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April 3, 2020, the Government issued Decree No. 38/2020/ND-CP detailing the implementation of the Law on Vietnamese laborers going to work abroad under contracts (“Decree 38/2020/ND-CP”). Decree 38/2020/ND-CP details about areas and lists of jobs that workers laborers are not allowed to work abroad. Specifically:
Areas that laborers are not allowed to work abroad
The areas are at wars or at risk of wars;
The areas are contaminated;
The areas are poisoned;
The areas are at particularly dangerous epidemics.
(Article 3 of Decree 38/2020/ND-CP)
Lists of jobs that laborers are not allowed to work abroad:
Massaging in the restaurants, hotels or entertainment centers;
The work must be in constant contact with explosives, toxic substances in the metallurgy of non-ferrous metals (copper, lead, mercury, silver and zinc), regular contact with manganese, mercury dioxide;
The work must be in contact with open radioactive sources, exploiting radioactive ores of all kinds;
The production and packaging must be in constant contact with the chemicals of nitric acid, sodium sulfate, carbon disulfide, pesticides, herbicides, rat poison, antiseptic, and anti-termite with strong toxicity;
Hunting for wild animals, crocodiles and sharks;
Regular work in places where there is lack of air, high pressure (underground, in the ocean);
Shrouding, burial corpses, cremating corpses, exhuming graves.
(Appendix I of Decree 38/2020/ND-CP)
The contents related to the areas and lists of jobs that laborers are not allowed to work abroad under Decree 38/2020/ND-CP will replace the previous adjusted contents in Decree 126/2007/ND-CP.
Decree 38/2020/ND-CP takes effect from May 20, 2020.