Thông tư 02/2004/TT-NHNN hướng dẫn việc ký quỹ tại ngân hàng đối với doanh nghiệp hoạt động xuất khẩu lao động do Ngân hàng Nhà nước ban hành

CIRCULAR

GUIDING THE DEPOSIT AT BANKS FOR ENTERPRISES ENGAGING IN LABOR EXPORT ACTIVITY

According to the provision in Paragraph 5, Article 9 and Paragraph 6 Article 26 of the Decree No. 81/2003/ND-CP dated 17 July, 2003 of the Government providing in details and guiding the implementation of the Labor Code on Vietnamese Laborers who are working in foreign country and upon agreement with the Ministry of Labor, War Invalids and Social Affairs, the State Bank of Vietnam provides guidance on the deposit at banks for enterprises engaging in labor export activity as follows:

I. SUBJECTS OF APPLICATION AND GOVERNING SCOPE

1. This Circular shall provide for the deposit at a commercial bank by enterprises engaging in labor export activity in accordance with Article 8 of the Decree No. 81/2003/ND-CP dated 17 July, 2003 (hereinafter referred to as enterprise and bank).

2. The enterprise, the bank and concerned parties shall perform the account opening, use and manage the account "deposit" in compliance with provisions of this Circular and related laws.

II. OPENING, USAGE AND MANAGEMENT OF THE ACCOUNT "DEPOSIT" FOR THE LABOR EXPORT ACTIVITY

1. Enterprises shall deposit an amount in accordance with the level stipulated in Paragraph 5, Article 9 of the Decree No. 81/2003/ND-CP dated 17 July, 2003 for the State competent agency to consider granting them with the labor export permit. The amount of deposit must be maintained for the time where enterprises engage in the labor export activity.

In case where enterprises are permitted by the bank to withdraw the amount of deposit for the purpose of bringing home Vietnamese labor from foreign country upon the written request by the Ministry of Labor, War Invalids - Social Affairs as provided for in point 3 this Section, enterprises shall, within a maximum period of 30 day from the date of the  withdrawal of the deposit, supplement the deposit to the stipulated level. If any enterprise fails to comply with this provision, the bank shall give a written notice to the  Ministry of Labor, War Invalids - Social Affairs for its knowledge and taking settlement measures.

2. Performance of the deposit:

a. The enterprise shall submit a request for the deposit to secure the labor export activity to the bank (the form in Appendix 01).

b. The Bank and enterprise shall enter into a deposit contract in compliance with provisions in this Circular and relevant laws, which include such contents as: name, address of the enterprise and the bank; the amount of deposit; interest rate of deposit amount; opening and usage of account "deposit"; withdrawal of deposited amount; return of the amount of deposit; responsibilities of respective parties and other agreements.

c. The Bank shall account the amount of deposit to the account "deposits in VND to secure other payments" and confirm the deposit of the enterprise for labor export activity (the form in Appendix 02).

3. The Bank shall permit enterprise to withdraw the amount of deposit to use for the purpose of bringing home Vietnamese labor from foreign countries in following cases:

a. Where there is a written request by the enterprise (form in the Appendix 03) enclosed with the document of the Ministry of Labor, War Invalids and Social Affairs that requests to bring  home Vietnamese labor from foreign countries .

b. Where there is a written document of the Ministry of Labor, War Invalids and Social Affairs enclosed with the authorization letter of the enterprise on the withdrawal of the amount of deposit.

4. The Bank shall return the deposited amount to the enterprise and close the account in following cases:

a. Where there is a document of the Ministry of Labor, War Invalids and Social Affairs to the extent that the enterprise fails to satisfy full conditions for being granted with a  labor export permit or to change for  the new permit.

b. Where there is a document of the Ministry of Labor, War Invalids and Social Affairs confirming that the enterprise has terminated its labor export activity, liquidated the contract of working in foreign country entered into with the laborers and fully performed financial obligations to the State in accordance with applicable provisions of the laws.

5. Responsibilities of the bank and the enterprise.

5.1. Responsibilities of the bank:

a. To implement and provide guidance to enterprise on the opening, usage and management of the account "deposit" in accordance with provisions in this Circular and relevant laws.

b. To confirm the deposit for the labor export activity of the enterprise;

c. To pay interests on the deposit balance at the interest rate agreed upon in the deposit contract.

5.2. Responsibilities of the enterprise

a. To pledge and maintain the full amount of deposit in accordance with provisions in point 1 of this Section.

b. To comply with provisions of this Circular and relevant laws on the opening, usage and management of the account "deposit".

III. ORGANIZATION OF THE IMPLEMENTATION

1. This Circular shall be effective after 15 days from its publication in the Official Gazette.

2. If an enterprise has deposited at any financial, credit institution other than a commercial bank before the effectiveness of this Circular, it must deposit in a commercial bank in accordance with provisions in this Circular.

3. Heads of units of the State Bank, General Managers of the State Bank branches in provinces, cities under the central Government’s management, Board of Directors and General Managers (Managers) of commercial banks and enterprises, which are entitled for being granted with a labor export permit, shall be responsible for the implementation of this Circular.

REQUEST FOR DEPOSIT TO SECURE THE LABOR EXPORT ACTIVITY

(Appendix 01)

To: The Bank……………………………………

Pursuant to the Circular No.: …………. of the Governor of the State Bank guiding the deposit at the bank for the enterprise engaging in labor export activity.

Name of the enterprise:

Address of Head office

Tel:                                                                   Fax:

Deposit account No.:                                          at the bank:

Account holder:                                                 Title:

We would like to request your good bank to permit us to make a deposit for the labor export activity in accordance with provisions in Paragraph 5, Article 9 of the Decree No. 81/2003/ND-CP dated 17 July, 2003 of the Government providing in details and guiding the implementation of Labor Code on Vietnamese Laborers who are working abroad. The amount of deposit shall be VND 500,000,000 (Vietnam Dong five hundred million).

We undertake to correctly comply with provisions of applicable laws on the deposit at the bank for enterprises engaging in labor export activity.

CONFIRMATION ON THE DEPOSIT TO SECURE THE LABOR EXPORT ACTIVITY

(Appendix 02)

Pursuant to the Circular No.:               of the Governor of the State Bank guiding the deposit at the bank for the enterprise engaging in the labor export activity and the deposit Contract No. .............. dated................... entered into between the enterprise and the bank.

The Bank: ......................................................................................

Confirms:

Name of the enterprise:

Address of Head office

Tel:                                                                   Fax:

Account holder:                                                 Title:

has fully deposited the amount to secure the labor export activity of VND 500,000,000 (Vietnam Dong Five hundred million) to the account at the bank

REQUEST FOR THE WITHDRAWAL OF THE DEPOSIT FOR SECURING LABOR EXPORT ACTIVITY

(Appendix 03)

Pursuant to the Circular No.: …………….of the Governor of the State Bank guiding the deposit at the bank for the enterprise engaging in labor export activity and the document No. .............. dated................... of the Ministry of Labor, War Invalids and Social Affairs requesting the enterprises to urgently bring home Vietnamese Laborers from foreign country ,

Name of the enterprise:

Address of Head office

Tel:                                                                   Fax:

Account (escrow):

Account holder:                                                 Title:

We would like to request your good bank to permit us to withdraw the deposited amount of: ............... to pay for the expenses in relation to the bringing home Vietnamese Laborers from foreign country.

We undertake to correctly comply with applicable provisions on the deposit at the bank for the enterprise engaging in the labor export activity.

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