Quyết định 40/2021/QĐ-TTg về Quỹ Hỗ trợ việc làm ngoài nước

DECISION

On the Fund for Overseas Employment Support

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Vietnamese Guest Workers dated November 13, 2020;

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

The Government hereby promulgates the Decision on the Fund for Overseas Employment Support.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision prescribes the establishment, operation, organization, management and use of the Fund for Overseas Employment Support (hereinafter referred to as the Fund); contributions to the Fund by enterprises and workers; expenditures and spending levels for tasks of the Fund as specified in Article 67 of the Law on Vietnamese Guest Workers.

Article 2. Subjects of application

1. Vietnamese guest workers.

2. Vietnamese enterprises providing the service of sending Vietnamese workers abroad as guest workers.

3. Agencies, organizations and individuals involved in the establishment, operation, management, contribution and use of the Fund.

Chapter II

ESTABLISHMENT, OPERATION, ORGANIZATION AND MANAGEMENT OF THE FUND FOR OVERSEAS EMPLOYMENT SUPPORT

Article 3. Establishment of the Fund for Overseas Employment Support

1. To establish the Fund for Overseas Employment Support under the Ministry of Labor, Invalids and Social Affairs in order to support the market development, stabilization and expansion; prevent, minimize and risk management for workers and enterprises; protect legitimate rights and interests of workers.

2. The Fund is headquartered in Hanoi and has its own website.

3. The Fund’s transaction name in English is the Fund for Overseas Employment Support, abbreviated as FES.

Article 4. Legal status of the Fund

1. The Fund is an off-budget state financial fund and operates not for profits.

2. The Fund operates under the model of public non-business units whose current expenditures and investment expenditures are covered by themselves.

3. The Fund has the legal person status, its own seal, must make independent accounting, separate financial statements and may open accounts at the State Treasury and commercial banks lawfully operating in Vietnam in accordance with law.

Article 5. Organizational structure of the Fund

The organizational structure of the Fund consists of the Fund Management Board and Fund Administration Agency.

1. The Fund Management Board consists of 5 members, including Chairperson, Vice Chairperson and members working on a full-time or part-time basis who are appointed, relieved from duty, dismissed, rewarded and disciplined by the Ministry of Labor, Invalids and Social Affairs. The Chairperson of the Fund Management Board is the leader of the Ministry of Labor, Invalids and Social Affairs, Vice Chairperson and other members are representatives of concerned units affiliated to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and representatives of a number of agencies. The Fund Management Board has a working term of 5 years and may be re-appointed.

2. The Fund Administration Agency consists of Director, Deputy Director, Chief Accountant, Professional Department and Fund Office.

3. Tasks and powers of the Fund Management Board

a) The Fund Management Board shall use the Fund Administration Agency’s seal and personnel to perform its tasks and powers in accordance with this Decision;

b) Approving the five-year and annual orientations and plans of the Fund; deciding on the investment plans to ensure efficiency, safety, transparency and approve annual estimates, account-finalization statements of the Fund;

c) Considering, proposing and submitting the Minister of Labor, Invalids and Social Affairs to decide on appointing or dismissing the Fund Director;

d) Deciding on promulgating operation regulations of the Fund Management Board, promulgating operation regulations of the Fund according to the competence;

dd) Approving specific support levels and principles for workers at the request of the Fund Administration Agency within the support framework as prescribed in Article 10, Article 11, Article 12 of this Decision;

e) Deciding on planning, appointment, relief of duty, recruitment, assessment, commendation, discipline, paying salary, bonus, setting aside reward and welfare funds and regimes, policies for the Fund Administration Agency;

g) Inspecting and supervising operations of the Fund Administration Agency in the implementation of policies and laws and execution of the Management Board, ensuring that the support is provided to proper beneficiaries according to strict and consistent procedures;

h) Taking responsibility before the Minister of Labor, Invalids and Social Affairs and the law for the Fund Management Board's decisions.

