Vietnam: What are the regulation on supporting to return home for worker who can not work due to wars?
Fund for Overseas Employment Support in Vietnam
Accoding to Article 3, Decision No. 40/2021/QĐ-TTg, the Fund for Overseas Employment Support is under the Ministry of Labor, Invalids and Social Affairs in order to support the market development, stabilization and expansion; prevent, minimize and risk management for workers and enterprises; protect legitimate rights and interests of workers. The Fund is headquartered in Hanoi and has its own website. The Fund’s transaction name in English is the Fund for Overseas Employment Support, abbreviated as FES.
The operation principle of Fund for Overseas Employment Support in Vietnam
Accoding to Article 6, Decision No. 40/2021/QĐ-TTg on the operation principle, asset and financial management, accounting and audit regimes, financial disclosure as follows:
1. The publicity, transparency, economy, efficiency and proper use of finance and assets must be ensured in accordance with law provisions.
2. Revenues of the Fund shall be transferred into its accounts opened at the State Treasury and commercial banks for use and management in accordance with law provisions. The Fund may use a maximum amount of 50% of the Fund remainder in the preceding year to make a time deposit with a maximum term of 3 years at a Vietnamese commercial bank. The deposit, term and bank branch receiving deposit shall be decided by the Fund Director, based on the Fund investment plan approved by the Fund Management Board. The interest rate of such deposit shall be concluded into the annual revenues of the Fund.
3. The receipt, management and use of aids and sponsorships shall comply with law provisions.
4. On an annual basis, the Fund Administration Agency shall make revenue and expenditure estimates of the Fund, frequent expenditure estimates for the Fund's operations and submit them to the Fund Management Board for approval.
5. Collection, spending, account finalization, financial disclosure, and reporting regime shall comply with the Law on Accounting, the Law on the State Budget, and relevant laws.
6. On an annual basis, the operation and audit results shall be publicized on the Ministry of Labor, Invalids and Social Affairs’ e-portal in accordance with law provisions. The fund balance of the preceding year may be carried forward to subsequent years for further use.
7. The management and use of assets shall comply with the law on management and use of assets; and the law on management and use of public property.
What are the regulation on supporting to return home for worker who can not work due to wars?
Accoding to Article 11, Decision No. 40/2021/QĐ-TTg on supporting workers who have to return home ahead of schedule due to overseas employers’ dissolution, bankruptcy or downsizing of production activities upon occurrence of natural disasters, epidemics, political instability, wars, economic recession, or other force majeure events as follows:
1. Support level: from VND 7,000,000/case to VND 20,000,000/case.
2. Workers or persons authorized by workers or their at-law representatives shall send a written request for support (made according to Form provided in Appendix I to this Decision), enclosed with one set of proof dossiers online, directly, via postal service or via enterprises, organizations or individuals sending them abroad to the Fund Administration Agency. A dossier comprises:
a) A copy of the contract liquidation document signed between the worker and the enterprise, organization or individual sending workers abroad, clearly stating reason for return home ahead of schedule; or the employer’s written notice, or a document of the Vietnamese representative mission in the host country made according to the worker's request for certifying the employer's contract termination due to the above-mentioned reasons;
b) A copy of the worker's passport;
c) A power of attorney (clearly stating authorization contents) or papers proving the at-law representative right according to regulations, in case the authorized person or at-law representative submits dossier.
In case the dossiers are submitted through the enterprise, organization or individual sending workers abroad, such organization or individual shall make a list of workers to be supported, enclosed with their dossiers and send them to the Fund Administration Agency (made according to Form provided in Appendix II to this Decision).
3. Within 15 working days after receiving complete dossiers as prescribed, the Fund Administration Agency shall check and compare dossiers, and implement according to regulations. In case of refusal, it shall issue a written reply clearly stating the reason.
Thus, you can completely be got financial support by the Fund for Overseas Employment Support in Vietnam with the maximum of 20 million VND. Hoping you get support soon and return home safely. Best regards!
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