Decision No. 40/2021/QĐ-TTg on the Overseas Employment Support Fund

Pursuant to …;

REGARDING THE OUTSIDE OF THE COUNTRY EMPLOYMENT SUPPORT FUND

___________

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Vietnamese Workers Going Abroad under Contracts dated November 13, 2020;

Decree No. 07/2021/NĐ-CP

The Prime Minister issues this Decision on the Overseas Employment Support Fund.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision stipulates the establishment, operation, management, and utilization of the Outside of the Country Employment Support Fund (hereinafter referred to as the Fund); the contribution levels of enterprises and workers to the Fund; the contents and expenditure levels for the tasks of the Fund as specified in Article 67 of the Law on Vietnamese Workers Going Abroad under Contracts.

Article 2. Applicability

1. Vietnamese workers going abroad under contracts.

2. Enterprises engaged in services for sending Vietnamese workers abroad under contracts.

3. Agencies, organizations, and individuals related to the establishment, operation, management, contributions, and utilization of the Fund.

Chapter II
ESTABLISHMENT, OPERATION, AND MANAGEMENT OF THE OVERSEAS EMPLOYMENT SUPPORT FUND

Article 3. Establishment of the Overseas Employment Support Fund

1. Establish the Outside of the Country Employment Support Fund under the Ministry of Labor, Invalids and Social Affairs to support the development, stability, and expansion of the market; prevent, reduce, and mitigate risks for workers and enterprises; protect the legitimate rights and interests of workers.

2. The Fund has its main office located in Hanoi City and maintains an electronic information website.

3. The English name of the Fund is the Fund for Overseas Employment Support, abbreviated as FES.

Article 4. Legal Status of the Fund

1. The Fund is a state financial fund outside the budget, operating without profit-making objectives.

2. The Fund operates according to the model of a public service unit that self-assures regular expenses and investment costs.

3. The Fund has legal personality and a separate seal, independent accounting, separate financial reports, and can open accounts at the State Treasury and commercial banks operating legally in Vietnam according to the provisions of the law.

Article 5. Organizational Structure of the Fund

The organizational structure of the Fund includes the Management Board and the Administrative Office of the Fund.

1. The Management Board of the Fund consists of five members, including the Chairman, Vice-Chairman, and other members working on a full-time or part-time basis appointed, dismissed, relieved of duty, rewarded, and disciplined by the Minister of Labor, Invalids and Social Affairs. The Chairman of the Management Board is a leader from the Ministry of Labor, Invalids and Social Affairs, while the Vice-Chairman and other members are representatives from relevant units within the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and some agencies. The Management Board has a term of five years and may be reappointed.

2. The Administrative Office of the Fund comprises the Director, Deputy Director, Chief Accountant, Business Department, and Fund Office.

3. Duties and powers of the Management Board

a) The Management Board uses the seal and personnel of the Administrative Office of the Fund in performing duties and exercising powers as prescribed in this Decision;

b) Approves the five-year and annual operational directions and plans of the Fund; decides on investment schemes ensuring efficiency, safety, transparency, and approves the annual budget estimates and final accounts of the Fund;

c) Reviews, proposes, and submits to the Minister of Labor, Invalids and Social Affairs for decision on appointing, dismissing the Director of the Fund;

d) Decides on promulgating operational regulations of the Management Board; promulgates operational regulations of the Fund within its authority;

đ) Approves principles and specific support levels for workers based on proposals from the Administrative Office of the Fund within the framework of support levels specified in Articles 10, 11, and 12 of this Decision;

e) Decides on planning, appointing, dismissing, recruiting, evaluating, rewarding, disciplining, paying salaries, bonuses, establishing reward and welfare funds, and implementing policies and systems for the Administrative Office of the Fund;

g) Inspects and supervises the activities of the Administrative Office in complying with policies and laws, implementing decisions of the Management Board, ensuring support is provided to the correct subjects, content, and strict, consistent procedures;

h) Is responsible before the Minister of Labor, Invalids and Social Affairs and the law for decisions made by the Management Board of the Fund.

4. Duties and powers of the Chairman of the Management Board

a) Is responsible for the work of the Management Board, organizes the assignment of tasks to members to perform the duties and exercise the powers of the Management Board;

b) Represents the Management Board to issue decisions and documents within the authority of the Management Board;

c) Calls and chairs meetings of the Management Board or seeks opinions from members;

d) Represents the Management Board to submit to the Minister of Labor, Invalids and Social Affairs for appointment, dismissal of the Director, Deputy Director, and Chief Accountant of the Fund;

đ) Organizes the implementation of the duties of the Management Board, monitors and supervises the implementation of operational directions, plans, management, and administration results of the Fund Director;

e) Performs other tasks assigned by the Minister of Labor, Invalids and Social Affairs.

