Decision No. 61/2008/QD-BLDTBXH dated August 12, 2008 amounts of brokerage fees paid by employees to enterprises in a number of markets

DECISION

AMOUNTS OF BROKERAGE FEES PAID BY EMPLOYEES TO ENTERPRISES IN A NUMBER OF MARKETS

MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

Pursuant to the Law on Vietnamese employees working abroad under employment contracts No. 72/2006/QH11 dated November 29, 2006 of the 10th plenum of the XI-tenure National Assembly; 

Pursuant to the Government's Decree No. 186/2007/ND-CP dated December 25, 2007 defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to the Joint Circular No. 16/2007/TTLT-BLDTBXH-BTC dated September 4, 2007 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance, elaborating on the amount of brokerage fee and the charge paid for sending Vietnamese workers to work abroad under contracts;

Upon the request of the Director of the Agency of Overseas Labour,

HEREBY DECIDES

Article 1. The regulation on the maximum amounts of brokerage fees paid by employees to enterprises sending Vietnamese employees to work abroad under contracts (hereinafter referred to enterprise) in certain markets specified in the enclosed Appendix. 

Article 2. Based on the maximum amounts of brokerage fees that employees pay enterprises as provided in this Decision, enterprises shall agree with employees on the specific amounts of brokerage fees that employees have to pay enterprises.

Article 3. The amounts of brokerage fees that employees have to pay to enterprises (if any) must be clearly defined in contracts for sending employees to work abroad and can be collected on a one-off basis by enterprises before employees complete exit procedures.

Article 4. Payment, management and use of the amounts of brokerage fees that employees have to pay enterprises shall be subject to the Joint Circular No. 16/2007/TTLT-BLDTBXH-BTC dated September 4, 2007 of the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance, elaborating on the amount of brokerage fee and the charge paid for sending Vietnamese workers to work abroad under contracts.

Article 5. The Agency of Overseas Labor shall be responsible for providing enterprises with guidance on and inspecting their implementation of this Decision as well as imposing penalties for any violation prescribed by laws.

Article 6. This Decision shall replace the Decision No. 05/2007/QD-BLDTBXH dated January 17, 2007 of the Minister of Labor, War Invalids and Social Affairs prescribing the amounts of brokerage fees for labor export to certain markets, shall enter into force 15 days after the date of Official Gazette publication and shall be applied to contracts registered with the Agency of Overseas Labor from the date of entry into force of this Decision.  

Article 7. The Chief of the Ministry’s Office, the Director of the Agency of Overseas Labor, the Director of the Department of Planning – Finance, the Directors of enterprises sending employees to work abroad, and the Heads of relevant units, shall be responsible for implementing this Decision.

APPENDIX

MAXIMUM AMOUNTS OF BROKERAGE FEES PAID BY EMPLOYEES TO ENTERPRISES IN A NUMBER OF MARKETS
(To the Decision No. 61/2008/QD-LDTBXH dated August 12, 2008 of the Minister of Labor, War Invalids and Social Affairs)