Circular 31/2013/ttlt-Bldtbxh-Btc: Guide Implementation Of Decision No. 1294/qd-Ttg Dated January 21, 2013 Of The Prime Minister On The Implementation Of Pilot Margin For Who L. ..

Original Language Title: Thông tư liên tịch 31/2013/TTLT-BLĐTBXH-BTC: Hướng dẫn thực hiện Quyết định số 1465/QĐ-TTg ngày 21 tháng 8 năm 2013 của Thủ tướng Chính phủ về việc thực hiện thí điểm ký quỹ đối với người l...

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MINISTRY OF LABOR-COMMERCE AND SOCIETY-THE FINANCE MINISTRY
Number: 31 /2013/TTLT-BLTBXH-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 12, 2013

FEDERAL INFORMATION

Decision to execute Decision No. 1465 /QĐ-TTG August 21, 2013

The Prime Minister on the implementation of the fund pilot for the worker who went to work in Korea

follow the employment licensing program for South Korea ' s foreign labour. c

______________

The Vietnam Labor Law base went to work abroad under contract on November 29, 2006;

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

Base of Protocol 118 /2008/NĐ-CP November 27, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Finance;

Execution of Decision No. 1465/QĐ-TTg on 21 August 2013 by the Prime Minister on the implementation of the fund pilot for workers working in Korea under the employment licensing program for South Korean foreign workers;

After the opinion of Governor of the State Bank of Vietnam at the 8354 /NHNN-TT Public Works on November 8, 2013, Minister of Labor-Trade and Social Affairs and the Minister of Finance issued the Executive Chairman of the Decision Making the Number Decision. 1465/QĐ-TTg August 21, 2013 Prime Minister of the Government on the implementation of the fund pilot for workers working in Korea under the employment licensing program for South Korea's foreign workers.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. The adjustment range:

It provides and instructs lending, funds, funds to deposit funds, management and use of employee funds to work in Korea under the employment licensing program for South Korea's foreign labour.

2. Subject applies:

a) The worker goes to work in Korea under the employment licensing program for South Korea ' s foreign labor.

b) Foreign Labor Centre in the Ministry of Labor-Trade and Social Affairs (later known as the Foreign Labor Centre).

c) Social Policy Bank.

d) The organizations, other individuals involved in the employment of workers in Korea under the employment licensing program for South Korea's foreign workers.

What? 2. Loan to sign the fund on loan labour at the Social Policy Bank

1. The worker who went to work in South Korea under a borrowed object at the Social Policy Bank had a need to borrow a maximum of 100 (one hundred) million dollars to sign the fund, not the collateral.

2. The deadline for maximum borrowing by the time of the worker ' s fund stipulated at 2 Article 4 of this Notice.

3. The lending rate of interest applies to the level of the Social Policy Bank ' s lending interest to workers who go to work abroad in line with each object.

What? 3. Treasurer and money deposit interest deposit

1. The worker performs the fund at the branch or the Social Policy Bank Exchange office on the site where the worker resides legally.

2. Money interest deposit:

a) The worker borrower of the Social Policy Bank to sign the fund is entitled to the amount of interest deposit deposit by the loan interest rate to sign the fund. The case of a worker who pays a loan in advance is entitled to the amount of interest in the deposit under the regulation at point b, which gives the amount difference between the fund's balance and the loan balance.

b) The worker does not borrow the Social Policy Bank to sign the fund that benefits the deposit rate in accordance with the rate of deposit rates that have a period of time by the Bank of Social Policy.

What? 4. Time and time of signing

1. The worker who performs the slog of the year is 35 days from the date of the signing of the worker who goes to work in Korea with the Foreign Labor Centre.

2. The fund deadline is 5 years 4 months.

What? 5.

1. The worker and branch or the Social Policy Banking Exchange site where the fund is to receive the fund, the signing of the fund uniform is consistent with the regulation of this Information and the relevant existing regulations, which specify the contents: they and the worker name, They and the authorized name (if any), where the permanent residence is registered, where the current legal residence, the number of funds to the fund, the deposit rate, the deposit, and the use of the deposit account, the refund of the fund, the responsibility of the parties, and other legal agreements.

2. Branch or Social Policy Banking Exchange Place where the fund is responsible for confirming the signing of the worker ' s fund.

