Decision No. 163/2004/QĐ-TTg On the establishment, management, and use of the Labor Export Support Fund

DECISION

On the establishment, management, and use of the Overseas Labor Export Support Fund

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PRIME MINISTER

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

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;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECISION:

Article 1. The Overseas Labor Export Support Fund under the Ministry of Labor, Invalids, and Social Affairs shall be established to implement the development of overseas labor markets; improve the quality and competitiveness of Vietnamese labor on the international labor market; support risks for workers and businesses in overseas labor export activities.

The Overseas Labor Export Support Fund operates without profit-making objectives, is exempt from tax payments, maintains independent accounting records, has legal personality, and may open accounts at the Central Treasury.

Article 2. The Overseas Labor Export Support Fund is formed from the following sources:

1. Initial state budget allocation.

2. Contributions of 1% from service fee revenues of overseas labor exporting enterprises as stipulated in Clause 2, Article 23 of Decree No. 81/2003/NĐ-CP dated July 17, 2003 of the Government. July 17, 2003 of the Government.

3. Other lawful income sources (interest from deposits; financial support from organizations and individuals; remaining deposits of workers who breach contracts, which must be remitted to the state budget after liquidation...).

4. Annual supplementary state budget allocations according to approved plans.

5. Supplementary state budget allocations in special cases as decided by the Prime Minister.

6. The surplus of the Fund from the previous year carried over to the next year for use.

Article 3. The Overseas Labor Export Support Fund is used for:

1. Supporting costs for the exploitation, development, and opening of new overseas labor markets.

2. Supporting training to enhance the quality of labor resources: including support for vocational training in high-skilled and foreign language-demanding professions; support for workers belonging to policy-targeted groups, war veterans, and those in social welfare categories.

3. Supporting workers and businesses to address risks in overseas labor export activities.

4. Awarding bonuses to enterprises, agencies, organizations, and individuals with outstanding achievements in overseas labor export activities according to current regulations.

5. Funding promotional and advertising activities for overseas labor export.

6. Partially funding the organization and management of the Fund's activities.

7. Other support as decided by the Prime Minister.

Article 4. Management Organization of the Overseas Labor Export Support Fund.

1. The management body of the Overseas Labor Export Support Fund is the Fund Management Board.

2. The Fund Management Board is decided by the Minister of Labor, Invalids, and Social Affairs, consisting of representatives from the Department level of the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, and some assisting specialists.

3. The Fund Management Board has the following responsibilities:

Managing the Fund and implementing support in accordance with its purpose, content, target groups, and the Financial Management Regulations of the Fund.

Preparing annual revenue forecasts and expenditure budgets of the Fund for approval by competent authorities.

Proposing the Ministry of Finance to provide annual supplementary funds for the Fund according to approved plans.

Submitting the Fund's annual settlement for approval by the Ministry of Labor, Invalids, and Social Affairs.

4. Responsibilities of the Ministry of Labor - Invalids and Social Affairs:

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

Deciding on the establishment and issuance of operational regulations for the Fund Management Board.

Coordinating with the Ministry of Finance to propose the Prime Minister to provide supplementary funds for the Fund in special cases.

Inspecting and supervising the activities of the Fund Management Board to ensure that support is provided according to target groups, content, and strict, unified procedures.

5. Responsibilities of the Ministry of Finance:

Coordinating with relevant ministries and sectors to organize awards according to current regulations.

Leading the issuance of financial management regulations for the management and use of the Fund as prescribed.

Inspecting and supervising the activities of the Fund in accordance with the Financial Management Regulations for the management and use of the Fund.

Article 5. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 6. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of provincial People's Committees and municipal People's Committees directly under the Central Government are responsible for enforcing this Decision./.