JOINT CIRCULAR

GUIDELINES ON FINANCIAL SUPPORT FOR GUEST WORKERS PRESCRIBED IN DECREE NO. 61/2015/ND-CP DATED JULY 9, 2015 OF THE GOVERNMENT OF VIETNAM ON JOB CREATION POLICIES AND NATIONAL EMPLOYMENT FUND

Joint Circular No. 09/2016/TTLT-BLDTBXH-BTC dated June 15, 2016 of the Minister of Labor - War Invalids and Social Affairs of Vietnam and the Minister of Finance of Vietnam on guidelines on financial support for guest workers prescribed in Decree No. 61/2015/ND-CP dated July 9, 2015 of the Government of Vietnam on job creation policies and national employment fund, effective as of August 1, 2016, is amended by:

Circular No. 08/2023/TT-BLDTBXH dated August 29, 2023 of the Minister of Labor – War Invalids and Social Affairs of Vietnam on amendments to and annulment of several Articles of Circulars and Joint Circulars concerning the submission and presentation of paper household registration books, temporary residence books, or documents requiring confirmation of residence when carrying out administrative procedures under the state management of the Ministry of Labor - War Invalids and Social Affairs of Vietnam, effective as of October 12, 2023.

Pursuant to Decree No. 106/2012/ND-CP dated December 20, 2012 of the Government of Vietnam on functions, tasks, entitlements, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs of Vietnam;

Pursuant to Decree No. 215/2013/ND-CP dated December 23, 2013 of the Government of Vietnam on functions, tasks, entitlements, and organizational structure of the Ministry of Finance of Vietnam;

Pursuant to Decree No. 61/2015/ND-CP dated July 9, 2015 of the Government of Vietnam on job creation policies and national employment fund;

The Minister of Labor – War Invalids and Social Affairs of Vietnam and the Minister of Finance of Vietnam hereby promulgate a Joint Circular on guidelines on financial support for guest workers prescribed in Decree No. 61/2015/ND-CP dated July 9, 2015 of the Government of Vietnam on job creation policies and national employment fund (hereinafter referred to as “Decree No. 61/2015/ND-CP”).[1]

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This Joint Circular provides for the guidelines on procedures and amounts of financial support for guest workers and the development of the overseas labor market as prescribed in Article 10 and Article 12 of Decree No. 61/2015/ND-CP.

Article 2. Regulated entities

1. Any of the following entities wishing to be a guest worker:

a) Ethnics;

b) Members of poor or near-poor households as prescribed by laws;

c) Relatives of revolutionary contributors prescribed in Clause 1 Article 4 of Decree No. 31/2013/ND-CP dated April 9, 2013 of the Government of Vietnam;

d) Persons with expropriated agricultural land prescribed in Decision No. 63/2015/QD-TTg dated December 10, 2015 of the Prime Minister of Vietnam.

2. Other agencies, enterprises, organizations, and individuals related to Article 1 of this Joint Circular.

Article 3. Contents and amounts of financial support for guest workers

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a) Vocational training: according to actual costs, up to the amounts prescribed in Article 4 of Decision No. 46/2015/QD-TTg dated September 28, 2015 of the Prime Minister of Vietnam;

b) Foreign language training: according to the actual fee of each course and actual learning time, up to 3 million VND per person per course;

c) Training in necessary knowledge: according to the actual costs, up to 530.000 VND per person per course;

d) Food expenses during the training period: up to 40.000 VND per person per day;

dd) Travel expenses (round-trip tickets) incurred by workers from their legal residence to the location of training facilities: up to 200.000 VND per person per course for a distance of 15 km or longer; up to 300.000 VND per person per course for a distance of 10 km or longer regarding an extremely disadvantaged socio-economic area;

e) If a worker prescribed in Clause 1 Article 2 of this Joint Circular lives in a poor district as prescribed in Resolution No. 30a/2008/NQ-CP dated December 27, 2008 of the Government of Vietnam on the support program for fast and sustainable poverty reduction in 61 poor districts (hereinafter referred to as “Resolution No. 30a/2008/NQ-CP”), he/she will receive an additional amount of financial support for accommodation expenses during the training period and for personal items as prescribed in Point a Clause 3 Article 5 of Joint Circular No. 31/2009/TTLT-BLDTBXH-BTC dated September 9, 2009 of the Ministry of Labor - War Invalids and Social Affairs of Vietnam and the Ministry of Finance of Vietnam on guidelines for Decision No. 71/2009/QD-TTg dated April 29, 2009 of the Prime Minister of Vietnam on approval for the project on support for poor districts for the acceleration of labor export, contributing to sustainable poverty reduction during 2009-2020 (hereinafter referred to as “Decision No. 71/2009/QD-TTg”).