Chapter II

MANAGER, USE OF FUNDS

What? 6. Manage, use fund deposit at bank

1. For workers who do not borrow the Social Policy Bank to sign the fund:

a) The worker completes the contract on the right water, the worker who is killed or went missing during the contract by contract, the worker must go back to the country due to natural disasters, sickness, accidents, and other adverse reasons, the worker said. does not go to work in South Korea after having paid a deposit, the fund's deposit (including the root and interest) is reimbursable to the worker after the exception of the reasonable cost of birth (if any).

b) The worker of the country before the contract of the contract (unless the case of escaping from work under the contract stipulated at the point c, this paragraph) the deposit money (including the root and interest) is used to offset the damages arise due to the failure of the worker. It causes the Centre for Foreign Labor (if any). The remaining money is reimbursable to the worker, if the fund money is not enough, the worker must submit the supplement.

c) The worker who fled from work under contract (including escaping immediately after arriving in South Korea) or expiration of a non-water contract on time, stays in residence and unauthorized work in South Korea, the fund deposit (including the root and interest) is transferred into the Fund. solved the provincial capital, the Central City of Central City where the worker resided legally before going to work in South Korea.

2. For workers who borrow the Social Policy Bank to sign the fund:

a) The worker completes the contract on the right water, the worker who is killed or went missing during the contract by contract, the worker must go back to the country due to natural disasters, sickness, accidents, and other adverse reasons, the worker said. is not going to work in Korea after having paid a deposit, the fund money (including the root and interest) is used to pay the Bank of Social Policy loans. Where the worker has paid a portion or entire loan to sign the fund before the deadline, the remaining amount is reimbursable for the worker after the exception of the reasonable cost of birth (if any).

b) The worker of the country before the contract of the contract (except for the case of escaping from work under the contract stipulated at point c, this paragraph) the deposit money (including the root and interest) is used to pay the Bank of Social Policy's loan. The case of the worker reimbursable part or entire loan to sign the fund before the deadline, the remaining amount reimbursable to the worker after the expense of compensated damages caused by the worker ' s fault for the Labour Centre. outside of the water (if any). If the fund's money was not enough, the worker was forced to submit.

c) The worker who fled from work under contract (including escaping immediately after arriving in South Korea) or expiration of a non-water contract for the right, stays in residence and unauthorized work in South Korea, the fund deposit (including the root and interest) is used to pay. Social Policy Bank loan. In case the worker reimburse a portion or entire loan to sign the fund before the deadline, the remaining money being transferred to the Fund for the Provincial settlement, the Central City of Central City where the worker resided legally before going to South Korea.

What? 7. reimbursable funds and all deposit accounts

1. The case of workers who do not borrow the Social Policy Bank to sign the fund:

a) For the specified cases at the point a 1 Article 6 of this message:

-Slowly at 20 days of work, since the day of the domestic worker, the worker who was killed or missing, since the day of the base confirmed the worker did not go to work in Korea after having paid the deposit, the Foreign Labor Center announced in a statement. Text for the Council of Social Policy Banking and the Department of Labor and Social Affairs where workers reside legally before going to work in Korea, which notes the contents: they and the name of the labourers, branches or the Bank of the Bank. The Social Policy of the recipient of the fund, the expenses that the worker must pay from the fund's account (if any).

-The delay is 10 working days, since the date of the announcement of the Foreign Labor Centre, the Department of Labor-Trade and Social Affairs informed the worker or the authorized person.

-The delay is 10 working days, since the announcement of the announcement by the Foreign Labor Center, the Social Policy Banking Council that informs the branch, the exchange room where the fund receives the refund of the fund deposit and the account of the signing account. Trust the workers.

b) For the specified cases at the point b 1 Article 6 of this message:

-As slow as 20 days of work, since the day of the domestic worker, the Foreign Labor Centre liquing the contract to work in Korea with the workers and the notice in writing (set for each worker) to the National Council of the Bank. Social and Social Policies-Trade and Social Affairs where workers reside legally before going to work in South Korea, which notes the content: they and the name of the labourers, branches or the Social Policy Bank exchange room where they are located in the United States. receiving the fund, the expenses that the worker must pay from the fund sign account (if any).

-The delay is 10 working days, since the announcement of the announcement by the Foreign Labor Center, the Social Policy Banking Council that informs the branch, the exchange room where the fund receives the refund of the fund deposit and the account of the signing account. Trust the workers.

c) For the specified cases at the point of paragraph 1 Article 6 of this message:

-In a monthly period, the Foreign Labor Center reported the Bureau of Labor Administration outside the list and the information associated with the worker who fled from work under contract and the worker expired the contract not on the right water, staying. Residence and unauthorized work in South Korea.

-The Bureau of Foreign Affairs Administration informed by text (set to each of the workers) to the Council of Social Policy Banking and the Department of Labor and Social Affairs where workers resided legally before going to work in South Korea, which recorded a number of workers. The contents: they and the name of the worker, branch or the Social Policy Bank exchange office where the fund is receiving, the reason for the income of the fund's deposit, the money transfer address.

