THE
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS -
THE STATE BANK OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence Freedom Happiness
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No.
17/2007/TTLT-BLDTBXH-NHNNVN
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Hanoi,
September 4, 2007
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INTER-MINISTERIAL CIRCULAR
PROVIDING FOR THE MANAGEMENT AND USE OF DEPOSIT OF
ENTERPRISES AND LABORERS GOING ABROAD FOR WORKING UNDER LABOUR CONTRACT
Pursuant to the Law on
Vietnamese laborers going abroad for working under the labour contract, dated November
29th, 2006;
Pursuant to the Decree No. 126/2007/ND-CP dated August 1st, 2007 of the
Government providing in details for and guiding the implementation of several
articles of the Law on Vietnamese laborers going abroad for working under the
labour contract;
Inter-ministries of Labor, War
Invalids and Social Affairs and State Bank of Vietnam provide in details for
the management and use of deposit of enterprises and laborers going abroad for
working under the labour contract as follows:
I. GENERAL PROVISIONS
1. Governing scope
This Circular provides for the
depositing, management and use of deposit of enterprises and laborers going
abroad for working under the labour contract.
2. Subjects of application
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b. Laborers going abroad for
working under the contract of sending laborers to foreign countries for working
entered into with the service enterprise (herein after referred to as laborer);
c. Commercial bank accepts
deposit.
3. Enterprise performs
the depositing in Vietnam dong in accordance with the level regulated by the
Government from time to time; laborer agrees with service Enterprise on performing
the depositing in Vietnam dong according to provisions of Article 23 of the Law
on Vietnamese laborers going abroad for working under the labour contracts and
guidance of the Ministry of Labor, War Invalids and Social Affairs. The
depositing of enterprise and laborer shall be performed at commercial bank
authorized to operate in Vietnam where enterprises head office is located.
4. Interest rate of deposit
a. Depositing enterprise shall
be entitled to receive deposit interests from commercial bank accepting the
deposit by the interest rate agreed upon by the two parties, corresponding with
interest rate level of the deposit with the term correlative with depositing
term; where the enterprise withdraws the deposit and settles account of deposit
prior to its maturity, the applicable interest rate shall be the interest rate
for deposit with the term correlative with factual depositing term;
b. Laborer who directly or
through service enterprise pays money as deposit to a private account opened by
the enterprise in a commercial bank in order to keep deposit of laborer, shall
be entitled to receive deposit interests from the commercial bank which accepts
the deposit according to the interest rate level applicable to the deposit with
term correlative with the depositing term; where the laborer withdraws deposit
and settles account of deposit prior to its maturity, the applicable interest
rate shall be the interest rate for deposit with term correlative with factual
depositing term;
II. DEPOSIT
OF ENTERPRISE
1. Performance of depositing
a) Enterprise shall perform the
depositing so as competent state agency considers granting permit and
guarantees for activity of sending Vietnamese laborers to foreign countries for
working or guarantees for implementation of the contract of sending laborers to
foreign countries for working in the form of practising for skill improvement;
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c. Bank and enterprise shall enter
into a depositing contract in line with provisions of this Circular and related
laws, which contains such contents as: name, address of the enterprise and the
bank; amount to be deposited; interest rate of the deposit; opening and use of
deposit account; withdrawal of deposit; refund of deposit; responsibilities of
parties and other agreements;
d. Bank shall account the money
amount deposited by the enterprise into the account VND deposit according to
level 3 account Guarantee for other payments, perform the detailed accounting
by each corporate customer and confirm the depositing by enterprise at the bank
(Appendix No. 02);
dd. Enterprise shall hand in the
certificate of deposit to Department of oversea laborer management or
Department of Labour, War Invalids and Social Affairs (in respect of the
contract of sending labourers to foreign countries for working in the form of
practicing for skill improvement for less than 90 days).
2. Use of deposit
Where it is required to bring
labourer working abroad back to the country in accordance with the instruction
of competent state agency in case of death, on-the-job accident, accident due
to risk, occupational disease, life threatening of laborer or when income and
working, accommodation conditions of laborer are not secured, but the
enterprise fails to do so, Director of the Department of oversea laborer
management or Director of Department of Labour, War Invalids and Social Affairs
(for the contract of sending laborers to foreign countries for working in the
form of practicing for skill improvement for less than 90 days) shall use
deposit of the enterprise to make payment for expenses on bringing labourer
back to the country.
