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Circular 11/2008/ttlt-Bldtbxh-Btc: Guide To Manage And Use Funds To Support Employment Abroad

Original Language Title: Thông tư liên tịch 11/2008/TTLT-BLĐTBXH-BTC: Hướng dẫn quản lý và sử dụng quỹ hỗ trợ việc làm ngoài nước

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Pursuant to Decree No. 186/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;

Pursuant to Decree No. 77/2003/ND-CP dated 20/7/2003 of government functions, tasks, powers and organizational structure of the Ministry of finance;

Pursuant to decision No. 144/2007/QD-TTg dated 31/8/2007 by the Prime Minister on the establishment, management and use of foreign employment support Fund (hereafter abbreviated as decision No 144/2007/QD-TTg of the Prime Minister), President of the Ministry of labor, invalids and Social Affairs, the Ministry of Finance shall guide the management and use of foreign employment support Fund (hereinafter are written as the Fund) are as follows: i. the SOURCE FORM, the EXTENT and the WAY the FUND CONTRIBUTION 1. Balance Labor export support Fund switching.

2. The contribution of business services as defined in clause 2, article 2 of decision No 144/2007/QD-TTg by the Prime Minister as follows: a) Enterprise Services extract 1% of annual service charge to contribute funds.

The number of annual service charge as a base Fund contribution rate calculation is the annual fee revenue of the business. Business accounting services contributions to the operating costs of bringing laborers working abroad.

b) quarterly, at the latest on the first day of the quarter is later, self service business Declaration and contribute Funds according to regulations. The latest is last quarter of next year, corporate services must contribute fully and set the report of previous year with funds (Declaration and report form in annex 1).

3. the worker's contribution as defined in paragraph 3, article 2 of decision No 144/2007/QD-TTg by the Prime Minister as follows: a) workers contribute 100,000 VND/person/level the Fund contract (including grace period) and was granted the certificate of the Fund participant.

Certificate of participation is the Foundation of authority workers stand a name enjoying the benefits under the provisions of this circular. Certificate of value since the worker paid contributions until the end of the labor contract, including a contract.

The Board of the Fund is responsible for the Organization of printing, publishing and providing a certificate of the Fund participant to employees through the enterprise, organization, put away and the Department of labor-invalids and social (according to the model in annex 2).

b) workers go to work abroad through Enterprise Services business, winning bid, the contractor, the career organization, organizations, individuals investing abroad (hereinafter referred to as the business, the Organization put away) contribute Funds when taking refresher course necessary knowledge before going to work abroad.

c) workers go to work abroad under personal contract to contribute Funds when signing the contract at the Department of labor, invalids and Social Affairs.

d) enterprise, the Organization put away and the Department of labor, invalids and Social Affairs – the province, the city is responsible for collecting Fund contribution of workers under the provisions of this circular and the certification for workers under the guidance of the Board of the Fund; monthly, at the latest within 10 days of the next month is, move the entire collect number of months ago about the Fund's account.

c) (quarter, year), Enterprise, organization, put away and the Department of labor-invalids and social responsibility reporting currency lodging money Fund contribution of workers (according to the model in annex No. 3a) send the Fund enclosed list of employees (according to the model in annex No. 3b).

4. support of the State budget in special cases, at the discretion of the Prime Minister.

5. other income (interest on deposits, the money funded by organizations, individuals in and outside the country).

II. Content, And PROCEDURES To SUPPORT 1. Support the expansion and development of the labor market outside the country under the provisions of clause 1, article 3 decision No 144/2007/QD-TTg dated 31/8/2007 of Prime as follows: a) support activities of exploration, survey and find out the new labour market.

New labor markets are the countries and territories not yet included are Vietnam labor to work according to the contract.

-Supported objects: organizational representatives and individuals are the Ministry of labour invalids and social invite to join the exploration, survey and find out the new labour market.

-Support level: the Foundation supports round-trip flights from Vietnam to work with member countries to be invited in the business and support the entire cost as a rule for the audience paid from the State budget.

-Processes, support procedure: pursuant to decision by the Ministry of labor, invalids and Social Affairs invited the officers to join the labor market surveys abroad, the Fund held buy plane tickets and support other costs (if any) to represent the Organization, individuals are invited to join the delegation.

-Slow as 7 days of the end of the mission, organization and individual are responsible to support the vouchers for the Fund to make the payment procedure under the regulation.

b) support search operations, exploitation of new labor market of the business.

-Object, this condition is supported: Foundation for 5 (five) business first service labor was exploited and to new markets.

-Support level: maximum 30% of the fare and charges for the officers of the business goes to the new labour market exploitation (according to the level of securities regulations of the Ministry of finance for public officers are sent for short-term work abroad due to the State budget ensures funding) but maximum 5,000 (five thousand) us dollars/business/markets.

