Quyết định 12/2020/QĐ-TTg 2020 thí điểm ký quỹ đối với người đi làm việc tại Hàn Quốc

DECISION

On piloting deposit applicable to migrant workers to South Korea in accordance with the Employment Permit System of South Korea

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Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Vietnamese Guest Workers under Contract dated November 29, 2006;

Pursuant to the Government s Decree No. 138/2016/ND-CP dated October 01, 2016, on promulgating the Working Regulation of the Government;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Prime Minister hereby promulgates the Decision on piloting deposit applicable to migrant workers to South Korea in accordance with the Employment Permit System of South Korea.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision provides regulations on piloting deposits and loan support to make deposit applicable to migrant workers to South Korea in accordance with the Employment Permit System of South Korea (hereinafter referred to as the EPS Program), refund and handling of deposits, management and use of deposits after remitting to the State budget.

Article 2. Subjects of application

1. The migrant workers to South Korea in accordance with the EPS Program.

2. The Center of Overseas Labor of the Ministry of Labor, War Invalid and Social Affairs.

3. The Vietnam Bank for Social Policies.

4. Other agencies, organizations, and individuals related to the migrant workers to South Korea in accordance with the EPS Program.

Chapter II

PERFORMING DEPOSIT, SUPPORTING LOAN CAPITAL TO MAKE A DEPOSIT

Article 3. Performing deposit

1. A migrant worker before going to work in South Korea in accordance with the EPS Program must make a deposit to ensure the performance of the contract, return home on time after the termination of the labor contract.

2. The deposit amount is VND 100,000,000 (one hundred million).

Article 4. Time of deposit, bank deposit and term of deposit

1. Within 35 days from the date on which the contract of sending the migrant worker to South Korea under the EPS Program is signed by the worker and the Center of Overseas Labor, such worker shall make a deposit at the local Social Policy Bank where the worker registers permanent residence.

2. A term of deposit is 05 years and 06 months.

Article 5. Loan support to make a deposit

1. A worker who is entitled to borrow capital from the Vietnam Bank for Social Policies to work abroad and has the demand for a loan shall be lent up to VND 100,000,000 (one hundred million) at the Vietnam Bank for Social Policies to make a deposit without making loan guarantees.

2. The Vietnam Bank for Social Policies shall agree with the worker in the credit contract about loan terms, the payment of principal debt and interest rate.

3. The lending interest rate shall be in accordance with the interest rate provided by the Vietnam Bank for Social Policies for labors working abroad under contracts according to each subject.

Article 6. Deposit contract and deposit notice

1. The migrant worker and the Social Policy Bank receiving the deposit shall sign the deposit contract in accordance with this Decision and other current relevant regulations. Such contract must clearly state full name, address of the legal representative of the receiving bank; full name of the worker and the authorized person (if any), place of permanent residence, current place of residence, the purpose of deposit, deposit amount, interest rate of deposit, opening and use of deposit account, the refund of deposit, handling of deposit, responsibility of the parties including debt repayment to make deposits to workers who borrow money at the Vietnam Bank for Social Policies and other lawful agreements.

2. The Bank for Social Policies receiving deposit shall be responsible for providing the worker 01 original copy of the deposit contract. Within 05 working days from receiving the deposit, the Bank for Social Policies shall notify the List of depositing workers for the Center of Overseas Labor to carry out procedures for workers leaving to work in South Korea.

Chapter III
REFUND OF DEPOSIT

Article 7. Cases are refunded deposit

1. Deposit (including principal and interest) of the workers shall be refunded in the following cases:

a) The worker does not go to work in South Korea after making a deposit;

b) The worker returns home on time after the termination of the labor contract (including completing the contract or terminating the contract before its term); or being repatriated without falling into the cases as prescribed in Clause 1, Article 10 of this Decision;

c) The worker converts a lawful residence visa in Korea;

d) The worker is dead or missing according to regulations of law during the working period under the contract.

