Use of deposits of the outsourcers

Use of deposits of the outsourcers

At Article 15-22 of the Decree 55/2013/ND-CP date May 22, 2013 detailing the implementation of clause 3 article 54 of the labor code on license for the outsourcing services, payment of deposits and list of jobs entitled to carry out outsourcing, the deposits of the outsourcers, Interests , Payment,Refund of deposits, and Responsibilities of banks provided as bellow

Deposits shall be used for payment of wage or compensation for the outsourced employees in case the outsourcers violate labor contract with the outsourced employees or cause damages because enterprises fail to ensure lawful rights and interests of the outsourced employees.

Payment of deposits and procedures for payment of deposits

1. The outsourcers must pay deposits of VND 2,000,000,000 at commercial banks where they open main transaction account (hereinafter abbreviated to banks).

2. The outsourcers shall implement procedures for payment of deposits in accordance with regulations of banks and compliance with provisions of law. After the outsourcers finished procedures and remitted money, banks shall issue written certifications of deposits for doing business in outsourcing services to enterprises.

Interests from deposits

The outsourcers are entitled to enjoy interests from deposits under agreement with banks.

Additional payment of deposits

1. Within 30 days, after money is withdrawn from the deposit account, the outsourcers must remit to add full deposits as prescribed in Article 16 of this Decree.

2. After time limit specified in clause 1 of this Article, if the outsourcers fail to add full deposits, banks shall notify to the Ministry of Labor, Invalids and Social Affairs.

Refund of deposits

The outsourcers shall be refunded deposits in the following cases:

1. Having notification on enterprises failing to be granted, re-granted or being withdrawn of license for outsourcing services from the Minister of Labor, Invalids and Social Affairs.

2. Having decisions on withdrawal of licenses for the outsourcing services issued by the Minister of Labor, Invalids and Social Affairs.

Drawing of deposits

1. Deposits are drawn in the following cases:

a. The outsourcers fail to have sufficient capacity for payment of wage to the outsourced employees after time limit of 60 days, from the due day of paying wage;

b. The outsourcers fail to have sufficient capacity for compensation or fail to pay compensation to the outsourced employees as prescribed in Article 15 of this Decree within 60 days after receiving decision of the Labor Inspectorate;

c. The outsourcers have failed to implement payment or delay payment of social insurance, medical insurance, unemployment insurance premiums for 03 consecutive months.

2. Procedures for the drawing or refund of deposits of the outsourcers shall comply with regulations of banks and relevant laws.

3. Banks are not entitled to let the outsourcers to draw their deposits without written opinion of the Minister of Labor, Invalids and Social Affairs as prescribed in Article 21 of this Decree.

Competence and responsibilities of state management agencies of labor for use of deposits

1. The Minister of Labor, Invalids and Social Affairs shall allow the outsourcers to draw deposits with the aim to implement provisions in Article 15 of this Decree.

2. The provincial People’s Committees shall direct specialized agencies in supervising payment, compensation to the outsourced employees of the outsourcers as prescribed in Article 15 of this Decree.

Responsibilities of banks

1. Implementing properly with regulations on opening the deposit accounts, payment of deposits, use of deposits by the outsourcers and regulations related to these accounts.

2. Blockading deposits and implementing calculation and payment of interest of deposit balance at the deposit interest rate agreed with the outsourcers. At the end of every month, calculating interest payable to enterprises and accounting into the deposit accounts or paying in cash for enterprises.

3. Issuing written certifications of deposits for outsourcing business activities to enterprises according to the form in Annex III promulgated together with this Decree.

4. In case where the outsourcers violate labor contract with the outsourced employees or cause damages because enterprises fail to ensure lawful rights and interests of the outsourced employees and there are decisions of the Minister of Labor, Invalids and Social Affairs forcing enterprises to pay, make compensation for damages, banks shall deduct deposits for payment and compensation for damages to be performed, after deducting expenses for bank’s services.

5. Requiring the outsourcers to pay additionally deposits as prescribed in clause 1 Article 18 of this Decree within 30 days, after money is withdrawn from the deposit account so as to pay, make compensation for damages. After the above time limit, if the outsourcers fail to add full deposits, banks must notify such to the Ministry of Labor, Invalids and Social Affairs.

6. Quarterly, not later than the 15th of first month of the following quarter, banks receiving deposits for outsourcing business must report the Ministry of Labor, Invalids and Social Affairs, the State bank of Vietnam about situation of receipt of deposits for outsourcing business of their bank system according to the form in Annex IV promulgated together with this Decree.