4. Tasks and powers of the Chairperson of the Fund Management Board

a) Taking responsibility for the Fund Management Board’s works, organizing and assigning tasks for members to perform the Fund Management Board’s tasks and powers;

b) Promulgating decisions and documents under the Fund Management Board's competence on behalf of the Fund Management Board;

c) Convoking and presiding over meetings of the Fund Management Board or consulting members;

d) Submitting the Minister of Labor, Invalids and Social Affairs to appoint, relive of duty, or dismiss the Director, Deputy Director and Chief Accountant of the Fund on behalf of the Fund Management Board;

dd) Organizing the implementation of the Fund Management Board's tasks, monitoring and supervising the implementation of operation orientations and plans, management and operation results of the Fund Director;

e) Performing other tasks as assigned by the Minister of Labor, Invalids and Social Affairs.

5. Tasks and powers of the Vice Chairperson and members of the Fund Management Board

a) Attending the meetings, discussing, proposing and voting about issues of the Fund Management Board;

b) Performing tasks and works assigned by the Fund Management Board and its Chairperson;

c) Performing other rights and obligations under the Fund Management Board's operation regulations.

6. Powers, obligations and responsibility of the Fund Director

a) The Fund Director is the Fund's at-law representative who is appointed or dismissed by the Minister of Labor, Invalids and Social Affairs on the basis of the request of the Chairperson of the Fund Management Board, and works on a full-time or part-time basis, with a working term of 5 years and may be re-appointed;

b) Organizing to run the Fund, reporting the task performance in accordance with decisions of the Fund Management Board, the Ministry of Invalids and Social Affairs;

c) Submitting the Fund Management Board to decide on operation orientations and plans, financial plans, financial statements in accordance with this Decision; organizing the implementation according to the orientations and plans approved by the Fund Management Board;

d) Submitting the Fund Management Board the operation regulations, apparatus organization plan, payroll of the Fund Administration Agency; appointing, dismissing, commending and disciplining the Deputy Director of the Fund, Chief Accountant and other Fund managers in accordance with this Decision;

dd) Formulating and submitting the Fund Management Board to approve the principles and specific support levels applicable to workers as prescribed in Articles 10, 11, 12 of this Decision according to the injury, illness and duration of working abroad as a guest worker;

e) The Fund Director shall make periodic reports on the Fund operation to the Fund Management Board;

g) Recruiting, appointing and dismissing employees within the competence;

h) Providing regulations on functions and tasks of the Professional Department and Fund Office;

i) Performing other rights and obligations according to assignment and authorization by the Chairperson of Fund Management Board and the Minister of Labor, Invalids and Social Affairs in compliance with the Fund's functions and tasks;

k) Observing the law, performing rights and obligations as assigned in this Decision; complying with the Fund Management Board's decisions;

l) Taking responsibility before the Fund Management Board, the Minister of Labor, Invalids and Social Affairs and the law for the assigned and authorized tasks and powers.

7. Responsibility and powers of the Deputy Director of the Fund, Chief Accountant and units affiliated to the Fund

a) The Fund Deputy Director shall assist the Fund Director according to assignment and authorization by the Fund Director; take responsibility before the Fund Director and the law for the assigned or authorized tasks;

b) The Chief Accountant shall organize the implementation of the accounting in accordance with the law on accounting, assist the Fund Director in supervising the Fund's financial operations according to the law on finance and accounting; take responsibility before the Fund Director, the Chairperson of the Fund Management Board and the law for performing the assigned tasks and powers;

c) The Professional Department and Fund Office shall perform their functions and tasks according to the Fund Director's decisions.

8. The Fund shall implement the autonomy regime in terms of human resources, and may decide on working positions and the number of employees in accordance with its functions, tasks and actual situation in the course of implementation. Policies and regimes applicable to employees of the Fund Administration Agency shall comply with the Labor Code, the law on cadres, civil servants and public employees, and relevant laws.

Article 6. Principles of operation, asset and financial management, accounting and audit regimes, financial disclosure

1. The publicity, transparency, economy, efficiency and proper use of finance and assets must be ensured in accordance with law provisions.

2. Revenues of the Fund shall be transferred into its accounts opened at the State Treasury and commercial banks for use and management in accordance with law provisions. The Fund may use a maximum amount of 50% of the Fund remainder in the preceding year to make a time deposit with a maximum term of 3 years at a Vietnamese commercial bank. The deposit, term and bank branch receiving deposit shall be decided by the Fund Director, based on the Fund investment plan approved by the Fund Management Board. The interest rate of such deposit shall be concluded into the annual revenues of the Fund.

