Conditions for withdrawing deposits from labor subleasing enterprises

1. How are deposits managed for labor subleasing businesses?

Pursuant to Clause 2, Article 15 of Decree 145/2020/ND-CP stipulating that deposits are used for the purpose of paying wages, social insurance, health insurance, unemployment insurance, insurance for labor accidents, occupational diseases and other benefits for subleased workers under the agreement in the labor contract, collective labor agreement, internal rules and regulations of the subleasing enterprise or compensating the subleased employee in case the subleasing enterprise violates the labor contract with the subleased employee or causes damage to the subleased employee due to failure to ensure the legal rights and interests of the subleased employee.

And according to Article 17 of Decree 145/2020/ND-CP regulations regulations on deposit management are as follows:

“Article 17. Deposit management

1. The deposit receiving bank is responsible for blocking the entire deposit amount of the subleasing enterprise, managing the deposit according to the provisions of law on deposits.

2. The deposit receiving bank shall let the subleasing enterprise withdraw the deposit and deduct the deposit. deposit and request the subleasing enterprise to pay additional deposit in accordance with the provisions of Article 18, Article 19 and Article 20 of this Decree.

3. The bank receiving the deposit is not allowed to withdraw the deposit to the subleasing enterprise without the written consent of the Chairman of the People’s Committee of the province or centrally run city (hereinafter referred to as the Chairman of the People’s Committee of the central level). province).”

Thus, the deposit is used to ensure the rights of the subleased employee, therefore, the deposit receiving bank is the deposit manager and is responsible for blocking the entire deposit amount of the subleasing enterprise, managing the deposit according to the provisions of law on deposits.

2. What are the conditions for withdrawing a deposit from a labor subleasing business?

Pursuant to Clause 1, Article 18 of Decree 145/2020/ND-CP, the Chairman of the Provincial People’s Committee where the subleasing enterprise is headquartered agrees to let the subleasing enterprise withdraw the deposit when the enterprise falls into one of the following cases:

– The subleasing enterprise faces difficulties and does not have enough financial resources to fully pay salaries, social insurance, health insurance, unemployment insurance, labor accident insurance, occupational diseases and other benefits for the subleasing employee as agreed in the labor contract, collective labor agreement, internal rules and regulations of the subleasing enterprise after a period of 30 days from the date of payment due as prescribed by law;

– The subleasing enterprise faces difficulties and cannot afford to compensate the subleased employee due to violating the labor contract with the subleased employee or causing damage to the subleased employee because it does not ensure the legal rights and interests of the subleased employee after 60 days from the date of the compensation deadline as prescribed by law;

– The enterprise is not licensed;

– The subleasing enterprise has its license revoked or its license is not renewed or reissued;

– The subleasing enterprise has made a deposit at a Vietnamese commercial bank or another foreign commercial bank branch in Vietnam.

Thus, when one of the above cases is met, the subleasing business will be able to withdraw the deposit.

3. To withdraw a deposit, you only need the consent of the bank receiving the deposit, right?

Pursuant to Clause 4, Article 18 of Decree 145/2020/ND-CP stipulating the order and procedures for withdrawing deposits are carried out as follows:

– The subleasing enterprise submits 01 set of documents specified in Clause 2 of this Article to the Department of Labor, War Invalids and Social Affairs where the enterprise is headquartered;

– Department of Labor, War Invalids and Social Affairs receives documents, checks and issues a receipt clearly stating the date, month and year of receipt of complete documents. Within 05 working days from the date of receiving a complete dossier requesting withdrawal of deposit from the subleasing enterprise, the Department of Labor, War Invalids and Social Affairs shall check and authenticate the subleasing enterprise’s application dossier and the subleasing enterprise’s fulfillment of obligations to the subleased employees in the case specified in Point d, Clause 1 of this Article and submit to the Chairman of the Provincial People’s Committee for approval for the subleasing enterprise to withdraw the deposit;

– Within 05 working days from the date of receiving the dossier submitted by the Department of Labor, War Invalids and Social Affairs, the Chairman of the Provincial People’s Committee shall have a written agreement on the withdrawal of the deposit and the plan for using the deposit (if any) sent to the subleasing enterprise and the deposit receiving bank. In case of disagreement about withdrawing the deposit, the Chairman of the Provincial People’s Committee shall respond in writing to the subleasing enterprise, clearly stating the reason for disagreement;

– After receiving written consent to withdraw the deposit from the Chairman of the Provincial People’s Committee, the subleasing enterprise submits documents as prescribed in Clause 3 of this Article at the deposit receiving bank;

– The deposit receiving bank receives and checks the deposit withdrawal application of the subleasing enterprise. If it is in accordance with regulations, the deposit receiving bank for the subleasing enterprise shall withdraw the deposit within 01 working day from the date of receiving the deposit withdrawal application.

In case of withdrawing the deposit according to the provisions of Points a and b, Clause 1 of this Article, the payment and compensation to the sub-hired employee will be paid directly by the bank receiving the deposit according to the plan approved by the Chairman of the Provincial People’s Committee after deducting banking service costs.

And based on Clause 3, Article 17 of Decree 145/2020/ND-CP, the deposit receiving bank is not allowed to let the subleasing enterprise withdraw the deposit without the written consent of the Chairman of the People’s Committee of the province or centrally run city (hereinafter referred to as the Chairman of the Provincial People’s Committee).