Resolution 83/NQ-CP 2022 on making deposits and providing loan support to make deposits for migrant workers in South Korea under EPS

RESOLUTION

On making deposits and providing loan support to make deposits for migrant workers in South Korea under Korea's Employment Permit System

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated June 19, 2015 and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

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

Pursuant to the Government’s Decree No. 39/2022/ND-CP dated June 18, 2022, on promulgating the Working Regulation of the Government;

At the proposal of the Minister of Labor, Invalids and Social Affairs and opinions of the Government members.

RESOLVES:

Article 1. Workers who are entitled to borrow capital from the Vietnam Bank for Social Policies to work abroad under contracts and have the demand for a loan to work in Korea under the Agreement on sending and receiving Vietnamese workers in Korea's Employment Permit System (EPS program) shall be lent up to VND 100 million to deposit at the Vietnam Bank for Social Policies without making loan guarantees.

Article 2.

1. The Ministry of Labor, Invalids and Social Affairs is assigned to assume the prime responsibility for, and coordinate with relevant agencies in, formulating and submitting the Prime Minister for the promulgation of legal normative documents on implementing the policy of lending for deposits at the Vietnam Bank for Social Policies for workers who are beneficiaries working in Korea in the EPS program according to the shortened order and procedures.

2. The Ministry of Labor, Invalids and Social Affairs, and Vietnam Bank for Social Policies shall continue making deposits and lending for deposit for workers recruited before January 01, 2022, in accordance with the Decision No. 12/2020/QD-TTg dated March 31, 2020, on piloting deposit for migrant workers to South Korea in accordance with the Employment Permit System of South Korea until the new legal normative document takes effect.

3. Handling deposit

a) For the cases where deposits are made before January 01, 2022, but the workers arbitrarily and illegally overstay abroad after terminating their labor contracts, such deposits shall be remitted to the State budgets of the provinces where the workers registered as their permanent residence places before going to work in Korea. In case workers borrow loans from the Vietnam Bank for Social Policies to make deposits, such deposit shall be handled according to the following order: Paying the loans from the Vietnam Bank for Social Policies; Remitting the remaining amount after repaying the Vietnam Bank for Social Policies’ loans to the State budgets of provinces where such workers registered as their permanent residences before going to work in South Korea.

b) The workers who made deposits from January 01, 2022, are administratively sanctioned due to arbitrarily and illegally overstaying in Korea after terminating their labor contracts and refuse to voluntarily comply with decisions on sanctioning administrative violations shall be subject to enforcement of sanctioning decision under Articles 86 and 87 of the Law on Handling of Administrative Violations, and Article 44 of the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations. In case workers borrow loans from the Vietnam Bank for Social Policies to make a deposit, such deposit shall be handled according to the following order: Paying the loans from the Vietnam Bank for Social Policies; Using the remaining amount after repaying the Vietnam Bank for Social Policies’ loans to execute the sanctioning decisions.

Article 3.

1. This Resolution takes effect on the date of its signing.

2. The Minister of Labor, Invalids and Social Affairs, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairperson of People's Committees of provinces and centrally-run cities, General Director of the Vietnam Bank for Social Policies, and concerned agencies shall be responsible for the implementation of this Resolution./.