Joint Circular No. 12/TT-LB provides guidance on implementing certain policies and benefits for individuals who have worked abroad for a limited period and returned to the country.

CIRCULAR

JOINT MINISTRIES OF LABOUR - INVALIDS AND SOCIAL AFFAIRS - FINANCE
Guidelines for Implementation
certain policies and benefits for people who have worked abroad for a limited period and returned to the country
Policies and benefits for people who have worked abroad for a limited period and returned to the country

Pursuant to Decree No. 362-CP dated November 29, 1980 of the Council of Ministers (now the Government); Pursuant to the bilateral agreements and protocols on labor cooperation signed between our country and other countries from 1990 onwards and current decisions of the Council of Ministers regarding policies and benefits for state workers and officials returning from abroad; The Ministry of Labor - Invalids and Social Affairs and the Ministry of Finance hereby issue guidelines on certain benefits for people who have completed their cooperative labor assignments and returned to the country as follows:

I. OBJECTS AND SCOPE OF APPLICATION

1. This Circular applies to the following objects:

a. People who have worked abroad for a limited period under government agreements and have returned to the country, including team leaders, interpreters, and regional staff paid by foreign entities;

b. People who have completed internships or training programs and then transitioned to cooperative labor assignments;

c. People who have worked abroad under direct cooperation arrangements between ministries, localities of the State and foreign economic organizations.

2. The following individuals are not eligible for the policies and benefits stipulated in this Circular:

a. Individuals who violated foreign laws and were expelled from the country;

b. Individuals who were disciplined and forced to return to the country;

c. Individuals who left their assigned work without authorization to work outside the agreement or went to a third country before returning, or those who left their work abroad without permission and stayed in the country beyond their leave period without approval from the Overseas Labor Management Board or the Department of International Cooperation on Labor;

d. Individuals who returned to the country before the agreed term and owe the State for airfare but have not yet repaid it;

đ. Individuals who have not contributed sufficient funds for national construction and social insurance premiums as required by the State.

II. CONTENT OF POLICIES AND BENEFITS

1. Transfer and Reception After Returning to the Country

a. Individuals who worked abroad under government agreements upon returning to the country shall be reviewed by the Department of International Cooperation on Labor and issued a Decision or notified to transfer back to the ministry, locality that sent them, which will then transfer them back to their original unit. The original unit shall be responsible for receiving, arranging, and utilizing these workers (if necessary) or facilitating their job search, handling importation procedures according to the current household registration management policy, and resolving other benefits as prescribed by the State. In cases where the original unit has been dissolved, the directly superior administrative body shall be responsible for resolving these issues.

Individuals who were social workers or state workers, public security officers, or military personnel who had received retirement benefits or demobilization benefits before going abroad for cooperative labor, if they went abroad according to the quota of a specific agency, enterprise, or unit, that entity shall be responsible for processing their transfer back to the place of permanent residence registration before departure so that the local authority can handle their importation, facilitate their job search, and resolve policies and benefits as stipulated in this Circular.

b. Individuals who worked abroad under direct cooperation arrangements upon returning to the country shall process their affairs at the ministry or locality that sent them.

2. Calculation of Working Time

a. Time spent working abroad is counted as working time. If an individual has multiple trips abroad, the time from each trip is combined to form the total working time abroad;

b. After returning to the country, if a worker must wait for employment or resolution of benefits, this waiting time is also counted, but not exceeding three months and without salary;

c. Total working time is calculated by adding together the time spent working abroad, waiting time (if applicable), and time spent working domestically (if applicable);

For state workers and members of the armed forces, if they had already received severance pay, demobilization benefits, or discharge benefits before going abroad, the time prior to going abroad is not counted towards working time;

d. Students transitioning from vocational training to cooperative labor under government agreements do not have their training time counted as working time.

3. Retirement or Loss of Work Capacity

State workers and members of the armed forces who have returned to the country and meet the current conditions may be granted retirement benefits or loss of work capacity benefits.

4. Termination of Employment

Workers who return to the country and cannot be arranged employment in state agencies or enterprises and do not meet the conditions for retirement or loss of work capacity benefits shall be granted termination of employment and severance pay as follows:

a. The following categories of individuals are entitled to severance pay for the time spent in cooperative labor abroad:

- State workers, public security officers, and military personnel who had received severance pay or demobilization/discharge benefits before going abroad for cooperative labor;

- Social workers;

- Military personnel (including defense industry workers) who, after returning to the country, had their demobilization/discharge benefits processed separately for the time before going abroad for cooperative labor by the Ministry of Defense and received a certificate of time spent in cooperative labor abroad, which was then transferred to their place of residence.

b. State workers and public security officers (including police department staff) who had not received severance pay or demobilization/discharge benefits before going abroad for labor shall be entitled to severance pay for both domestic working time and time spent in cooperative labor abroad;

c. Benefits: State workers and employees in production and business sectors who had not received severance benefits before going abroad for labor and those mentioned in part a above shall receive one month's basic salary (rank or position) plus seniority allowance, regional allowance (if applicable), and price adjustment allowance for each year of service.

