International experiences regarding conditions for labour dispatch activities and recommendations for improving vietnamese rules in the context of sustainable development and innovative technologies

Authors

DOI:

https://doi.org/10.23925/2179-3565.2026v17i2e75920

Keywords:

Labour Code, labour dispatch, list of jobs, Innovative technologies, Labour dispatch licence, Experience for Vietnam, Sustainable development

Abstract

The recognition and progressive refinement of the legal framework governing labour dispatch (LD) in Vietnam stem not only from the practical demands of the labour market, but are also closely associated with the selective reference to international standards and legislative experiences from developed jurisdictions worldwide, particularly in the context of sustainable development and innovative technologies. Throughout the evolution of its legal system, the Vietnamese State has consistently maintained a coherent policy approach in researching, formulating, and adjusting the regulatory conditions applicable to LD operations at each stage of legal internalisation, thereby ensuring both compatibility with domestic circumstances and convergence with international practices, while responding to emerging requirements of digital transformation and sustainability. On that basis, this article focuses on analysing the experiences of several representative countries embodying diverse legal models and levels of development, with a view to elucidating the approaches adopted in designing conditions for LD operations in a rapidly changing socio-economic and technological environment. Accordingly, the authors propose a number of recommendations for improving the legal framework governing such conditions, premised on the selective adoption of international experience, while ensuring flexibility, feasibility, and alignment with the practical development of Vietnam’s labour market in the era of sustainable and innovation-driven growth.

Downloads

Download data is not yet available.

References

Federal Republic of Germany. (2017). Act on labour dispatch (as amended).

Government of Vietnam. (2020). Decree No. 145/2020/ND-CP dated February 14, 2020, detailing and guiding the implementation of a number of articles of the Labour Code on working conditions and labour relations.

Mai, D. T. (2010). Labour dispatch activities in Vietnam: Current situation and the need for legal regulation. Labour and Social Affairs Journal, (374).

Ministry of Labour, Invalids and Social Affairs. (2011). Research materials on labour dispatch. Labour – Social Affairs Publishing House.

National Assembly of Vietnam. (2012). Labour Code 2012.

National Assembly of Vietnam. (2019). Labour Code 2019.

Nguyen, T. B. (2023). Conditions for labour dispatch activities under the law of the International Labour Organization and selected countries: Lessons for Vietnam. Vietnam Journal of Legal Sciences, 9(169).

Ordinance No. 29-SL. (1947, March 12). Issued by the President of the Government of the Democratic Republic of Vietnam.

People’s Republic of China. (2007). Labour Contract Law (amended 2012).

Republic of Korea. (1998). Act No. 5512 on the protection of dispatched workers (as amended).

Republic of Korea. (n.d.). Enforcement Decree of the Act on the Protection of Dispatched Workers.

Wang, Z. (2013). Tort liability of dispatched workers. Legal Science, (2). http://www.chineselaw.com/article/default.asp?id=3063

Downloads

Published

2026-09-03