Joint Circular No. 31/2013/TTLT-BLDTBXH-BTC guiding the implementation of Decision No. 1465/QD-TTg dated August 21, 2013 of the Prime Minister on the pilot implementation of guarantee deposits for workers going to work in South Korea under the South Korean Foreign Worker Employment Permit Program.

 JOINT CIRCULAR

Guidelines for implementing Decision No. 1465/QD-TTg dated August 21, 2013 of the Prime Minister on piloting the deposit guarantee for workers going to work in South Korea under the foreign worker employment permit program of South Korea.

Implementing Decision No. 1465/QD-TTg dated August 21, 2013 of the Prime Minister on piloting the deposit guarantee for workers going to work in South Korea under the foreign worker employment permit program of South Korea;

pursuant to the work permit issuance program for foreign workers of the Republic of Koreaspecialized agency under the People's Committee of the province/city.

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

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Implementing Decision No. 1465/QD-TTg dated August 21, 2013 of the Prime Minister on piloting the deposit guarantee for workers going to work in South Korea under the foreign worker employment permit program of South Korea;

After receiving the opinion of the Governor of the State Bank of Vietnam in Circular No. 8354/NHNN-TT dated November 8, 2013, the Minister of Labor, Invalids and Social Affairs and the Minister of Finance issued the Joint Circular guiding the implementation of Decision No. 1465/QD-TTg dated August 21, 2013 of the Prime Minister on piloting the deposit guarantee for workers going to work in South Korea under the foreign worker employment permit program of South Korea.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular stipulates and guides the lending, deposit guarantee, interest rate on deposit guarantee funds, management and utilization of deposit guarantee funds of workers going to work in South Korea under the foreign worker employment permit program of South Korea.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) Workers going to work in South Korea under the foreign worker employment permit program of South Korea.

b) The Overseas Labor Center under the Ministry of Labor, Invalids and Social Affairs (hereinafter referred to as the Overseas Labor Center).

c) The Social Policy Bank.

d) Other organizations and individuals related to workers going to work in South Korea under the foreign worker employment permit program of South Korea.

Article 2. Loan for Deposit Guarantee for Workers Borrowing from the Social Policy Bank

1. Workers going to work in South Korea who are eligible to borrow from the Social Policy Bank and have a need for borrowing may borrow up to VND 100 million for deposit guarantee without collateral.

2. The loan term shall be equal to the deposit guarantee period specified in Clause 2 of Article 4 of this Circular.

3. The interest rate for the loan shall be applied according to the interest rate for loans to workers going to work abroad by the Social Policy Bank, suitable for each category.

Article 3. Deposit Guarantee Bank and Interest Rate on Deposit Guarantee Funds

1. Workers shall implement the deposit guarantee at branches or transaction offices of the Social Policy Bank within the territory where they legally reside.

2. Interest rate on deposit guarantee funds:

a) Workers who borrow from the Social Policy Bank for deposit guarantee shall enjoy an interest rate on deposit guarantee funds equivalent to the interest rate for loan for deposit guarantee. In case workers repay the loan ahead of schedule, they shall enjoy an interest rate on deposit guarantee funds as prescribed in Point b, Clause 2 of this Article for the difference between the balance of deposit guarantee funds and the balance of loan debt.

b) Workers who do not borrow from the Social Policy Bank for deposit guarantee shall enjoy an interest rate on deposit guarantee funds corresponding to the fixed-term deposit interest rate of the Social Policy Bank during each period.

Article 4. Time and Duration of Deposit Guarantee

1. Workers shall implement the deposit guarantee no later than 35 days from the date of signing the contract to send workers to work in South Korea with the Overseas Labor Center.

2. The duration of deposit guarantee is five years four months.

Article 5. Implementation of Deposit

1. The worker and the branch or transaction office of the Social Policy Bank where the deposit is received shall conclude a deposit agreement in accordance with the provisions of this Circular and relevant current regulations, specifying the following contents: the full name of the worker, the full name of the authorized person (if any), place of permanent household registration, current lawful place of residence, amount of deposit, interest rate on the deposit, opening and using the deposit account, refunding the deposit, responsibilities of each party, and other lawful agreements.

2. The branch or transaction office of the Social Policy Bank where the deposit is received shall be responsible for confirming the worker's deposit.

