THE MINISTRY OF LABOR,
WAR INVALIDS AND SOCIAL AFFAIRS
THE MINISTRY OF FINANCE
THE MINISTRY OF PLANNING AND INVESTMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No.
1/1998/TTLT/BLDTBXH-BTC-BKHDT
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Hanoi, January 31, 1998
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JOINT CIRCULAR
GUIDING THE IMPLEMEN-TATION OF DECREE No.81-CP OF NOVEMBER
23, 1995 OF THE GOVERNMENT ON DISABLED LABORERS
In execution of Decree No.81-CP of November
23, 1995 of the Government detailing and guiding the implementation of a number
of Articles of the Labor Code concerning disabled laborers, the Ministry of
Labor, War Invalids and Social Affairs, the Ministry of Finance and the
Ministry of Planning and Investment hereby provide the following guidance:
I. SUBJECT TO REGULATION
1. The disabled persons defined in Article 1 of
Decree No.81-CP are persons whose working capacity has been reduced by 21% and
more due to disability certified by the competent Medical Examination Council.
2. The job training, production and business
establishments reserved exclusively for disabled persons defined in Article 2
and Article 3 of Decree No.81-CP which meet all the conditions stipulated in
Section II of this Circular.
3. The job training establishments and other enterprises
of any economic sector and any form of ownership which have the obligations and
interests defined in Articles 13,14 and 15 of Decree No.81-CP.
II. CONDITIONS FOR JOB
TRAINING, PRODUCTION AND BUSINESS ESTABLISHMENTS RESERVED EXCLUSIVELY FOR DISABLED
PERSONS
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The job training establishments reserved
exclusively for disabled persons include: schools and centers for job training
founded by the State, the agencies, mass organizations, economic and social
organizations or individuals according to the prescriptions of law to help the
disabled persons learn trades and raise their skills associated with the
creation of jobs.
They shall be entitled to the preferential treatment
stipulated in this Circular if they meet the following conditions:
a/ At least 70% of the permanent enrolment at
the establishment are disabled persons;
b/ The establishment is equipped with
classrooms, equipment and means for theoretical teaching and practice
facilities that suit the disabled and can ensure safety and hygiene;
c/ The establishment has a teaching program and
curriculum suited to the disability state of the disabled;
d/ The teachers must have the following
conditions:
- The teachers of theory must have at least a
graduation diploma in secondary technical or professional education, a
certificate of pedagogy and of supplementary education on the psychology of the
disabled. These diplomas and certificates must be issued by the educational and
training service;
- The practice instructors must have a skill
level at least one grade higher than the grade required by the program and a
high professional skill capable of guiding the disabled learners.
e/ The establishment must have the decision of
founding or the permit of founding and the permit of conducting job teaching
issued by the competent agency which clearly write down the task of the school
or center of job training for disabled persons.
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The production or business establishment
reserved exclusively for disabled persons defined in Article 3 of Decree
No.81-CP of November 23,1995 of the Government include: State enterprises,
private enterprises, limited liability companies, stock companies,
cooperatives, cooperative teams founded by disabled persons, or by the various
levels of the administration, by agencies, mass organizations, socio-economic
organizations or individuals as prescribed by law aimed at creating jobs,
improving the life, rehabilitating functions for the disabled persons. They
shall enjoy the preferential treatment defined in this Circular if they meet
the following conditions:
a/ It is founded as prescribed by law and has
the legal person status;
b/ Each of its units must have from 10 laborers
upward of whom more than 51% are disabled;
c/ Its regulation or working regulation must
conform with the conditions, situation and health of the disabled; the
regulation must include a commitment to ensure jobs and interests of the
disabled; record the amount of State capital assigned to its management and use
for the common goal and regarded as the State fund reserved for the disabled
persons working at the establishment. The disabled persons shall enjoy profits
from this capital as other capital sources contributed to the establishment;
d/ The managing board must include a disabled
person who is head or deputy head of the establishment;
e/ The establishment must carry out all the
provisions of the State on the regime of accountancy, tax registration and tax
payment as prescribed;
f/ It must be recognized by decision of the
People's Committee of the province or city directly under the Central
Government or by the Labor, War Invalids and Social Affairs Service acting by
delegation of such committee as production and business establishment reserved
exclusively for disabled persons.
