Decision No. 61/2008/QD-BLDTBXH stipulates the maximum amount of recruitment fees that workers must repay to enterprises in certain markets for enterprises sending workers abroad under contracts. This decision replaces previous decisions and takes effect from the date of publication in the Official Gazette.
적용 범위
Enterprises engaged in services of sending Vietnamese workers to work abroad under contracts.
핵심 사항
- Enterprises must collect recruitment fees once before workers depart to work abroad, with the maximum amount specified in the attached Appendix.
- Workers and enterprises must specifically agree on the recruitment fee based on the maximum amount prescribed.
- The recruitment fee must be clearly stated in the contract for sending workers to work abroad.
- Collection, management, and use of recruitment fees shall be carried out in accordance with Circular Joint Circular No. 16/2007/TTLT-BLDTBXH-BTC.
- The Department of Overseas Labor Management is responsible for guiding and inspecting the implementation of this decision.
🌐 이 문서의 사회적 영향
- Enterprises must comply with the maximum recruitment fee regulations to reduce financial burdens on workers.
- Workers can better understand the fees they need to repay and avoid being overcharged.
❓ 자주 묻는 질문
What is the maximum recruitment fee?
The maximum recruitment fee is specified in the Appendix attached to this Decision, but specific amounts are not provided in the text.
When must workers repay the recruitment fee?
Workers must repay the recruitment fee once before departing to work abroad under the contract.
How can enterprises negotiate the specific recruitment fee?
Enterprises and workers will negotiate the specific recruitment fee based on the maximum amount prescribed in this Decision.
How must the recruitment fee be clearly stated in the contract?
The recruitment fee that workers must repay to enterprises (if applicable) must be clearly stated in the contract for sending workers to work abroad.
How will the Department of Overseas Labor Management handle violations?
The Department of Overseas Labor Management is responsible for guiding, inspecting, and handling violations according to the provisions of the law.
전문
Pursuant to …;
REGARDING THE AMOUNT OF BROKERAGE FEES PAID BY WORKERS TO ENTERPRISES IN CERTAIN MARKETS for enterprises in certain markets
____________________________
MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
WHEREAS Law on Vietnamese Workers Going to Work Abroad under Contracts No. 72/2006/QH11 dated November 29, 2006 of the National Assembly, 10th Session;
WHEREAS Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
WHEREAS Circular Joint Circular No. 16/2007/TTLT-BLĐTBXH-BTC dated September 4, 2007 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance, detailing regulations on brokerage fees and service charges in the activity of sending Vietnamese workers to work abroad under contracts;.
AT THE REQUEST OF THE DIRECTOR OF THE OVERSEAS LABOR MANAGEMENT AGENCY,
DECISION:
Article 1. ATTACHED HERETO IS THE REGULATION ON THE MAXIMUM AMOUNT OF BROKERAGE FEES THAT VIETNAMESE WORKERS SHALL PAY TO ENTERPRISES ENGAGED IN SERVICES FOR SENDING VIETNAMESE WORKERS TO WORK ABROAD UNDER CONTRACTS (HEREINAFTER REFERRED TO AS ENTERPRISES) IN CERTAIN MARKETS ACCOMPANIED BY THE ANNEX.
Article 2. BASED ON THE MAXIMUM AMOUNT OF BROKERAGE FEES FOR VIETNAMESE WORKERS TO PAY TO ENTERPRISES AS PROVIDED FOR IN THIS DECISION, ENTERPRISES SHALL NEGOTIATE WITH WORKERS THE SPECIFIC AMOUNT OF BROKERAGE FEES THAT WORKERS SHALL PAY TO ENTERPRISES.
Article 3. THE AMOUNT OF BROKERAGE FEES THAT WORKERS SHALL PAY TO ENTERPRISES (IF ANY) MUST BE CLEARLY STATED IN THE CONTRACT FOR SENDING WORKERS TO WORK ABROAD AND ENTERPRISES ARE PERMITTED TO COLLECT ONCE BEFORE THE WORKER DEPARTS THE COUNTRY TO WORK ABROAD.
Article 4. THE COLLECTION, MANAGEMENT, AND USE OF BROKERAGE FEES THAT WORKERS PAY TO ENTERPRISES SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF JOINT CIRCULAR No. 16/2007/TTLT-BLĐTBXH-BTC dated September 4, 2007 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance, detailing specific regulations on brokerage fees and service charges in the activity of sending Vietnamese workers to work abroad under contracts.
Article 5. THE OVERSEAS LABOR MANAGEMENT AGENCY SHALL BE RESPONSIBLE FOR GUIDING, INSPECTING THE IMPLEMENTATION OF THIS DECISION BY ENTERPRISES AND HANDLING VIOLATIONS IN ACCORDANCE WITH THE PROVISIONS OF THE LAW.
Article 6. THIS DECISION REPLACES Decision No. 05/2007/QĐ-BLĐTBXH dated January 17, 2007 of the Minister of Labor, War Invalids and Social Affairs on the amount of brokerage fees for exporting labor in certain markets, which shall take effect 15 days after its publication in the Official Gazette and apply to contracts registered with the Overseas Labor Management Agency from the date this Decision takes effect.
Article 7. THE HEAD OF THE MINISTRY’S OFFICE, THE DIRECTOR OF THE OVERSEAS LABOR MANAGEMENT AGENCY, THE DIRECTOR OF THE PLANNING AND FINANCE DEPARTMENT, THE DIRECTORS OF ENTERPRISES ENGAGED IN SERVICES FOR SENDING WORKERS TO WORK ABROAD, AND THE HEADS OF RELATED UNITS SHALL BE RESPONSIBLE FOR ENFORCING THIS DECISION./.
DEPUTY MINISTER
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