Chapter II

MANAGEMENT AND USE OF DEPOSIT FUNDS

Article 6. Management and use of deposit funds at the bank

1. For workers who do not borrow from the Social Policy Bank to make a deposit:

a) If the worker completes the contract and returns home on time, dies or goes missing during the contract period, must return home before the deadline due to natural disasters, illness, accidents, and other force majeure reasons, or does not go to work in South Korea after making the deposit, the deposit (including principal and interest) will be refunded to the worker after deducting reasonable incurred expenses (if any).

b) If the worker returns home before the deadline due to breach of contract (excluding cases of fleeing from the workplace as stipulated in point c of this clause), the deposit (including principal and interest) will be used to compensate for losses caused by the worker's fault to the Overseas Labor Center (if any). The remaining amount will be refunded to the worker, and if the deposit is insufficient, the worker must pay the difference.

c) If the worker flees from the workplace as stipulated in the contract (including fleeing immediately upon arrival in South Korea) or remains in South Korea beyond the contract term without returning home on time and resides and works illegally there, the deposit (including principal and interest) will be transferred to the Employment Resolution Fund of the province or centrally administered city where the worker had a lawful residence before going to work in South Korea.

2. For workers who borrow from the Social Policy Bank to make a deposit:

a) If the worker completes the contract and returns home on time, dies or goes missing during the contract period, must return home before the deadline due to natural disasters, illness, accidents, and other force majeure reasons, or does not go to work in South Korea after making the deposit, the deposit (including principal and interest) will be used to repay the loan from the Social Policy Bank. In case the worker has repaid part or all of the loan before the deadline, the remaining amount will be refunded to the worker after deducting reasonable incurred expenses (if any).

b) If the worker returns home before the deadline due to breach of contract (excluding cases of fleeing from the workplace as stipulated in point c of this clause), the deposit (including principal and interest) will be used to repay the loan from the Social Policy Bank. In case the worker has repaid part or all of the loan before the deadline, the remaining amount will be refunded to the worker after deducting compensation costs for losses caused by the worker's fault to the Overseas Labor Center (if any). In case the deposit is insufficient, the worker must pay the difference.

c) If the worker flees from the workplace as stipulated in the contract (including fleeing immediately upon arrival in South Korea) or remains in South Korea beyond the contract term without returning home on time and resides and works illegally there, the deposit (including principal and interest) will be used to repay the loan from the Social Policy Bank. In case the worker has repaid part or all of the loan before the deadline, the remaining amount will be transferred to the Employment Resolution Fund of the province or centrally administered city where the worker had a lawful residence before going to South Korea.

Article 7. Refund of Deposit Money and Settlement of Deposit Account

1. In cases where workers do not borrow from the Social Policy Bank to deposit:

a) For the cases stipulated in point a, Clause 1, Article 6 of this Circular:

- At the latest within twenty working days from the date the worker returns to Vietnam, the worker dies, or goes missing, or from the date there is evidence confirming that the worker did not go to work in South Korea after depositing money, the Overseas Labor Center shall notify in writing the Head Office of the Social Policy Bank and the Department of Labor - Invalids and Social Affairs of the locality where the worker legally resided before going to work in South Korea, specifying the following contents: the worker's full name, the branch or transaction office of the Social Policy Bank receiving the deposit, the expenses that the worker must pay from the deposit account (if any).

- At the latest within ten working days from the date of receipt of the Overseas Labor Center's notification, the Department of Labor - Invalids and Social Affairs shall notify the worker or the authorized person.

- At the latest within ten working days from the date of receipt of the Overseas Labor Center's notification, the Head Office of the Social Policy Bank shall notify the branch or transaction office receiving the deposit to process the refund of deposit money and settlement of the deposit account for the worker.

b) For the cases stipulated in point b, Clause 1, Article 6 of this Circular:

- At the latest within twenty working days from the date the worker returns to Vietnam, the Overseas Labor Center shall terminate the labor dispatch contract with the worker and notify in writing (prepared for each worker) the Head Office of the Social Policy Bank and the Department of Labor - Invalids and Social Affairs of the locality where the worker legally resided before going to work in South Korea, specifying the following contents: the worker's full name, the branch or transaction office of the Social Policy Bank receiving the deposit, the expenses that the worker must pay from the deposit account (if any).

- At the latest within ten working days from the date of receipt of the Overseas Labor Center's notification, the Head Office of the Social Policy Bank shall notify the branch or transaction office receiving the deposit to process the refund of deposit money and settlement of the deposit account for the worker.

c) For the cases stipulated in point c, Clause 1, Article 6 of this Circular:

- Monthly, the Overseas Labor Center shall report to the Department of Overseas Labor Management a list and related information about workers who have fled their workplaces according to the contract and workers whose contracts have expired without returning to Vietnam on time, residing and working illegally in South Korea.

- The Department of Overseas Labor Management shall notify in writing (prepared for each worker) the Head Office of the Social Policy Bank and the Department of Labor - Invalids and Social Affairs of the locality where the worker legally resided before going to work in South Korea, specifying the following contents: the worker's full name, the branch or transaction office of the Social Policy Bank receiving the deposit, the reason for recovering the deposit money, the address for transferring the money.