III. SETTING UP, USING AND
MANAGING THE JOB FUND RESERVED FOR DISABLED PERSONS IN THE PROVINCES AND CITIES
DIRECTLY UNDER THE CENTRAL GOVERNMENT:
The provinces and cities directly under the
Central Government shall have to set up the job fund reserved for disabled
persons as defined in Article 4 and Article 5 of Decree No.81-CP to help the
disabled rehabilitate their working capacity and learn jobs or to create jobs
and support the job training, production and business establishments reserved
exclusively for disabled persons and support the job training establishments
and other enterprises of all economic sectors which take in a high proportion
of disabled persons to learn jobs and work.
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- The local budget: the annual fund reserved for
the disabled as prescribed by the People's Council and the People's Committee
of the province or city directly under the Central Government.
- The National Fund for Job Creation (in the
National Budget): each year the Ministry of Labor, War Invalids and Social
Affairs shall assume the main responsibility and together with the Ministry of
Finance, the Ministry of Planning and Investment determine the need of borrowed
fund and support fund as supplement to the Job Fund reserved for the disabled
in the localities with budget difficulties, low budget resources or too high a
proportion of disabled.
- The monthly remittances of the enterprises
which do not take in enough disabled persons to work as prescribed in Articles
14 and 15 of Decree No.81-CP and Point B2, Section VI of this Circular.
- The aid and assistance sources of the
organizations and individuals inside and outside the country.
- Other incomes.
2. The job fund for the disabled shall be used
as follows:
a/ To provide support for:
- The job training establishments, production
and business establishments reserved exclusively for disabled persons in order
to build or repair workshops, purchase machinery and technical equipment,
maintain job training and develop production.
- The other enterprises of all economic sectors
which take in disabled persons to work representing 31% and more of the total
current labor force at the enterprises.
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b/ Low interest loans according to the
prescriptions of the National Fund for Job Creation shall be accorded to the
following objects:
- Job training, production and business
establishments reserved exclusively for disabled persons.
- Individual laborers or groups of laborers who
are disabled persons.
- Job training establishments and other
enterprises of all economic sectors which take in a labor force for job
training and work of which 31% and more are disabled persons.
c/ Support for rehabilitation activities of the
disabled persons.
3. Management of the fund.
- The job fund reserved for the disabled shall
have the Chairman of the People's Committee of the province and city directly
under the Central Government as account owner or he may delegate this right to
the Director of the Finance- Price Service; the balance of the Fund shall be
carried forward for use in the next year. The localities with large balances
and small expenditures need shall have to regulate the fund in favor of those
with big expenditures need but limited resources of income as stipulated by the
Joint Decision on Regulation of the Ministry of Finance, the Ministry of Labor,
War Invalids and Social Affairs and the Ministry of Planning and Investment
(concrete guidance is forthcoming).
- The provincial/municipal Finance-Price Service
in coordination with the provincial/municipal Labor, War Invalids and Social
Affairs Service shall have to help the People's Committee in the organization
of the collection and allocation of the expenditures as currently provided by
the State in this Circular and periodically (quarterly, annually) report to the
Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs
on the income, expenditures and the fund balance.
- The Labor, War Invalids and Social Affairs
Service shall assume main responsibility and coordinate with the Finance-Price
Service, the Planning and Investment Service and other specialized agencies of
the province or city directly under the Central Government in guiding the
production and business establishments and job training centers reserved for
disabled persons and the units eligible to use the Job Fund reserved
exclusively for the disabled concerning the procedures of application for
capital allocation or lending and shall take responsibility for evaluating the
project and submit to the People's Committee of the province or city for
decision to grant loan or allocate support fund.
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In the process of job learning and finding or
seeking for self employment, the disabled laborers are entitled to the
following regimes:
1. The disabled persons who learn job or receive
job fostering at State-managed job training establishments shall come under
Article 12 of Decree No.81-CP;
- Enjoy 50% reduction of tuition if they have
their working capacity reduced by from 31% to 40%.
- Be exempt from tuition if their labor capacity
is reduced by 41% and more. During the period of job training or fostering at
the full time training centers, if they receive no pay or other annuities or
are not qualified to receive scholarships, they shall receive social allowances
at the rate of 100,000 Dong/month as directed by the Ministry of Labor, War
Invalids and Social Affairs, the Ministry of Finance and the Ministry of
Education and Training.