5. Rights and responsibilities of the Vice-Chairman and members of the Management Board

a) Attend meetings, discuss, propose, and vote on issues of the Management Board;

b) Perform tasks and work assigned by the Management Board and the Chairman of the Management Board;

c) Exercise other rights and fulfill other obligations according to the operational regulations of the Management Board.

6. Powers, obligations, and responsibilities of the Fund Director

a) The Fund Director is the legal representative of the Fund appointed and dismissed by the Minister of Labor, Invalids and Social Affairs based on the proposal of the Chairman of the Management Board, working on a full-time or part-time basis, with a term of five years and may be reappointed;

b) Organizes the administration of the Fund's operations, implements reports on the results of tasks carried out according to the decisions of the Management Board and the Ministry of Labor, Invalids and Social Affairs;

c) Submits to the Management Board for decision on operational directions, plans, financial plans, and financial reports as prescribed in this Decision; organizes the implementation of directions and plans after approval by the Management Board;

d) Submits to the Management Board for decision on operational regulations of the Fund, organizational structures, and staffing plans of the Administrative Office of the Fund; appoints, dismisses, rewards, and disciplines the Deputy Director, Chief Accountant, and other managerial positions of the Fund according to this Decision;

đ) Develops and submits to the Management Board for approval principles and specific support levels for workers as specified in Articles 10, 11, and 12 of this Decision based on the degree of disability, illness, and time worked abroad under contracts;

e) The Fund Director is responsible for reporting periodically to the Management Board on the operation of the Fund;

g) Recruits, appoints, and dismisses personnel within their authority;

h) Specifies the functions and duties of the Business Department and the Fund Office.

i) Exercise other rights and duties assigned and delegated by the Chairman of the Management Board of the Fund and the Minister of Labor, Invalids, and Social Affairs in accordance with the functions and responsibilities of the Fund;

k) Comply with the law, exercise the rights and perform the duties assigned under this Decision; implement decisions of the Management Board of the Fund;

l) Be responsible to the Management Board of the Fund, the Minister of Labor, Invalids, and Social Affairs, and the law for the tasks and powers assigned and delegated;

7. Responsibilities and authorities of the Deputy Director of the Fund, Chief Accountant, and units under the Fund

a) The Deputy Director of the Fund assists the Director of the Fund according to the assignment and delegation of the Director of the Fund; be responsible to the Director of the Fund and the law for the tasks assigned or delegated;

b) The Chief Accountant is responsible for organizing the accounting work in compliance with the laws on accounting, assist the Director of the Fund in supervising the financial activities of the Fund in accordance with the laws on finance and accounting; be responsible to the Director of the Fund, the Chairman of the Management Board of the Fund, and the law for the tasks and powers assigned;

c) The Business Department and the Office of the Fund perform their functions and duties according to the decision of the Director of the Fund.

8. The Fund implements the self-management system regarding personnel, decides on job positions and the number of staff suitable with the functions and responsibilities of the Fund and the actual situation during the implementation process. The regulations and policies for staff of the Managing Agency of the Fund are applied in accordance with the Labor Code, laws on cadres, civil servants, public officials, and related provisions.

Article 6. Principles of operation, financial management, asset management, accounting systems, auditing, and financial transparency

1. Ensure transparency, thrift, efficiency, proper use, and compliance with the law.

2. The sources of income of the Fund are transferred into the Fund's account opened at the State Treasury and commercial banks for use and management in accordance with the law. The Fund may use up to 50% of the surplus of the previous year's Fund balance to deposit with a term at a commercial bank in Vietnam but the maximum term shall not exceed three years. The amount of deposit, the term of deposit, and the branch of the bank receiving the deposit are decided by the Director of the Fund based on the investment plan of the Fund approved by the Management Board of the Fund. Interest from bank deposits is supplemented into the Fund's annual income.

3. Receive, manage, and use grants and donations according to the law.

4. Annually, the Fund's Management Agency prepares the budget for income and expenditure of the Fund, regular expenses for managing the Fund, and submits them to the Fund Management Board for approval.

5. Revenue, expenditure, settlement, financial transparency, and reporting procedures according to the Accounting Law, State Budget Law, and related documents.

