Circular will be issued regulating the ceiling of deposit of employees
The Department of Overseas Labor Management (Ministry of Labor, War Invalids and Social Affairs) said it has developed a Circular stipulating the form and content of Labor Supply Contracts, Contracts for sending workers to work abroad, and a Circular stipulating the ceiling for workers' deposits.
According to the Department of Overseas Labor Management, since the Law on Vietnamese Workers Working Abroad under Contracts was promulgated in 2006, Vietnam has not had general regulations on labor supply contracts and contracts for sending workers to work abroad. Vietnamese enterprises operating in this field rely on practical operations and contract templates provided by partners or refer to other enterprises to set their own criteria and contract conditions. This leads to inconsistencies between contracts, giving rise to unnecessary disputes between Vietnamese service enterprises and foreign partners as well as between service enterprises and workers.
Regarding deposits, before the Law on Vietnamese Workers Working Abroad was promulgated, deposits by workers were made in accordance with the provisions of Circular No. 107/2003 - TTLT - BTC - BLDTBXH dated November 7, 2003 guiding the implementation of financial regimes for workers and service enterprises sending workers to work abroad for a limited period of time according to the provisions of Decree No. 81/2003/ND-CP dated July 17, 2003 (then called deposits). According to the provisions of this Circular, in addition to collecting deposits at the level in the Circular, if the enterprises consider that the prescribed deposits are not enough to make compensation, they can negotiate with the workers on deposit measures to ensure contract performance. This deposit agreement complies with the provisions of the Civil Code, so in some markets such as Korea, Japan, etc., businesses have introduced many different forms of deposits such as keeping land ownership certificates, keeping valuable papers with very different values, leading to questions from the people, and difficulties in using and managing workers' deposits.
Therefore, in order to implement the provisions of Article 17 and Article 23 of the Law on Vietnamese Workers Working Abroad under Contract, the Department of Overseas Labor Management has developed a Circular stipulating the form and content of the Labor Supply Contract, the Contract for Sending Workers to Work Abroad and a Circular stipulating the ceiling for workers' deposits.
According to (CPV) – LH