labor export by means of their management of household records, confirmation of police reports and management of immigration

b. In cooperation with relevant governmental bodies, agencies and enterprises that have obtained permits for labor export, generate forms and methods of propagating and developing campaigns for people's participation in prevention, control and denunciation of criminals and illegal acts relating to the labor export.

c. Detect, inspect and take legal actions against any organization or individual, network of fraudsters who illegally send Vietnamese employees abroad.

d. Aggregate and compile data for a periodic report (on tri-monthly, biannual and annual basis) and spontaneous reports on offences against regulations on the labor export in the areas under their management, which shall be then submitted to the Ministry of Public Security.

2. Responsibility of competent authorities of Labor, War Invalids and Social Affairs:

2.1. Responsibility of the Ministry of Labor, War Invalids and Social Affairs:

a. Direct enterprises, who have obtained permits for labor export, to comply with laws; strictly supervise activities relating to an enterprise’s labor export; detect, prevent and take immediate legal actions against offences that staff and employees of an enterprise as well as other organizations or individuals concerned have committed in the labor export sector.

b. Regularly examine and inspect enterprises who have obtained permits for labor export, and organizations or institutions that get involved in sending Vietnamese employees overseas.

When necessary, cooperate with the Ministry of Public Security in inspecting the compliance of the aforesaid organizations and individuals with laws and regulations on labor export.

c. Liaise with the Ministry of Public Security while verifying and collecting information and documents necessary for investigation and handling of any case relating to the labor export.

d. Handle any violation against laws on the labor export within their delegated authority.

dd. Keep sufficient budget and equipment available to cooperate with police forces upon request.

e. Provide the Ministry of Public Security with the following information and documents:

- List of enterprises that have obtained permits for labor export from the Ministry of Labor, War Invalids and Social Affairs as well as their subsidiaries that are directly charged with the task of labor export;

- Labor export enterprises that are subject to administrative penalties, contract or operation suspension, or permit revocation;

- Legal documents and directives issued by the Ministry of Labor, War Invalids and Social Affairs about labor export activities;

- Letters of denunciation of fraudulent acts and signs of violation against laws on labor export.

2.2. Responsibility of the local authority of Labor, War Invalids and Social Affairs:

a. Cooperate with mass media agencies in improving locals’ awareness of the Communist Party’s policies, laws on the labor export, providing information about enterprises who have obtained permit for labor export; publicize labor export frauds, fraudsters and their tricks that have been detected at their localities in order for labor exporters and the public to be warned of these criminals.

b. Regularly examine and grasp operating activities of enterprises who have obtained permits for labor export, and training centers for overseas employees located at their localities.

c. Work closely with the local police to regularly inspect, detect and prevent any offence against laws on labor export that takes place at their localities.

d. Intensify the work of managing foreigners who get involved in the labor export at their localities.

dd. Provide the police departments with denunciation letters and any other information relating to domestic or overseas organizations or individuals who commit any offence in the labor export field at their localities.

c. Impose any proper penalty on organizations or individuals committing offences in the labor export field within their delegated authority as stipulated by laws.

3. Cooperation between the Public Security and Labor, War Invalids and Social Affairs:

- The Ministry of Public Security shall assign the General Department of Security (directly and the Department of Economic Security Protection) and the Ministry of Labor, War Invalids and Social Affairs shall assign the Department of Overseas Labor to become the Standing Agency to assist the management of both Ministries in implementing this Circular.

The Police of a centrally-affiliated city or province shall assign the Division of Economic Security Protection and the Department of Labor, War Invalids and Social Affairs shall assign their competent affiliates to become the Standing Agency to assist both managements in implementing this Circular.

The Standing Agency of both Ministries shall be responsible for cooperating with each other in making report on current situations, exchanging experience and requesting both managements to provide their guidance on doing any necessary work. Both Ministries shall organize preliminary meeting about cooperation in preventing and controlling offences in the labor export every two years.

- Cooperation in providing information and documents between the Ministry of Public Security and the Ministry of Labor, War Invalids and Social Affairs as stipulated by this Circular shall be regularly required and demanded by each.

4. Responsibility of Ministries, departments and People’s Committee of centrally-affiliated cities or provinces and unions of labor export enterprises (hereinafter referred to as governing agencies):

These governing agencies shall direct and manage labor export affiliates to ensure that they comply with laws on the labor export; closely cooperate with the Ministry of Public Security and the Ministry of Labor, War Invalids and Social Affairs in prevention and control of offences in the labor export sector.

The People’s Committee of a centrally-affiliated city or province shall be responsible for directing local Police departments and agencies of Labor, War Invalids and Social Affairs to cooperatively take preventive and controlling measures against offences in the labor export sector in accordance with regulations laid down in this Circular.

III. IMPLEMENTATION

1. This Circular shall become effective after 15 days from the date on which this Circular is published on the Official Gazette. All of the previous regulations introduced by the Ministry of Public Security and the Ministry of Labor, War Invalids and Social Affairs in breach of this Circular shall be invalidated.

2. In the course of implementation, if there is any difficulty that may arise, agencies or organizations concerned shall be advised to consult with the Ministry of Public Security and the Ministry of Labor, War Invalid and Social Affairs about any possible solution.