6. Annually, the results of operations and audit results are publicly disclosed on the Ministry of Labor, Invalids, and Social Affairs' electronic portal in accordance with the law. The Fund balance of the previous year is carried over to the next year for continued use.

Implement asset management and usage according to the law on asset management and usage; the law on public asset management and usage.

Chapter III
CONTRIBUTION LEVELS OF THE FUND BY ENTERPRISES AND WORKERS

Article 7. Contributions from enterprises

1. Contribution level

Enterprises operating services to send Vietnamese workers abroad under contracts contribute to the Fund at a rate of VND 150,000 per worker per contract. Enterprises can account for this contribution as part of their expenses for sending workers abroad.

The basis for contributing to the Fund is the Contract for Sending Vietnamese Workers Abroad signed between the service enterprise and the worker.

2. Monthly, enterprises deduct and pay contributions in cash or by transfer to the Fund based on the number of workers sent abroad in that month, no later than the 10th day of the following month.

Article 8. Contributions from workers

1. Contribution level

Workers going to work abroad shall contribute to the Fund at a rate of 100,000 VND per person per contract.

The basis for contributing to the Fund is one of the following types of contracts or documents:

a) The Contract for Sending Vietnamese Workers Abroad signed between the worker and the service enterprise or public institution;

b) The Training Contract signed between the worker and the enterprise regarding training and skill enhancement abroad;

c) The Contract or Agreement signed between the worker and the enterprise winning or undertaking projects abroad to send Vietnamese workers abroad;

d) The Contract or Agreement for sending workers abroad signed between the worker and Vietnamese organizations or individuals investing abroad;

đ) The Employment Contract signed between the worker and the employer abroad.

2. Workers directly contribute to the Fund by paying in cash or transferring funds to the Fund no later than three days before the departure date or no later than five working days from the date of receipt of the approval notice for contract registration issued by the competent state agency in cases where labor contracts are concluded after departure.

In cases where workers contribute to the Fund through enterprises, organizations, or individuals sending them abroad, these entities must collect and transfer the full amount of the workers' monthly contributions to the Fund's account no later than the 10th day of the following month.

3. In cases where workers contribute to the Fund in cash, the authority, enterprise, organization, or individual collecting the contribution shall issue a receipt to the worker.

Chapter IV
CONTENT AND LEVEL OF EXPENSES FOR THE TASKS OF THE FUND

Section 1. SUPPORTING VIETNAMESE WORKERS GOING ABROAD UNDER CONTRACTS

Article 9. Principles of Support for Workers

1. Workers are eligible for support as provided in this Decision when they fully contribute to the Fund. The time of application for support starts from the date of the worker's contribution to the Fund.

2. Workers are entitled to one-time support for each type of support specified in this Decision for each contribution to the Fund.

3. The provisions set forth in Articles 10, 11, 12, and 13 of this Decision apply only to incidents occurring during the period when workers are working abroad under contracts.

4. If workers have already benefited from vocational training support programs funded by the state budget, they will not be eligible for support under Article 15 of this Decision, and vice versa.

5. Support contents from the Fund do not reduce, change, or eliminate the rights and obligations of workers, the obligations of employers, enterprises, or organizations sending workers abroad towards workers as stipulated by the Law on Vietnamese Workers Going Abroad Under Contracts and other relevant laws.

Article 10. Support for workers who must return to the country before the term due to work accidents, unexpected risks, illness, or disease to the extent that they can no longer continue working abroad.

1. Level of support: from VND 10,000,000 to VND 30,000,000 per case.

2. Workers or persons authorized by workers or legal representatives of workers submit a request for support form (Model attached as Appendix I of this Decision) along with one set of supporting documents in one of the following forms: online, in person, via postal service, or through enterprises, organizations, or individuals sending workers abroad to the Managing Agency of the Fund. The documents include:

a) A copy of the contract termination document signed between the enterprise, organization, or individual sending workers abroad and the worker, specifying the reason for returning home early; or a notification from the employer terminating the contract with the worker due to the reasons mentioned above;

b) A copy of the health examination certificate of the worker or other documents proving the illness or injury condition certified by the healthcare authority of the host country;

c) A copy of the worker's passport;

d) An authorization letter (clearly stating the scope of authorization) or proof of legal representation according to regulations when the authorized person or legal representative submits the application.

