CIRCULAR

PROVIDING FOR THE CEILING LEVEL OF DEPOSIT AND LABOR MARKETS IN WHICH SERVICE ENTERPRISES PERMITTED MAKING AGREEMENT ABOUT THE DEPOSITING WITH LABORERS

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

Pursuant to Article 23 of Law on Vietnamese laborers going abroad for working under the labor contract, dated November 29, 2006;

At the request of Director of the Department of Overseas Labor Administration;

The Minister of Labor, Invalids and Social Affairs promulgates the Circular providing for the ceiling level of deposit and labor markets in which service enterprises permitted making agreement about the depositing with laborers going abroad for working under the labor contract.

Article 1. Scope of regulation

This Circular provides for the ceiling level of deposit and labor markets in which enterprises providing service of putting Vietnamese laborers going abroad for working permitted making agreement about the depositing with laborers going abroad for working under the labor contract.

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1. Service enterprises licensed for providing service of putting Vietnamese laborers going abroad for working under the labor contract (hereinafter collectively referred to as service enterprises).

2. Vietnamese laborers going abroad for working under the contract of putting laborers going abroad for working signed with service enterprises (hereinafter collectively referred to as laborers).

Article 3. Principles of the depositing  

Laborers and service enterprises shall agree about the depositing according to trades, countries receiving laborers with a deposit not exceeding the ceiling level of deposit specified in this Circular.

Article 4. The ceiling level of deposit and labor markets permitted making agreement about the depositing

1. The labor market in which service enterprises permitted making agreement about the depositing with laborers and the ceiling level of deposit of laborers at some labor markets shall comply with Annex No.01 promulgated together with this Circular.

2. In case laborers fail to conduct the depositing or have not enough money for the depositing, service enterprises may agree with laborers to conduct guarantee as prescribed in the Joint Circular No. 08/2007/TTLT-BLDTBXH-BTP dated July 11, 2007 of the Inter-Ministries of Labor, Invalids and Social Affairs and the Ministry of Justice, guiding in details some issues about content of guarantee contract and liquidation of contracts guaranteeing for laborers going abroad for working under the contract.

Article 5. Management and use of deposit

The management and use of deposit of laborers shall comply with provisions in the Joint Circular No. 17/2007/TTLT-BLDTBXH-NHNNVN dated September 04, 2007 of the Ministry of Labor, Invalids and Social Affairs and the State bank of Vietnam, providing for the management and use of deposit of enterprises and laborers going abroad for working under contract.

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Service enterprises shall report periodically, irregularly (as requested) about situation of implementation, management and use of deposits of laborers and send, to the Department of Overseas Labor Administration, reports made according to the form in Annex No. 02 promulgated together with this Circular before June 20 and December 20 annually.

Article 7. Transitional provisions

Agreements between service enterprises and laborers about deposit at labor markets performed before the effective date of this Circular shall be continued implementing until such agreements about deposit are invalidated.

Article 8. Organization of implementation

1. Service enterprises and laborers shall implement in accordance with this Circular.

2. The Department of Overseas Labor Administration, inspectorate of the Ministry of Labor, Invalids and Social Affairs, Departments of Labor, Invalids and Social Affairs of provinces, central-affiliated cities, and other relevant agencies shall examine, supervise and urge implementation of enterprises

3. This Circular takes effect on December 01, 2013.

4. In the course of implementation, any arising problems should be reported to the Ministry of Labor, Invalids and Social Affairs for timely guide and supplementation.

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FOR THE MINISTER OF LABOR, INVALIDS AND SOCIAL AFFAIRS
DEPUTY MINISTER




Nguyen Thanh Hoa

ANNEX NO. 01

THE CEILING LEVELS OF DEPOSIT WHICH ENTERPRISES ARE PERMITTED MAKING AGREEMENTS ABOUT THE DEPOSITING WITH LABORERS AT SOME LABOR MARKETS (Enclosed with the Circular No.21/2013/TT-BLDTBXH dated October 10, 2013, of the Ministry of Labor, Invalids and Social Affairs)

No.

