Decision No. 12/2020/QĐ-TTg on piloting the deposit of guarantee money for workers going to work in South Korea under the Employment Permit System (EPS) Program of South Korea

 

Pursuant to …;

Implementing the pilot scheme for workers to deposit collateral when working in South Korea under the Program for Permitting Foreign Workers' Employment in South Korea

để làm việc tại Hàn Quốc theo Chương trình cấp phép việc làm cho lao động nước ngoài của Hàn Quốc

theo Chương trình cấp phép việc làm cho lao động nước ngoài của Hàn Quốc

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Vietnamese Workers Going Abroad Under Contract dated November 29, 2006;

Pursuant to Decree No. 138/2016/NĐ-CP dated October 1, 2016 of the Government promulgating the Working Regulations of the Government;

Decree No. 07/2021/NĐ-CP

The Government issues this Decision on implementing the pilot scheme for depositing collateral for workers going to work in South Korea under the Program for Permitting Foreign Workers' Employment in South Korea.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision stipulates the implementation of the pilot scheme for depositing collateral, supporting loans for depositing collateral for workers going to work in South Korea under the Program for Permitting Foreign Workers' Employment in South Korea (hereinafter referred to as the EPS Program), refunding the collateral deposit, handling the collateral deposit, managing and using the collateral deposit after transferring it to the state budget.

Article 2. Applicability

1. Workers going to work in South Korea under the EPS Program.

2. The Overseas Labor Center under the Ministry of Labor, Invalids and Social Affairs.

Article 3. Loan Conditions

To be eligible for a loan from the Vietnam Social Policy Bank, workers must satisfy the following conditions:

Chapter II
IMPLEMENTING THE DEPOSIT OF COLLATERAL AND SUPPORTING LOANS FOR DEPOSITING COLLATERAL

Article 3. Implementation of Collateral Deposit

1. Before going to work in South Korea under the EPS Program, workers must deposit collateral to ensure compliance with the contract and return to Vietnam within the specified period after the termination of the labor contract.

2. The amount of collateral deposit is 100,000,000 (one hundred million) Vietnamese dong.

Article 4. Time of Collateral Deposit, Collateral Bank, and Duration of Collateral Deposit

1. Within thirty-five days from the date of signing the contract for sending workers to work in South Korea under the EPS Program with the Overseas Labor Center, workers shall deposit collateral at the Social Policy Bank in the place where they have registered their permanent residence.

2. The duration of the collateral deposit is five years and six months.

Article 5. Supporting Loans for Depositing Collateral

1. Workers who are eligible to borrow from the Social Policy Bank to work abroad and have a need for borrowing may borrow up to 100,000,000 (one hundred million) Vietnamese dong from the Social Policy Bank to deposit collateral without having to provide security for the loan.

2. The Social Policy Bank shall agree with the worker in the credit contract regarding the term of the loan, repayment of principal and interest rate on the loan.

3. The interest rate for the loan shall be applied according to the interest rate of the Social Policy Bank for workers going abroad under contract, suitable for each category.

Article 6. Collateral Deposit Contract and Notification of Collateral Deposit

1. The worker and the Social Policy Bank receiving the collateral deposit shall conclude a collateral deposit contract in accordance with the provisions of this Decision and relevant current regulations, including the following contents: Full name, address of the authorized representative of the bank receiving the collateral deposit, full name of the worker, full name of the authorized person (if any), place of permanent registration, current place of residence, purpose of the collateral deposit, amount of collateral deposit, interest rate on the collateral deposit, opening and using the collateral deposit account, refunding the collateral deposit, handling the collateral deposit, responsibilities of the parties including repayment of the loan taken out from the Social Policy Bank for collateral deposit and other lawful agreements.

2. The Social Policy Bank receiving the collateral deposit shall be responsible for issuing one original copy of the Collateral Deposit Contract to the worker. Within five working days from the date of receipt of the collateral deposit, the Social Policy Bank shall notify the list of workers who have deposited collateral to the Overseas Labor Center to process the departure procedures for workers to go to work in South Korea.