In cases where the application is submitted through enterprises, organizations, or individuals sending workers abroad, the unit or individual prepares a list of workers requesting support along with the worker's documents and submits it to the Managing Agency of the Fund (Model attached as Appendix II of this Decision).

3. Within fifteen working days from the date of receiving complete documents as prescribed, the Managing Agency of the Fund checks and verifies the documents and implements support according to the worker's request. In cases where support is not provided, a written response with the reason must be given.

Article 11. Support for workers who must return to their home country before the deadline due to the employer abroad being dissolved, bankrupted, or reducing production due to natural disasters, epidemics, political instability, war, economic recession, or other force majeure reasons.

1. Level of support: from VND 7,000,000 to VND 20,000,000 per case.

2. Workers or persons authorized by workers or legal representatives of workers submit a request for support form (Model attached as Appendix I of this Decision) along with one set of supporting documents in one of the following forms: online, in person, via postal service, or through enterprises, organizations, or individuals sending workers abroad to the Managing Agency of the Fund. The documents include:

a) A copy of the contract termination document signed between the enterprise, organization, or individual sending workers abroad and the worker, clearly stating the reason for returning before the deadline; or a notification document from the employer; or a document from the Vietnamese representative office in the host country at the request of the worker to verify that the employer terminated the contract with the worker for the aforementioned reasons.

b) A copy of the worker's passport;

c) An authorization letter (clearly stating the scope of authorization) or proof of legal representation according to regulations when the authorized person or legal representative submits the application.

In cases where the application is submitted through enterprises, organizations, or individuals sending workers abroad, the unit or individual prepares a list of workers requesting support along with the worker's documents and submits it to the Managing Agency of the Fund (Model attached as Appendix II of this Decision).

3. Within fifteen working days from the date of receiving all required documents, the Fund Management Agency shall examine and cross-check the documents and provide support according to regulations. In cases where support is not provided, a written response must be given with clear reasons stated.

Article 12. Support for workers who must return to their home country before the deadline due to unilateral termination of the labor contract because of mistreatment, forced labor, or a clear and direct threat to life, health, or sexual harassment by the employer during work abroad.

1. Level of support: from VND 7,000,000 to VND 20,000,000 per case.

2. Workers or persons authorized by workers or legal representatives of workers submit a request for support form (Model attached as Appendix I of this Decision) along with one set of supporting documents in one of the following forms: online, in person, via postal service, or through enterprises, organizations, or individuals sending workers abroad to the Managing Agency of the Fund. The documents include:

a) A copy of the contract termination document signed between the enterprise, organization, or individual sending workers abroad and the worker, clearly stating the reason for returning before the deadline; or a document from the Vietnamese representative office in the host country at the request of the worker to verify the incident leading to the unilateral termination of the labor contract by the worker or a working record, incident report established by the competent authority in the host country.

b) A copy of the worker's passport;

c) An authorization letter (clearly stating the scope of authorization) or proof of legal representation according to regulations when the authorized person or legal representative submits the application.

In cases where the application is submitted through enterprises, organizations, or individuals sending workers abroad, the unit or individual prepares a list of workers requesting support along with the worker's documents and submits it to the Managing Agency of the Fund (Model attached as Appendix II of this Decision).

3. Within fifteen working days from the date of receiving all required documents, the Fund Management Agency shall examine and cross-check the documents and provide support according to regulations. In cases where support is not provided, a written response must be given with clear reasons stated.

Article 13. Support for resolving disputes arising in connection with workers engaged in overseas labor under contracts

1. Support workers for the costs of hiring lawyers, legal advice, and litigation fees to resolve disputes

a) The level of support is fifty percent of the cost of hiring a lawyer, legal consultation, and court fees, but not exceeding five million Vietnamese dong per case; in cases involving multiple workers, the maximum support amount is ten million Vietnamese dong per case.

b) Workers, representatives of groups of workers (for cases involving multiple workers), or persons authorized by the worker or legal representatives of the worker submit a support request letter (Model according to Appendix I issued together with this Decision) along with one set of proof documents in one of the following forms: online, in person, through postal service, or through the enterprise, organization, or individual sending workers abroad to the Fund Management Agency.

Documents include: A document from the competent authority in the host country regarding the acceptance of the complaint filing by the worker, legalized by the Vietnamese representative office in the host country; a copy of the contract for hiring a lawyer or legal consultant to protect the rights and interests of the worker when disputes arise with the employer; a copy of the worker's passport; a power of attorney (clearly stating the scope of authorization) or a document proving the right to act as a legal representative according to regulations in cases where the authorized person or legal representative submits the documents.