-Processes and procedures support: enterprise services that support text are foreign workers Administration confirmed as one of the first business year of exploitation and labour brought to work in the new market (according to the model in annex 4) sent the Fund enclosed profiles document: + decision (a) election of officers of the travel agency, the competent organizations;

+ Table costs money and plane tickets for officers of the business goes to the new labour market exploitation (the entire genus vouchers attached to).

Time-resolved genus support: funds responsibly solved in the maximum time limit of 30 working days from receipt of application rules, the case does not resolve to answer in writing and stating the reason.

c) business support in consolidating and developing the traditional labour market.

Traditional labor markets are the countries and territories have taken Vietnam's labor to be working under contract and currently the markets continued to receive the Vietnam labor.

-Object, this condition is supported: bringing service businesses to be on the 500/year/labour market for the market to have a basic salary of workers from 500 USD/person/month or 1,000/year labor market for the market to have a basic salary of workers under 500 USD/person/months and timely resolution of these issues arise for employees.

-Support level: maximum 30% of the cost of living for staff management of the overseas business (under the minimum subsistence level stipulated by the Ministry of finance for public officials was sent to work in Vietnam representative offices abroad), but must not exceed 3,000 (three thousand) us dollars/year/business/markets.

-Processes, support procedures: every year, the business services that support text confirmation of foreign labor management Bureau of labor quantity put away and the situation of the overseas labor management (according to the model in annex 4) sent the Fund enclosed documents document: + decision (a) election of officers going overseas labor management of the Agency, the competent organizations;

+ Table the cost of living expenses for labor management cadre of business abroad (the entire genus vouchers attached to).

Time-resolved genus support; The Fund is responsible for resolving within a maximum of 15 working days from receipt of the contested application rules, the case does not resolve to answer in writing and stating the reason.

d) supports the activities aim to create relationships, enlist partners, collect information to find out, the promotion and search for new markets, to consolidate and develop the traditional labor market of the Ministry of labor, invalids and Social Affairs with regard to the tasks not yet State budget expense layout.

-Support level: do not exceed 30% of the total annual cost of operating the open labour market promotion abroad according to the estimation.

Every year, the Foundation established the genus estimation support for the above activities the Minister of labor, invalids and Social Affairs approval.

-Regulation, support procedure: When there arises the aforesaid activities, agencies, organizations and individuals are tasked to perform the writing Ministry of labor, invalids and Social Affairs approves the content and cost estimation. Based on the content and the estimation, the Foundation funding and regulatory settlement.

DD) support activities promoting the Vietnam labor resources go to work abroad.

-Object, this condition is supported: the Agency was the Minister of labor, invalids and Social Affairs to allow the Organization of activities to promote Vietnam's labor resources go to work abroad.

-Support level: maximum of 50% of the actual cost not to exceed 50% of the approved estimate.

-Processes, support procedures; The agency organizes promotional activities have supported proposal paper sent the Foundation accompanied by the decision of the Minister of labor, invalids and Social Affairs to allow the Organization of activities to promote Vietnam's labor resources go to work abroad (in the decision stating the contents and estimate cost of implementation).

-Time to resolve support: maximum 10 days from receipt of application rules, Fund advance level of funding support by 35%. Cases not settled are answered in writing and stating the reason.


-At the latest after 15 days from the completion of the promotion, the Agency held to payment with Funds according to regulations. The records include: paper billing statement and proposal costs (the entire genus vouchers attached to).

2. support training, fostering and improving the quality of labor resources as specified in clause 2, article 3 decision No 144/2007/QD-TTg dated 31/8/2007 by the Prime Minister.

a) syllabus, fostering foreign language documents, the necessary knowledge to employees.

-Supported objects: workers go to work abroad through business, the Organization put away or individual contract.

-Support level: the Fund provides free textbooks, language training document, the necessary knowledge to employees through the enterprise, organizations put away or the Department of labor-invalids and social (for individual contracts).

-Processes, procedures for support: + quarterly, the business, the Organization put away and the Department of labor-invalids and social (for individual contracts) report and recommendations provided material for workers (according to the model in annex 5);

+ Business, the Organization put away and the Department of labor, invalids and Social Affairs is responsible for setting the window track and document allocations for workers; periodically submit reports annually on the State Funds allocated material for workers (according to the model in annex 5).

b) supports vocational training fees, foreign language knowledge necessary for workers.

-Object, this condition is supported: workers was the wounded soldiers and people enjoy preferential policy regulations, workers in poor households, employees is the ethnic minorities go to work abroad.

-Support level: 50% of course fees to be paid under the rules, but must not exceed 1,500,000 Dong/workers.