3. The receipt, management and use of aids and sponsorships shall comply with law provisions.

4. On an annual basis, the Fund Administration Agency shall make revenue and expenditure estimates of the Fund, frequent expenditure estimates for the Fund's operations and submit them to the Fund Management Board for approval.

5. Collection, spending, account finalization, financial disclosure, and reporting regime shall comply with the Law on Accounting, the Law on the State Budget, and relevant laws.

6. On an annual basis, the operation and audit results shall be publicized on the Ministry of Labor, Invalids and Social Affairs’ e-portal in accordance with law provisions. The fund balance of the preceding year may be carried forward to subsequent years for further use.

7. The management and use of assets shall comply with the law on management and use of assets; and the law on management and use of public property.

Chapter III

FUND CONTRIBUTIONS BY ENTERPRISES AND WORKERS

Article 7. Contributions by enterprises

1. Contributions

Enterprises providing the service of sending Vietnamese workers abroad as guest workers shall contribute VND 150,000/worker/contract to the Fund. Enterprises may conclude these contributions into their expenses for sending workers abroad.

Ground for making contributions is the contracts of sending Vietnamese workers abroad signed between service enterprises and workers.

2. On a monthly basis, enterprises shall contribute in cash or transfer a contribution to the Fund according to the number of their workers working abroad in a month no later than the 10th of the following month.

Article 8. Contribution by workers

1. Contributions

Guest workers shall contribute VND 100,000/person/contract to the Fund.

Ground for making contributions is one of the following contracts or documents:

a) Contracts on sending Vietnamese workers abroad signed between workers and service enterprises or non-business units;

b) Contracts on abroad vocational training signed between workers and enterprises for training, improving qualifications, working skills in other countries;

c) Contracts or written agreements signed between workers and enterprises winning or receiving contracts for overseas constructions or projects that send Vietnamese guest workers abroad;

d) Contracts or written agreements on sending workers abroad signed between workers and Vietnamese organizations or individuals conducting offshore investment;

dd) Labor contracts signed between workers and overseas employers.

2. Workers may directly contribute in cash to the Fund or transfer a contribution to the Fund within 3 days before exiting the country or within 5 working days after receiving the notice of approving the contract registration from the competent State agency, in case of signing labor contracts after exiting the country.

In case the worker makes contribution via an enterprise, organization or individual sending him/her abroad, such organization or individual shall collect and transfer his/her contributions of a month into the Fund’s account, no later than the 10th of the following month.

3. In case the worker makes contribution in cash, the collecting agency, enterprise, organization or individual shall grant him/her a receipt.

Chapter IV

EXPENDITURES AND SPENDING LEVELS FOR THE FUND’S TASKS

Section 1. SUPPORTING VIETNAMESE GUEST WORKERS

Article 9. Principles for supporting workers

1. Workers making full contributions to the Fund shall be entitled to a support in accordance with this Decision. The support shall be applied from the time the workers make contributions to the Fund.

2. For each time of contribution to the Fund, the worker shall receive one-time support for each support content specified in this Decision.

3. Provisions specified in Articles 10, 11, 12 and 13 of this Decision shall only apply to cases arising during the period the workers working abroad under contracts.

4. In case the worker has received support for vocational training from programs, projects or policies covered by the State budget, they shall not be entitled to the support specified in Article 15 of this Decision and vice versa.

5. Support contents from the Fund shall not reduce or change or remove any rights and obligations of the workers or rights and obligations toward the workers of employers or enterprises, organizations sending workers abroad in accordance with the Law on Vietnamese Guest Workers and other laws.

Article 10. Supporting workers who no longer work abroad due to occupational accidents, risks, sicknesses or diseases and have to return home ahead of schedule

1. Support level: from VND 10,000,000/case to VND 30,000,000/case.

2. Workers or persons authorized by workers or their at-law representatives shall send a written request for support (made according to Form provided in Appendix I to this Decision), enclosed with one set of proof dossiers online, directly, via postal service or via enterprises, organizations or individuals sending them abroad to the Fund Administration Agency. A dossier comprises:

a) A copy of the contract liquidation document signed between the worker and the enterprise, organization or individual sending workers abroad, clearly stating reason for return home ahead of schedule; or the employer’s written notice of the termination of contract with the worker due to the above-mentioned reasons;

b) A copy of the worker's health certificate, or other papers proving the worker’s diseases or injuries granted by health authority of the host country;

c) A copy of the worker's passport;

d) A power of attorney (clearly stating authorization contents) or papers proving the at-law representative right according to regulations, in case the authorized person or at-law representative submits dossier.