If the documents are submitted through the enterprise, organization, or individual sending workers abroad, the entity or individual must submit a support request letter along with the worker's documents to the Fund Management Agency.

Within five working days from the date of receiving all required documents, the Fund Management Agency shall examine and cross-check the documents and process the support, which is twenty-five percent of the value of the contract for hiring a lawyer or legal consultant, up to five million Vietnamese dong per case, and in cases involving multiple workers, up to ten million Vietnamese dong per case. In cases where support is not provided, a written response must be given with clear reasons stated.

c) After the conclusion of the case, the worker, representative of the group of workers, or the authorized person submits a request for support for the remaining expenses (Model according to Appendix I issued together with this Decision) along with one set of proof documents in one of the following forms: online, in person, through postal service, or through the enterprise, organization, or individual sending workers abroad to the Fund Management Agency.

Documentation includes: A copy of the settlement document for the contract for hiring lawyers and legal advisors or a payment request for remaining expenses; a copy of the financial invoice or receipt for payment, court fee receipt.

Within fifteen working days from the date of receiving all required documents, the Fund Management Agency shall examine and cross-check the documents and process the support for the remaining costs for the worker. In cases where support is not provided, a written response must be given with clear reasons stated.

2. Support for temporary accommodation for workers based on the decision of the competent authority during the resolution of labor contract disputes with the employer if the worker is not provided with accommodation.

a) The level of support is 100% of the actual costs based on invoices and receipts for renting accommodation for workers;

b) Based on the approved budget by the Ministry of Labor, Invalids, and Social Affairs, the contract signed between the assigned unit and the organization or individual providing accommodation for workers, and valid invoices and receipts, the Fund Management Agency shall submit to the Fund Management Board for a decision to provide support according to the law.

Article 14. Support for relatives of workers who die or go missing during work abroad

1. Level of support: 40,000,000 VND per case.

2. Representatives of the worker's relatives (father, mother, wife, husband, child, brother/sister/brother-in-law) or persons authorized by the worker's relatives or legal representatives of the worker's relatives submit a risk support request letter (Model according to Appendix I issued together with this Decision) along with one set of proof documents in one of the following forms: online, in person, through postal service, or through the enterprise, organization, or individual sending workers abroad to the Fund Management Agency. Documents include:

a) A copy of the death certificate of the worker or a document from the competent authority in Vietnam declaring the worker dead or missing during work abroad under the contract.

b) Documentation proving the familial relationship with the worker;

c) A power of attorney (clearly stating the scope of authorization) or a document proving the right to act as a legal representative according to regulations in cases where the authorized person of the worker's relatives or legal representatives of the worker's relatives submit the documents.

If the documents are submitted through the enterprise, organization, or individual sending workers abroad, the entity or individual must prepare a list of supported workers along with the worker's documents to submit to the Fund Management Agency (Model according to Appendix II issued together with this Decision).

3. Within fifteen working days from the date of receiving all required documents, the Fund Management Agency shall examine and cross-check the documents and provide support to the worker's relatives. In cases where support is not provided, a written response must be given with clear reasons stated.

Article 15. Support for vocational training and career transition for workers

Workers who must return to the country before the deadline specified in Article 10, Article 11, and Article 12 of this Decision and have a need for vocational training to change careers shall be supported with costs for training to improve their occupational skills to participate in the labor market and stabilize their lives as follows:

1. Level of support: 1,000,000 VND per month, maximum six months per person per course.

2. After completing the course, the worker or the person authorized by the worker or the legal representative of the worker shall submit the Application for Support Form (Model according to Appendix III issued together with this Decision) along with one set of documents proving eligibility through one of the following methods: online, in person, via postal service, or through the enterprise, organization, or individual that sent the worker abroad to the Fund Management Agency. The documents include:

a) A copy of the vocational training completion certificate or certification;

b) Receipts or payment vouchers for vocational training from the training institution.

c) An authorization letter (clearly stating the scope of authorization) or proof of legal representation according to regulations when the authorized person or legal representative submits the application.

In cases where the application is submitted through enterprises, organizations, or individuals sending workers abroad, the unit or individual prepares a list of workers requesting support along with the worker's documents and submits it to the Managing Agency of the Fund (Model attached as Appendix II of this Decision).

3. Within fifteen working days from the date of receiving complete documents as prescribed, the Fund Management Agency shall examine and verify the documents and process the support. In cases where support is not provided, a written response must be given stating the reasons.