MARKET

TRADES

THE CEILING LEVELS OF DEPOSIT

1

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Worker in plants, construction workers

1,000 USD

Domestic workers, caring healthy

800 USD

Crew of offshore fishing ships

900 USD

Other trades

1,000 USD

2

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...

All trades

300 USD

3

JAPAN

Interns

3,000 USD

Crew on offshore, near-shore fishing ships and transport ships

1,500 USD

4

...

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...

Crew on fishing ships (near shore)

3,000 USD

Crew on fishing ships (offshore)

1,500 USD

Labor with yellow card, Visa E-7

3,000 USD

5

BRUNEI

All trades

...

...

...

6

KINGDOM OF THAILAND

All trades

300 USD

7

LAO PEOPLE'S DEMOCRATIC REPUBLIC

All trades

300 USD

8

...

...

...

All trades

500 USD

9

REPUBLIC OF INDIA

All trades

600 USD

10

MALDIVES

All trades

...

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11

COUNTRIES IN MIDDLE EAST REGION (SAUDI ARABIA, UAE, KUWAIT, BARHAIN, OMAN, JORDAN, CATA, IRAN, IRAQ, LEBANON, ISRAEL, PALESTINE, YEMEN)

All trades

800 USD

12

AFRICAN COUNTRIES

All trades

1,000 USD

13

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...

All trades

2,000 USD

14

REPUBLIC OF ITALIA

All trades

2,000 USD

15

REPUBLIC OF FINLAND

All trades

...

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16

KINGDOM OF SWEDEN

All trades

2,000 USD

17

KINGDOM OF ENGLAND

All trades

2,000 USD

18

...

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...

All trades

2,000 USD

19

KINGDOM OF DENMARK

All trades

2,000 USD

20

PORTUGAL

All trades

...

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21

REPUBLIC OF MALTA

All trades

1,500 USD

22

REPUBLIC OF CZECH

All trades

1,500 USD

23

...

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...

All trades

1,500 USD

24

REPUBLIC OF BALAN

All trades

1,500 USD

25

REPUBLIC OF TURKEY

All trades

...

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...

26

REPUBLIC OF BUNGARIA

All trades

1,000 USD

27

REPUBLIC OF RUMALIA

All trades

1,000 USD

28

...

...

...

All trades

1,000 USD

29

REPUBLIC OF LATVIA

All trades

1,000 USD

30

REPUBLIC OF CYPRUS AND THE REPUBLIC OF NORTHERN CYPRUS

All trades

...

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31

RUSSIAN FEDERATION

All trades

1,000 USD

32

BELARUSIA

All trades

1,000 USD

33

...

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...

All trades

2,000 USD

34

OTHER COUNTRIES

All trades

Equal to value of one-direction flight ticket from the working place back to Vietnam

ANNEX NO. 02

 (Enclosed with the Circular No.21/2013/TT-BLDTBXH dated October 10, 2013, of the Ministry of Labor, Invalids and Social Affairs)

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Address:

Telephone:             Facsimile:

Contact level:

REPORT

IMPLEMENTATION, MANAGEMENT AND USE OF DEPOSIT OF LABORERS GOING ABROAD FOR WORKING
From 20^th day of month …….. year ……… to  20^th day of month …….. year ……….

Respectfully to: The Department of Overseas Labor Administration

No.

Labor market

Number of laborers conducting deposit

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Management and use of deposit

Note

Name of the depositing bank

Account number of the depositing

The managed amounts of depositing at time  beginning of period

The amounts of deposit which have been returned in the period

The balance of deposits which are managed  at the closing time of period

1

Taiwan

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…

…

…

…

…

2

Japan

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3

Korea

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4

…….

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5

…….

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6

…….

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Total

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…………….

…………….

…………….

The maker
(full name)

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Thông tư 21/2013/TT-BLĐTBXH quy định mức trần tiền ký quỹ và thị trường lao động mà Doanh nghiệp dịch vụ được thỏa thuận ký quỹ với người lao động do Bộ trưởng Bộ Lao động - Thương binh và Xã hội ban hành