In case the dossiers are submitted through the enterprise, organization or individual sending workers abroad, such organization or individual shall make a list of workers to be supported, enclosed with their dossiers and send them to the Fund Administration Agency (made according to Form provided in Appendix II to this Decision).

3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and provide support at requests of workers. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 11. Supporting workers who have to return home ahead of schedule due to overseas employers’ dissolution, bankruptcy or downsizing of production activities upon occurrence of natural disasters, epidemics, political instability, wars, economic recession, or other force majeure events

1. Support level: from VND 7,000,000/case to VND 20,000,000/case.

2. Workers or persons authorized by workers or their at-law representatives shall send a written request for support (made according to Form provided in Appendix I to this Decision), enclosed with one set of proof dossiers online, directly, via postal service or via enterprises, organizations or individuals sending them abroad to the Fund Administration Agency. A dossier comprises:

a) A copy of the contract liquidation document signed between the worker and the enterprise, organization or individual sending workers abroad, clearly stating reason for return home ahead of schedule; or the employer’s written notice, or a document of the Vietnamese representative mission in the host country made according to the worker's request for certifying the employer's contract termination due to the above-mentioned reasons;

b) A copy of the worker's passport;

c) A power of attorney (clearly stating authorization contents) or papers proving the at-law representative right according to regulations, in case the authorized person or at-law representative submits dossier.

In case the dossiers are submitted through the enterprise, organization or individual sending workers abroad, such organization or individual shall make a list of workers to be supported, enclosed with their dossiers and send them to the Fund Administration Agency (made according to Form provided in Appendix II to this Decision).

3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and implement according to regulations. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 12. Supporting workers who have to return home ahead of schedule due to unilateral termination of their labor contracts when employers maltreat them or force them to work against their will, or when they face explicit risks directly threatening their life or health or experience sexual harassment while working abroad

1. Support level: from VND 7,000,000/case to VND 20,000,000/case.

2. Workers or persons authorized by workers or their at-law representatives shall send a written request for support (made according to Form provided in Appendix I to this Decision), enclosed with one set of proof dossiers online, directly, via postal service or via enterprises, organizations or individuals sending them abroad to the Fund Administration Agency. A dossier comprises:

a) A copy of the contract liquidation document signed between the worker and the enterprise, organization or individual sending workers abroad, clearly stating reason for return home ahead of schedule; or a document of the Vietnamese representative mission in the host country made according to the worker's request for certifying the cases leading to the unilateral termination of his/her labor contract, or a record made by the functional authority of the host country;

b) A copy of the worker's passport;

c) A power of attorney (clearly stating authorization contents) or papers proving the at-law representative right according to regulations, in case the authorized person or at-law representative submits dossier.

In case the dossiers are submitted through the enterprise, organization or individual sending workers abroad, such organization or individual shall make a list of workers to be supported, enclosed with their dossiers and send them to the Fund Administration Agency (made according to Form provided in Appendix II to this Decision).

3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and implement according to regulations. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 13. Supporting the settlement of worker-related disputes in the sending of Vietnamese workers abroad as guest workers

1. Workers shall be entitled to a support for hiring a lawyer, legal consultant or court fees for the dispute settlement

a) The support level shall be equal to 50% of the expenses for hiring a lawyer, legal consultant or court fees, but not more than VND 50,000,000/case. In case a dispute related to many workers, the maximum support shall be VND 100,000,000/case;

b) A worker or a representative of a group of workers (for a dispute related to many workers) or a person authorized by the worker, or his/her at-law representative shall send a written request for support (made according to Form provided in Appendix I to this Decision), enclosed with one set of proof dossiers, online, directly, via postal service or via enterprises, organizations or individuals sending them abroad to the Fund Administration Agency.