Chapter III
REFUNDING THE COLLATERAL DEPOSIT

Article 7. Cases for Refunding the Deposit

1. The deposit (including principal and interest) of workers shall be refunded in the following cases:

a) Workers do not go to work in South Korea after having made the deposit;

b) Workers return to their home country within the specified period after terminating the labor contract (including completion of the contract or termination before the contract term), or are expelled from South Korea without falling under the case stipulated in Clause 1, Article 10 of this Decision;

c) Workers change their legal residence visa in South Korea;

d) Workers die or go missing according to the law during the contract period.

2. Workers shall receive the refund of the deposit after settling the contract for sending workers abroad with the Overseas Labor Center as prescribed in Article 8 of this Decision.

Article 8. Documents for Settling Contracts and Refunding Deposits

1. For the case stipulated in Point a, Clause 1, Article 7 of this Decision:

Application for Refund of Deposit Form No. 01 issued together with this Decision.

2. For the cases stipulated in Points b and c, Clause 1, Article 7 of this Decision:

a) Application for Refund of Deposit Form No. 02 issued together with this Decision;

b) Certified copy of passport;

c) Confirmation letter on the plan to return home issued by the Korean labor authority for the case stipulated in Point b; certified or notarized copy of the new residence card according to the new visa at the time of the case stipulated in Point c, Clause 1, Article 7 of this Decision.

3. For the case stipulated in Point d, Clause 1, Article 7 of this Decision:

a) Application for Refund of Deposit by the lawful heir or authorized by the lawful heir according to the law, Form No. 03 issued together with this Decision;

b) Documents proving identity and status of the lawful heir of the deceased or missing worker according to the law;

c) Certified copy of the death certificate (in case of death) or certified copy of the declaration of disappearance by the court (in case of disappearance) or other documents as prescribed by law.

Article 9. Procedures and Formalities for Settling Contracts and Refunding Deposits

1. Workers stipulated in Points a, b, c, Clause 1, Article 7 of this Decision and the lawful heirs of workers stipulated in Point d, Clause 1, Article 7 of this Decision shall submit the documents for settling contracts and request for refund of deposits (directly or through postal service) to the Overseas Labor Center.

2. Within fifteen working days from the date of receiving complete valid documents, the Overseas Labor Center shall verify and send the Settlement Record of the contract to the worker or lawful heir, clearly stating the refund of the deposit; and notify in writing the Social Policy Bank to process the refund of the deposit and close the deposit account for the worker or lawful heir. In case the contract cannot be settled, reply in writing to the worker or lawful heir and specify the reasons.

3. Workers or lawful heirs shall submit the Settlement Record of the contract for sending workers abroad to the Social Policy Bank where the deposit was received to close the deposit account.

Within three working days from the date of receiving complete documents, the Social Policy Bank where the deposit was received shall refund the deposit (including principal and interest) to the worker or lawful heir.

Chapter IV
HANDLING OF DEPOSITS

Article 10. Handling of Deposit Money

1. The deposit money (including principal and interest) of workers shall be handled in the following cases:

a) Workers flee from their workplace as stipulated in the Labor Contract (including fleeing immediately after arriving in Korea);

b) Workers remain illegally in Korea after the termination of the Labor Contract (including completion of the contract or early termination) and after the expiration of their residence period.

2. For the amount not borrowed from the Social Policy Bank for deposit, the deposit money (including principal and interest) of workers falling under the provisions of Clause 1 of this Article shall be transferred to the provincial state budget where the worker registered their permanent residence before going to work in Korea.

3. For the amount borrowed from the Social Policy Bank for deposit, the deposit money (including principal and interest) of workers falling under the provisions of Clause 1 of this Article shall be handled in the following order:

a) Repaying the loan to the Social Policy Bank (the Social Policy Bank will reconcile the repayment of the loan by the worker and deduct the debt from the worker's deposit account);

b) Transferring the remaining amount after repaying the loan to the Social Policy Bank to the provincial state budget where the worker registered their permanent residence before going to work in Korea.

Article 11. Procedures for Handling Deposit Money

1. Monthly, the Overseas Labor Center publicly announces on its electronic information website a list of workers falling under the cases stipulated in Clause 1 of Article 10 of this Decision; simultaneously sending the information to the Department of Labor - Invalids and Social Affairs where the worker registered their permanent residence before going to work in Korea for verification and confirmation.

