Circular No. 21/2013/TT-BLDTBXH stipulates the ceiling amount for deposit and the labor markets where service enterprises may agree to deposit with workers going abroad under contracts. This document applies to service enterprises and workers.
Scope of application
["Service Enterprises Sending Vietnamese Workers Abroad", "Vietnamese Workers Going Abroad Under Contracts"]
Key points
- "Service Enterprises" → agree on deposits with workers according to industry, profession, and receiving country → not exceeding the ceiling deposit amount specified in Appendix No. 01 (Article 4)
- Workers and service enterprises → implement guarantees instead of deposits when workers do not make deposits or do not have sufficient funds for deposits (Article 4.2)
- Service enterprises → manage and use workers' deposits in accordance with Circular Jointly Issued No. 17/2007/TTLT-BLDTBXH-NHNNVN (Article 5)
- Service enterprises → report periodically and urgently on the implementation, management, and use of workers' deposits to the Overseas Labor Management Department according to the form at Appendix No. 02 (Article 6)
- Service enterprises and workers → continue to implement agreements on deposit amounts in labor markets that were implemented before this Circular takes effect until the deposit agreement expires (Article 7)
🌐 Social impact of this document
- "Service Enterprises" and "Vietnamese Workers Going Abroad Under Contracts" are specifically guided on the ceiling deposit amount, creating favorable conditions for sending workers abroad.
- Service enterprises must comply with regulations on managing and using workers' deposits, ensuring workers' rights.
- Workers can benefit from implementing guarantees instead of deposits when they do not meet the conditions for deposits.
❓ Frequently asked questions
How is the ceiling deposit amount for each specific labor market defined?
The ceiling deposit amount for each labor market is defined in Appendix No. 01 of this Circular.
Can workers implement guarantees instead of deposits when they do not meet the conditions for deposits?
Yes, workers and service enterprises can agree on implementing guarantees according to the provisions of Circular Jointly Issued No. 08/2007/TTLT-BLDTBXH-BTP.
How must service enterprises report on the management and use of workers' deposits?
Service enterprises must report periodically and urgently on the implementation, management, and use of workers' deposits to the Overseas Labor Management Department according to the form at Appendix No. 02 before June 20th and December 20th each year.
When does this Circular take effect?
This Circular takes effect from December 1, 2013.
Full text
CIRCULAR
Prescribing the ceiling amount for deposit and the labor market that enterprises may agree to deposit with workers
services The enterprises
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Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Theo đề nghị của Vụ trưởng Vụ Tín dụngof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsThe Minister of Labor, Invalids and Social Affairs issues this Circular stipulating the construction, management, update, exploitation and use of social assistance and poverty reduction databases.
Pursuant to Article 23 of the Law on Vietnamese Workers Going Abroad under Contracts dated September 29, 11 2006;
At the proposal of the Director of the Department of Overseas Labor Management;
The Minister of Labor, Invalids and Social Affairs issues this Circular prescribing the ceiling amount for deposit and the labor market that service enterprises may agree to deposit with workers going abroad under contracts.intention This Circular prescribes the ceiling amount for deposit and the labor market that enterprises engaged in services sending Vietnamese workers to work abroad under contracts may agree to deposit with workers going abroad under contracts.ỏa 1. Service enterprises licensed to operate services sending Vietnamese workers to work abroad under contracts (hereinafter referred to as service enterprises).
Article 1. Scope of Regulation
2. Vietnamese workers going abroad under contracts signing contracts with service enterprises to send workers to work abroad (hereinafter referred to as workers).
Article 2. Applicability
Article 3. Principles for implementing deposits
Workers and service enterprises shall agree on depositing according to industry, profession, and receiving country with a deposit amount not exceeding the ceiling amount for deposit prescribed in this Circular.
Article 4. Ceiling amount for deposit and labor market for agreed deposits
1. Labor markets where service enterprises may agree to deposit with workers and the ceiling amount for deposit of workers at some labor markets as specified in Appendix No. 01 issued together with this Circular.
2. In cases where workers do not make deposits or do not have sufficient funds to make deposits, service enterprises may agree with workers to provide guarantees in accordance with Circular Jointly Issued No. 08/2007/TTLT-BLDTBXH-BTP dated July 11, 2007, of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Justice detailing certain aspects of the content of Guarantee Contracts and the liquidation of Guarantee Contracts for workers going abroad under contracts.
Article 5. Management and use of deposits
The implementation, management, and use of workers' deposits shall be carried out in accordance with Circular Jointly Issued No. 17/2007/TTLT-BLDTBXH-NHNNVN dated September 4, 2007, of the Ministry of Labor, Invalids and Social Affairs and the State Bank of Vietnam on the management and use of deposits of enterprises and workers going abroad under contracts.
Service enterprises are responsible for reporting periodically and urgently (when requested) on the implementation, management, and use of workers' deposits to the Department of Overseas Labor Management in accordance with the form specified in Appendix No. 02 issued together with this Circular before June 20 and December 20 each year.
Agreements between service enterprises and workers on deposit amounts in labor markets implemented before this Circular takes effect shall continue to be implemented until the deposit agreement period expires.
Article 6. Reporting System
1. Service enterprises and workers are responsible for complying with the provisions of this Circular.
Article 7. Transitional Provisions
2. The Department of Overseas Labor Management, the Inspectorate of the Ministry of Labor, Invalids and Social Affairs, Provincial Departments of Labor, Invalids and Social Affairs, and other relevant agencies are responsible for inspecting, supervising, and urging enterprises to implement.
Article 8. Implementation organization
3. This Circular takes effect from December 1, 2013.
4. During the implementation process, if there are difficulties, please report to the Ministry of Labor, Invalids and Social Affairs for timely guidance and supplementation./.
3. This Circular takes effect from December 1, 2013.
4. During implementation, any difficulties should be reported to the Ministry of Labor, War Invalids and Social Affairs for timely guidance and supplementation./.
DEPUTY MINISTER
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