-Processes, procedures for more details: + support workers to assist when started taking vocational refresher course, foreign language knowledge required to do the support application fees of the people's Committee of township-level permanent residence and object types of workers (according to the model in annex No. 6a);

+ Business, the Organization sent workers listed in the supported object (according to the model in annex No. 7a) attached by the employee to send the Fund;

-Time to resolve support; a maximum of 10 days from the receipt of the application rules, Fund support to employees through the enterprise, organized, put away the cases not settled are answered in writing and stating the reason. The latest 5 working days from receipt of the money from the Fund, the business, the Organization put away to pay for workers or reduce the fees equivalent to the level of support.

c) fostering support workers, foreign language for workers with regard to the market highly skilled, foreign language.

-Object, this condition is supported: workers taking courses under the pilot scheme sending laborers to work in the demanding market of skilled, foreign languages are the Ministry of labour invalids and social approval for implementation.

-Support level: by 20% of the course fees prescribed in the regulations, but must not exceed 2,000,000 VND/workers.

-Processes and procedures support: enterprises, organizations implementing pilot scheme sending laborers to work in the demanding market of skilled, foreign language list of workers taking the course (by templates in annex No. 7b) send the Fund suggest support for workers accompanied by written approval for the implementation of the scheme (which stated profession the number of employees, training content, course fees).

-Time to resolve support: maximum 10 days from receipt of application rules, Fund support to employees through the enterprise, organization, project, case does resolve to answer in writing and stating the reason. Business, project organization is responsible to pay for workers or reduce the fees equivalent to the level of support.

3. support to resolve risks for workers and enterprise services as defined in clause 3, article 3 decision No 144/2007/QD-TTg dated 31/8/2007 by the Prime Minister.

a) support for relatives of workers killed.

-Supported objects: relatives of workers who died during the time worked abroad. The relatives are authorized workers in contract bringing laborers working abroad.

-Support level: 10,000,000/case.

-Processes, support procedures: relatives of the workers who do risk support form certified by the Social Committee of the worker's household and the relations between the Commissioner and the employees (according to the model in annex No. 6b) send the Fund enclosed a photo of the worker's death certificate or confirmation of Vietnam representative body abroad;

-Time to resolve support: maximum 15 days from receipt of application regulation directly support Fund, for workers or relatives through the banking system of agriculture and rural development of Vietnam (at the address stated in the application). Cases not settled are answered in writing and stating the reason.

b) support for workers in labor accident, accident, sickness, disease is not healthy enough to keep working and have to return home before the deadline.

-Object, this condition is supported: workers are working abroad as contract labor accident, accident, sickness, disease is not healthy enough to keep working and have to return home before the deadline. This support does not apply to employees or contract out water as soon as water comes to work due to medical errors in the water.

-Support level: maximum of 5,000,000 VND/case for employees working abroad is equal to or less than 50% of the contract term and up to 3,000,000 Dong/case for employees working abroad in over 50% of the contract term.

-Processes, procedures for more details: + support workers or workers who are authorized to make recommendations to support the risk of people's Committee of township-level people's household labor and relations between the Commissioner and the employees (according to the model in annex No. 6b) send Funds through the business bring organization, or Department of labor-invalids and social contract where the attached certificate of country health authorities or bodies representing Vietnam in that country about not enough health workers to continue working;

+ Business, put away the Organization and Department of labor-invalids and social workers listed in the aforesaid object (according to the model in annex 8) attached by the employee to send the suggested Fund support for workers;

-Time to resolve support: maximum of 15 days from the receipt of the application, the Fund regulations review, support to employees through the enterprise, organizations put away or the Department of labor-invalids and social cases not settled are answered in writing and stating the reason. The latest 5 working days from receipt of the money from the Fund, the business, the Organization put away or the Department of labor-invalids and society must pay for workers.

c) support workers in some cases risks objectively.

-Supported objects: workers go to work abroad under contract.

-Support level: Minister of labor, invalids and Social Affairs decided to support a maximum of 5,000,000 levels/instances, on the basis of recommendations of the Board of Trustees.

-Processes, support procedures: the Board of Trustees guiding the process, the procedures for support profile suitable to each specific case.

d business support) to address risks for workers.

-Objects, conditions are supported: service business to election officers abroad to solve the risk for workers who died during the time worked abroad.

-Support level: by 1st class air tickets is usually (a weekly) from Vietnam to water workers work.

-Regulations and procedures support: business proposal paper support (according to the model in annex 4) sent the Fund attached to the papers, the following documents: + decision (a) election of officers of the travel agency, the competent organization, a copy of air ticket officer stalked away the work;

+ A Photo death certificate of workers.