- The invalids in the category of those having
made meritorious contributions to the revolution shall enjoy preferential
treatment as provided for in Inter-ministerial Circular No.07/TT-LB of May
27,1996 of the Ministry of Labor, War Invalids and Social Affairs, the Ministry
of Finance and the Ministry of Education and Training guiding the
implementation of Decree No.28-CP of April 29, 1995 of the Government.
2. The disabled persons learning or fostering
jobs at the State-managed job training establishments and receiving no training
allocation by the State shall be considered for financial support for job
training at the rate of 50% of the tuition he has to pay to the job training
center under the job training contract and the price frame prescribed by the
State from the job fund reserved for the disabled.
3. A disabled person seeking a job through job
service centers shall be exempt from job introduction fee.
4. Self-employed individuals or working groups
who are disabled and who need capital for production, business or service,
shall be considered for loans at low interest from the Job Fund reserved for
the disabled.
5. The disabled who meet with special
difficulties shall be considered for tax exemption or reduction as guided by
the Ministry of Finance.
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The job training establishments reserved
exclusively for the disabled (12 months after starting operation) and the
production and business establishments reserved for the disabled (6 months
after starting operation) which fill the conditions mentioned in Section II of
this Circular shall enjoy the following policies:
1. They are allocated support fund from the Job
Fund reserved for the disabled as stipulated in Article 7 of Decree No.81-CP:
- A job training or production and business
establishment reserved exclusively for the disabled applying for support to a
project shall be considered for allocation of part of the training and
retraining cost; part of the fund to renew or supplement equipment, broaden the
establishment, maintain and develop production and job training, draw in more
disabled persons to learn job and work or to create the initial material and
technical bases.
- The job training establishments which
associate production with practice to raise the skill and create jobs for
disabled persons shall be entitled to the policies defined at this Circular as
for a production and business establishment reserved exclusively for disabled
persons if they fill the conditions defined at Section II, Point 2 mentioned
above.
- Level of allocation: This level shall be based
on the job training development project and the number of disabled persons
trained each year. For the production and business establishments it shall be
based on the production and business project, the list of workers who are
disabled and are working at the establishment. The average allocation shall not
exceed one million Dong per disabled worker.
- The production and business establishments
reserved exclusively for disabled persons which organize job training or the
raising of skill for the disabled right at the establishment, or send disabled
persons to learn jobs at the schools or job training centers to which the State
does not allocate training cost shall be considered for partial allocation of
the cost (depending on the projects of each branch and trade or the job
training contract which the establishment has signed with the job training
center). The cost must be approved and proposed by the provincial/municipal
Service of Labor, War Invalids and Social Affairs.
2. They shall be considered for loans from the
Job Fund reserved for disabled persons as prescribed in Article 8 of Decree
No.81-CP:
The job training or production and business
establishments reserved exclusively for disabled persons shall be considered
for capital loan to maintain and expand job training, production and business
and create more jobs, draw in more disabled persons to learn jobs and to engage
in production and business.
The level, time limit and interest rate of the
loans shall comply with the current provisions on capital loans from the
National Fund for job creation.
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- The job training or production and business
establishments reserved exclusively for disabled persons are exempt from the
various kinds of tax as stipulated in Circular No.23-TC/TCT of April 26,1996
and Circular No.32 TC/TCT of July 6,1996 of the Ministry of Finance.
The exempted tax amount is the sum indirectly
paid by the State for the expenditures of the establishments to make up for the
low work productivity of the disabled compared to ordinary persons. This money
must be spent on the following objectives:
+ Making up for the expenditures in production,
job training including the pay and wages for those disabled persons with low
incomes.
+ Improving and renovating work tools and job
training implements to make them suitable for each disability and improvement
of the working conditions, labor safety requirement, the organization of job
training and raising the skills for the disabled persons right at the
establishment.
+ Expenditures on activities of labor capacity
rehabilitation for the disabled persons and other expenditures.
Each year the job training or production and
business establishments reserved exclusively for disabled persons must report
to the Labor, War Invalids and Social Affairs Service and the local finance
agency the amount of tax exempted, the money already used and the amount
retained to be put into the fund for production development and job training at
the establishment.
4. Other preferential policies and regimes
according to Article 9 and Article 11 of Decree No.81-CP:
The job training or production and business
establishments reserved exclusively for disabled persons are protected and
encouraged to develop by the State; they are given priority in the allocation
of favorable locations to set up places for job training and production and
business; they shall be assisted to invest in technique, in improving and
renewing technology and shall be assigned the appropriate production lines,
granted loans at low interests and other preferences in the framework
prescribed by law.
