Chapter IV
DEPOSIT AND MANAGEMENT, USE THEREOF OF ENTERPRISE
Section 1. DEPOSIT OF SERVICE ENTERPRISE
Article 23. Deposit
1. The enterprise shall make a deposit of VND 2.000.000.000 at a bank or foreign bank branch established and legally operated in Vietnam (hereinafter referred to as “custodian bank”).
2. The service enterprise assigning its branches to provide Vietnamese guest worker service shall make an additional deposit of VND 500.000.000 for each branch.
Article 24. Deposit management
1. The enterprise and the custodian bank shall sign a deposit contract that specifies contents, including name, code, address, legal representative of the enterprise; name, address, legal representative of the custodian bank; deposit; deposit purpose; interest rate of deposit as agreed; interest payment form; deposit use; deposit withdrawal; closure of deposit account; responsibilities of related parties, and other contents in accordance with regulations of the law.
2. The custodian bank shall make a written certification of deposit of the enterprise using Form No. 03 under Appendix I attached to this Decree;
3. The deposit shall be frozen by the custodian bank in accordance with regulations of the law.
Article 25. Deposit use
1. The deposit may only be used upon written request made by the Ministry of Labor, War Invalids and Social Affairs in the following cases:
a) The service enterprise does not fulfil or fully fulfil the obligations specified in Points c, dd and h, Clause 2, Article 26 of the Law on Vietnamese Guest Workers.
b) The deposit is used upon request made by the competent authority so as to comply with regulations in Points e and g Clause 2 Article 26 of the Law on Vietnamese Guest Workers;
c) The service enterprise does not fulfil or fully fulfil other obligations in provision of Vietnamese guest worker service.
2. After 30 days from the date in which the deposit is used, if the service enterprise does not return the used deposit and ensure the deposit according to regulations, the custodian bank shall be responsible for notifying in writing the Ministry of Labor, War Invalids and Social Affairs.
3. The enterprise may take back its deposit in the following cases:
a) The enterprise does not submit the application for issuance of the license for provision of Vietnamese guest worker service:
The enterprise shall submit 02 authentic copies of the deposit certificate to the custodian bank in order to take back its deposit.
b) The enterprise is not issued with a license for provision of Vietnamese guest worker service or the enterprise has deposited in another account and requested closure of the account that the enterprise has previously made its deposit or the service enterprise has been dissolved according to regulations of the law:
The Ministry of Labor, War Invalids and Social Affairs shall request in writing the custodian bank to return the deposit to the enterprise.
c) The enterprise fulfils all obligations in provision of Vietnamese guest worker service after returning its license or having its license revoked:
The enterprise shall send a report enclosed with documents proving the fulfillment of the obligations specified in Clause 1, Article 27 of the Law on Vietnamese Guest Workers and full contribution to the Overseas Employment Support Fund to the Ministry of Labor, War Invalids and Social Affairs. Within 15 days from the date of receipt of the report, the Ministry of Labor, War Invalids and Social Affairs shall request in writing the custodian bank to return the deposit to the enterprise. In case of disapproval, the Ministry of Labor, War Invalids and Social Affairs shall reply in writing and clearly state reasons.
d) The service enterprise terminates assignment of provision of Vietnamese guest worker service to its branches or these branches terminate provision of Vietnamese guest worker service:
The service enterprise shall send a report on termination of assignment to its branches or their termination to the Ministry of Labor, War Invalids and Social Affairs. Within 05 working days from the date of receipt of the report, the Ministry of Labor, War Invalids and Social Affairs shall request in writing the custodian bank to return the deposit that the enterprise has made for each branch.
Section 2. Deposit of Vietnamese enterprise sending Vietnamese workers abroad for training, improvement and enhancement.
Article 26. Deposit
1. The enterprise shall make a deposit at a bank or foreign bank branch established and legally operated in Vietnam (hereinafter referred to as “custodian bank”).
2. The deposit is equal to 10% of the value of a one-way flight ticket (economy class) from the workplace to Vietnam, multiplied by the number of guest workers under the contract for receiving intern workers.
Article 27. Deposit management
1. The enterprise and the custodian bank shall sign a deposit contract that specifies contents, including name, code, address, legal representative of the enterprise; name, address, legal representative of the custodian bank; deposit; deposit purpose; interest rate of deposit; interest payment form; deposit use; deposit withdrawal; closure of deposit account; responsibilities of related parties, and other contents in accordance with regulations of the law.
2. The custodian bank shall make a written certification of the deposit of the enterprise using Form No. 11 under Appendix I attached to this Decree;
3. The deposit shall be frozen by the custodian bank in accordance with regulations of the law.
Article 28. Deposit use
1. The deposit is used to secure the obligations of the enterprise specified in Points dd, h, k and m, Clause 2, Article 41 of the Law on Vietnamese Guest Workers and may only be used upon written request made by the Ministry of Labor, War Invalids and Social Affairs (for vocational training contracts for overseas training, improvement and enhancement with a period of 90 days or more) or according to the document made by the labor authority under the People's Committee of province where the headquarter of the enterprise is located (for vocational training contracts for overseas training, improvement and enhancement with a period of less than 90 days).
2. After 30 days from the date in which the deposit is used, if the enterprise does not return the used deposit and ensure the deposit according to regulations, the custodian bank shall be responsible for notifying in writing the Ministry of Labor, War Invalids and Social Affairs (for vocational training contracts for overseas training, improvement and enhancement with a period of 90 days or more) or the labor authority under the People's Committee of province where the headquarter of the enterprise is located (for vocational training contracts for overseas training, improvement and enhancement with a period of less than 90 days).
3. Within 05 working days from the date of receipt of the enterprise's report on liquidation of the contract for overseas vocational training with workers enclosed with proving documents, the Ministry of Labor, War Invalids and Social Affairs (for vocational training contracts for overseas training, improvement and enhancement with a period of 90 days or more) or the labor authority under the People's Committee of province where the headquarter of the enterprise is located (for vocational training contracts for overseas training, improvement and enhancement with a period of less than 90 days) shall request in writing the custodian bank to return the deposit to the enterprise.
Tìm kiếm
Nghị định 112/2021/NĐ-CP (Bản Word)
Nghị định 112/2021/NĐ-CP (Bản Pdf)