- Persons who are state workers or civil servants in the administrative and public service sector and have not yet received severance pay before going to work abroad shall be entitled to one month's basic salary (rank or position) and seniority allowance, regional allowance (if applicable), inflation subsidy, and additionally, they shall also be entitled to a vocational training allowance of 240,000 VND for each year of service.

d. The basic salary level for calculating severance pay as stipulated in point 7 below, allowances, and inflation subsidies shall be calculated according to the levels prescribed at the time of resolving the termination of employment.

Persons who went to work abroad and were settled by agencies, enterprises, or units to enjoy the termination benefits before this Circular was issued shall no longer be eligible for declaration and settlement.

5. Compensation for work-related accidents and occupational diseases

a. Persons who suffer from work-related accidents or occupational diseases (during their working period abroad) and return to the country, if their injuries are still unstable, shall be organized by the agency or unit to undergo treatment like domestic workers. If their injuries are stable and classified by the Medical Council, they shall be entitled to benefits like domestic workers.

b. Persons who suffer from work-related accidents or occupational diseases abroad, if compensated once or monthly by the employing country, shall not be entitled to compensation for work-related accidents or occupational diseases upon returning to the country, but must register with the local Labor - Invalids and Social Affairs Office for management and implementation of other policies (if applicable).

c. Workers who suffer from accidental injuries or illness abroad and need further treatment upon returning to the country shall be admitted to the hospital for treatment. Those going under Government Agreements managed by the International Cooperation Department for labor shall be responsible for settling. Those going directly through cooperation shall be settled by the Ministry or locality that sent them.

6. Funeral expenses and one-time support for loss of a caregiver

a. Funeral expenses:

- When the ashes or remains of a worker who died abroad are transferred back to the family, the family shall be granted a sum equivalent to two-thirds of the current funeral expenses for workers or civil servants who die domestically;

- In cases where a worker dies during leave or waiting for work as stipulated in sub-item b of point 2, section II above, they shall be entitled to burial fees like domestic workers who die.

b. One-time support and support for loss of a caregiver

- Workers who die abroad due to work-related accidents or occupational diseases, and whose employing country has not provided support for the deceased's dependents, the dependents shall be entitled to one-time support like domestic workers. Additionally, the main dependents of the deceased (if meeting current conditions) shall be entitled to support for loss of a caregiver.

- Workers who die abroad due to accidental injuries or illness without receiving support from the employing country, their dependents shall be entitled to one-time support according to current regulations for workers. Specifically, for those who are state workers or military personnel before going abroad and have not yet received termination benefits or demobilization, discharge, the main dependents (if meeting current conditions) shall also be entitled to support for loss of a caregiver.

- Workers who die during leave in the country or waiting for work (as stipulated in sub-item b of point 2, section II above), their dependents shall be entitled to one-time support, and if meeting current conditions, they shall also be entitled to support for loss of a caregiver like domestic workers.

7. Salary for calculating benefits.

a. For state workers and those belonging to the armed forces who receive salaries or living expenses and return from working abroad, the salary or living expenses prior to departure shall be converted to the current salary level for calculation.

b. For those who were state workers or military personnel before going abroad and have already received termination benefits, demobilization, discharge, or social workers, the salary shall be unified at the level of a second-grade mechanic's salary (currently 26,795 VND/month) converted to the current salary level for calculation.

III. IMPLEMENTATION

1. Responsibilities and procedures for social insurance benefits.

a. Agencies, units, or enterprises that employed persons as state workers or civil servants or People's Police before they went to work abroad shall be responsible for preparing files to request the local Labor - Invalids and Social Affairs Office (according to current classification) to settle social insurance benefits as stipulated in points 4, 5, and 6 of section II above. In cases where the old agency, unit, or enterprise has been dissolved, the direct superior management agency shall be responsible for preparing files to request the local Labor - Invalids and Social Affairs Office to settle.