2. Within 40 working days from the date of announcement by the Overseas Labor Center, if the worker does not provide feedback and the Department of Labor - Invalids and Social Affairs does not have different verification results, the Overseas Labor Center unilaterally terminates the Contract for Sending Workers Abroad according to the law and notifies in writing (prepared for each worker) the Social Policy Bank and the Department of Labor - Invalids and Social Affairs where the worker registered their permanent residence before going to work in Korea about the worker falling under the provisions of Clause 1 of Article 10 of this Decision along with related information including electronic data according to Form No. 04 issued together with this Decision.

3. Within 10 working days from the date of receiving the notification from the Overseas Labor Center, the Department of Labor - Invalids and Social Affairs shall notify the worker and the worker's family.

4. Within 10 working days from the date of receiving the notification from the Overseas Labor Center, the Social Policy Bank shall notify the branch or transaction office that received the deposit to complete the settlement procedures for the worker's deposit account and handle the deposit money according to the provisions of Clauses 2 and 3 of Article 10 of this Decision, and simultaneously notify the Department of Labor - Invalids and Social Affairs.

Chapter V
MANAGEMENT AND USE OF DEPOSIT MONEY AFTER TRANSFER TO THE STATE BUDGET

Article 12. Management and use of the employment guarantee fund

The employment guarantee fund, after being transferred to the provincial state budget, shall be managed and used in accordance with the State budget laws to support policies for job creation and sending workers abroad, including promotional activities, policy dissemination, capacity building; management, inspection, supervision, and other activities and policies at the local level.

Article 13. Contents and expenditure levels

1. Expenditure on vocational training, capacity enhancement, mid-term and final reviews regarding employment and the activities of sending workers abroad. The contents and expenditure levels shall be implemented according to the current regulations on travel expenses and conference systems for state agencies and public service units.

2. Expenditure on information dissemination and promotion of labor policies, employment, and activities of sending workers abroad.

a) Expenditure on producing, editing, and broadcasting programs on mass media (radio, television, print newspapers, online news sites, magazines); expenditure on constructing, purchasing, duplicating, and distributing communication products: Implemented according to the current regulations on bidding, in cases where bidding conditions are not met, it will be carried out through ordering services or assigning tasks for public service provision; payment for authors, copyright owners, remuneration for participants in related work such as journalism and publishing works, collectors of materials, and providers of information for the creation of journalism and publishing works for information dissemination and promotion, shall be implemented according to the current regulations on remuneration in the field of journalism.

b) Expenditure on organizing promotional and advisory sessions for workers going abroad and their relatives to encourage workers to return home on schedule, including hiring consultants, renting venues, chairs, audio equipment, and other necessary equipment, refreshments during breaks for attendees; advisory materials and specialized talks. The expenditure level shall be based on actual occurrences and the current state regulations on travel expenses and conference expenditures.

3. Expenditure on counseling, job introduction, and support for training and upgrading skills for workers returning from working abroad.

a) Counseling and providing labor and employment information; free career counseling for workers;

b) Expenditure on domestic training and upgrading knowledge about starting businesses and business management for workers returning from working abroad who wish to establish businesses. The contents and expenditure levels shall be implemented according to the current regulations on the use of state budget funds for training and upgrading officials and civil servants.

4. Expenditure on inspection, supervision, and evaluation: The contents and expenditure levels shall be implemented according to the current regulations for inspecting the implementation of policies, strategies, planning, and plans.

For inter-departmental and inter-agency inspection, supervision, and evaluation teams: The leading agency or unit of the inspection team shall be responsible for covering the travel expenses (transportation fees, accommodation allowances, rental fees for accommodations at the destination, and shipping costs for carried documents and materials) for the members of the team according to the prescribed system. To avoid duplicate expenditures, the leading agency or unit of the inspection team shall notify in writing (in the invitation letter or summons) the agency or unit sending personnel for the mission that they do not need to pay these expenses.

Article 14. Budget preparation and settlement work

1. Each year, based on the amount of deposit money paid to the state budget in the previous year and the estimated implementation for the current year, the Department of Labor - Invalids and Social Affairs shall prepare the budget for expenditure to support job creation and sending workers abroad at the local level for the planned year, consolidate it within the budget revenue and expenditure plan of the agency, and submit it to the Department of Finance for review and decision by the competent authority.