2. Financial support for expenditures on procedures for guest workers includes:

a) Fees for issuance of passports prescribed in Circular No. 157/2015/TT-BTC dated October 8, 2015 of the Ministry of Finance of Vietnam;

b) Fees for issuance of juridical records prescribed in Circular No. 174/2011/TT-BTC dated December 2, 2011 of the Ministry of Finance of Vietnam;

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d) Health check-up costs according to prices of actual check-ups and treatment of medical facilities permitted to provide health check-up services for guest workers, up to 750.000 VND per person.

3. Financial support for risk settlement throughout the overseas working period:

Any worker facing risks during the overseas working period shall receive an amount of financial support prescribed in Point a Clause 3 of Decision No. 144/2007/QD-TTg dated August 31, 2007 of the Prime Minister of Vietnam and its guiding documents.

4. Financial support for training in professional skills:

a) Any worker participating in the course of training in professional skills as required by the contract concluded by a Vietnamese enterprise and a foreign partner shall receive an amount of financial support for training in professional skills and foreign languages equivalent to 70% of the training cost of each course of the training institution but not exceeding the amount prescribed in Point a and b Clause 1 of this Article;

b) Any worker participating in the high-level training program under an agreement between the Government of Vietnam and a host country shall receive financial support for training as agreed on by both Governments.

5. If a worker is subject to multiple cases as prescribed in Clause 1 Article 2 of this Joint Circular, he/she may choose the most profitable case for application and only receive the financial support prescribed in Clause 1, 2, 3, and 4 of this Article once.

6. If a worker prescribed in Clause 1 Article 2 of this Joint Circular lives in a poor district according to Decree No. 30a/2008/NQ-CP, he/she may decide to receive financial support as prescribed in this Joint Circular or Decision No. 71/2009/QD-TTg. No worker is permitted to receive both amounts of financial support prescribed in this Joint Circular and Decision No. 71/2009/QD-TTg.

Article 4. Procedures for supporting guest workers

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a) Workers who are ethnics, members of poor households or near-poor households, or relatives of revolutionary contributors eligible for financial support shall submit applications (in person or through postal services) to local Authorities of Labor - War Invalids and Social Affairs (Departments of Labor - War Invalids and Social Affairs or Divisions of Labor - War Invalids and Social Affairs according to local decentralization) where they legally reside for assessment and support.

An application for financial support includes:

- An application for financial support following Form No. 01 enclosed herewith;

- Any of the following documents justifying the eligibility of the worker according to Clause 1 Article 2 of this Joint Circular:

+[2] (annulled)

+ For members of poor households or near-poor households: certification of the People’s Committee of the commune, ward, or commune-level town mentioned in the application for financial support;

+ For relatives of revolutionary contributors: document confirming the relation with the revolutionary contributor following the Form No. 02 enclosed herewith;

- A copy of the contract concluded by the worker and the enterprise providing guest worker services (confirmed by the enterprise) or a copy of the individual contract concluded by the worker and the employer (if the contract is in a foreign language, a certified Vietnamese translation is required) and a certification of the registration of the individual contract of the Department of Labor - War Invalids and Social Affairs;

- Copies of passport and visa;

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- Invoices or receipts of fees for training in vocations, foreign languages, necessary knowledge, health check-ups, passports, visas, and judicial records;

The authority of Labor - War Invalids and Social Affairs shall, within 10 working days from the date on which the valid application of the worker is received, provide financial support for the worker (in person or through the bank account) and archive the mentioned documents as per regulation.

b) Workers subject to expropriation of agricultural land:

Workers shall submit applications (in person or through postal services) to investors. An application includes:

- An application for financial support following Form No. 01 enclosed herewith;

- A copy of the contract concluded by the worker and the enterprise providing guest worker services (confirmed by the enterprise) or a copy of the individual contract concluded by the worker and the employer (if the contract is in a foreign language, a certified Vietnamese translation is required) and a certification of the registration of the individual contract of the Department of Labor - War Invalids and Social Affairs;

- Copies of passport and visa;

- Copies of certificates or certifications of completion of the course of training in vocations, foreign languages, or necessary knowledge of the worker used as the basis for payment of his/her food and accommodation expenses during the training period;

- Invoices or receipts of fees for training in vocations, foreign languages, necessary knowledge, health check-ups, passports, visas, and judicial records

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2. Regarding the financial support prescribed in Clause 3 Article 3 of this Joint Circular: Procedures for financial support shall comply with Joint Circular No. 11/2008/TTLT-BLDTBXH-BTC dated July 21, 2008 of the Ministry of Labor - War Invalids and Social Affairs of Vietnam and the Ministry of Finance of Vietnam.

3. Regarding the financial support prescribed in Point a Clause 4 Article 3 of this Joint Circular:

a) The Ministry of Labor - War Invalids and Social Affairs of Vietnam (Department of Overseas Labor Management) shall, based on the need and number of workers participating in courses of training in vocations, foreign languages, the financial support for training in vocations and foreign languages prescribed in Point a Clause 4 Article 3 of this Joint Circular, and estimates assigned by competent authorities, conclude a contract of order placement of training in professional skills and/or foreign languages with an enterprise or professional organization providing guest worker services as prescribed in Decision No. 39/2008/QD-TTg dated March 14, 2008 of the Prime Minister of Vietnam;

b) The Department of Overseas Labor Management shall, based on the concluded contract of order placement and the list of workers participating in the training, advance funding to the enterprise or professional organization as prescribed in Circular No. 39/2016/TT-BTC dated March 1, 2016 of the Ministry of Finance of Vietnam;

c) The Department of Overseas Labor Management shall carry out the testing and contract liquidation and pay the remaining value of the contract (if any):

- In case the percentage of learners sent to work abroad after completing the course is under 70%, only the amount of training costs according to the actual number of learners sent to work abroad shall be paid;

- In case the percentage of learners sent to work abroad after completing the course is 70% or more, the amount of training costs according to the total number of learners specified in the concluded contract shall be paid;

d) The enterprise or professional organization providing guest worker services shall pay the state financial support for learners as specified in the contract concluded with the Department of Overseas Labor Management;

dd) Documentation archived at the mentioned enterprise or professional organization includes:

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- Joint training contract between the vocational training facility and the enterprise or professional organization providing guest worker services (if the mentioned enterprise or professional organization does not provide training for workers);

- Application for financial support following Form No. 03 enclosed herewith;

- Documents justifying the eligibility of the worker according to Clause 1 Article 2 of this Joint Circular;

- Testing records and liquidation records of the contract of order placement of training between the enterprise or the professional organization and the Department of Overseas Labor Management;

- Guest worker contract concluded by the worker and the enterprise or professional organization providing guest worker services.

4. Regarding the financial support prescribed in Point b Clause 4 Article 3 of this Joint Circular, the Ministry of Labor - War Invalids and Social Affairs of Vietnam shall stipulate support procedures for specific programs in accordance with current regulations.

Article 5. Support for development of overseas labor market

1. The support for the development of the overseas labor market includes:

a) Researching and surveying the overseas labor market:

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- Investigating, surveying, collecting, and summarizing documents;

- Purchasing documents on potential labor markets for Vietnamese workers;

b) Advertising information on the overseas Vietnamese workforce:

- Organizing conferences and seminars on the Vietnamese workforce;

- Developing documents, publications, and communication programs on the Vietnamese workforce (reports, documentaries, books, posters, leaflets, etc.);

- Organizing communications and popularization of the Vietnamese workforce through: 

+ Documents and publications;  

+ Overseas mass media (if any);

+ Internet;

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- Developing databases on Vietnamese guest workers;

- Developing documents, publications, and communication programs on guidelines for Vietnamese guest workers to protect their legitimate rights and benefits;

- Developing documents, publications, and communication programs to introduce labor markets to workers wishing to work abroad; 

- Organizing meetings between foreign enterprises and organizations;

- Organizing cultural events for Vietnamese guest workers;

- Providing advanced training in the capacity for promoting the development of the overseas labor market;

2. Contents and amounts of financial support:

a) Expenditures on the purchase or collection of information on new markets or professions accepting Vietnamese workers, expenditures on communications and dissemination of the Vietnamese workforce on overseas mass media: the Director of the Department of Overseas Labor Management shall, based on actual developments and within the approved annual estimates, decide on the assurance of thrift and efficiency;

b) Expenditures on research and formulation of projects for assessment of overseas markets in terms of potential and tendency to accept workers: comply with Joint Circular No. 55/2015/TTLT-BTC-BKHCN dated April 22, 2015 of the Ministry of Finance of Vietnam and the Ministry of Science and Technology of Vietnam;

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d) Organization of events and seminars abroad, including: expenditures on rental of halls, equipment, decoration, sound, lighting, interpretation services, reception, speakers, documents, and water/beverage; expenditures on the organization of cultural activities or events for Vietnamese guest workers: payment for the contract concluded with the organization providing overseas event or seminar services and valid invoices and documents shall not exceed the estimates approved by competent authorities;

dd) Expenditures on the reception of foreign guests and international seminars on new labor market development: comply with Circular No. 01/2010/TT-BTC dated January 6, 2010 of Ministry of Finance of Vietnam;

e) Expenditures on formulation, publishing, and distribution of publications, documents, and communication programs: comply with Decree No. 130/2013/ND-CP dated October 16, 2013 of the Government of Vietnam;

g) Support for the development of databases on Vietnamese guest workers: comply with Circular No. 194/2012/TT-BTC dated November 15, 2012 of the Ministry of Finance of Vietnam and Joint Circular No. 19/2012/TTLT-BTC-BKH&DT-BTTTT dated February 15, 2012 of the Ministry of Finance of Vietnam, the Ministry of Planning and Investment of Vietnam, and the Ministry of Information and Communications of Vietnam;

h) Expenditures on the organization of training courses for the improvement of capacity and skills in promoting the overseas labor market: comply with Circular No. 139/2010/TT-BTC dated September 21, 2010 of the Ministry of Finance of Vietnam.

Article 6. Implementation budget

1. Financial support for training in vocations, foreign languages, necessary knowledge, and expenditures on procedures for guest workers for entities prescribed in Points a, b, and c Clause 1 Article 2 of this Joint Circular and financial support for the development of the overseas labor market shall be allocated from the recurrent expenditure budget estimates of agencies or units assigned to carry out central and local tasks as prescribed by the law on government budget decentralization.

In 2016, the central budget shall grant dedicated additional funding for provinces failing to balance their state budgets to carry out related policies.

2. Financial support for training in vocations, foreign languages, necessary knowledge, and expenditures on procedures for guest workers for entities prescribed in Point d Clause 1 Article 2 of this Joint Circular shall be allocated from the budget sources of investment projects or plans for indemnity and relocation approved by competent authorities as prescribed in Decision No. 63/2015/QD-TTg dated December 10, 2015 of the Prime Minister of Vietnam.

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4. Other legal budget sources.

Article 7. Responsibilities of authorities and project investors 

1. Authorities of Labor - War Invalids and Social Affairs:

a) The Ministry of Labor – War Invalids and Social Affairs of Vietnam shall decide the expenditures on training in vocations and foreign languages in conformity with the training programs and training period after receiving suggestions from the Ministry of Finance of Vietnam;

b) Departments of Labor - War Invalids and Social Affairs shall:

- Request Presidents of People’s Committee of provinces or centrally affiliated cities to decide to assign Departments of Labor - War Invalids and Social Affairs or Divisions of Labor - War Invalids and Social Affairs to receive applications and grant financial support to workers as prescribed in this Joint Circular, ensuring conformity with actual conditions of such provinces;

- Send biannual reports (before July 31) and annual reports (before January 31 of the following year) on the budget and number of workers receiving financial support to the Ministry of Labor - War Invalids and Social Affairs of Vietnam (Department of Overseas Labor Management) for summary and monitoring;

c) Take charge and cooperate with concerned authorities in disseminating and popularizing support policies to workers and performing tasks prescribed in this Joint Circular;

d) Send annual plans and budget estimates for financial support for guest worker programs and the development of the overseas labor market to financial authorities at the same level for summary as per regulation.

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3. Project investors shall, based on the financial support prescribed in Clause 1 and Clause 2 Article 3 of this Joint Circular, develop plans and formulate budget estimates for financial support for guest workers in the total budget of investment projects or approved plans for indemnity and relocation; allocate budget and pay for the financial support prescribed in Clause 1 Article 3 for workers being entities prescribed in Point d Clause 1 Article 2 of this Joint Circular.

Article 8. Entry into force[3]

1. This Joint Circular comes into force as of August 1, 2016.

2. If any legislative document cited in this Joint Circular is amended, supplemented, or replaced, comply with its new edition.

3. Difficulties arising during the implementation of this Joint Circular shall be reported to the Ministry of Labor - War Invalids and Social Affairs of Vietnam for research and amendments./.

VERIFICATION OF INTEGRATED DOCUMENT

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