2. A worker shall be refunded the deposit after the liquidation of the contract of sending worker abroad with the Center of Overseas Labor in accordance with Article 8 of this Decision.

Article 8. Contract liquidation application and refund of deposit

1. For cases as prescribed in Point a, Clause 1, Article 7 of this Decision:

A written request for refund of the deposit made according to Form No. 01 attached to this Decision.

2. For cases as prescribed in Points b and c, Clause 1, Article 7 of this Decision:

a) A written request for refund of the deposit made according to Form No. 02 attached to this Decision;

b) A certified copy of the worker’s passport;

c) The certification about the worker s return plan of the Korean authorities or other documents in accordance with Korean legal provisions for each case as prescribed in Point b; a notarized or certified copy of the new Korean residence card for the cases specified in Point c, Clause 1, Article 7 of this Decision.

3. For cases as prescribed in Point d, Clause 1, Article 7 of this Decision:

a) A written request for refund of deposit of the lawful heir or a person authorized by the lawful heir in accordance with law provisions made according to Form No. 03 attached to this Decision;

b) Papers proving the identity and status of the lawful heir of the worker who has died or gone missing in accordance with regulations of law;

c) A notarized copy of the Death Extract (if the worker was dead) or a notarized copy of the court s statement on the worker s missing (if the worker went missing) or other documents in accordance with regulations of law.

Article 9. Order and procedures for the contract liquidation and refund of deposit

1. A worker as prescribed in Points a, b and c, Clause 1, Article 7 of this Decision and his/her lawful heir as prescribed in Point d, Clause 1, Article 7 of this Decision shall apply for contract liquidation and refund of deposit (directly or via the post office) to the Center of Overseas Labor.

2. Within 15 working days from the date on which the sufficient and valid application is received, the Center of Overseas Labor shall verify and send a Record of contract liquidation to the worker or his/her lawful heir and notify in writing to the Vietnam Bank for Social Policies for completing procedures for the refund of deposit and settlement of deposit account for the worker or his/her lawful heir. Such a Record must clearly state the refund of deposit. In case the contract is not liquidated, a written reply shall be sent to the worker or his/her lawful heir with clear reasons.

3. A worker or his/her lawful heir shall submit the Record of contract liquidation to the Bank for Social Policies receiving deposit for the settlement of deposit account.

Within 03 working days from the date on which the sufficient application is received, the Bank for Social Policies receiving deposit shall refund the deposit (including the principal and interest) for the worker or his/her lawful heir.

Chapter IV
HANDLING DEPOSIT

Article 10. Handling deposit

1. Deposit (including principal and interest) of the workers shall be refunded in the following cases:

a) The worker fleeing from his/her working place under the contract (including fleeing immediately after coming to South Korea);

b) The worker remains in South Korea illegally after the termination of the labor contract (including the completion of the contract or terminating before its term) and the expiration of his/her residence.

2. For the deposit amount not borrowed from the Vietnam Bank for Social Policies, the deposit (including principal and interest) of the worker as prescribed in Clause 1 of this Article shall be remitted to the State budget of the province where he/she registered as the permanent residence before going to work in South Korea.

3. For the deposit amount borrowed from the Vietnam Bank for Social Policies, the deposit (including principal and interest) of the worker as prescribed in Clause 1 of this Article shall be handled in the following order:

a) To be paid for the loans from the Vietnam Bank for Social Policies (the Vietnam Bank for Social Policies shall collate the worker’s debt payment and debt deduction from the worker s deposit account);

b) The remaining amount of money shall be remitted to the State budget of the province where such worker registered as his/her permanent residence before going to work in South Korea after repaying the Vietnam Bank for Social Policies loan

Article 11. Order and procedures for handling deposit

1. On a monthly basis, the Center of Overseas Labor shall publicize on its website the List of workers in the cases specified in Clause 1, Article 10 of this Decision; at the same time, send information to the Department of Labor, War Invalids and Social Affairs where the worker registered as his/her permanent residence before going to work in South Korea for inspection and verification.

2. Within 40 working days from the date of notifying of the Center of Overseas Labor, if the worker does not respond and the Department of Labor, War Invalids and Social Affairs has no different verification result, the Center of Overseas Labor shall unilaterally liquidate the contract for sending a worker to work abroad. And concurrently, notify in writing (for each worker) to the Bank for Social Policies and the Department of Labor, War Invalids and Social Affairs where the worker registered as his/her permanent residence before going to work in South Korea about the worker in the cases specified in Clause 1, Article 10 of this Decision, together with relevant information and electronic data which is made in accordance with Form No. 04 attached to this Decision.

3. Within 10 working days, from the date of receiving the Center of Overseas Labor’s notification, the Department of Labor, War Invalids and Social Affairs shall notify the worker and his/her family.

4. Within 10 working days, from the date of receiving the Center of Overseas Labor s notification, the Vietnam Bank for Social Policies shall notify its branches and transaction offices where receive deposit for carrying out the settlement of the worker’s deposit account and handling the deposit in accordance with Clauses 2 and 3, Article 10 of this Decision. At the same time, to notify the Department of Labor, War Invalids and Social Affairs.

Chapter V

MANAGEMENT AND USE OF DEPOSIT AFTER REMITTING TO THE STATE BUDGET

Article 12. Management and use of deposit

The deposit after being remitted to the provincial State budget that is entitled to manage and use it according to regulations of the law on State budget to support the employment policies and sending worker abroad, including propaganda, dissemination of policies and laws, capacity building training; management, inspection, supervision, and other local activities and policies.

Article 13. Expenditures

1. Expenditures on professional training, capacity building, preliminary and general review of employment and activities of sending workers to work abroad. Content and expenditures shall comply with current regulations on working-trip allowances and conference regimes applicable to state agencies and public non-business units.

2. Expenditures on information and propaganda on labor policies, jobs, and activities of sending workers to work abroad.

a) Expenditures on publishing, editing and putting the contents of programs on the mass media (radio, television, print newspaper, websites, and magazines); expenditures on building, buying, duplicating and distributing communication products: Comply with current regulations on bidding, in case of failure to meet bidding requirements, the following methods shall be applied: Order, assigning the tasks of public service provision; paying royalties for the authors and copyright owners, paying remuneration for participants in work related to press works, publications, document collectors, and information providers for the creation of press works and publications for propagation in accordance with current regulations on royalty regimes in the field of journalism.

b) Expenses for organizing propaganda and counseling sessions for workers going to work abroad and their relatives to mobilize them to return home on time include: Hiring consultants, locations, tables, chairs, loudspeakers and other necessary equipment, refreshments for mid-attendees; materials for consulting activities and seminars. The expenditures shall be spent according to the reality and current State regulations on the working-trip allowances and conference regimes.

3. Expenses for consultancy, job recommendation, training and fostering for workers going to work abroad to return home.

a) To consult and provide employees and jobs information; provide free career counseling for workers;

b) Expenses for training and fostering in-country knowledge about starting up and managing enterprises for workers who go to work abroad on returning home and need to set up enterprises. Content and expenditures shall comply with current regulations on the use of funding from the State budget for training and fostering cadres and civil servants.

4. Expenditures on inspection, supervision, and evaluation: Content and expenditures shall comply with current regulations for the inspection of the policy, strategy, master plan, and plan implementation.

For inter-sector and inter-agency evaluation, inspection and supervision missions: Agencies and units presiding over the working missions shall be responsible for expenses for the working trips according to the prescribed regime (travel expenses for cars, accommodation allowances, rent for the accommodation of destination places and luggage, documents-carrying fees) for team members. In order to avoid duplication of expenses, the agency or unit presiding over the working mission shall notify in writing (in the invitation letter or appointment) to the agency or unit sending the person on a business trip not to pay such expenses.

Article 14. Estimation and settlement

1. Annually, based on the deposit amount remitted into the State budget of the previous year and estimated to implement the current year, the Department of Labor, War Invalids and Social Affairs shall make a budget estimate to support employment and send workers going to work abroad in the locality of the plan year, summarizing them in the budget revenue and expenditure estimates of the agency and submitting them to the Finance Department for submission to the competent authorities for consideration and decision.

2. The Department of Labor, War Invalids and Social Affairs shall make the budget settlement in accordance with provisions of the law on State budget and accounting.

Chapter VI
IMPLEMENTATION ORGANIZATION

Article 15. Transitional provisions

1. The deposit amount of workers specified in Points a and b, Clause 2, Article 1 of the Prime Minister s Decision No. 1465/QD-TTg dated August 21 on piloting deposit applicable to migrant workers to South Korea in accordance with the Employment Permit System of South Korea and the deposit of workers who have converted the Korean residence visas shall comply with Articles 7, 8 and 9 of this Decision.

2. The deposit amount of workers specified in Points c and d, Clause 2, Article 1 of the Prime Minister s Decision No. 1465/QD-TTg dated August 21, 2013, which has not been handled yet shall comply with Clauses 2 and 3, Article10 and Article 11 of this Decision.

Article 16. Responsibilities of agencies and units

1. The Ministry of Labor, War Invalids and Social Affairs shall

a) To propagandize, disseminate and provide legal education related to workers working abroad under contracts and regulations of Vietnam and South Korea on the EPS Program.

b) To monitor and supervise the contract performance of the workers.

c) To decide the settlement of workers’ deposit in accordance with this Decision and notify banks for implementation.

2. The Ministry of Finance shall coordinate with the Ministry of Labor, War Invalids and Social Affairs to examine the management and use of deposit after remitting to the State budget.

3. The Vietnam Bank for Social Policies shall

a) To guide the process, procedures, and implementation of the workers deposit and guide the process, procedures for lending to make a deposit for workers who are entitled to borrow capital from the Vietnam Bank for Social Policies.

b) To manage and handle the workers’ deposit in accordance with this Decision and relevant laws.

c) Every six months and annually, to report the management and settlement of the workers’ deposit including the workers who borrow capitals to make deposit and send the Ministry of Labor, War Invalid and Social Affairs.

4. Provincial/municipal People s Committees shall

a) To direct the affiliated agencies and People s Committees to organize propaganda, information and advice for workers to comply with regulations of law on workers working abroad under the contract, Vietnamese and Korean regulations on the EPS Program.

b) To formulate and promulgate policies to encourage the workers working in South Korea to comply with their contracts, return home on time; and mobilize the workers who illegally live and work in South Korea to return home voluntarily.

c) To guide the workers to make their deposit in accordance with regulations.

d) To manage and use the workers’ deposit after remitting to the provincial State budget for the right purposes in accordance with this Decision and current regulations.

Article 17. Effect

This Decision takes effect from May 15, 2020, until the Law on Vietnamese guest workers under contract (amended) takes effect.

This Decision replaces the Prime Minister s Decision No. 1465/QD-TTg dated August 21, 2013, on piloting deposit applicable to migrant workers to South Korea in accordance with the Employment Permit System of South Korea and repeals the Joint Circular No. 31/2013/TTLT-BLDTBXH-BTC dated November 12, 2013, on providing guidelines to implement the Prime Minister s Decision No. 1465/QD-TTg dated August 21, 2013, on piloting deposit applicable to migrant workers to South Korea in accordance with the Employment Permit System of South Korea.

Article 18. Implementation provisions

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairperson of People s Committees of provinces and centrally-run cities, General Director of the Vietnam Bank for Social Policies and concerned agencies, organizations and individuals shall be responsible for the implementation of this Decision./.