2. The Department of Labor - Invalids and Social Affairs shall implement the final accounts according to the laws on state budget and accounting.

Chapter VI
IMPLEMENTATION

Article 15. Transitional Provisions

1. For the deposit money of workers as stipulated in points a and b, Clause 2, Article 1 of Decision No. 1465/QĐ-TTg dated August 21, 2013 of the Prime Minister regarding the pilot deposit for workers going to work in South Korea under the EPS Program, and the deposit money of workers who have changed their residence status in South Korea, such matters shall be implemented according to Articles 7, 8, and 9 of this Decision.

2. For the deposit money of workers as stipulated in points c and d, Clause 2, Article 1 of Decision No. 1465/QĐ-TTg dated August 21, 2013 of the Prime Minister that have not been processed by the Vietnam Social Policy Bank, they shall be implemented according to Clauses 2 and 3, Article 10 and Article 11 of this Decision.

Article 16. Responsibilities of agencies and units

1. Ministry of Labor, Invalids and Social Affairs

a) Provide information, propaganda, dissemination, and legal education related to workers going to work abroad under contracts, regulations of Vietnam and South Korea concerning the EPS Program.

b) Monitor and supervise the implementation of contracts by workers.

c) Decide on the handling of workers' deposit money according to this Decision and notify the bank to carry out the procedures.

2. The Ministry of Finance shall cooperate with the Ministry of Labor - Invalids and Social Affairs to inspect the management and use of workers' deposit money after it has been transferred to the state budget.

3. The Vietnam Social Policy Bank

a) Guide the procedures and processes for receiving deposits from workers and guide the procedures and processes for lending to enable workers to make deposits who are eligible for loans from the Vietnam Social Policy Bank.

b) Manage and handle workers' deposit money according to this Decision and relevant laws.

c) Report periodically every six months and annually on the management and handling of workers' deposit money, including those who borrowed funds to make deposits, to the Ministry of Labor - Invalids and Social Affairs.

4. Provincial People's Committees directly under the central government

a) Direct specialized agencies under its jurisdiction and lower-level People's Committees to organize propaganda, information dissemination, and counseling for workers to comply with legal regulations related to workers going to work abroad under contracts, regulations of Vietnam and South Korea concerning the EPS Program.

b) Develop and promulgate policies to encourage workers going to work in South Korea to fulfill their contracts and return home on time; mobilize workers residing and working illegally in South Korea to voluntarily return home.

c) Guide workers to make deposits according to regulations.

d) Manage and use workers' deposit money after transferring it to the provincial state budget for the intended purposes according to this Decision and current regulations.

đ) Direct the Department of Labor - Invalids and Social Affairs to report periodically every six months and annually on the use of workers' deposit money after transferring it to the provincial state budget to the Ministry of Finance and the Ministry of Labor - Invalids and Social Affairs.

Article 17. Effective Date

This Decision takes effect from May 15, 2020 until the Law on Vietnamese Workers Going to Work Abroad Under Contracts (amended) comes into force.

This Decision replaces Decision No. 1465/QĐ-TTg dated August 21, 2013 of the Prime Minister on the pilot deposit for workers going to work in South Korea under the EPS Program and abolishes Circular Joint No. 31/2013/TTLT-BLĐTBXH-BTC dated November 12, 2013 guiding the implementation of Decision No. 1465/QĐ-TTg dated August 21, 2013 of the Prime Minister on the pilot deposit for workers going to work in South Korea under the EPS Program.

Article 18. Effective Date

The Ministers, Heads of Ministries equivalent to ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the central government, General Directors of the Vietnam Social Policy Bank, and related agencies, organizations, and individuals are responsible for implementing this Decision./.

 

 

ANNEX

(Attached to Decision No. 12/2020/QĐ-TTg dated March 31, 2020 of the Prime Minister)

 

Form No. 01

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
--------------------

APPLICATION FOR REFUND OF DEPOSIT MONEY

Respectfully submitted to: Overseas Labor Center.

Full name (in capital letters) …

Date of Birth: ...