b. Military personnel, defense workers, or civil servants who had not yet received demobilization or discharge benefits before going to work abroad, if their total time including the period of labor cooperation abroad meets the conditions for retirement benefits, the Ministry of Defense shall be responsible for preparing files to settle retirement benefits and transfer them to the place of residence of the person for implementation. For cases that do not meet the conditions for retirement benefits, the Ministry of Defense shall be responsible for preparing files to settle all benefits (demobilization, discharge, or termination) for the period before going abroad for labor cooperation... and issue a "Certificate of Time Spent on Labor Cooperation Abroad" then transfer it to the place of residence of the person for implementation according to current regulations.

c. Persons who were social laborers before going to work abroad and those who were state employees, public security officers, or military personnel but had already enjoyed retirement benefits or demobilization, discharge prior to going abroad for labor cooperation shall have their social insurance processed by the District or County Labor - Invalids and Social Affairs Office upon establishment of files and if they meet the conditions specified in points 5 and 6 of Section II above.

d. The source of funds for paying social insurance allowances (as stipulated in points 4, 5, and 6 of Section II above) shall be provided from the State budget.

- The funeral expenses and burial costs for the families of persons who died abroad or during leave in the country (as mentioned in sub-item a of point 6 of Section II above) shall be covered by the International Cooperation Department on Labor within the scope of its operational budget. If the deceased was part of direct cooperation forces, then the relevant Ministry or local authority (where they were sent from) shall bear responsibility for providing such funds.

2. Responsibilities for the procedures to settle termination benefits.

a. Application procedures:

- Individuals returning from overseas labor cooperation wishing to receive termination benefits as stipulated in point 3 of Section II above must submit the following documents:

- Original basic employment history file prior to working abroad (if available);

- Application form for termination benefits (Form No. 1 attached);

- Original "Notice of Transfer" or "Decision on Transfer" issued by the International Cooperation Department on Labor.

For individuals who are former military personnel or defense workers, after returning home and having been settled by the Ministry of Defense for the period prior to overseas labor cooperation, and who have received a "Certificate of Time Spent in Overseas Labor Cooperation," the following documents must be submitted:

- Original "Certificate of Time Spent in Overseas Labor Cooperation;"

- Certified copy of "Decision on Demobilization or Discharge;"

- Notice or Decision of the International Cooperation Department on Labor regarding the transfer of the individual back to the Ministry of Defense.

b. Declaration and confirmation of lists for termination benefit recipients:

- Individuals returning from overseas labor cooperation who are eligible for termination benefits must declare and compile lists according to Form No. 2 attached;

- For individuals who are state employees under central management, their respective agencies or units shall be responsible for guiding the declaration and compilation of lists, which will be reviewed and confirmed by the competent ministry;

- For individuals who are state employees under local management, their respective enterprises or units shall be responsible for guiding the declaration and compilation of lists, which will be reviewed and confirmed by the Provincial Labor - Invalids and Social Affairs Department;

- For state employees and members of armed forces who had already enjoyed termination benefits, demobilization, or discharge before going abroad, and for former military personnel or defense workers who have received a "Certificate of Time Spent in Overseas Labor Cooperation" from the Ministry of Defense, and for social laborers transferred back to their localities, the District or County Labor - Invalids and Social Affairs Office where they reside shall be responsible for organizing declarations and compiling lists, which will be reviewed and confirmed by the Provincial Labor - Invalids and Social Affairs Department.

c. Preparation and approval of budget estimates:

Agencies and units (responsible for compiling lists) shall base their preparation of budget estimates for termination benefit payments (according to Form No. 3) on approved lists in accordance with the regulations above. These documents shall be forwarded to the Provincial Labor - Invalids and Social Affairs Department and the Provincial Finance Department for review and recommendation, with the Central Government being responsible for funding.

The funds for settling termination benefits for individuals returning from overseas labor cooperation shall be fully provided from the State budget. The consolidation and approval of budget estimates for termination benefits primarily rely on provincial or centrally-administered city authorities as the main entities for receiving, managing, and settling accounts.

AT Provinces and centrally-administered cities must establish a Review Committee comprising representatives from the Provincial Labor - Invalids and Social Affairs Department and the Provincial Finance Department. The Committee's responsibilities include:

- Receiving, reviewing applications and budget estimates submitted by agencies, enterprises, and District or County Labor - Invalids and Social Affairs Offices;

- Cross-referencing each case with the budget estimate, eliminating cases that are incorrect in procedure or data, and confirming valid cases to compile a provincial or city-wide summary table (according to Form No. 4 attached);

- Submitting the compiled results according to Form No. 4 and Form No. 3 along with an official letter requesting the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance to approve the funding.

