JOINT CIRCULAR No. 09/2016/TTLT-BLDTBXH-BTC GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS ON SUPPORT FOR EMPLOYEES TO WORK ABROAD UNDER CONTRACT AS PROVIDED IN DECREE No. 61/2015/NĐ-CP OF JULY 9, 2015 OF THE GOVERNMENT ON EMPLOYMENT POLICIES AND THE NATIONAL EMPLOYMENT FUND

 

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING CERTAIN ARTICLES ON SUPPORTING LABORERS TO WORK ABROAD UNDER CONTRACTS AS PROVIDED IN DECREE NO. 61/2015/NĐ-CP OF JULY 9, 2015 ISSUED BY THE GOVERNMENT ON POLICIES TO SUPPORT JOB CREATION AND THE NATIONAL EMPLOYMENT FUND

FOREIGN LABOR GOVERNED BY CONTRACTS AS PROVIDED FOR IN DECREE NO. 61/2015/NĐ-CP OF JULY 9, 2015 ISSUED BY THE GOVERNMENT ON EMPLOYMENT SUPPORT POLICIES AND THE NATIONAL EMPLOYMENT FUND

DECREE NO. 61/2015/ND-CP OF JULY 9, 2015 OF THE GOVERNMENT ON EMPLOYMENT SUPPORT POLICIES

AND THE NATIONAL EMPLOYMENT FUND

 _______________________________

Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government on the organizational structure and functions of the Ministry of Labor, Invalids and Social AffairsGovernment stipulates functions, tasks, rightsn and organizational structure of the Ministry of Labor - Invalids and Social Affairs pursuant to Decision No. 12/2013Pursuant to the request of the Director General of the Department of Vocational Education;

Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government on the organizational structure and functions of the Ministry of Financeng 12 year 2013 of the GovernmentGovernment stipulates functions, tasks, rightsn and organizational structure of the Ministry of Finance pursuant to Decision No. 7/2015c) Supplementing point c of Clause 3 as follows:

Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government on policies to support job creation and the National Employment Fundng 7 year 2015 of the Government on employmentemployment support policies support policies and the National Employment Fundnational employment fundwork;

The Ministers of Labor, Invalids and Social Affairs and of Finance hereby issue this Joint Circular guiding the implementation of certain Articles on supporting laborers to work abroad under contracts as provided in Decree No. 61/2015/NĐ-CP of July 9, 2015 issued by the Government on policies to support job creation and the National Employment Fund (hereinafter referred to as Decree No. 61/2015/NĐ-CP).jointly promulgating Circulars guiding the implementation of certain provisions on supporting the dispatch of workers to work abroad under contracts as stipulated in Decree No. 61/2015/NĐ-CP dated July 9, 2015 issued by the Government on employment support policies and the National Employment Fund 61/2015/ND-CP dated July 9, 2015 of the Governmentnment on employment (hereinafter referred to as Decree No.61/2015/NĐ-CP). 61/2015/ND-CP).

Article 1. Scope of Regulation

This Joint Circular guides the procedures, formalities, levels of support for laborers going to work abroad under contracts, and the contents and levels of support for developing overseas labor markets as stipulated in Article 10 and Article 12 of Decree No. 61/2015/NĐ-CP.

Article 2. Applicability

1. Laborers who wish to work abroad under contracts belong to the following categories:

a) Ethnic minority people;

b) People from poor households and near-poor households as defined by law;

c) Relatives of those who have rendered meritorious services to the revolution as specified in Clause 1, Article 4 of Decree No. 31/2013/NĐ-CP dated April 9, 2013 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Those Who Have Rendered Meritorious Services to the Revolution;

d) People from households whose agricultural land has been reclaimed as specified in Decision No. 63/2015/QĐ-TTg dated December 10, 2015 of the Prime Minister on policies to support vocational training and employment for laborers whose agricultural land has been reclaimed.

2. Other agencies, organizations, and individuals related to the contents stipulated in Article 1 of this Joint Circular.