ID card/passport number: …issued on …

issued by …

Place of permanent registration: …

Current address: …

Contact phone: …Phone of relative: …

I. WORKER CATEGORY AND REASON FOR REFUNDING DEPOSIT MONEY (worker checks V in the box □):

II. INFORMATION ON DEPOSIT ACCOUNT

Deposited at the Vietnam Social Policy Bank: …

Deposit account number: …

I hereby certify that the information provided above is entirely true. Please process the necessary procedures so that I may receive my refunded deposit money.

 

CONFIRMATION BY THE PEOPLE'S COMMITTEE OF THE COMMUNE/DISTRICT
(Place where the worker is registered as a resident)……, day …. month …. year …..
Applicant
(Signature, full name)

 

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
--------------------

APPLICATION FOR REFUND OF DEPOSIT MONEY

Respectfully submitted to: Overseas Labor Center.

Full name (in capital letters) …

Date of Birth: ...

ID card/passport number: …issued on …

issued by …

Place of permanent registration: …

Current address: …

Contact phone: …Phone of relative: …

I. WORKER CATEGORY (worker checks V in the box □):

II. INFORMATION ON DEPOSIT ACCOUNT

Deposited at the Vietnam Social Policy Bank: …

Deposit account number: …

I hereby certify that the information provided above is entirely true. Please process the necessary procedures so that I may receive my refunded deposit money.

 

CONFIRMATION BY THE PEOPLE'S COMMITTEE OF THE COMMUNE/DISTRICT
(Place where the worker is registered as a resident)…, day …month …year …
Applicant
(Signature, full name)

 

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
--------------------

APPLICATION FOR REFUND OF DEPOSIT MONEY

Respectfully submitted to: Overseas Labor Center.

A. Information on the lawful heir of the worker

Full Name (in capital letters) …Date of Birth: …

Place of permanent registration: …

ID Card/Residence Card: …issued date …issuing authority …

Contact phone number: …

Relationship with the worker (spouse, child, father, mother, brother, sister, younger sibling, etc.) :…

B. Information on the worker

Full name (in capital letters) …

Date of Birth: ...

ID Card/Residence Card/Passport number: …date

issued by …

Place of permanent registration: …

I. WORKER CATEGORY (worker checks V in the box □):

II. INFORMATION ON DEPOSIT ACCOUNT

Deposited at the Vietnam Social Policy Bank: …

Deposit account number: …

I hereby certify that the information provided above is entirely true. Please process the necessary procedures so that I may receive my refunded deposit money.

 

CONFIRMATION BY THE PEOPLE'S COMMITTEE OF THE COMMUNE/DISTRICT
(Place where the worker is registered as a resident)…, day ……. month ……. year …
Applicant
(Signature, full name)

 

Form number 04

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS
FOREIGN LABOUR CENTRE
--------SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
--------------------No.: /TB-TTLĐNNHanoi, day …… month …… year ….

 

NOTICE

Regarding the handling of the deposit for working in South Korea
under the EPS Program of Mr./Ms. …

Pursuant to Decision No. ……/2020/QĐ-TTg dated …/…/2020 of the Government Chairman on piloting the deposit system for workers going to work in South Korea under the EPS Program;

Pursuant to the Contract for sending workers to work in South Korea under the EPS Program No. ……. dated ……./……/……… between the Foreign Labour Centre and Mr./Ms. …;

Pursuant to the notification from the Korean Human Resources Development Agency regarding the implementation of the Employment Contract of Mr./Ms. …;

The Foreign Labour Centre, Ministry of Labour, Invalids and Social Affairs hereby notifies the handling of the deposit of:

Mr./Ms. …Born on ….. month ….. year …..

Passport number:…; issued on ……./……./…….;

Place of permanent residence before going to work in South Korea: …

……………………………………………………………………………………………..

Reason for handling: Desertion from the workplace as stipulated in the Employment Contract/staying illegally in South Korea after termination of the Employment Contract and expiration of the stay permit

Attached documents: …

We request the relevant authorities to carry out necessary procedures as prescribed to handle the aforementioned deposit and inform the Ministry of Labour, Invalids and Social Affairs of the result./.

 

 Place of Receipt:
- As above;
- ……….
- To be filed: VT, …DIRECTOR