-The delay is 10 working days, since the date of receiving the text of the Bureau of Foreign Affairs Management, the Department of Labor-Trade and Social Affairs informed the worker or the authorized worker and the family of workers.

-At least 10 working days, since the date of receiving the text of the Foreign Office of Labor Management, the Social Policy Bank informs the branch, the trading room where the fund receives the payment of the payment of the worker ' s funds and transfers. The entire fund (including the root and interest) for the Provincial Employment Fund, the Central City of Central City where the worker resided legally before going to work in South Korea, and informed the Department of Labor Administration and Department of Labor. Traders and Socialists know.

2. The case of worker borrowers Social Policy Bank to sign the fund:

a) For the prescribed cases at the point a 2-Article 6 of this Smart: The Centre for Foreign Labor and the Department of Labor-Trade and Social Affairs implemented as specified for the case stating at the point of a 1 Article; the bank receives the implementation of the fund. the recovery of the loan to the worker and the payment of the worker's funds.

b) For the specified cases at the point b 2 Article 6 of this Notice: The Foreign Labor Centre and the Labor-Trade and Social Service implement as stipulated for the case set at the point b 1 This Article; the bank receives the implementation of the fund. the recovery of the loan to the worker and the payment of the worker's funds.

c) For the specified cases at the point of paragraph 2 Article 6 of this Smart: The Centre for the Foreign Labor, the Foreign Labor Administration and the Department of Labor-Trade and Social Affairs implemented as specified for the case set at the point of paragraph 1 Article. This; the bank receives a fund that makes a loan recall to the worker and the payment of the worker's funds; the case of the worker reimbursable part or the entire loan to sign the fund before the deadline, the remaining money. was transferred to the Fund for the Province of the Province, the Central City.

What? 8. Administration and use of the employee ' s fund of regulation at the point of paragraph 1 and point 2 Article 6 of this Notice after moving into the Fund for the Provincial Employment Settlement, the central city.

1. The employer ' s fund money after moving into the Provincial Fund for the Prefline, the central city is done under the stipulation at a point a 2 item I Digital. 73 /2008/TT-BTC August 1, 2008, of the Ministry of Finance-directed, managed, uses the local employment settlement and the management funding of the National Fund for employment (due to the Director of the Finance Department as the Fund Account holder).

2. Content and the level of propaganda, the disseminalization of policy, law and activities aimed at driving the activity of bringing workers to work abroad and addressing local employment. Specific:

a) The business of training, preliminary, and employment training, to the employment and employment of workers to work abroad. The content and the level of implementation are specified in the Digital Information 97 /2010/TT-BTC June 6, 2010 by the Ministry of Finance that regulates the cost of a fee, the regime organizes conferences on state agencies and the public career unit (later abbreviated as Digital). 97 /2010/TT-BTC).

b) The information, the propaganda of labor policy, employment and operation bringing workers to work abroad:

-The production of radio broadcasts, television on the popular media (radio, television, press) implemented by the regulation at the No. 1 Decision No. 1. 39 /2008/QĐ-TTg March 14, 2008 by the Prime Minister of the Government of the Government of the Government of the Bidding Statute, ordered, tasked with providing a public service service using state budgets and relevant guidelines.

-Community media activity support: radio documentation: 75,000/page 350 from; radio: 15,000 times. It was a national radio: 20,000 each time.

-Buy, clone and release media publications. The degree of implementation is under contract, receipt of receipt or invoice certificate from the legal entity.

-The propaganda organization, advising workers to work abroad and workers ' relatives to lobby workers on water on time:

+ The board of the hall, the font, the canvas, the bench, the loudspeaker device (if any): The level of implementation is on the contract, the receipt or invoice (in the case of a service lease).

+ Report fostering: 200,000 per day.

+ Chi drinks for the organizing committee and attendees: the level of stats according to Digital 97 /2010/TT-BTC.

c) The direct support of the person directly at home to the worker who goes to work abroad: 20,000 persons/persons consulted. The consultation case for many people at the same location, the maximum amount of fostering: $100,000 per person/day.

d) Consuls, introduce employment and support for training, fostering labourers to work abroad on water:

-Chi supports consulting fees, which introduces jobs to workers who work abroad on the country to implement the regulatory expenditures at the U.S. Digital and Private Information. 95 /2007/TTLT-BTC-BLTBXH August 7, 2007 guidelines for the introduction of employment. The receipt of the toll or invoice of the employment service organization, the Department of Labor-Trade and Social Affairs performs the payment of consulting fees, introducing employment to the worker.