Section 2. SUPPORT FOR ENTERPRISES PROVIDING SERVICES TO SEND VIETNAMESE WORKERS ABROAD UNDER CONTRACTS

Article 16. Principles of Support for Enterprises

1. Service enterprises are eligible for support as prescribed in this Decision if they fully contribute to the Fund.

2. An enterprise may receive support once per year for each market specified in Article 17 of this Decision.

3. The provisions stipulated in Article 18 of this Decision shall not apply in cases where enterprises send workers abroad in violation of the contracts signed with Vietnamese workers for sending them to work abroad, or in violation of the labor supply contracts approved by the Ministry of Labor, Invalids, and Social Affairs.

4. The support provided by the Fund shall not reduce, alter, or eliminate the rights and obligations of enterprises in implementing the provisions of the Law on Vietnamese Workers Going Abroad Under Contracts and other relevant laws.

Article 17. Support for Exploitation, Development, and Market Stability for Overseas Labor

1. Enterprises participating in activities to explore and develop new markets, expand and stabilize overseas labor markets, and participate in surveys and evaluations of markets currently accepting Vietnamese workers organized by the Ministry of Labor, Invalids, and Social Affairs and Vietnamese agencies abroad shall be supported with round-trip airfare for one employee of the enterprise based on actual expenses but not exceeding the economy class fare of the airline operating or jointly operating flights from Vietnam to the destination country or territory.

2. Within fifteen working days from the end of the business trip, the enterprise shall submit a request for support letter (Model according to Appendix IV issued together with this Decision) along with one set of supporting documents through one of the following methods: online, in person, or via postal service to the Fund Management Agency. The documents include:

a) A copy of the passport and boarding pass of the person on the business trip;

b) A copy of the financial invoice or receipt for purchasing the air ticket.

3. Within fifteen working days from the date of receiving complete documents as prescribed, the Fund Management Agency shall examine and verify the documents and process the support. In cases where support is not provided, a written response must be given stating the reasons.

Article 18. Support for Resolving Risks Related to Workers

1. Enterprises must send employees abroad at the request of competent authorities to resolve complex and serious incidents involving the lives, dignity, and legitimate property of workers, or serious incidents affecting the market and acceptance of Vietnamese workers to stabilize and develop the market, shall be supported with round-trip airfare for one employee of the enterprise based on actual expenses but not exceeding the economy class fare of the airline operating or jointly operating flights from Vietnam to the destination country or territory.

2. Within fifteen working days from the end of the business trip, the enterprise shall submit a request for support letter (Model according to Appendix IV issued together with this Decision) along with one set of supporting documents through one of the following methods: online, in person, or via postal service to the Fund Management Agency. The documents include:

a) A copy of the passport and boarding pass of the person on the business trip;

b) A copy of the financial invoice or receipt for purchasing the air ticket;

c) A document requesting the dispatch of an enterprise officer from the Vietnamese agency abroad or the Ministry of Labor, Invalids, and Social Affairs.

3. Within fifteen working days from the date of receiving complete documents as prescribed, the Fund Management Agency shall examine and verify the documents and process the support. In cases where support is not provided, a written response must be given stating the reasons.

Article 19. Support for Enterprise Costs to Transport Deceased Workers' Remains Back to Vietnam

1. Enterprises must transport the remains or ashes of workers who died during their work period abroad when the employer has gone bankrupt or is unable to pay the transportation costs and the worker's insurance does not cover the costs, shall be supported with fifty percent of the actual transportation costs for the remains or ashes of the worker from the country or territory where the worker worked back to Vietnam.

2. The enterprise shall submit a request for support letter (Model according to Appendix IV issued together with this Decision) along with one set of documents proving eligibility through one of the following methods: online, in person, or via postal service to the Fund Management Agency. The documents include:

a) A copy of the death certificate of the worker or a document from an authorized Vietnamese agency declaring the worker's death;

b) A copy of the document from the competent authority of the host country regarding the bankruptcy of the foreign employer or the declaration of bankruptcy by the foreign employer, legalized as required;

c) Price quotes for transporting the remains of the worker from three airlines operating or jointly operating flights from the country or territory where the worker worked back to Vietnam;

d) A copy of the financial invoice from the transportation company.

3. Within fifteen working days from the date of receiving complete documents as prescribed, the Fund Management Agency shall examine and verify the documents and process the support. In cases where support is not provided, a written response must be given stating the reasons.