Article 3. Contents and Levels of Support for Laborers Going to Work Abroad Under Contracts

1. Supporting costs for vocational training, foreign language training, and necessary knowledge enhancement:

a) Vocational training: according to actual costs, with a maximum level as prescribed in Article 4 of Decision No. 46/2015/QĐ-TTg dated September 28, 2015 of the Prime Minister on policies to support training at the primary level and training lasting less than three months;

b) Foreign language training: according to specific rates for each course and actual training time, with a maximum of 3 million VND per person per course;

c) Necessary knowledge enhancement: according to actual costs, with a maximum of 530,000 VND per person per course;

d) Food expenses during training: 40,000 VND per person per day;

đ) Travel expenses (one round trip) for laborers from their legal place of residence to the training location: 200,000 VND per person per course if the distance between the place of residence and the training location is 15 kilometers or more; 300,000 VND per person per course if the distance between the place of residence and the training location in particularly difficult economic and social areas is 10 kilometers or more;

e) Laborers specified in Clause 1, Article 2 of this Joint Circular who belong to poor districts as defined in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government on the Program to Rapidly and Sustainably Reduce Poverty in 61 Poor Districts (hereinafter referred to as Resolution No. 30a/2008/NQ-CP) shall be additionally supported living expenses during training and essential personal items according to the rate prescribed in Point a, Clause 3, Article 5 of Joint Circular No. 31/2009/TTLT-BLDTBXH-BTC dated September 9, 2009 of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance guiding the implementation of certain contents of Decision No. 71/2009/QĐ-TTg dated April 29, 2009 of the Prime Minister approving the Project to Support Poor Districts in Promoting Labor Export to Contribute to Sustainable Poverty Reduction for the Period 2009-2020 (hereinafter referred to as Decision No. 71/2009/QĐ-TTg).

2. Supporting costs for procedures to go to work abroad include:

a) Passport processing fees according to the rate prescribed in Circular No. 157/2015/TT-BTC dated October 8, 2015 of the Ministry of Finance on the system of collection, payment, and management of passport processing fees, visa fees, entry and exit permits, and residence permits in Vietnam;

b) Criminal record certificate issuance fees according to the rate prescribed in Circular No. 174/2011/TT-BTC dated December 2, 2011 of the Ministry of Finance on the system of collection, payment, management, and use of criminal record certificate issuance fees;

c) Visa processing fees according to the current regulations of the labor-receiving country;

d) Health examination costs according to the actual service price of healthcare facilities authorized to conduct health examinations for laborers working abroad, with a maximum support level of 750,000 VND per person.

3. Supporting risk resolution during work abroad:

Laborers encountering risks during work abroad will be supported in resolving such risks according to the rate prescribed in Point a, Clause 3, Article 3 of Decision No. 144/2007/QĐ-TTg dated August 31, 2007 of the Prime Minister on the establishment, management, and use of the Overseas Employment Support Fund and related guiding documents.

4. Supporting vocational training and skill improvement:

a) Laborers participating in programs to improve vocational skills according to the requirements of contracts between Vietnamese enterprises and foreign partners will be supported part of the cost of skill enhancement, vocational skill improvement, and foreign language training, with the support amounting to 70% of the training cost of each course by the training institution but not exceeding the support level prescribed in Points a and b, Clause 1 of this Article;

b) Laborers participating in high-level training programs agreed upon between the Vietnamese Government and the receiving country will be supported training costs according to the agreement between the two governments.

5. In cases where laborers simultaneously belong to two or more categories as prescribed in Clause 1, Article 2 of this Joint Circular, they may choose to apply the most beneficial category for them and can only enjoy the support once as prescribed in Clauses 1, 2, 3, and 4 of this Article.

6. Workers specified in Clause 1, Article 2 of this Joint Circular who reside in poor districts according to Resolution No. 30a/2008/NQ-CP may choose to apply for support policies as prescribed in this Joint Circular or as prescribed in Decision No. 71/2009/QĐ-TTg. In cases where workers follow the provisions of this Joint Circular, they shall not follow the provisions of Decision No. 71/2009/QĐ-TTg and vice versa.

Article 4. Procedures and formalities for supporting workers going abroad under contracts

1. For the contents of support as prescribed in Clauses 1 and 2, Article 3 of this Joint Circular:

The application package for support includes:

- Application for Support Form No. 01 issued together with this Joint Circular;

- Documents proving that the worker falls within the category prescribed in Clause 1, Article 2 of this Joint Circular, including: + Ethnic minority workers: a copy of their ID card or passport or citizen identification card;

+ Workers from poor or near-poor households: confirmation from the People's Committee of the commune, ward, or town on the Application for Support form of the worker;

+ Workers who are relatives of those who have rendered meritorious services to the revolution: confirmation that they are relatives of those who have rendered meritorious services to the revolution according to Form No. 02 issued together with this Joint Circular;

- A copy of the contract signed between the worker and the enterprise sending workers abroad (with confirmation from the enterprise) or a copy of the individual contract signed between the worker and the employer (if the contract is in a foreign language, it must be translated into Vietnamese and certified) and registration confirmation of the individual contract by the Department of Labor - Invalids and Social Affairs;

- A copy of the passport and visa;

- A copy of the certificate or certificate of completion of vocational training, language courses, or necessary knowledge enhancement programs serving as the basis for reimbursement of accommodation and food expenses during training;

- Receipts or payment vouchers for vocational training, language courses, necessary knowledge enhancement programs, health check-ups, passports, visas, and criminal records;

Within no more than ten working days from the date of receiving complete and valid application packages from workers, the Labor - Invalids and Social Affairs authority is responsible for paying the support money (directly or through a bank account) to the workers; and retaining the aforementioned application packages and documents according to regulations.

b) Workers whose agricultural land has been reclaimed:

Workers submit one set of application documents (either directly or via postal service) to the project investor including:

- Application for Support Form No. 01 issued together with this Joint Circular;

- A copy of the contract signed between the worker and the enterprise sending workers abroad (with confirmation from the enterprise) or a copy of the individual contract signed between the worker and the employer (if the contract is in a foreign language, it must be translated into Vietnamese and certified) and registration confirmation of the individual contract by the Department of Labor - Invalids and Social Affairs; - A copy of the passport and visa;

- A copy of the certificate or certificate of completion of vocational training, language courses, or necessary knowledge enhancement programs serving as the basis for reimbursement of accommodation and food expenses during training;

- Receipts or payment vouchers for vocational training, language courses, necessary knowledge enhancement programs, health check-ups, passports, visas, and criminal records;

Within no more than ten working days from the date of receiving complete and valid application packages from workers, the project investor is responsible for paying the support money (directly or through a bank account) to the workers.

2. For the content of support as prescribed in Clause 3, Article 3 of this Joint Circular: The procedures and formalities for support are implemented according to the provisions of Joint Circular No. 11/2008/TTLT-BLDTBXH-BTC dated July 21, 2008, issued by the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance guiding the management and use of the Overseas Employment Support Fund.

3. For the content of support as prescribed in Point a, Clause 4, Article 3 of this Joint Circular:

a) Based on the demand and number of workers participating in vocational training, language courses, and the amount of support for training costs as prescribed in Point a, Clause 4, Article 3 of this Joint Circular and the budget allocated by the competent authority, the Ministry of Labor - Invalids and Social Affairs (Overseas Labor Management Bureau) signs a procurement contract for enhancing vocational skills and language training for workers with enterprises or organizations sending workers abroad under contracts according to Decision No. 39/2008/QĐ-TTg dated March 14, 2008, issued by the Prime Minister establishing the bidding, procurement, and assignment system for public service provision using state budget funds;

b) Based on the signed procurement contract for training and the list of workers participating in the training, the Overseas Labor Management Bureau implements provisional funding payments to enterprises or organizations undertaking the task according to the provisions of Circular No. 39/2016/TT-BTC dated March 1, 2016, issued by the Ministry of Finance amending and supplementing some articles of Circular No. 161/2012/TT-BTC dated October 2, 2012, issued by the Ministry of Finance regarding the control and settlement of state budget expenditures through the State Treasury;

c) The Overseas Labor Management Bureau is responsible for organizing the acceptance, liquidation, and final payment of the contract value (if applicable):

- If less than 70% of trainees complete the course and go abroad to work, only the actual training costs for the number of trainees who have left the country will be reimbursed;

- If 70% or more of trainees complete the course and go abroad to work, the training costs for all participants in the course as stipulated in the signed contract will be reimbursed;

d) Enterprises or organizations sending workers abroad under contracts are responsible for paying the state-supported amounts to trainees according to the levels stipulated in the contract signed with the Overseas Labor Management Bureau.

d) Documents retained by enterprises and public service organizations include:

- The outsourcing training contract between the enterprise or public service organization sending workers to work abroad under a contract and the Overseas Labor Management Department;

- The joint training contract between the vocational training institution and the enterprise or public service organization sending workers to work abroad under a contract (in cases where the enterprise or public service organization does not organize training for workers themselves);

- The worker's application for support according to Form No. 03 issued together with this Joint Circular;

- Documents proving that the worker falls within the category specified in Clause 1, Article 2 of this Joint Circular;

- The acceptance and settlement record of the outsourcing training contract between the enterprise or public service organization and the Overseas Labor Management Department;

- The contract for working abroad signed between the worker and the enterprise or public service organization sending the worker to work abroad under a contract.

4. For the support content stipulated in Point b, Clause 4, Article 3 of this Joint Circular: The Ministry of Labor - Invalids and Social Affairs shall specify the procedures and formalities for support according to each specific program and in accordance with current regulations.

Article 5. Support for developing the overseas labor market

1. Support for developing the overseas labor market includes:

a) Research surveys and collection of information on the overseas labor market:

- Studying existing labor markets and potential markets suitable for Vietnamese workers;

- Investigating, surveying, collecting, and compiling materials;

- Purchasing materials about potential labor markets for Vietnamese workers;

b) Promoting information about the Vietnamese labor force abroad:

- Organizing conferences and seminars to introduce the Vietnamese labor force;

- Developing materials, publications, and communication programs about the Vietnamese labor force (documentaries, informational films, books, posters, leaflets, etc.);

- Promoting and advertising about the Vietnamese labor force:

+ Through materials and publications;

+ On foreign mass media (if applicable);

+ On the Internet;

c) Promoting the development of the overseas labor market:

- Building a database of Vietnamese workers working abroad under contracts;

- Developing materials, publications, and communication programs to guide Vietnamese workers working abroad to protect their legitimate rights and interests;

- Developing materials, publications, and communication programs to introduce various labor markets to workers willing to work abroad; organizing meetings and encounters with foreign businesses and organizations;

- Organizing cultural events for Vietnamese workers abroad;

- Training to enhance capabilities in promoting the development of the overseas labor market.

2. Content and level of support:

a) Costs for purchasing, collecting information and materials about new labor markets accepting Vietnamese workers, and promoting and advertising about the Vietnamese labor force on foreign mass media: The Director of the Overseas Labor Management Department decides based on actual circumstances within the annual budget approved, ensuring economy and effectiveness;

b) Costs for research, compilation, and construction of projects evaluating the potential and trends of accepting labor from the overseas market: Implemented according to the provisions of Joint Circular No. 55/2015/TTLT-BTC-BKHCN dated April 22, 2015, of the Ministry of Finance and the Ministry of Science and Technology guiding the establishment, allocation, and settlement of budgets for scientific and technological tasks funded by state budget;

c) Travel expenses, travel allowances, and other costs for civil servants participating in research and survey teams, organizing events, and promoting the Vietnamese labor force at overseas markets: Implemented according to the provisions of Circular No. 102/2012/TT-BTC dated June 21, 2012, of the Ministry of Finance regarding the system of allowances for civil servants traveling abroad for short-term assignments funded by the state budget;

d) Costs for organizing events and seminars abroad include: rental fees for conference halls, equipment, decoration, sound, lighting, interpretation, reception, speakers, materials, drinking water; organizing cultural activities for Vietnamese workers abroad: settled according to the contract signed with the service provider for organizing events and seminars abroad and valid invoices but not exceeding the approved budget;

e) Costs for hosting foreign guests and organizing international conferences on promoting new overseas labor markets: implemented according to the provisions of Circular No. 01/2010/TT-BTC dated January 6, 2010, of the Ministry of Finance regarding the system of expenses for hosting foreign guests visiting Vietnam, organizing international conferences in Vietnam, and hosting domestic guests;

f) Costs for building, publishing, and distributing publications, materials, and communication programs: implemented according to the provisions of Decree No. 130/2013/NĐ-CP dated October 16, 2013, of the Government on the production and supply of public goods and services and guiding documents;

g) Support for building a database of Vietnamese workers working abroad: implemented according to the provisions of Circular No. 194/2012/TT-BTC dated November 15, 2012, of the Ministry of Finance guiding the level of expenditure for creating electronic information to maintain the regular operation of agencies and units using state budget funds and Joint Circular No. 19/2012/TTLT-BTC-BKH&ĐT-BTTTT dated February 15, 2012, of the Ministry of Finance, the Ministry of Planning and Investment, and the Ministry of Information and Communications guiding the management and use of funds for implementing the National Program on the Application of Information Technology in State Agency Activities.

h) Organizing training courses to enhance capacity and skills for promoting overseas labor market development: carried out in accordance with the provisions of Circular No. 139/2010/TT-BTC dated September 21, 2010, issued by the Ministry of Finance, on the preparation of budget estimates, management, and utilization of state budget funds allocated for training and cadre development.

Article 6. Sources of funding for implementation

1. The training and vocational skill development funding, foreign language training funding, necessary knowledge enhancement funding, and costs for procedures to work abroad for workers specified in Points a, b, and c, Clause 1, Article 2 of this Joint Circular, and funding for developing the overseas labor market shall be allocated within the regular budget estimate of agencies and units assigned to perform tasks at the central and local levels in accordance with the current laws on the decentralization of the state budget.

In 2016, the central government will supplement the target-oriented budget for localities that have not yet achieved self-balancing of their state budgets to implement policies.

2. Training and vocational skill development funding, foreign language training funding, necessary knowledge enhancement funding, and costs for procedures to work abroad for workers specified in Point d, Clause 1, Article 2 of this Joint Circular shall be allocated from the project investment budget or compensation and resettlement plan approved by the competent authority in accordance with Decision No. 63/2015/QĐ-TTg dated December 10, 2015, of the Prime Minister on vocational training policies and employment solutions for workers whose land has been reclaimed.

3. Funding to support workers going abroad to participate in training programs to improve their occupational skills according to the requirements of the labor supply contracts between Vietnamese enterprises and foreign partners and high-level training programs under agreements between the Government of Vietnam and other countries shall be allocated from the implementation budget of the Vocational Education and Employment Safety Program for the period 2016-2020. After 2020, the allocation will be made in accordance with the regulations of the competent authority.

4. Other legitimate sources of funding.

Article 7. Responsibilities of agencies and project investors

1. Labor - Invalids and Social Affairs Department:

a) The Ministry of Labor - Invalids and Social Affairs decides on the training cost for vocational skills and foreign languages in accordance with the training program and duration after consulting with the Ministry of Finance;

b) Provincial Labor - Invalids and Social Affairs Departments: - Propose to the Chairman of the People's Committee of the province or centrally-administered city to decide on entrusting the Provincial Labor - Invalids and Social Affairs Department or District Labor - Invalids and Social Affairs Office to receive applications and disburse support funds to workers in accordance with this Joint Circular, ensuring suitability with local conditions; - Report periodically every six months (before July 31) and annually (before January 31 of the following year) on the implementation of the support fund and the number of workers supported to the Ministry of Labor - Invalids and Social Affairs (Overseas Labor Management Bureau) for consolidation and monitoring;

c) Take the lead in coordinating with relevant agencies to publicize policies and support systems for workers and carry out tasks as stipulated in this Joint Circular;

d) Annually, develop plans and budget estimates for state budget support for workers going abroad under contracts and support for developing the overseas labor market, and submit them to the financial authorities at the same level for consolidation in accordance with the regulations.

2. Financial Authorities: Consolidate the budget estimates for supporting workers going abroad under contracts and support for developing the overseas labor market, and submit them to the competent authority for decision-making in accordance with the current laws on the decentralization of the state budget.

3. Project Investors: Base on the support levels specified in Clause 1 and Clause 2, Article 3 of this Joint Circular to develop plans and prepare budget estimates for supporting workers going abroad within the total budget of the investment project or compensation and resettlement plan approved; allocate and pay the support amounts specified in Clause 1, Article 3 to workers specified in Point d, Clause 1, Article 2 of this Joint Circular.

Article 8. Effective Date

1. This Joint Circular takes effect from August 1, 2016.

2. In cases where the provisions referred to in the legal normative documents cited in this Joint Circular are amended, supplemented, or replaced, the provisions of the amended, supplemented, or replacing documents shall apply.

3. During the implementation process, if there are any difficulties, please promptly report to the Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance for research, amendment, and supplementation to ensure appropriateness.