Appendix

(Issued together with the Prime Minister’s Decision No. 12/2020/QD-TTg dated March 31, 2020)

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Form No. 01

THE SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

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REQUEST FOR REFUND OF DEPOSIT

To: The Center of Overseas Labor.

Full name (uppercase) .........................................................................

Date, month and year of birth;.............................................................

Identity card/Citizen identification card/Passport number: date of issuance .................... issuing authority.................

Registered permanent residence:...........................................................

Current residence address:....................................................................

Contact number: …………………Relatives’ phone number:.....................

I. SUBJECTS OF LABOR AND REASON FOR REFUND OF DEPOSIT(Labors tickVin box □):

II. DEPOSIT ACCOUNT INFORMATION

Making a deposit at the Vietnam Bank for Social Policies:..................

Deposit account number:......................................................................

I hereby declare that the above information is absolutely true.

Please carry out the procedures so that I can get my deposit back.

Form No. 02

THE SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

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REQUEST FOR REFUND OF DEPOSIT

To: The Center of Overseas Labor.

Full name (uppercase) .........................................................................

Date, month and year of birth;..................................................................

Identity card/Citizen identification card/Passport number:............. date of issuance ....... issuing authority.......................................................................................

Registered permanent residence:..........................................................

Current residence address:...................................................................

Contact number:...................... Relatives’ phone number:...................

I. SUBJECTS OF LABOR(Labors tickVin box □):

II. DEPOSIT ACCOUNT INFORMATION

Making a deposit at the Vietnam Bank for Social Policies:.................

Deposit account number:.....................................................................

I hereby declare that the above information is absolutely true.

Please carry out the procedures so that I can get my deposit back.

Form No. 03

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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REQUEST FOR REFUND OF DEPOSIT

To: The Center of Overseas Labor.

A. Information about the labor s lawful heir

Full name (uppercase)         Date, month and year of birth:.................

Registered permanent residence:..........................................................

Identity card/Citizen identification card: date of issuance…......... issuing authority .........................................................................

Contact number:..................................................................................

Relationship with the labor (spouse, child, father, mother, brother, sister, sister, etc.): ...

B. Labor s information

Full name (uppercase) .........................................................................

Date, month and year of birth:.............................................................

Identity card/Citizen identification card/Passport number: date of issuance ....... issuing authority.................

Registered permanent residence:..........................................................

I. SUBJECTS OF LABOR (Labors tick V in box □):

II. DEPOSIT ACCOUNT INFORMATION

Making a deposit at the Vietnam Bank for Social Policies:..................

Deposit account number:.....................................................................

I hereby declare that the above information is absolutely true.

Please carry out the procedures so that I can get my deposit back.

Form No. 04

NOTICE

on handling deposit for working in South Korea under the EPS Program of Mr. (Ms.)...

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To:

- The Department of Labor, War Invalids and Social Affairs of..............

- The Headquarters of the Vietnam Bank for Social Policies.

Pursuant to the Prime Minister s Decision No.   /2020/QD-TTg dated ..../..../2020 on piloting deposit applicable to migrant workers to South Korea in accordance with the EPS Program.

Pursuant to the Contract of sending workers to South Korea under the EPS Program No. .... dated ..../..../.... between the Center of Overseas Labor and Mr. (Ms.)      ;

Pursuant to the Notice of the Human Resources Development Service of Korea about the implementation of the labor contract of Mr. (Ms.) .........................;

The Center of Overseas Labor and the Ministry of Labor, War Invalid and Social Affairs hereby notify about handling deposit of:

Mr. (Ms.): Date of birth.............

Passport number:.................... ; issuing date:      /         /         ;

Place of permanent residence before going to work in South Korea:....

……………………………………………………………………………

Handling reason:Illegally fleeing the workplace under the labor contract/staying in South Korea after the termination of the labor contract and expiry of the residence

Attached documents:............................................................................

Please carry out the necessary procedures according to the regulations to handle the above-mentioned deposit and notify the result to the Ministry of Labor, War Invalids and Social Affairs./.