Section 3. SUPPORT FOR ACTIVITIES DIRECTLY RELATED TO VIETNAMESE WORKERS GOING ABROAD UNDER CONTRACTS

||| Article 20. Principles of Support

The support provided by the Fund for activities directly related to Vietnamese workers going abroad under contracts as stipulated in this Decision shall only apply in cases where such activities are not funded from the state budget or from corporate financial resources.

||| Article 21. Support for Activities on Publicity, Legal Counseling, and Information on Foreign Labor Markets

||| 1. Content of Support

a) Organizing information dissemination and propaganda on foreign labor markets, policies, regulations, and laws of receiving countries, Vietnamese laws concerning workers going abroad, and support policies from the Fund for workers and their relatives;

b) Supporting the establishment and maintenance of the Fund's online information portal and an online overseas job exchange platform for workers interested in seeking employment abroad and finding jobs after returning home, implementing online contributions to the Fund and requesting support as prescribed in this Decision;

||| c) Supporting the establishment and operation of a telephone hotline for counseling workers on the dispatch of Vietnamese workers to work abroad under contracts;

||| d) Publishing printed or electronic publications providing necessary information about foreign labor markets for workers going abroad under contracts.

||| 2. The level of support is 100% of actual costs based on invoices and receipts from service providers.

||| 3. The Fund management body prepares budgets and implements support for activities in accordance with current laws on bidding, ordering, assigning tasks, and other relevant laws.

Section 4. ||| EXPENSES FOR FUND MANAGEMENT

||| Article 22. Contents of Expenditure

1. Expenditure for workers and managers including: salary, wages, remuneration, bonuses, allowances, and other payments of a wage nature, payments for contributions based on wages (social insurance, health insurance, unemployment insurance, trade union fees); rewards and welfare expenditures; other expenditures for officials, civil servants, employees, workers, and managers as prescribed by law.

2. Expenditure for management activities including: travel expenses, training costs; research and application of science and technology costs; information and propaganda costs; costs for party and mass organization activities; office supplies, file book costs; electricity, water, postal, and telecommunications costs; procurement of goods and services costs; conference, seminar, and training costs; transaction, external relations, and international cooperation costs; inspection and supervision costs; domestic and foreign expert consultancy costs; transportation costs and other management activity costs.

3. Investment construction, procurement, maintenance, and repair costs for assets; depreciation costs for fixed assets; asset rental and headquarters costs; liquidation costs for assets; procurement costs for tools and equipment; other costs for asset management and utilization; costs for applying information technology and building databases to serve management and operation of the Fund.

||| 4. Other expenditure as prescribed.

Article 23. Budget Levels

1. Based on financial conditions, the Fund may implement the self-management mechanism for salaries of public service units in the economic public service sector and other self-financing public service sectors; determine the salary levels paid to civil servants, employees, and workers; pay wages according to contractual matters (if applicable).

2. For expenditure items with established economic-technical norms and expenditure regulations prescribed by competent state agencies: based on actual requirements, current market prices in the area where the Fund's headquarters is located, and financial capacity, the Fund's Management Agency may decide on expenditure levels in accordance with internal expenditure regulations of the unit and be responsible for ensuring service quality standards as prescribed.

3. For expenditure items without prescribed expenditure levels by competent state agencies: based on actual circumstances, the Fund shall establish appropriate expenditure levels and specify them in the internal expenditure regulations of the Fund and be responsible for its decisions.

Chapter V
IMPLEMENTATION

Article 24. Responsibilities of Agencies and Organizations

1. Responsibilities of the Ministry of Labor - Invalids and Social Affairs

a) Aggregate and submit to the Ministry of Finance the annual financial plan, implementation status of the financial plan, and final accounts of income and expenditure of the Fund in accordance with laws on state budget and accounting;

b) Guide, direct, inspect, and supervise the Fund's activities in accordance with the law;

c) Take the lead and coordinate with the Ministry of Finance to report to the Government to explain to the National Assembly when required.

2. Responsibilities of the Ministry of Finance

a) Inspect and supervise the management and use of the Fund in accordance with the law;

b) Coordinate with the Ministry of Labor - Invalids and Social Affairs to report to the Government to explain to the National Assembly when required.

3. Responsibilities of the specialized agency on labor under the provincial People's Committee

Provide information and guide workers about the support policies of the Fund, rights and obligations of workers going abroad under contracts towards the Overseas Employment Support Fund.

