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THE
MINISTRY OF FINANCE - THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
33/2001/TTLT/BTC-BLDTBXH
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Hanoi, May 24, 2001
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JOINT CIRCULAR
GUIDING THE
AMENDMENTS AND SUPPLEMENTS TO JOINT CIRCULAR No. 16/2000/TTLT-BTC-BLDTBXH OF
FEBRUARY 28, 2000 ON FINANCIAL REGIME FOR VIETNAMESE LABORERS AND SPECIALISTS
SENT ABROAD TO WORK FOR DEFINITE PERIODS OF TIME
Considering the practical situation on the
sending of laborers and specialists abroad to work for definite periods of
time, and in furtherance of the Prime Minister’s opinions at Official Dispatch
No. 2175/VPCP-VX of May 22, 2001 of the Government’s Office, the Ministry of
Finance and the Ministry of Labor, War Invalids and Social Affairs hereby
jointly guide the amendments and supplements to a number of points in Joint
Circular No. 16/2000/TTLT-BTC-BLDTBXH of February 28, 2000 as follows:
1. To annul Point 1.1c, Clause 1, Part A and
Clause 2, Section III, Part B on the administrative expense for labor
registration, supervision and management of laborers under individual contracts
signed directly by the laborers with foreign employers.
2. To annul the phrase "and fines" at
Clause 3, Part A; heading of Section III, Part B and Clause 1, Section III
thereof.
3. To add to Clause 4, Part A the following
contents:
In cases where the laborers are paid for part or
whole of the expenses by their employers, enterprises must not collect such
expenses from the laborers.
4. On the levels of deposits:
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- For those who are sent to work or study in the
Republic of Korea, Japan and Taiwan, the deposit level shall be equal to one-way
airfares and 1-month contractual wage.
- For those who are sent to work in other
countries (including officers and crew members), the deposit level shall be
equal to one-way airfares.
Labor-exporting enterprises shall open their
deposit accounts at the State Treasuries to remit the whole amounts of deposits
collected from the laborers and manage them according to Decree No. 152/ND-CP.
5. To amend Points a and b, Clause 2, Section I,
Part B as follows:
In order to ensure the consistency regarding the
levels of service charges collected from laborers by enterprises, the service
charges shall comply with the following:
a) In cases where the contractual wages paid by
the employers to the laborers do not cover the meals, accommodation, labor
accident insurance and health insurance for the laborers during their working
terms in foreign countries, the service charge level shall be equal to 10% of
the contractual wages. Particularly for officers and crew members working on
board sea freighters, the service charge level shall be equal to 16% of
contractual wages.
b) In cases where the contractual wages cover
the meals, accommodation, labor accident insurance and health insurance which
cannot be separated from one another, the service charge level shall be equal to
5% of the contractual wages; for officers and crew members working on board sea
freighters, the service charge level shall be equal to 8% of contractual wages.
If the expenses for meals, accommodation, labor accident insurance and health
insurance can be separated from one another, the service charge level shall
comply with the provisions at above-said Point a.
6. To supplement Point 4a, Section II, Part B as
follows: "Brokerage commissions of labor-exporting enterprises in the
exploitation of labor-supplying contracts shall comply with Circular No.
01/2000/TT-BTC of January 5, 2000 of the Ministry of Finance guiding the
payment of commissions for export transactions and brokerage".
7. To replace the provisions on the handling of
violations in Clause 6, Section II, Part B, with the following:
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This Circular takes effect 15 days after its
signing. The contents not mentioned in this Circular shall still comply with
Joint Circular No. 16/2000/TTLT-BTC-BLDTBXH of February 28, 2000.
In the course of implementation, if any troubles
arise, the ministries, branches, localities, enterprises and laborers are
requested to report them to the Ministry of Finance and the Ministry of Labor,
War Invalids and Social Affairs for study and settlement.
FOR THE MINISTER OF FINANCE
VICE MINISTER
Le Thi Bang Tam
FOR THE MINISTER OF LABOR, WAR
INVALIDS AND SOCIAL AFFAIRS
VICE MINISTER
Nguyen Luong Trao