- At the latest within ten working days from the date of receipt of the Department of Overseas Labor Management's notification, the Department of Labor - Invalids and Social Affairs shall notify the worker or the authorized person and the worker's family.

- At the latest within ten working days from the date of receipt of the Department of Overseas Labor Management's notification, the Social Policy Bank shall notify the branch or transaction office receiving the deposit to process the settlement of the worker's deposit account and transfer the entire deposit money (including principal and interest) to the Employment Resolution Fund of the province or centrally administered city where the worker legally resided before going to work in South Korea, while notifying the Department of Overseas Labor Management and the Department of Labor - Invalids and Social Affairs.

2. In cases where workers borrow from the Social Policy Bank to deposit:

a) For the cases stipulated in point a, Clause 2, Article 6 of this Circular: The Overseas Labor Center and the Department of Labor - Invalids and Social Affairs shall implement as prescribed for the case specified in point a, Clause 1 of this Article; the bank receiving the deposit shall recover the loan from the worker and settle the worker's deposit account.

b) For the cases stipulated in point b, Clause 2, Article 6 of this Circular: The Overseas Labor Center and the Department of Labor - Invalids and Social Affairs shall implement as prescribed for the case specified in point b, Clause 1 of this Article; the bank receiving the deposit shall recover the loan from the worker and settle the worker's deposit account.

c) For the cases stipulated in point c, Clause 2, Article 6 of this Circular: The Overseas Labor Center, the Department of Overseas Labor Management, and the Department of Labor - Invalids and Social Affairs shall implement as prescribed for the case specified in point c, Clause 1 of this Article; the bank receiving the deposit shall recover the loan from the worker and settle the worker's deposit account; In cases where the worker has repaid part or all of the loan for the deposit before the due date, the remaining amount shall be transferred to the Employment Resolution Fund of the province or centrally administered city.

Article 8. Management and utilization of the deposit money of workers stipulated in point c Clause 1 and point c Clause 2 Article 6 of this Circular after transferring to the Employment Resolution Fund of the province or centrally governed city.

1. The deposit money of workers after transferring to the Employment Resolution Fund of the province or centrally governed city shall be implemented according to the provisions at point a Clause 2 Section I Circular No. 73/2008/TT-BTC dated August 1, 2008 of the Ministry of Finance guiding the establishment, management, and utilization of local employment resolution funds and national employment fund management costs (the Director of the Department of Finance shall be the account holder of the Fund).

2. Contents and expenditure limits for propaganda, dissemination of policies and laws, and activities aimed at promoting labor export and job creation at the local level. Specifically:

a) Expenditure on training sessions, mid-term reviews, and final summaries on employment and activities related to sending workers abroad. The contents and expenditure limits shall be carried out according to the provisions of Circular No. 97/2010/TT-BTC dated July 6, 2010 of the Ministry of Finance regarding the system of travel expenses and expenditures for organizing meetings for state agencies and public service units (hereinafter referred to as Circular No. 97/2010/TT-BTC).

b) Expenditure on information dissemination and propaganda about labor policies, employment, and activities related to sending workers abroad:

- Expenditure on producing radio and television programs on mass media (radio, television, press) shall be carried out according to the provisions of Decision No. 39/2008/QĐ-TTg dated March 14, 2008 of the Prime Minister promulgating the Procurement Regulations for Public Services Using State Budget Funds and related guiding documents.

- Expenditure supporting community radio activities: editing radio materials: VND 75,000 per page of 350 words; remuneration for radio presenters: VND 15,000 per session. In cases where broadcasting is conducted in ethnic languages: VND 20,000 per session.

- Expenditure on purchasing, reproducing, and distributing communication materials. The expenditure limit shall be carried out according to contracts, receipts, or legitimate invoices.

- Expenditure on organizing propaganda and counseling sessions for workers going abroad and their relatives to encourage workers to return home on time:

+ Expenditure on renting conference halls, backdrops, tents, tables, chairs, sound equipment (if any): The expenditure limit shall be carried out according to contracts, receipts, or invoices (in case of renting services).

+ Remuneration for speakers: VND 200,000 per session.

+ Expenditure on drinking water for the organizing committee and participants: the expenditure limit according to Circular No. 97/2010/TT-BTC.

c) Expenditure supporting direct home counseling for workers going abroad: VND 20,000 per person counseled. In cases where counseling multiple people at the same location, the maximum remuneration: VND 100,000 per person per session.

d) Expenditure on job counseling, introduction, and support for training and retraining for workers returning from abroad:

- Expenditure supporting counseling and job introduction fees for workers returning from abroad shall be carried out according to the expenditure limits prescribed in Joint Circular No. 95/2007/TTLT-BTC-BLDTBXH dated August 7, 2007 guiding job introduction fees. Based on the receipt of fees or invoices from the employment service organization, the Department of Labor, Invalids, and Social Affairs shall make payment for counseling and job introduction fees for workers.