A dossier comprises: A document of the competent authority in the host country on the receipt of the worker's complaint dossier legalized by Vietnamese representative mission in the host country;  a copy of the contract of hiring a lawyer or legal consultant to protect the worker's rights and interests when arising dispute with the employer; a copy of the worker's passport; a power of attorney (clearly stating the authorization contents) or papers proving the at-law representative rights as prescribed in case the authorized person or at-law representative submits dossier.

In case the dossier is submitted through the enterprise, organization or individual sending workers abroad, such organization or individual shall send a written request for support and the worker's dossier to the Fund Administration Agency.

Within 5 working days after receiving complete dossiers, the Fund Administration Agency shall check and compare dossiers and carry out procedures for support with an amount equal to 25% of the value of the contract on hiring a lawyer or legal consultant, but not exceeding VND 25,000,000/case, or VND 50,000,000/case if the dispute related to many workers. In case of refusal, it shall issue a written reply clearly stating the reason.

c) After ending the case, the worker or the representative of a group of workers or the authorized person shall send a written request for supporting the remaining expenses (made according to Form provided in Appendix I to this Decision), enclosed with one set of proof dossiers, online, directly, via postal service or via enterprises, organizations or individuals sending them abroad to the Fund Administration Agency.

A dossier comprises: A copy of the liquidation of contract on hiring a lawyer or legal consultant or a written request for payment of the remaining expenses; a copy of financial invoice or receipt or court fee receipt.

Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and support the remaining expenses to workers. In case of refusal, it shall issue a written reply clearly stating the reason.

2. Supporting in hiring temporary accommodation for workers according to the competent authorities’ decisions while settling labor contract-related disputes with employers in case workers cannot find an accommodation.

a) The support level shall be equal to 100% of the actual cost according to the invoices or documents of hiring accommodations for workers;

b) Based on the estimates approved by the Ministry of Labor, Invalids and Social Affairs, contracts signed between assigned units and organizations or individuals providing accommodations for workers, and valid invoices or documents, the Administration Agency shall submit the Fund Management Board for decision-making in accordance with law provisions.

Article 14. Supporting workers’ relatives in case workers die or are missing while working abroad

1. Support level: VND 40,000,000/case.

2. Representatives of workers’ relatives (parents, spouses, children, siblings) or persons authorized by workers’ relatives or their at-law representatives shall send a written request for risk support (made according to Form provided in Appendix I to this Decision), enclosed with one set of proof dossiers, online, directly, via postal service or via enterprises, organizations or individuals sending them abroad to the Fund Administration Agency. A dossier comprises:

a)  A copy of the worker's death certificate or Vietnamese competent authority's announcement of the worker's death or missing while working abroad under contract;

b) Papers proving relative relationship with the worker;

c) A power of attorney (clearly stating authorization contents) or papers proving the at-law representative right according to regulations, in case the person authorized by the worker's relatives or at-law representative of the worker's relatives submits dossier.

In case the dossiers are submitted through the enterprise, organization or individual sending workers abroad, such organization or individual shall make a list of workers to be supported, enclosed with their dossiers and send them to the Fund Administration Agency (made according to Form provided in Appendix II to this Decision).

3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and provide support to workers’ relatives. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 15. Supporting in training and job change for workers

Workers having to return home ahead of schedule as prescribed in Articles 10, 11, 12 of this Decision who wish to be trained for job change shall be entitled to a support for training to raise occupational qualifications and skills to participate in the labor market and stabilize their life as follows:

1. The support level is VND 1,000,000/month, but not more than 6 months/person/course.

2. After completing the training course, workers or persons authorized by workers or their at-law representatives shall submit a written request for support (made according to Form provided in Appendix III to this Decision), enclosed with one set of proof dossiers, online, directly, via postal service or via enterprises, organizations or individuals sending them abroad to the Fund Administration Agency. A dossier comprises:

a) A copy of the certificate of completion of the vocational training course;

b) Receipts for vocational training courses provided by the vocational training institution;

c) A power of attorney (clearly stating authorization contents) or papers proving the at-law representative right according to regulations, in case the authorized person or at-law representative submits dossier.

In case the dossiers are submitted through the enterprise, organization or individual sending workers abroad, such organization or individual shall make a list of workers to be supported, enclosed with their dossiers and send them to the Fund Administration Agency (made according to Form provided in Appendix II to this Decision).

