Thông tư 21/2013/TT-BLDTBXH

CIRCULAR

PROVIDING FOR THE CEILING LEVEL OF DEPOSIT AND LABOR MARKETS IN WHICH SERVICE ENTERPRISES PERMITTED MAKING AGREEMENT ABOUT THE DEPOSITING WITH LABORERS

Pursuant to the Government’s Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Article 23 of Law on Vietnamese laborers going abroad for working under the labor contract, dated November 29, 2006;

At the request of Director of the Department of Overseas Labor Administration;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular providing for the ceiling level of deposit and labor markets in which service enterprises permitted making agreement about the depositing with laborers going abroad for working under the labor contract.

Article 1. Scope of regulation

This Circular provides for the ceiling level of deposit and labor markets in which enterprises providing service of putting Vietnamese laborers going abroad for working permitted making agreement about the depositing with laborers going abroad for working under the labor contract.

Article 2. Subjects of application

1. Service enterprises licensed for providing service of putting Vietnamese laborers going abroad for working under the labor contract (hereinafter collectively referred to as service enterprises).

2. Vietnamese laborers going abroad for working under the contract of putting laborers going abroad for working signed with service enterprises (hereinafter collectively referred to as laborers).

Article 3. Principles of the depositing  

Laborers and service enterprises shall agree about the depositing according to trades, countries receiving laborers with a deposit not exceeding the ceiling level of deposit specified in this Circular.

Article 4. The ceiling level of deposit and labor markets permitted making agreement about the depositing

1. The labor market in which service enterprises permitted making agreement about the depositing with laborers and the ceiling level of deposit of laborers at some labor markets shall comply with Annex No.01 promulgated together with this Circular.

2. In case laborers fail to conduct the depositing or have not enough money for the depositing, service enterprises may agree with laborers to conduct guarantee as prescribed in the Joint Circular No. 08/2007/TTLT-BLDTBXH-BTP dated July 11, 2007 of the Inter-Ministries of Labor, Invalids and Social Affairs and the Ministry of Justice, guiding in details some issues about content of guarantee contract and liquidation of contracts guaranteeing for laborers going abroad for working under the contract.

Article 5. Management and use of deposit

The management and use of deposit of laborers shall comply with provisions in the Joint Circular No. 17/2007/TTLT-BLDTBXH-NHNNVN dated September 04, 2007 of the Ministry of Labor, Invalids and Social Affairs and the State bank of Vietnam, providing for the management and use of deposit of enterprises and laborers going abroad for working under contract.

Article 6. The reporting regime

Service enterprises shall report periodically, irregularly (as requested) about situation of implementation, management and use of deposits of laborers and send, to the Department of Overseas Labor Administration, reports made according to the form in Annex No. 02 promulgated together with this Circular before June 20 and December 20 annually.

Article 7. Transitional provisions

Agreements between service enterprises and laborers about deposit at labor markets performed before the effective date of this Circular shall be continued implementing until such agreements about deposit are invalidated.

Article 8. Organization of implementation

1. Service enterprises and laborers shall implement in accordance with this Circular.

2. The Department of Overseas Labor Administration, inspectorate of the Ministry of Labor, Invalids and Social Affairs, Departments of Labor, Invalids and Social Affairs of provinces, central-affiliated cities, and other relevant agencies shall examine, supervise and urge implementation of enterprises

3. This Circular takes effect on December 01, 2013.

4. In the course of implementation, any arising problems should be reported to the Ministry of Labor, Invalids and Social Affairs for timely guide and supplementation.

ANNEX NO. 01

THE CEILING LEVELS OF DEPOSIT WHICH ENTERPRISES ARE PERMITTED MAKING AGREEMENTS ABOUT THE DEPOSITING WITH LABORERS AT SOME LABOR MARKETS (Enclosed with the Circular No.21/2013/TT-BLDTBXH dated October 10, 2013, of the Ministry of Labor, Invalids and Social Affairs)

ANNEX NO. 02

 (Enclosed with the Circular No.21/2013/TT-BLDTBXH dated October 10, 2013, of the Ministry of Labor, Invalids and Social Affairs)

Name of enterprises providing service of putting laborers going abroad for working:

Address:

Telephone:             Facsimile:

Contact level:

REPORT

IMPLEMENTATION, MANAGEMENT AND USE OF DEPOSIT OF LABORERS GOING ABROAD FOR WORKING
From 20^th day of month …….. year ……… to  20^th day of month …….. year ……….

Respectfully to: The Department of Overseas Labor Administration