3. Procedures, file for
deposit withdrawal
The Director of Department of
oversea laborer management or Director of Department of Labour- War Invalids
and Social Affairs (for the contract of sending laborers to foreign countries
for working in the form of practicing for skill improvement for less than 90
days) shall send the bank a written request for deposit withdrawal or deducting
from deposit account of the enterprise to use for the contents provided for in
paragraph 2 of this Section.
Within 30 days from the
withdrawal of deposit, enterprise must pay additional amount to have sufficient
amount of deposit as stipulated. If the enterprise fails to do so, the bank
shall give a written notice to the Department of oversea labourer management or
Department of Labour, War Invalids and Social Affairs (for the contract of
sending laborers to foreign countries for working in the form of practicing for
skill improvement for less than 90 days) to have solution in accordance with
provisions of applicable laws.
4. Settlement of deposit
account
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- Where Department of Oversea
Laborer Management replies in writing to enterprise that is not qualified for
being granted permit to send labourers to foreign countries for working;
- Where Department of Oversea
Laborer Management replies in writing to enterprise that is not qualified for
being granted permit to send labourers to foreign countries for working and
certifies that the enterprise has fully performed its obligations to laborers
in accordance with the contract of sending labourers to foreign countries for
working, has made full contribution to the Fund for oversea employment support
in accordance with provisions of applicable laws;
- Where Department of Oversea
Laborer Management confirms in writing that enterprise has stopped sending
labourers to foreign countries for working and has fully performed its
obligations to laborers in accordance with the contract of sending labourers to
foreign countries for working, has made full contribution to the Fund for
oversea employment support in accordance with provisions of applicable laws;
b. The Bank shall refund the
deposit and settle the account of enterprise which sends labourers to foreign
countries for working in the form of practicing for skill improvement when
Department of Oversea Laborer Management or Department of Labour, War Invalids
and Social Affairs (for the contract with the term of less than 90 days)
confirms in writing that enterprise has completed the contract of sending
labourers to foreign countries for working and has liquidated the contract
entered into with the labourer.
III. DEPOSIT
OF LABOURER
1. Performance of depositing
a. Deposit of the labourer must
be clearly stated in the contract of sending labourers to foreign countries for
working and the depositing shall only be made after the labourer signs this
contract with the enterprise and he is accepted to work or granted visa by
foreign party;
b. Depositing term of labourer
is correlative with the term of the contract of sending labourers to foreign
countries for working entered into between the enterprise and laborer;
c. Laborer shall directly or
through service enterprise, pay money to deposit account opened by the
enterprise in the bank. Where laborer deposits money through the enterprise,
the enterprise shall have to issue a receipt to the labourer and must pay all
these money amounts to the account opened at the bank after 15 days at the
latest since its receipt of deposited amount of labourer.
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2. Use of deposit
Where laborer violates the
contract of sending laborers to foreign countries for working, enterprise shall
have the right to request the bank to deduct from deposit account of the
laborer to compensate for the damage caused by laborers fault to the
enterprise. In this case, enterprise has to present a document on successful
reconciliation with laborer or effective judgement of the Court. The excessive
amount of deposit (if any) must be refunded to the laborer, and the laborer
must pay additionally if the deposited amount is not sufficient.
3. Refund of deposit
The bank shall refund deposit of
laborer after subtracting the money amount already paid in accordance with
provisions in paragraph 2, this Section (if any) in following cases:
a. Enterprise and laborer
liquidate the contract of sending labourers to foreign countries for working
(laborer completes the contract or comes back to the country before the
expiry);
b. Enterprise unilaterally liquidates
the contract of sending labourers to foreign countries for working in
accordance with provisions in point dd, paragraph 1, Article 27 of the Law on
Vietnamese laborers going abroad for working under the labour contract;
c. Enterprise is dissolved or
goes bankrupt;
d. Labourer fails to go abroad
for working after having paid money as deposit;
e. Enterprise fails to send
labourer to foreign country for working after the labourer has paid money as
deposit.
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a. For cases mentioned in points
a, d and e, paragraph 3 of this Section: enterprise has to present a written
request for withdrawing deposit enclosed with the minutes of liquidation of the
contract of sending laborers to foreign countries for working, which clearly
state the amount of deposit to be refunded to the laborer. In this case the
enterprise may authorize labourer to directly withdraw the deposit at the bank.
b. For the case stated in point
b, paragraph 3 in this Section: Enterprise has to present a written request for
withdrawing deposit enclosed with the request for the refund of deposit by the
laborer or by the person authorized by the labourer.
c. For the case stated in point
c, paragraph 3 in this Section: Enterprise has to present a written request for
withdrawing deposit enclosed with the confirmation of Department of oversea
laborer management on the dissolution or bankruptcy of the enterprise to send
to another enterprise or send to the Department of oversea laborer management
for settling rights and obligations of labourer in accordance with provisions
in paragraph 3, Article 25 and paragraph 3, Article 26 of the Law on Vietnamese
laborers going abroad for working under the labour contract.