3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and carry out procedures for support. In case of refusal, it shall issue a written reply clearly stating the reason.

Section 2. SUPPORTING ENTERPRISES PROVIDING THE SERVICE OF SENDING VIETNAMESE WORKERS ABROAD AS GUEST WORKERS

Article 16. Support principles

1. Service enterprises making full contributions to the Fund shall be entitled to a support in accordance with this Decision.

2. An enterprise shall be supported once a year for each market specified in Article 17 of this Decision.

3. Provisions in Article 18 of this Decision shall not be applied in case enterprises sending Vietnamese workers abroad in contravention of the contracts of sending Vietnamese workers abroad signed with workers, or contracts of worker supply approved by the Ministry of Labor, Invalids and Social Affairs.

4. Support contents from the Fund shall not reduce or change or remove any rights and obligations of the enterprises in implementation of the Law on Vietnamese Guest Workers and other laws.

Article 17. Supporting the exploitation, development and stabilization of foreign labor market

1. Enterprises engaged in the exploitation, development of new markets, extension and stabilization of foreign, participating in survey and assessment of the markets currently receiving Vietnamese workers organized by the Ministry of Labor, Invalids and Social Affairs and overseas Vietnamese representative missions shall be entitled to a support for the round-trip fares for one employee according to the actual costs, but not more than the economy class fare of the airlines exploiting or cooperating in exploiting the flights from Vietnam to the working countries or territories.

2. Within 15 working days from the last date of the business trip, the enterprise shall send a written request for support (made according to Form provided in Appendix IV attached to this Decision), enclosed with one dossier set requesting for support, online, directly or via postal office to the Fund Administration Agency. A dossier comprises:

a) Copies of the passport and boarding card of the employee on business trip;

b) Copies of financial invoices or ticket receipts.

3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and carry out procedures for support. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 18. Supporting in handling risks related to workers

1. Enterprises that have to send employees on abroad business trips at requests of the competent authorities to settle complicated and serious cases relating to the workers’ life, dignity, lawful assets and serious cases affecting the market and the receipt of Vietnamese workers for the market stabilization and development shall be entitled to a support for the round-trip fares for one employee according to the actual cost, but not more than the economy class fare of the airlines exploiting or cooperating in exploiting the flights from Vietnam to the working countries or territories.

2. Within 15 working days from the last date of the business trip, the enterprise shall send a written request for support (made according to Form provided in Appendix IV attached to this Decision), enclosed with one dossier set requesting for support, online, directly or via postal office to the Fund Administration Agency. A dossier comprises:

a) Copies of the passport and boarding card of the employee on business trip;

b) Copies of financial invoices or ticket receipts;

c) A written request for sending employees from the overseas Vietnamese representative missions or the Ministry of Labor, Invalids and Social Affairs.

3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and carry out procedures for support. In case of refusal, it shall issue a written reply clearly stating the reason.

Article 19. Supporting enterprises in sending the remains or corpses of workers to Vietnam

1. An enterprise that has to send the remains or corpses of workers who die while working abroad when the employer is bankrupt, unable to pay expenses and the workers are not insured, shall be entitled to a support equal to 50% of actual expenses for transporting the workers’ remains or corpses from the countries or territories where they work to Vietnam.

2. The enterprise shall send a written request for support (made according to Form provided in Appendix IV attached to this Decision), enclosed with one dossier set requesting for support, online, directly or via postal office to the Fund Administration Agency. A dossier comprises:

a)  A copy of the worker's death certificate or Vietnamese competent authority's announcement of the worker's death;

a) A copy of the confirmation of the competent authority in the host country about the employer’s bankruptcy or a bankruptcy announcement of the employer in the host country, which is legalized according to regulations;

c) Quotations of the expenses for transporting the workers’ remains or corpses provided by 3 airlines exploiting or cooperating in exploiting the flights from the countries or territories where the workers work to Vietnam;

d) Copies of financial invoices of the transport units.

3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and carry out procedures for support. In case of refusal, it shall issue a written reply clearly stating the reason.

Section 3. SUPPORTING ACTIVITIES DIRECTLY RELATING TO VIETNAMESE GUEST WORKERS

Article 20. Support principles

Support contents from the Fund to activities directly relating to Vietnamese guest workers specified in this Decision only apply in case such activities are not allocated funds from the state budget or enterprises’ financial sources.