4. Responsibilities of Vietnamese representative offices abroad

a) Provide information and guide workers to access, contribute, and complete procedures to receive support from the Fund during their work abroad;

b) Verify documents as requested by workers within the scope, functions, and authority of Vietnamese representative offices abroad.

5. Enterprises, organizations, and individuals sending Vietnamese workers to work abroad under contracts

a) Collect and remit the Fund contribution of workers in accordance with Clause 2, Article 8 of this Decision;

b) Inform, guide, and assist workers to fulfill their contribution obligations and complete support procedures from the Fund as prescribed in this Decision.

Article 25. Transitional Provisions

1. The balance at the end of December 31, 2021 of the Overseas Employment Support Fund established by Decision No. 144/2007/QĐ-TTg dated August 31, 2007 of the Prime Minister shall be transferred to the Fund established by this Decision for continued use in accordance with this Decision.

2. In cases where enterprises have collected or have not yet fully collected service fees from workers before the effective date of this Decision and have not contributed to the Fund, they shall continue to collect full service fees, make contributions, and settle the Fund in accordance with Decision No. 144/2007/QĐ-TTg within six months from the effective date of this Decision.

3. Cases eligible for support and the use of the Fund under Decision No. 144/2007/QĐ-TTg dated August 31, 2007 of the Prime Minister arising before the effective date of this Decision but have not yet completed procedures at the Fund or have not received support shall be handled in accordance with Decision No. 144/2007/QĐ-TTg.

Article 26. Effective date

1. This Decision takes effect from February 21, 2022.

2. Decision No. 144/2007/QĐ-TTg dated August 31, 2007 of the Prime Minister on the establishment, management, and use of the Overseas Employment Support Fund ceases to be effective from the date this Decision comes into force.

3. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decision.

 

 

ANNEX I

On risk support during work abroad

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR EXCHANGE

Respected: Management Agency of the Overseas Employment Support Fund.

Name of worker: …Gender: …

Passport number/Identity card number: …Issuing authority: …Date of issue: …

Enterprise or organization sending abroad: …

Country of employment: …

Contract duration (number of months): …, from …/…/…… to …/…/……

Duration of work abroad (number of months): …, from …/…/…… to …/…/……

Period of work abroad (in months): ..., from date .../.../...... to date .../.../......

Date of return to the country: …/…/……                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

Reason and content of support: ...

…………………………………………………………………………………………………………..

Form of receiving financial support:

(Only fill out this section if the applicant is authorized by the worker, the legal representative of the worker, or a relative of the deceased or missing worker)

Name of the authorized person/Legal representative/Relative of the deceased or missing worker: ...

Relationship with the worker (wife, husband, child, father, mother, etc.): ...

Permanent Resident Registration: …

Citizen Identification Number: ...Issuing authority: ...Date of issue: .../.../......

 

 

ANNEX II

On risk support during work abroad

 

Name of worker: …Gender: …

 

 

 

ANNEX III

On risk support during work abroad

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR EXCHANGE

Regarding support for vocational training costs at the primary level

Name of worker: …Gender: …

Passport number/Identity card number: …Issuing authority: …Date of issue: …

Enterprise or organization sending abroad: …

Permanent Resident Registration: …

Country of employment: …

Contract duration (number of months): …, from …/…/…… to …/…/……

Date of return to the country: .../.../......

Reason for returning before the scheduled time: ...

Request the Overseas Employment Support Fund Management Authority to provide support for vocational training costs ...at the vocational training institution .... Training period: ....

Vocational training fees payable to the vocational training institution: ...

(Attached documents)

Form of receiving financial support:

(Only fill out this section if the applicant is authorized by the worker or the legal representative of the worker)

Name of the authorized person/Legal representative: ...

Relationship with the worker (wife, husband, child, father, mother, etc.): ...

Permanent Resident Registration: …

Citizen Identification Number: ...Issuing authority: ...Date of issue: .../.../......

 

 

ANNEX IV

On risk support during work abroad

 

 

Name of worker: …Gender: …

Pursuant to Clause...Article...Decision No...on the Overseas Employment Support Fund, Company...requests the Fund Management Authority to provide specific support as follows:

Content of support: ...

Person on business trip: ...... Passport number/Identity code: .....

Country of business trip: ......

Purpose of business trip: ......

Attached documents:

- ….

- ….

Request the Overseas Employment Support Fund Management Authority to consider and approve the support for Company in the amount of:...to be transferred to the company's bank account as detailed below:

- Company's account name:

- Account number:

- At Bank: