Decision No. 05/2007/QD-BLDTBXH stipulates the maximum brokerage fee for labor export to certain markets, applicable to enterprises and workers. This decision takes effect from the date of publication in the Official Gazette.
Đối tượng áp dụng
Enterprises sending workers to work abroad; Workers being exported for labor.
Các điểm cốt lõi
- Enterprises → agree on specific brokerage fees for each contract with partners and workers, wherein the portion of the fee contributed by the worker must be clearly stated in the contract.
- Workers → contribute the brokerage fee according to the enterprise's agreement, and shall not be charged if the market or contract does not require it.
- Enterprises → collect, remit, and pay brokerage fees in accordance with Circular Joint Circular No. 59/2006/TTLT-BTC-BLDTBXH.
- The Overseas Labor Management Department → guide, inspect the collection of brokerage fees by enterprises, and handle violations.
- This decision → takes effect fifteen days after its publication in the Official Gazette.
🌐 Tác động xã hội từ văn bản này
- Positive: Reduces financial burden on workers when enterprises and foreign partners have agreed on brokerage fees.
- Negative: May cause difficulties in finding labor export markets if enterprises do not comply with regulations.
❓ Câu hỏi thường gặp
What is the maximum brokerage fee that enterprises can charge?
Specific maximum brokerage fees for each market are detailed in the Appendix attached to this Decision. Enterprises must negotiate specific brokerage fees with partners for each contract.
How do workers contribute to the brokerage fee?
The portion of the brokerage fee contributed by the worker (if any) must be clearly stated in the contract for sending workers abroad, and the enterprise collects it once before the worker departs to work overseas.
How are enterprises penalized for violating the regulations?
The Overseas Labor Management Department will guide, inspect, and handle violations according to the law for enterprises that do not comply with regulations on collecting brokerage fees.
To which contracts does this decision apply?
This decision applies to contracts registered with the Overseas Labor Management Department from the date the decision takes effect.
When does this decision take effect?
This decision takes effect fifteen days after its publication in the Official Gazette.
Toàn văn
Pursuant to …;
Regarding the regulation on the maximum brokerage fee for exporting labor to certain markets
________________________________
THE MINISTER OF LABOR, INVALIDS AND SOCIAL AFFAIRS
Pursuant to Decree No. 29/2003/NĐ-CP dated March 31, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;
Pursuant to Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government detailing and guiding the implementation of the Labor Code regarding Vietnamese workers working abroad;
Pursuant to Circular Joint No. 59/2006/TTLT-BTC-BLĐTBXH dated June 26, 2006 of the joint Circular of the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs guiding on brokerage fees in labor export;
Considering the proposal of the Director of the Overseas Labor Management Department.
Pursuant to …;
Article 1. Issued herewith with this Decision are regulations on the specific maximum brokerage fees for labor export to certain markets as set out in the attached Appendix.
Based on the term of the contract and the maximum brokerage fee specified in this Decision, enterprises shall negotiate with partners about the specific brokerage fee for each contract and agree with workers on the brokerage fee that workers will contribute.
Article 2. The portion of the brokerage fee contributed by workers (if any) must be clearly stated in the contract for sending workers to work abroad, and the enterprise may collect it once before the worker departs for work abroad.
Article 3. Enterprises are strictly prohibited from collecting brokerage fees from workers for markets and contracts where foreign partners do not require such fees.
Article 4. The collection, payment, and settlement of brokerage fees shall be carried out in accordance with the provisions of Circular Joint No. 59/2006/TTLT-BTC-BLĐTBXH dated June 26, 2006 of the joint Circular of the Ministry of Finance and the Ministry of Labor, Invalids and Social Affairs guiding on brokerage fees in labor export.
Article 5. The Overseas Labor Management Department is responsible for guiding, inspecting the collection of brokerage fees by enterprises in accordance with this Decision and handling violations in accordance with the law.
Article 6. This Decision takes effect fifteen days after its publication in the Official Gazette and applies to contracts registered with the Overseas Labor Management Department from the date this Decision takes effect.
Article 7. The Head of the Ministry's Office, the Director of the Overseas Labor Management Department, the Directors of enterprises sending workers to work abroad, and the Heads of related units are responsible for implementing this Decision./.
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