Article 21. Supporting the propaganda, legal counseling and foreign labor market information

1. Support contents

a) Organizing the communication and propaganda about the foreign labor market, policy, regulations, and law of the country receiving workers, Vietnam’s regulations on guest workers, support policy from the Fund to the workers and their relatives;

b) Supporting in building and maintaining the Fund's e-portal, online overseas job exchange for workers wishing to understand and register to work abroad and seek a job after return home, making online contributions to the Fund, and requesting support in accordance with this Decision;

c) Supporting in establishing and maintaining operations of the switchboard counseling workers about the field of sending Vietnamese workers abroad as guest workers;

b) Publishing publications (paper or electronic version) that provide necessary information on the foreign labor market for guest workers.

2. The support level shall be equal to 100% of the actual cost according to the invoices or documents of service providers.

3. The Fund Administration Agency shall make estimates, support activities in accordance with current laws on bidding, placing orders, task assignment, and relevant laws.

Section 4. FUNDING FOR FUND MANAGEMENT

Article 22. Expenditure content

1. Expenditures for workers and managers include: expenses for salary, wage, remuneration, bonus, allowance and amounts of similar nature, expenses for contribution according to salary (social insurance and health insurance, unemployment insurance and union trade union dues); expenses for commendation and welfares; other expenses for cadres, civil servants, public employees, workers and managers in accordance with law provisions.

2. Expenditures for management activities include: travel expenses, training expenses; spending on research and application of science and technology; expenses for information, propaganda; expenses for party and mass activities; expenses for stationery, records, books; electricity, water, postal and telecommunications expenses; spending on goods and services; expenses for conferences, seminars and training; expenses for transactions, foreign affairs, and international cooperation; expenses for inspection and supervision; spending on domestic and foreign consultants; transportation costs and other expenses for management activities.

3. Expenses for investment in construction, procurement, maintenance and repair of assets; depreciation expense for fixed assets; rental property, headquarters; asset liquidation expenses; spending on purchasing tools and instruments; other expenses for management and use of assets; expenses for information technology application, building a database to serve the management and administration of the Fund.

4. Other expenses as prescribed.

Article 23. Spending levels

1. Based on the financial conditions, the Fund may implement the salary autonomy mechanism of the public non-business units in the field of economic and other non-business services to self-finance recurrent and investment expenditures; decide on salary levels to be paid to civil servants, public employees and workers; pay wages under the case contract (if any).

2. For expenditures for which the economic-technical norms and spending regimes have been prescribed by the competent State agency: Based on actual demand and actual costs in the market where the Fund is headquartered and its financial conditions, the Fund Administration Agency shall decide on spending levels according to its internal spending regulations and take responsibility for ensuring service quality and standard as prescribed.

3. For expenditures for which the economic-technical norms and spending regimes have not yet been prescribed by the competent State agency: Based on actual conditions, the Fund shall promulgate the appropriate spending levels and detailed provisions in the internal spending regulations of the Fund and take responsibility for its decisions.

Chapter V

IMPLEMENTATION ORGANIZATION

Article 24. Responsibilities of agencies and organizations

1. Responsibility of the Ministry of Labor, Invalids and Social Affairs

a) To synthesize and send the Ministry of Finance financial plans and annual financial plan implementation, revenue and expenditure finalization of the Fund in accordance with the law on state budget and accounting;

b) To guide, direct, inspect and supervise the Fund’s operations in accordance with law provisions;

c) To assume the prime responsibility for, and coordinate with the Ministry of Finance in, reporting the Government to explain to the National Assembly upon request.

2. Responsibility of the Ministry of Finance

a) To inspect and supervise the management and use of the Fund in accordance with law provisions;

b) To coordinate with the Ministry of Labor, Invalids and Social Affairs in reporting the Government to explain to the National Assembly upon request.

3. Responsibility of the specialized agencies in charge of labor affiliated to the provincial-level People's Committees

To provide workers information and guidance about the Fund support policies, rights and obligations of guest workers toward the Fund for Overseas Employment Support.

4. Responsibility of overseas Vietnamese representative missions

a) To provide workers information and guidance to access, contribute, carry out procedures and receive support from the Fund while working abroad;

b) To certify dossiers and papers at the workers’ requests within the scope, function, competence of the overseas Vietnamese representative missions.