- Expenditure on domestic training and retraining for knowledge on starting businesses and business management for workers returning from abroad who wish to establish businesses. The contents and expenditure limits shall be carried out according to the provisions of Circular No. 139/2010/TT-BTC dated September 21, 2010 of the Ministry of Finance regarding the preparation, management, and utilization of state budget funds for training and retraining of cadres and civil servants.

đ) Expenditure on inspection, supervision, and evaluation work: The contents and expenditure limits according to the provisions of Circular No. 97/2010/TT-BTC and Circular No. 06/2007/TT-BTC dated January 26, 2007 of the Ministry of Finance guiding the preparation, management, and utilization of funds to ensure inspection work on the implementation of policies, strategies, planning, and plans.

For inter-departmental and inter-agency inspection, supervision, and evaluation teams: the leading agency of the inspection team shall be responsible for the travel expenses (train and bus fares, living allowances, accommodation rental fees, and baggage transportation fees) for the members of the team according to the prescribed regulations. To avoid duplicate expenditures, the leading agency of the inspection team shall notify in writing (in the invitation letter or summons) that the agency sending personnel for the inspection does not need to pay these expenses.

3. Preparation and settlement of budgets:

a) Annually, the Department of Labor, Invalids, and Social Affairs shall base on the amount of deposit money of workers transferred to the local employment resolution fund according to point c Clause 1 and point c Clause 2 Article 6 of this Circular; the situation of labor export and job creation at the local level; the contents and expenditure limits prescribed in Clause 2 Article 8 of this Circular; prepare the budget expenditure proposal for review by the Department of Finance and submission to the People's Committee of the province or centrally governed city for consideration and decision.

b) Based on the Decision approving the budget expenditure of the People's Committee of the province or centrally governed city, the Department of Finance shall allocate funds from the local employment resolution fund to the Department of Labor, Invalids, and Social Affairs.

c) The funds allocated from the local employment resolution fund for propaganda, dissemination of policies and laws, and activities aimed at promoting labor export and job creation at the local level shall be recorded as other sources of funding and consolidated into the annual budget settlement of the Department of Labor, Invalids, and Social Affairs according to current regulations.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of agencies and units

1. Responsibilities of the Social Policy Bank:

a) Guide the procedures and formalities for workers to deposit collateral.

b) Manage and utilize the collateral money of workers in accordance with this Circular and relevant laws.

c) Uniformly issue the collateral contract and collateral confirmation certificate.

d) Report periodically every six months and annually on the management and utilization of workers' collateral money to the Overseas Labor Management Department.

2. Responsibilities of the Center for Overseas Labor:

a) Guide workers to implement collateral in accordance with regulations.

b) Monitor the implementation of labor dispatch contracts to work in South Korea to handle workers' collateral money according to regulations.

c) Report periodically every six months and annually on the implementation of workers' collateral to the Overseas Labor Management Department.

3. Responsibilities of the Department of Labor, Invalids and Social Affairs:

a) Take the lead and coordinate with political and social organizations to provide information and advice to workers regarding relevant laws concerning workers going abroad under contract, Vietnam and South Korea's regulations on the Program for Permitting Foreign Workers to Work in South Korea, and the provisions of this Circular.

b) Guide workers to implement collateral in accordance with regulations.

c) Urge and encourage families of workers going abroad to fulfill their contracts and return on time.

d) Utilize workers' collateral money after depositing it into the local Employment Resolution Fund in accordance with this Circular and current regulations.

e) Report periodically every six months and annually on the utilization of workers' collateral money after depositing it into the local Employment Resolution Fund to the Department of Finance and the Overseas Labor Management Department.

4. Responsibilities of the Overseas Labor Management Department:

a) Coordinate with related agencies and units to organize information dissemination and guidance on implementing the provisions of this Circular.

b) Inspect and propose solutions to issues arising during the implementation of this Circular's provisions.

c) Periodically every six months and annually compile and report to the Ministry of Labor, Invalids and Social Affairs on the management and utilization of workers' collateral money as stipulated in this Circular.

Article 10. Effective Date

1. This Circular takes effect from December 28, 2013.

2. Workers going to work in South Korea under the Program for Permitting Foreign Workers to Work in South Korea who depart between November 20, 2013 and the date this Circular takes effect shall comply with the provisions of this Circular.

3. In the course of implementation, if there are difficulties, they should be reported to the Ministry of Labor, Invalids and Social Affairs for coordination with the Ministry of Finance to study and resolve them./.