IV.
RESPONSIBILITIES OF BANK, ENTERPRISE AND STATE MANAGEMENT AGENCY
1. Responsibilities of the
bank accepting deposit
a. To carry out and guide the
enterprise to open, use and manage deposit account in accordance with
provisions in this Circular and related laws;
b. To pay interest for the
deposit balance of the enterprise and labourer in accordance with provisions in
paragraph 4, Section I of this Circular;
2. Responsibilities of
enterprise
a. To make report on the state
of deposit of laborer upon request of competent agencies;
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3. Responsibilities of the
Department of oversea laborer management
a. To provide guidance to
enterprise and labourer on the implementation of depositing in accordance with provisions
of this Circular and related laws;
b. To coordinate with the bank
in refunding and settling the deposit account of the enterprise in accordance
with provisions in paragraph 3 and paragraph 4, Section II of this Circular.
c. To examine, deal with
violation acts within the competence or request for the settlement of violation
acts in the management and use of deposit of enterprise and laborer.
4. Responsibilities of
Department of Labour, War Invalids and Social Affairs
a. To provide guidance to the
enterprise on the implementation of the depositing in accordance with
provisions in this Circular and of related laws;
b. To examine, deal with
violation acts within the competence or request for the settlement of violation
acts in the management and use of deposit of enterprise;
c. To coordinate with Department
of oversea labourer management, Labour Management Committees or oversea
representative agencies of Vietnam and the bank in using and settling the
deposit account of enterprise in accordance with provisions in this Circular
and related laws.
V.
IMPLEMENTATION ORGANIZATION
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2. Any query that may occur
during the implementation process should be reported to Inter-Ministries of
Labour, War Invalids and Social Affairs, State Bank of Vietnam for study and
solutions.
FOR
THE GOVERNOR OF THE STATE BANK
DEPUTY
GOVERNOR
Phung
Khac Ke
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DEPUTY
MINISTER
Nguyen
Thanh Hoa
APPENDIX 01
(Issued
in conjunction with the Inter-ministerial Circular No.
17/2007/TTLT-BLDTBXH-NHNNVN dated 4 September 2007)
NAME
OF ENTERPRISE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence
- Freedom – Happiness
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REQUEST FOR DEPOSITING
Pursuant to the
Inter-ministerial Circular No. 17/2007/TTLT-BLDTBXH-NHNNVN dated 4 September
2007 of Inter- Ministries of Labour, War Invalids and Social Affairs and State
Bank of Vietnam, providing for the management and use of deposit of enterprises
and deposit of labourers going abroad for working under the labour contract.
Name of enterprise
Trading name in English
(abbreviated):
Address of Head Office:
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would like to request the bank
to accept the depositing of the enterprise for the activity of sending
labourers to foreign countries for working, with the amount of . (in words: )
We undertake to comply with
provisions of applicable laws on depositing at the bank
.,
date.
Head
of the unit
(Sign,
clearly state the full name and seal)
APPENDIX 02
(Issued
in conjunction with the Inter-ministerial Circular No.
17/2007/TTLT-BLDTBXH-NHNNVN dated 4 September 2007)
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NAME
OF ENTERPRISE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence
- Freedom – Happiness
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CONFIRMATION OF
HAVING PAID MONEY AS DEPOSIT
Pursuant to the
Inter-ministerial Circular No. 17/2007/TTLT-BLDTBXH-NHNNVN dated 4 September
2007 of Inter- Ministries of Labour, War Invalids and Social Affairs and State
Bank of Vietnam, providing for the management and use of deposit of enterprise
and deposit of labourers going abroad for working under the labour contract and
the contract of depositing No.., dated entered into by and between the
enterprise and the bank.
The bank: (Name of the bank
where the enterprise deposits money)
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Name of enterprise:
Trading name in English
(abbreviated):
Address of Head Office:
Tel: Fax:
Account holder: Title:
has paid full amount of deposit for
labour export activity to be of : . (in words:) to the account No. at the bank
This confirmation is made into 3
copies: 02 copies kept by the enterprise, 01 copy kept by the bank
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Director
(Sign,
clearly state the full name and seal)