Joint Circular No. 33/2001/TTLT/BTC-BLDTBXH guiding additional and amended provisions of Circular No. 16/2000/TTLT/BTC-BLDTBXH dated February 28, 2000 on financial regulations for Vietnamese workers and experts working abroad for a limited period.

JOINT CIRCULAR

Supplemental and Amended Circular No. 16/2000/TTLT/BTC-BLDTBXH dated February 28, 2000 on financial regulations for Vietnamese workers and experts working abroad for a limited period

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Considering the practical situation of sending workers and experts to work abroad for a limited period, implementing the opinion of the Prime Minister in Official Letter No. 2175/VPCP-VX dated May 22, 2001 of the Government Office, the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs jointly issue this circular to amend and supplement some points in Circular No. 16/2000/TTLT-BTC-BLDTBXH dated February 28, 2000 as follows:

1. Delete Point 1.1c, Clause 1, Part A and Clause 2, Section III, Part B regarding administrative expenses for registration, monitoring, and management of workers under individual contracts directly signed with foreign employers by the workers themselves.

2. Remove the phrase "and fines" at Clause 3, Part A; the title of Section III, Part B and Clause 1, Section III of this part.

3. Add the following content to Clause 4, Part A:

In cases where the employer bears all or part of the costs, enterprises shall not collect such costs from the workers.

4. Deposit amount:

Replace Appendix 01/LT and adjust the maximum deposit amount for workers as follows:

+ For workers going to work or train in South Korea, Japan, and Taiwan, the deposit amount is equivalent to one round-trip airfare ticket and one month's salary according to the contract.

+ For workers going to other markets (including officers and sailors), the deposit amount is equivalent to one round-trip airfare ticket.

Export labor enterprises shall open a deposit account at the State Treasury to deposit the full amount of deposits collected from workers and manage them in accordance with Decree No. 152/NĐ-CP.

5. Amend Points a and b, Clause 2, Section I, Part B as follows:

To ensure uniformity in service fee collection by enterprises from workers, the service fee shall be implemented as follows:

a/ In cases where the wage stipulated in the contract does not include food, accommodation, work injury insurance, and health insurance during the period of work abroad, the service fee is 10% of the contract wage. Specifically, for officers and sailors working on sea transport vessels, the service fee is 16% of the contract wage.

b/ In cases where the wage stipulated in the contract includes food, accommodation, work injury insurance, and health insurance without being separately listed, the service fee is 5% of the contract wage; for officers and sailors working on sea transport vessels, the service fee is 8% of the contract wage. If these items can be separately listed, the service fee shall be calculated according to the provisions in point a above.

6. Add Point 4a, Section II, Part B as follows: "The commission fee of export labor enterprises in exploiting labor supply contracts shall be implemented in accordance with Circular No. 01/2000/TT-BTC dated January 5, 2000 of the Ministry of Finance guiding the payment of commissions in transactions and brokerage for exports."

7. Replace the violation handling provision in Clause 6, Section II, Part B as follows:

"Export labor enterprises violating the financial regulations stipulated in this Circular shall be subject to administrative penalties in accordance with Decree No. 38/CP dated June 25, 1996 of the Government on administrative penalties for violations of labor laws."

This Circular takes effect fifteen days after its date of issuance. Matters not addressed in this Circular shall continue to be implemented in accordance with Circular No. 16/2000/TTLT-BTC-BLDTBXH dated February 28, 2000.

During implementation, if there are any difficulties, please report to the Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs for research and resolution.