Laws of Vietnam

THE PRIME MINISTER

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 Minister's 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.

Article 2.- Sources for setting up and levels of contribution to the fund

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.

2. Training and raising the quality of workforce:

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 are 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 Fund's Management Council, the maximum level is VND 5,000,000/case.

b/ To support 01 air fare (one way) from Vietnam to a host country for officers sent by enterprises abroad to handle risks for workers who die overseas.

4. Expenses for the publicization of the Party's orientations and policies and the State's 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 Fund's 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 Fund's 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 Fund's 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 Fund's 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 Fund's orientations, operational plans and financial finalization reports;

c/ To inspect and supervise the Fund's Executive Board in the implementation of policies and laws and execution of the Management Council's decisions, ensuring that the Fund's support is provided to proper beneficiaries according to strict and consistent procedures;

d/ Other rights and obligations under its operation regulations.

3. The Fund's 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 Fund's 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;

c/ To decide on the setting up, and promulgate working regulations, of the Fund's Management Council and Executive Board.

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 Minister's 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 People's Committees, and concerned organizations and individuals shall implement this Decision.