Chapter V
TOP LIMIT OF DEPOSIT, MANAGEMENT, USE AND RETURN OF DEPOSIT OF WORKERS
Section 1. Deposit paid by workers to service enterprises
Article 29. Top limit of deposit of workers
The service enterprise and the workers shall reach agreement on the custodian bank and the making of deposit in which the deposit does not exceed the top limit specified in Appendix II issued with this Decree and it must be clearly stated in the contract for provision of Vietnamese guest worker service.
Article 30. Deposit making
1. The worker, the service enterprise and the custodian bank shall agree to sign a deposit contract to fulfil the obligations in the contract for provision of Vietnamese guest worker service, specifying name, passport number/ID card number and address of the worker; name, address, legal representative of the custodian bank; name, code, address, legal representative of the enterprise; 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 deposit shall be only made after the service enterprise and the worker sign a contract for provision of Vietnamese guest worker service and the worker has been accepted to work by the receiving country or issued with a visa for entry into the receiving country or territory.
Article 31. Deposit management and use
1. The deposit of the worker shall be used to pay for damage arising due to his/her faults to the service enterprise according to the contract for provision of Vietnamese guest worker service
2. The service enterprise and the worker or the person authorized by the worker shall agree on compensation for damage arising due to worker’s faults and record it in the contract liquidation document.
Article 32. Deposit return
1. The deposit shall be returned in the following cases
a) The worker completes the contract or terminates the contract for provision of Vietnamese guest worker service by the deadline and does not cause any damage to the enterprise; the worker unilaterally terminates the contract for provision of Vietnamese guest worker service according to regulations in Point dd, Clause 1, Article 6 of the Law on Vietnamese Guest Workers;
b) The worker has paid a deposit but the enterprise fails to send the worker to work abroad within the period as committed or after the exit pending period and the worker no longer needs to work abroad;
c) The worker does not cause any damage to the enterprise;
d) The remaining deposit shall be returned after the compensation for damage arising due to worker’s faults to the enterprise under the contract for provision of Vietnamese guest worker service is paid.
2. Deposit return procedures
a) In cases mentioned in Points a, b and c, Clause 1 of this Article, according to the document on liquidation of the contract for provision of Vietnamese guest worker service, the custodian bank shall return the deposit (including both principle and interest) to the worker or the person authorized by the worker;
b) In the case mentioned in Point d, Clause 1 of this Article, the custodian bank shall return the deposit to the worker (including principle and interest) according to the document on liquidation of the contract for provision of Vietnamese guest worker service or the legally effective decision on complaint settlement or the successful mediation record or the effective decision made by the Court.
3. In case the service enterprise does not carry out procedures so that the worker may take back his/her deposit according to regulations or does not reach an agreement with the worker as prescribed in Clause 2, Article 31 of this Decree, the worker has the right to request in writing to the Ministry of Labor, War Invalids and Social Affairs to reach resolution according to procedures for resolution to complaints or institution of legal proceedings according to regulations of the law.
4. In case the enterprise transfers rights and obligations to an another enterprise issued with license as prescribed in Clause 3, Article 28 or Point a, Clause 3, Article 29 of the Law on Vietnamese Guest Workers, the transferee shall be responsible for liquidating the contract for provision of Vietnamese guest worker service so that the worker can take back his/her deposit.
5. In case the enterprise goes bankrupt and hands over dossiers to the Ministry of Labor, War Invalids and Social Affairs according to regulations in Point b, Clause 3, Article 29 of the Law on Vietnamese Guest Workers, the Ministry of Labor - War Invalids and Social Affairs shall send a document on return of the deposit to the worker to the custodian bank.
Section 2. Deposit paid by workers to service providers
Article 33. Deposit method
1. Service providers and workers shall agree on deposit methods in accordance with international agreements specified in Clause 1, Article 42 of the Law on Vietnamese Guest Workers.
2. In case international agreements do not contain regulations on deposit methods, service providers and workers shall agree on making deposit according to regulations of the civil law but the value does not exceed the top limit of deposit specified in Appendix II issued with this Decree.
Article 34. Deposit making
1. The worker, the service provider and the custodian bank shall agree to sign a deposit contract to fulfil the obligations in the contract for provision of Vietnamese guest worker service, specifying name, passport number/ID card number and address of the worker; name, address, legal representative of the custodian bank; name, address, legal representative of the service provider; deposit value; deposit purpose; interest rate of deposit; interest payment form (in case of cash deposit); deposit use; deposit return; responsibilities of related parties and other contents in accordance with regulations of the law.
2. The deposit shall be only made after the service provider and the worker sign a contract for provision of Vietnamese guest worker service and the worker has been accepted to work by the receiving country or issued with a visa.
Article 35. Deposited asset management and use
1. Deposited assets of the worker shall be used to pay for damage arising due to his/her faults to the service provider according to the contract for provision of Vietnamese guest worker service.
2. The service provider and the workers or the person authorized by the worker shall agree on compensation for damage arising due to worker’s faults and record it in the contract liquidation document.
Article 36. Deposit return
1. The deposit shall be returned in the following cases
a) The worker completes the contract or terminates the contract for provision of Vietnamese guest worker service by the deadline and does not cause any damage to the service provider; the worker unilaterally terminates the contract for provision of Vietnamese guest worker service according to regulations in Point dd, Clause 1, Article 6 of the Law on Vietnamese Guest Workers;
b) The worker has made the deposit but the service provider fails to send him/her to work abroad;
c) The worker does not cause any damage to the service provider;
d) The deposit shall be returned to the worker after he/she has paid compensation for damage arising due to his/her faults to the service provider under the contract for provision of Vietnamese guest worker service.
2. Deposit return procedures
a) In cases mentioned in Points a, b and c, Clause 1 of this Article, according to the document on liquidation of the contract for provision of Vietnamese guest worker service, the custodian bank shall return the deposit (including both principle and interest) to the worker or the person authorized by the worker;
b) In the case mentioned in Point d, Clause 1 of this Article, the custodian bank shall return the deposit to the worker (including principle and interest in case of cash deposit) according to the document on liquidation of the contract for provision of Vietnamese guest worker service or the legally effective decision on complaint settlement or the successful mediation record or the effective decision made by the Court.
3. In case the service enterprise does not carry out procedures so that the worker may take back his/her deposit or does not reach an agreement with the worker as prescribed in Clause 2, Article 35, the worker has the right to request in writing to the governing body of the service provider to reach resolution according to procedures for resolution to complaints or institution of legal proceedings according to regulations of the law.
Tìm kiếm
Nghị định 112/2021/NĐ-CP (Bản Word)
Nghị định 112/2021/NĐ-CP (Bản Pdf)