5. Enterprises, organizations and individuals sending Vietnamese workers abroad as guest workers

a) To collect and remit workers’ contributions to the Fund in accordance with Clause 2 Article 8 of this Decision;

b) To provide information, guidance and support to workers to fulfill their contribution obligations and carry out procedures for receiving support from the Fund in accordance with this Decision.

Article 25. Transitional provisions

1. The balance on December 31, 2021 of the Fund for Overseas Employment Support that is established under the Prime Minister's Decision No. 144/2007/QD-TTg dated August 31, 2007, shall be transferred to the Fund that is established under this Decision for further use in accordance with this Decision.

2. In case the enterprises have collected sufficient or insufficient service charge of the workers who have exited the country before the effective date of this Decision and have not yet made contributions to the Fund, they shall continue collecting the insufficient service charge, making contributions and Fund finalization under the Decision No. 144/2007/QD-TTg dated August 31, 2007 within 6 months from the effective date if this Decision.

3. Cases entitled to support and the use of Fund under the Prime Minister's Decision No. 144/2007/QD-TTg dated August 31, 2007 that arise before the effective date of this Decision but have not yet completed the procedures at the Fund or have not yet received support shall apply the provisions of the Decision No. 144/2007/QD-TTg.

Article 26. Effect

1. This Decision takes effect on February 21, 2022.

2. The Prime Minister's Decision No. 144/2007/QD-TTg dated August 31, 2007, on the establishment, management and use of the Fund for Overseas Employment Support shall cease to be effective from the effective date of this Decision.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and Chairpersons of People’s Committees of provinces and centrally run cities shall implement this Decision./.

APPENDIX I

(Issued together with the Prime Minister’s Decision No. 40/2021/QD-TTg dated December 31, 2021)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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APPLICATION
For risks support while working abroad

To: The Administration Agency of Fund for Overseas Employment Support

Full name of employee: …………………Gender: ……………………

Number of Passport/Citizen’s identity card: …………………

Place of issue: ………… Date of issue: ………

The enterprise, organization sending workers abroad: …………………

Host country: ……………………

Contract term (months): …, from …/…/…… to…/…/……

Working time abroad (months) …, from …/…/…… to …/…/……

Returning home day: …/…/……                                  Being abroad □

Reason and content of support:

…………………………………………………………………………….

……………………………………………………………………………

Forms to receive support money:

(Only declare this section in case the applicant is authorized by the employee, or is the employee's legal representative or the employee’s relative in case employees die or are missing)

Full name of the employees’ authorized person/legal representative/relative in case employees die or are missing: ……………………………………….

Relationship with the employee (wife, husband, children, father, mother, etc.): ………………………

Permanent residence: …………………………………………

Citizen’s identity card number: … Place of issue: ….. Date of issue: …/…./…

APPENDIX II

(Issued together with the Prime Minister’s Decision No. 40/2021/QD-TTg dated December 31, 2021)

To: The Administration Agency of Fund for Overseas Employment Support

APPENDIX III

(Issued together with the Prime Minister’s Decision No. 40/2021/QD-TTg dated December 31, 2021)

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

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APPLICATION

For support of the cost of elementary-level vocational training

To: The Administration Agency of Fund for Overseas Employment Support

Full name of employee: …………………Gender: ……………

Number of Passport/Citizen’s identity card: ……………………

Place of issue: ………… Date of issue: ………

Permanent residence: …………………………………

The enterprise, organization sending workers abroad: …………………

Host country: ……………………

Date of returning home: …/…/……

Reason for returning home before the term: ……………………………

Requests the administrative agency of Fund for Overseas Employment Support to support vocational training costs …………. at the vocational training institution …….. Vocational training period: ….

Training costs must be paid to the vocational training institution: …………

(Dossiers and documents attached)

Forms to receive support money:

(Only declare this section in case the applicant is authorized by the employee or is the employee's legal representative)

Full name of the employee's authorized person/legal representative: ……………………………………….

Relationship with the employee (wife, husband, children, father, mother, etc.): ……………….

Permanent residence: …………………………………………

Citizen’s identity card number: …………………………

Place of issue: ………… Date of issue: …/…./…