Decision No. 144/2007/QĐ-TTg On the establishment, management, and use of the Overseas Employment Support Fund

Pursuant to …;

Regarding the establishment, management, and utilization of the overseas employment support fund

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Labor, War Invalids and Social Affairs at the report No. 43/TTr-BLĐTBXH dated August 1, 2007,

DECISION:

Article 1. Establishment of the Overseas Employment Support Fund

1. Establish the Overseas Employment Support Fund based on restructuring the Overseas Labor Export Support Fund (established pursuant to Decision No. 163/2004/QĐ-TTg dated September 8, 2004 of the Prime Minister) to develop and expand the overseas labor market, improve the quality of labor force, and support risk resolution for workers and enterprises.

2. The Overseas Employment Support Fund shall be managed by the Ministry of Labor, War Invalids and Social Affairs, operate without profit-making objectives, be exempt from tax payments, maintain independent accounting, have legal personality, and open accounts at the State Treasury. The surplus of the fund from the previous year shall be carried over to the next year for use.

Article 2. Sources of formation and contribution levels of the fund

1. The surplus of the Overseas Labor Export Support Fund transferred over.

2. Contributions from enterprises

Enterprises engaged in services for sending Vietnamese workers to work abroad under Article 8 of the Law on Vietnamese Workers Going Abroad under Contracts shall allocate 1% of their annual service revenue to contribute to the Overseas Employment Support Fund.

3. Contributions from workers

Workers going to work abroad shall contribute VND 100,000 per person per contract to the Overseas Employment Support Fund.

4. Special support from the state budget according to the decision of the Prime Minister.

Article 3. Contents of fund utilization

1. Supporting the expansion and development of the overseas labor market

a) Supporting up to 30% of the costs for activities related to exploring, surveying, and understanding new labor market conditions, and activities to consolidate and develop traditional labor markets;

b) Supporting up to 50% of the costs for activities promoting Vietnamese labor abroad.

2. Supporting training and improving the quality of the labor force:

a) Supporting skill enhancement, language training, and necessary knowledge for workers going to work abroad:

- Providing free textbooks and materials for language training and necessary knowledge for workers;

- Supporting 50% of the tuition fees for skill enhancement, language training, and necessary knowledge as stipulated for workers who are children of war invalids and martyrs and those entitled to preferential policies; workers from poor households; and ethnic minority workers.

b) Supporting 20% of the tuition fees for advanced skill enhancement and language training as stipulated for workers during the initial period of implementing pilot projects to send workers to high-demand markets in terms of skills and languages.

3. Supporting risk resolution for workers and enterprises:

a) Supporting workers in the following risk situations:

- Supporting the relatives of workers who die while working abroad. The level of support is VND 10,000,000 per case;

- During the period of working abroad under contracts, if workers suffer workplace accidents, unexpected risks, illness, or insufficient health to continue working and must return home before the contract ends. The maximum level of support is VND 5,000,000 per case;

- Supporting other objective risk cases decided by the Minister of Labor, War Invalids and Social Affairs upon the recommendation of the Management Board but not exceeding VND 5,000,000 per case.

b) Supporting enterprises with one round-trip air ticket from Vietnam to the country where the worker is employed when the enterprise needs to dispatch staff abroad to resolve risks for workers who died while working abroad.

4. Expenditure for information dissemination and propaganda on the Party's policies and state laws regarding the dispatch of Vietnamese workers to work abroad through mass media to enhance societal awareness and promote effective models of sending workers abroad. The expenditure level shall be determined by economic contracts ensuring economy and rationality.

5. Expenditure for the operations of the Management Board and the Executive Board of the Fund according to the annual budget approved by the Ministry of Labor, War Invalids and Social Affairs.

Article 4. Management organization of the fund

1. The overseas employment support fund shall be managed by the Ministry of Labor, Invalids and Social Affairs through the Fund Management Board and the Fund Executive Board:

a) The Fund Management Board consists of five members appointed and relieved from duty by the Minister of Labor, Invalids and Social Affairs, including: The Chairman of the Fund Management Board is a Deputy Minister of Labor, Invalids and Social Affairs; other members are leaders of units such as the Foreign Labor Administration, the Planning and Finance Department under the Ministry of Labor, Invalids and Social Affairs, the Foreign Finance Department under the Ministry of Finance, and the Vietnam Overseas Labor Export Association. Members of the Fund Management Board operate on a part-time basis;

b) The Fund Executive Board consists of the Director, one Deputy Director, the Chief Accountant, and supporting departments. The Director of the Fund Executive Board is a member of the Fund Management Board appointed and relieved from duty by the Minister of Labor, Invalids and Social Affairs upon the recommendation of the Fund Management Board, operating on a part-time basis. Other members of the Fund Executive Board are appointed and relieved from duty by the Chairman of the Fund Management Board upon the recommendation of the Director of the Fund Executive Board, operating on a part-time or full-time basis.

2. The Fund Management Board has the following tasks and powers:

a) Submit to the Minister of Labor, Invalids and Social Affairs for decision on risk support for certain cases as stipulated in point a, Clause 3, Article 3 of this Decision;

b) Approve directions, plans of operation, and final accounts reports of the fund;

c) Supervise the activities of the Fund Executive Board in implementing policies and laws, executing decisions of the Fund Management Board, ensuring support according to the correct target, content, and strict, unified procedures;

d) Other tasks and powers as prescribed in the operational regulations of the Fund Management Board.

3. The Fund Executive Board has the following tasks and powers:

a) Manage the fund, implement income, expenditure, and support according to the intended purpose, content, and target;

b) Prepare, consolidate annual revenue plans, budget expenditures, and final accounts of the fund for approval by the Ministry of Labor, Invalids and Social Affairs;

c) Other tasks and powers as prescribed in the operational regulations of the Fund Executive Board.

Article 5. Responsibilities of Ministries

1. Responsibilities of the Ministry of Labor, Invalids and Social Affairs:

a) Lead and coordinate with the Ministry of Finance to specify and guide methods of fund contributions; procedures and formalities for support disbursements; management and final accounts expenditures;

b) Unify with the Ministry of Finance to submit to the Prime Minister for decision on financial support from the state budget for the fund in special cases;

c) Decide on the establishment and issuance of operational regulations of the Fund Management Board and the Fund Executive Board.

2. Responsibilities of the Ministry of Finance:

a) Coordinate with the Ministry of Labor, Invalids and Social Affairs to implement the contents prescribed in points a and b of Clause 1 of this Article;

b) Supervise the management and use of the fund in accordance with the provisions of the law.

Article 6. This Decision takes effect fifteen days after its publication in the Official Gazette and replaces Decision No. 163/2004/QĐ-TTg dated September 8, 2004 of the Prime Minister on the establishment, management, and use of the Overseas Employment Support Fund.

Article 7.  Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and municipal People's Committees directly under the central government, and Heads of related agencies are responsible for implementing this Decision./.