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THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No.
144/2007/QD-TTg
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Hanoi,
August 31, 2007
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DECISION
ON
SETTING UP, MANAGEMENT AND USE OF THE OVERSEAS EMPLOYMENT SUPPORT FUND
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2006 Law on Vietnamese Guest Workers;
At the proposal of the Minister of Labor, War Invalids and Social Affairs in
Report No. 43/TTr-BLDTBXH of August 1, 2007.
DECIDES:
Article 1. To set up the
overseas employment support fund
1. The overseas employment
support fund is set up on the basis of reorganizing the labor export support
fund (which was set up under the Prime Ministers Decision No. 163/2004/QD-TTg of
September 8, 2004) and aimed at developing and expanding foreign labor markets,
raising the quality of workforce, and supporting workers and enterprises in
handling risks.
2. The overseas employment
support fund is managed by the Ministry of Labor. War Invalids and Social
Affairs, operates for non-profit purposes, is tax-exempt and independent in
cost-accounting, has the legal person status and state treasury accounts. The
fund balance of a year may be carried forward to subsequent years.
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1. The balance transferred from
the labor export support fund.
2. Contributions of enterprises
Enterprises providing guest
worker services according to Article 8 of the Law on Vietnamese Guest Workers
shall deduct 1% of their annual service revenues for contribution to the
overseas employment support fund.
3. Contribution by workers Guest
workers shall contribute VND 100,000/person/contract to the overseas employment
support fund.
4. State budget support for
particular cases decided by the Prime Minister.
Article 3. Contents of
fund use
1. Expanding and developing
foreign labor markets
a/ To support at most 30% of
expenses for exploration, investigation and research of the conditions of new
labor markets, and for strengthening and development of traditional ones:
b/ To support at most 50% of
expenses for overseas advertisement of Vietnamese workforce.
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a/ To support the training of
job skills, foreign languages and necessary knowledge for guest workers:
- To provide free textbooks and
materials on foreign languages and necessary knowledge for workers:
- To support 50% of prescribed
fees for training job skills, foreign languages, necessary knowledge for workers
who are sons or daughters of war invalids or revolutionary martyrs and persons
with meritorious deeds to the country who arc entitled to preferential regimes
and policies; poor and ethnic minority workers.
b/ To support 20% of prescribed
fees for training job skills and foreign languages for workers in the initial
stage of implementation of a pilot plan on sending workers to markets with high
requirements on job skills and foreign languages.
3. Handling of risks of workers
and enterprises:
a/ To provide support for
workers in the following cases:
- For relatives of workers who
die overseas: The support level is VND 10,000,000/case;
- For workers who meet with
labor accidents, risks or diseases, are no longer capable of working overseas
and must return home before the expiration of contracts. The maximum support
level is VND 5,000,000/case.
- For other objective risk cases
as decided by the Minister of Labor, War Invalids and Social Affairs at the
proposal of the Funds Management Council, the maximum level is VND
5,000,000/case.
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4. Expenses for the publicization of the Partys
orientations and policies and the States laws on Vietnamese guest workers on
the mass media in order to raise public awareness, and popularization of
effective models of sending Vietnamese workers abroad. Expenses shall be paid
as per economic contracts, ensuring thrift and reasonableness.
5. Operational expenses of the
Funds Management Council and Executive Board shall comply with annual estimates
approved by the Ministry of Labor, War Invalids and Social Affairs.
Article 4. Organization
of fund management
1. The Ministry of Labor, War
Invalids and Social Affairs shall manage the overseas employment support fund
though its Management Council and Executive Board:
a/ The Funds Management Council
is composed of 5 members, appointed or relieved from office by the Minister of
Labor, War Invalids and Social Affairs, including the chairman being a vice
minister of Labor, War Invalids and Social Affairs, and other members being
heads of the Department for Management of Guest Workers and the Department of
Planning and Finance under the Ministry of Labor, War Invalids and Social
Affairs, the Department of Foreign Finance under the Ministry of Finance, and
the Vietnam Labor Export Association. Members of the Management Council shall
work on a part-time basis;
b/ The Funds Executive Board is
composed of a director, a vice-director, a chief accountant and assisting
sections. The director of the Executive Board is a member of the Management
Council, appointed and relieved from office by the Minister of Labor, War
Invalids and Social Affairs at the proposal of the Management Council, and
working on a part-time basis. Other members of the Executive Board are
appointed and relieved from office by the chairman of the Management Council at
the proposal of the director of the Board, and work on a part-time or full-time
basis.
2. The Funds Management Council
has following rights and obligations:
a/ To submit to the Minister of
Labor, War Invalids and Social Affairs for decision risk supports for cases
defined at Point a, Clause 3, Article 3 of this Decision;
b/ To approve the Funds
orientations, operational plans and financial finalization reports;
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d/ Other rights and obligations
under its operation regulations.
3. The Funds Executive Board has
the following rights and obligations:
a/ To manage the Fund, its
revenue, expenditure and support in line with the set objectives, contents and
subjects;
b/ To formulate and sum up the
Funds annual revenue and expenditure estimates and financial finalization
reports to be submitted to the Ministry of Labor, War Invalids and Social
Affairs for approval;
c/ Other rights and obligations
under its operation regulation.
Article 5.
Responsibilities of ministries
1. Responsibilities of the
Ministry of Labor, War Invalids and Social Affairs:
a/ To assume the prime responsibility
for, and coordinate with the Ministry of Finance in, specifying and guiding
modes of fund contribution, process and procedures for the provision of
supports, payment of management expenses and settlement of the Fund;
b/ To reach agreement with the Ministry
of Finance before submitting to the Prime Minister for decision the state
budget support for the Fund in particular cases;
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2. Responsibilities of the
Ministry of Finance:
a/ To coordinate with the
Ministry of Labor, War Invalids and Social Affairs in implementing the
provisions of Points a and b, Clause 1 of this Article;
b/ To inspect and supervise the management
and use of the Fund in accordance with law.
Article 6. This Decision
takes effect 15 days after its publication in CONG BAO and replaces the Prime
Ministers Decision No. 163/2004/QD-TTg of September 8, 2004, on the setting up,
management and use of the labor export support fund.
Article 7. Ministers,
heads of ministerial-level agencies, heads of governmental-attached agencies,
presidents of provincial/municipal Peoples Committees, and concerned
organizations and individuals shall implement this Decision.
PRIME
MINISTER
Nguyen Tan Dung