Quyết định 16/2023/QĐ-TTg của Thủ tướng Chính phủ về thực hiện hỗ trợ cho vay để ký quỹ tại Ngân hàng Chính sách xã hội đối với người lao động thuộc đối tượng chính sách đi làm việc tại Hàn Quốc theo Chương trình cấp phép việc làm cho lao động nước ngoài của Hàn Quốc

DECISION

GRANTING LOAN FOR DEPOSITS AT VIETNAM BANK FOR SOCIAL POLICIES BY EMPLOYEES CLASSIFIED AS POLICY BENEFICIARIES TO ATTEND GUEST WORKER PROGRAM IN KOREA UNDER KOREAN EMPLOYMENT PERMIT SYSTEM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendment to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Vietnamese Guest Worker dated November 13, 2020;

Pursuant to Decree No. 112/2021/ND-CP dated December 10, 2021 of the Government elaborating the Law on Vietnamese Guest Worker;

At request of the Minister of Labor - War Invalids and Social Affairs;

The Prime Minister promulgates Decision granting loan for deposits at Vietnam Bank for Social Policies by employees classified as policy beneficiaries to attend guest worker program in Korea under Korean employment permit system.

Chapter I

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Article 1. Scope and loan eligibility

This Decision prescribes loan for deposits, management and use of deposits made by guest workers working in Korea under the Employee Permit System (EPS) of Korea for employees who are policy beneficiaries and eligible for loans at Vietnam Bank for Social Policies (hereinafter referred to as “VBSP”) to attend guest worker program as per applicable laws.

Article 2. Regulated entities

1. Employees who are policy beneficiaries and eligible for loans at Vietnam bank for social policies to attend guest worker program (hereinafter referred to as “employees”) that wish and are eligible for loans at VBSP to make deposit and attend guest worker program in Korea under the EPS.

2. Center of Overseas Labour, Ministry of Labor - War Invalids and Social Affairs.

3. Vietnam bank for social policies (VBSP).

4. Other agencies, organizations, and individuals related to Korean guest worker under the EPS.

Chapter II

LOAN AND DEPOSIT

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Eligibility of employees for loans at the VBSP:

1. The employees must be policy beneficiaries for loans at the VBSP for guest worker program under applicable laws.

2. The employees have signed contract for guest worker in Korea under the EPS with the Center of Overseas Labour.

3. The employees have their permanent residence registered where the VBSP processes loan procedures for employees.

Article 4. Loan purpose

Employees shall apply for loans to make deposit at the VBSP in order to attend guest worker program in Korea under the EPS.

Article 5. Loan granting banks and loan amount

Employees can apply for loans at the VBSP where they register for permanent residence up to the deposit agreed upon by the Ministry of Labor - War Invalids and Social Affairs of Vietnam and the Ministry of Employment and Labor of Korea and not exceeding 100.000.000 VND.

Article 6. Loan term

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Article 7. Loan interest

Loan interest shall conform to interests of loans granted by the VBSP to employees under guest worker program depending on employees’ situations.

Employees who apply for loans from the VBSP to make deposits shall benefit from deposit interest equal to the loan interest.

Article 8. Collateral

Employees applying for loans under this Decision are not required to implement collateral.

Article 9. Funding sources

Loans shall be funded by mobilized funding sources according to plans assigned to the VBSP by the Prime Minister on an annual basis.

Article 10. Loan application and procedures

1. Application for loan consists of:

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b) Copies of Contract for guest worker program in Korea under the EPS signed by the Center of Overseas Labour and the applicant.

c) Copies of valid Citizen Identity Card or ID Card or passport.

In addition to documents above, if employees are relatives of meritorious persons, the employees are also to submit copies of Certificate of relatives of meritorious persons using Form No. 4 under Decree No. 74/2019/ND-CP dated September 23, 2019 of the Government; if employees are subject of land expropriation, employees are required to submit copies of Decision on land expropriation issued by competent authorities.

Copies of documents mentioned under Point b and Point c of this Clause shall be presented together with the original copies.

2. Loan procedures:

After signing the Contract for guest worker in Korea under the EPS with the Center of Overseas Labour, employees shall request People’s Committees of communes where they register for permanent residence to verify the beneficiaries on the Application for loan under Clause 1 Article 10 hereof.

Within 3 working days from the date on which adequate documents under Clause 1 Article 10 hereof are received, the VBSP shall approve the loan as per the law.

Article 11. Management and use of deposit

1. Agreement on signing of deposit contracts must conform to credit contracts regarding loan principal and interest repayment; details of the contract for guest worker in Korea under the EPS of employees and relevant law provisions.

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a) Once credit contracts expire, the VBSP that grants loans shall collect the loans and return deposit in accordance with the credit contracts.

b) If employees breach deposit contracts or contracts for guest worker in Korea, deposit of employees shall be processed in the following order: loan (both principal and interest) is returned to employees who apply for loans at the VBSP to deposit; the remaining amount (if any) shall be processed in accordance with regulations on Vietnamese guest worker and relevant law provisions.

Chapter III

ORGANIZING IMPLEMENTATION

Article 12. Responsibilities of agencies, entities

1. Ministry of Labor - War Invalids and Social Affairs shall

a) take charge and cooperate with relevant ministries, central departments, and local governments in organizing, implementing, monitoring, and inspecting compliance with this Decision; propose solutions for settling difficulties in implementation, report to the Government and Prime Minister.

b) monitor, examine, and supervise the implementation of this Decision.

c) notify the VBSP about deposit agreed upon by the Ministry of Labor - War Invalids and Social Affairs of Vietnam and Ministry of Employment and Labor of Korea in case of changes to deposit under Article 5 hereof in order to allow the VBSP to determine the maximum loan.

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a) provide guidance on procedures for applying for loans to make deposit and receive deposit for employees eligible for loan application at the VBSP.

b) manage and use deposits of employees in accordance with regulations and law and agreement between employees and Center of Overseas Labour.

c) cooperate with Center of Overseas Labour in signing deposit agreement, managing and returning deposit of employees as per the law.

3. People’s Committees of provinces and central-affiliated cities shall

a) request affiliated authorities and subordinate People’s Committees to communicate, publicize, and counsel regulations relating to guest workers, regulations of Vietnam and Korea regarding the EPS.

b) cooperate with the Vietnamese Fatherland Front, socio-political organizations, and the VBSP in encouraging loan applicants to comply with regulations on loan application, return to Vietnam in a timely manner, and implement this Decision.

c) request People's Committees of communes to verify eligibility for loans to make deposit at the VBSP of employees working under guest worker program in Korea under the EPS and examine verification implemented by the People’s Committees of communes.

Article 13. Transition clauses

Employees who have applied for loans to make deposit or have deposited in accordance with Decision No. 12/2020/QD-TTg dated March 31, 2020 of the Prime Minister or Resolution No. 83/NQ-CP dated July 8, 2022 of the Prime Minister shall continue to comply with signed contracts.

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This Decree comes into force from June 1, 2023.

Article 15. Organizing implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, Chairpersons of Board of Directors and General Director of the VBSP, and relevant agencies, organizations, and individuals are responsible for the implementation of this Decision.

PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Hong Ha