-Training, fostering knowledge in the country of enterprise initiation, corporate governance for workers to work overseas with a need to establish a business. The content and the level of implementation are specified in the Digital Information 139 /2010/TT-BTC On September 21, 2010, the Ministry of Finance regulated the planning, management and use of funding from the state budget for training, accretion, civil service.

) What is the test, monitoring, assessment: content and regulatory expenditures at Digital Information 97 /2010/TT-BTC and Digital News 06 /2007/TT-BTC On January 26, 2007, the Ministry of Finance directed the bill, managing and using a funding guarantee for the implementation of policy, strategy, planning, planning.

For the inspection team, the monitoring of the interdisciplinary assessment, the interagency: the agency, the company ' s host unit responsible for the cost of the operation according to the regulatory regime (the money ship travel, the spare sub, the rent in the destination and the action identification). The document, the document, is to work for the members of the crew. In order to avoid the installation, the agency, the unit of the holder of the notice in writing (in invitation, summons) for the agency, the unit sent to work not to pay these expenses.

3. Public Accounting and Accounting:

a) Every year, the Department of Labor-Trade and Social Affairs base of the worker ' s fund is transferred into the Local Employment Employment Settlement Fund by regulation at the point of paragraph 1 and point 2 Article 6 of this Information; the situation performs outstanding work. The employer and the local employment; the content and expenditures stipulated at the Article 2 Article 8; the accounting department for the Department of Finance to determine the Provincial People's Committee, the Central City of the Central Committee to consider, decide.

b) The decision base approx the cost of the Department of the Provincial People's Committee, the Central City of the Central Committee, the Financial Finance Department from the Local Employment Foundation for the Department of Labor and Social Affairs.

c) The level of funding from the local employment settlement fund to spend propaganda, disseminalization of policy, law and activities aimed at promoting labor exports and settlement of local employment is accounted for another source of funding and aggregation on the site. the annual budget decision of the Department of Labor-Trade and Social Affairs under the current regulation.

Chapter III

THE ORGANIZATION.

What? 9. Responsibility to the agencies, units

1. Social Policy Bank ' s responsibility:

a) Process Guide, fund manual for workers.

b) Management and use of the employer's fund as specified in this Information and relevant legislation.

c) The Executive Committee unanimously contracts the fund and the certificate of the fund.

d) A six-month term, annually reporting the management situation and using a worker's fund deposit to the Department of Foreign Service Management.

2. The responsibility of the Foreign Labor Centre:

a) A worker Guide to a Prescribed Fund.

b) Track of the implementation of the labour contract carrying workers to work in South Korea to handle the fund's fund deposits by regulation.

c) A six-month period, annually reporting a worker's implementation of a worker's fund to send the Bureau of Labor Management out of the water.

3. Responsible for the Department of Labor and Social Affairs:

a) presided over, in coordination with political organizations-the information society, advising the workers of the provisions of the law regarding the worker who went to work abroad under contract, the regulations of Vietnam and South Korea on the Licensing Program. work for South Korea ' s foreign labour and the regulation of this Information.

b) The worker's Guide to the prescribed fund.

c) The foreman, the movement of families whose relatives go to work abroad performs the right contract on the water on time.

d) Use of the worker ' s fund money after the submission to the local employment settlement in accordance with the instructions of this Information and the existing regulations.

) A six-month term, annually reporting the use of a worker's fund deposit after filing a local employment settlement to the Department of Finance, and the Bureau of Labor Management.

4. The responsibility of the Bureau of Foreign Affairs Management:

a) Coordinate with the agencies, the related unit that organizes the propagation information and guidelines that implement the provisions of this Information.

b) Check, propose processing problems that arise during the implementation of this Information.

c) A six-month period, annually the combined employment of the Ministry of Labor-Trade and Social Affairs management and use of the employer's funds as prescribed in this Information.

What? 10. The effect of execution

1. This message has been in effect since December 28, 2013.

2. The worker who went to work in South Korea under the employment licensing program for South Korea ' s foreign labour, which appeared in the period from November 20, 2013 to the date of this Smart Day is enforced, implemented by regulation at the time. This is private.

3. In the course of the execution, if there is a proposal to reflect on the Ministry of Labor-Trade and Social Affairs to proactively, coordinate with the Ministry of Finance Research, resolve ./.

KT. MINISTER OF LABOR-Trade and Social Affairs
Chief.

KT. MINISTER OF FINANCE
Chief.

(signed)

(signed)

Nguyen Thanh Hing

Nguyen Thu Minh