Time-resolved genus support: funds responsibly solved in the maximum time limit of 15 working days from receipt of application rules, the case does not resolve to answer in writing and stating the reason.

4. Expenses the information propagated advocates, the party's policy, the laws of the State of Vietnam labor operation went to work abroad in order to raise awareness of the society, the common model of the effect of bringing the laborers working abroad. Contract spending to ensure economic saving, reasonable and proper rules of finance.

5. Branch management and operating the Fund.

The Fund is 10% on the total annual revenue to spend on management and operation of the Fund, including the following: a) spend money on wages, remuneration for the management and operation of the Fund.

-Officer, servant, officer in the payroll working at the Fund are entitled to salary, allowances and contributions (health insurance, social security, Trade Union funding) according to the current rules for the State's business units have currency;

-Officers, public servants, officers are assigned to part-time work in the Fund were entitled to allowances under the National Fund management suitable to the time worked at the Fund. Depending on the workload and the level of participation, the President of the Board of Trustees decided the level of allowances for each Member of the Board of Trustees and Chairman of the Board of the Fund, decide the level of allowances for each Executive Board Member, but does not exceed the maximum basic salary according to whether the level, the provisions of Decree No. 204/2004/CP dated December 14, 2004 of the Government.

-Officers are employed under a work contract mode at the Fund: to follow the current rules.


b) expenses, work Union, the delegation to the Conference, the Conference served directly for the Foundation's activities apply under current rules. These special cases can exceed the level prescribed by the Chairman of the Board of Trustees decided.

c) professional expenses and other expenses related to the operation of the Fund, such as the genus stores, repair of fixed assets; Office supplies expenditure, payment of public services (electricity, fuel, sanitation, environment, etc.) follow the current mode.

III. FINANCIAL MANAGEMENT Of The FUND 1. To fund accounting work organization, settlement in accordance with the current provisions of the law on accounting, finance; subject to the inspection, testing, auditing of the financial activities of the Fund. Head of the Board of the Fund is the account holder and responsible financial management and accounting of the Fund.

a) with respect to the Board of the Fund:-observance of the regulations on accounting, accounting ledger, open to recording and storage systems, the whole of the economy, financial services relating to the operation of the Fund under the provisions of the administrative accounting mode current career;

-Create and send full, timely financial reports and recurring annual settlement funds for the Ministry of labor, invalids and Social Affairs and the financial regulatory agency.

b) organized, put away the personal and Department of labor, invalids and Social Affairs is responsible for:-opening facility, notes, periodic and annual reports (according to the model in annex 9) on the implementation of support for workers sent the Fund enclosed the entire support vouchers.

-Department of labor-invalids and social spending and make the settlement funds were Fund stated at point b, paragraph 5, section II of this circular under the current financial regulations and instructions of the Board of the Fund.

2. in special cases should have the support of the State, the Board of Trustees established the cost of sending Ministry of labour invalids and social review suggested the Ministry of finance general Prime decision maker. Ministry of labor, invalids and Social Affairs is responsible for finalizing funding support for GOVERNMENT EXCESSIVE funds and General GOVERNMENT EXCESSIVE spending settlement in each year's Ministry of labor, invalids and Social Affairs-under regulations.

3. The Fund must be made public under the financial regulation.

IV. IMPLEMENTATION 1. This circular has the effect after 15 days from the Post Gazette, the previous rules for Labor export support Fund was abolished.

2. only workers support Fund under the provisions of this circular when fully Fund contributions and are entitled to a maximum of one (1) times for each content support for each Fund contribution. Particularly for laborers working abroad under Decree No. 81/2003/ND-CP on 17/7/2003 by the Government and the law of Vietnam laborers to work abroad under contract before the date of the decision No 144/2007/QD-TTg by the Prime Minister in effect if risks during overseas work under contract (the contract) is supported by specified in point a, b, c paragraph 3. Section II of this circular.

3. Enterprise Services violated the Fund contribution will be considered processed under the provisions of Decree No. 144/2007/ND-CP on 10/9/2007 by the Government.

4. organizations and individuals put away and the Department of labor, invalids and social responsibility and guide workers to make the provisions of this circular.

The case of the Organization put away is dissolved or bankruptcy, the risk to support workers are the direct settlement Funds.

5. The Ministry of finance is responsible for examining, monitoring the management and use of funds.

6. the people's committees of provinces and cities under central are responsible for organizing, advocacy, dissemination of State support policies for laborers working abroad as stipulated in decision No 144/2007/QD-TTg by the Prime Minister and this circular.

7. In the process of implementation, if any problems arise or difficult obstacles, the proposal reflects on Ministry of labour, invalids and Social Affairs, the Ministry of finance to promptly resolve./.