Ministries and localities with direct labor cooperation where social insurance has not been paid for returning overseas workers shall arrange their own funding sources to settle benefits for these workers. Where social insurance contributions have been made, lists and budget estimates with complete application documents as instructed above shall be submitted to the Ministry of Finance for settlement of funding.

d. Issuance, accounting, payment, and settlement of funds:

Funds for termination benefits for individuals returning from overseas labor cooperation shall be disbursed through the Provincial Finance Department via authorized funds. The Provincial Finance Department shall be responsible for strict management, timely issuance, and settlement with the Ministry of Finance based on decisions by the Director of the Provincial Labor - Invalids and Social Affairs Department regarding termination benefits for each unit. The Provincial Finance Department shall directly issue funds to units with terminating employees.

- Agencies, enterprises, and District or County Labor - Invalids and Social Affairs Offices shall be responsible for delivering termination benefits to employees, with each recipient signing the payment voucher for settlement purposes.

- Termination benefit funds for individuals returning from overseas labor cooperation (recorded under Chapter 99, Category 13, Item 02, Subitem 1, Section 89 of the current State Budget).

- Settlement: The severance allowance funds for workers returning from overseas labor cooperation shall be allocated and settled in batches according to each quarter (within no more than three months from the date of receiving each batch of funds, settlement must be completed). The basis for settlement is the actual amount paid to the workers who have ceased employment. The Department of Finance is responsible for consolidating and settling these funds according to Form No. 6 and sending them to the Ministry of Finance along with the settlement payment documentation of the entity according to Form No. 5. Any expenditures not in accordance with the regulations set forth in this Circular must be accounted for. All cases that have been approved but cannot be paid to the workers must be refunded to the State Budget.

IV. IMPLEMENTATION PROVISIONS

1. This Circular replaces Circular No. 11/LDTBXH-TT dated November 4, 1991 of the Ministry of Labor, Invalids, and Social Affairs and takes effect from the date of signature.

2. It is requested that ministries and localities urge and direct their subordinate agencies, units, enterprises... to promptly implement and resolve policies and benefits for the relevant groups as stipulated in this Circular. Specifically regarding the severance allowance policy, in 1992, efforts should focus on resolving all cases (belonging to the target group) who returned to the country before December 31, 1991. From 1993 onwards, efforts should focus on resolving cases of those who returned from January 1, 1992 onwards.

3. The Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance shall cooperate in guiding, inspecting, and addressing any difficulties encountered during the implementation of this Circular.

Model No. 1

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

APPLICATION FOR BENEFITS UPON TERMINATION OF LABOR CONTRACT

(After returning from temporary overseas work)

Respectfully submitted to: Sir/Madam, Director, Head...

My name is:...

Year of Birth:...

Place of origin:...

Place of permanent residence registration before going abroad:...

Workplace before going abroad:...

I was approved by the agency, enterprise, unit to go for cooperative labor in...

From.../.../19... and returned to the country on (as per the Decision of the Overseas Labor Management Board).../.../...19...

My total continuous working period up to now has been...years...months...

After my return, due to the agency, enterprise having no need to arrange further employment and me being unable to find new employment elsewhere, I respectfully request that you approve my termination of employment and grant me the benefits as prescribed by the current state regulations for those returning from overseas work.

I hope you will consider and resolve this matter at your earliest convenience.

Model Number 2:

LIST OF PERSONS RETURNING FROM OVERSEAS WORK
ELIGIBLE FOR SEVERANCE ALLOWANCE

(As stipulated in Joint Circular No./LC-TC/LB dated...)

Name of enterprise (agency, unit preparing the list):...

Under the management of the Ministry (province, city)...

Model No. 3

ESTIMATE OF REQUIREMENTS FOR SEVERANCE ALLOWANCE FUNDS FOR PERSONS RETURNING FROM OVERSEAS WORK

Name of agency (enterprise, Labor Department):

Belongs to sector: production and business, administrative and public service:

Under the management of the Ministry (province, city)...

Date...month...year 19...

Model No. 4

Model No. 5

SETTLEMENT REPORT ON FUNDS ALLOCATED FOR SEVERANCE ALLOWANCE PAYMENTS TO PERSONS
RETURNING FROM OVERSEAS WORK

Name of agency (Agency, enterprise, Labor Department):

Belongs to sector: Production and business, administrative, public service:

Under the management of the Ministry (province, city)...

Model No. 6

Instructions for compiling this table

+ Columns 1 and 2 are taken from Forms No. 4A and B

Column 1, the total number of persons whose employment has been terminated, is taken from the last serial number of Form No. 4.

Column 2 is taken from the total of column 12 or 15.