The capital resources invested by the State, or
given as aid by organizations and individuals in the country and from abroad
are property of the State and assigned to the job training or production and
business establishments reserved exclusively for the disabled shall be managed
and used in strict conformity with the contents and objectives defined in this
Circular. The job training or production and business establishments not
founded and managed by the State (non State establishments), after ceasing
their task of job training or when they are no longer recognized as production
and business establishments reserved exclusively for disabled persons, shall
have to return the whole property issued from the allocated or support fund of
the State and remitted to the Job Fund for disabled persons in the locality.
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A. For the job training establishments:
1. The places which take in disabled persons to
learn jobs, to retrain or to raise skill shall receive tax relief from the job
training turnover as prescribed in Circular No.32 TC/TCT of July 6, 1996 of the
Ministry of Finance;
2. The job training places which have projects
of job, training for disabled persons and which have at least 31% of their
enrolments in the schools or courses being disabled persons shall be entitled
to borrow to purchase implements and equipments in service of teaching and
learning from the Job Fund reserved for the disabled. The level, time limit and
interest rate of the loans shall be the same as in the job training
establishments reserved exclusively for the disabled.
B. For the enterprises:
1. The following enterprises shall have to
accept a proportion of disabled laborers in accordance with Article 14 of
Decree No.91-CP:
- State enterprises;
- Private enterprises;
- Stock companies, limited liabilities
companies;
- Foreign-invested enterprises;
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- Enterprises of political and social mass
organizations and associations;
- Cooperatives and cooperative groups.
a/ 2% for the enterprises of the production
branches, electricity, metallurgy, chemicals, geology, cartology, oil and gas,
mining, aquatic product exploitation, capital construction, transport.
b/ 3% for the enterprises of the remaining
branches and trades
The proportion of disabled persons which the
enterprise accept is the ratio of disabled persons to the total of the laborers
present at the enterprise on a monthly average.
In using disabled persons as laborers the enterprises
must assign to them jobs appropriate with the capacity and the disability of
each of them.
2. If the enterprise has not yet accepted or has
accepted a number of disabled persons lower than the prescribed number, each
month it has to remit to the Job Fund reserved for the disabled persons a sum
corresponding to the minimum salary as prescribed by the State multiplied to
the number of disabled persons that the enterprise has failed to take in.
The enterprise or its branch shall have to make
remittances at the locality where it is located.
Each quarter the enterprise shall have to make
remittances to the Job Fund reserved for the disabled. On December 25 of each
year at the latest the enterprise shall have to remit the full sum it has to
remit for the year. Failing this mark or if it does nor remit on schedule, the
Finance and Price Service in coordination with the Labor, War Invalids and
Social Affairs Service shall, through the Bank where the enterprise has its
accounts of deposits, collect the money on its behalf and deposit the money
into the accounts of the Job Fund reserved for disabled persons. The
enterprises which deliberately shirk this duty shall be penalized under the
Ordinance on Administrative Sanctions or shall be examined for penal liability.
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An enterprise which takes in a labor force of
which less than 31% are disabled persons shall not be entitled to the above
benefits and the fund which has been allocated to it shall have to be returned
and remitted to the Job Fund reserved for disabled persons.
VII. ORGANIZATION OF IMPLEMENTATION:
1. The disabled persons eligible for the regimes
stipulated in this Circular must have a certification from the Medical
Certification Council on their disability and the rate of reduction of working
capacity caused by this disability (the dossier and procedures for medical
evaluation shall conform with the guidance at the Inter-ministerial Circular
No.34/TT-LB of December 29, 1993 of the Ministry of Labor, War Invalids and
Social Affairs and the Ministry of Health). For war invalids and diseased
armymen, they must be provided with certificates of war invalids or diseased
armymen. For disabled persons who are deaf, mute, blind, amputated or are
paralyzed at the arms or legs, or are mentally deficient (cretins) or suffer
from special deformities, if they are not examined by the Medical Certification
Council, they must have a certificate from the district or township Medical
Section.
2. The production and business establishments
which meet the conditions stipulated at Point 2, Section II of this Circular
and those job training or production and business establishments which have
from 31% upward of their newly recruited workforce to learn jobs and work being
disabled persons, if they are to enjoy the preferential regime under Decree
No.81-CP and this Circular, they must be recognized by the People's Committee
of the province or city directly under the Central Government or by delegation
of this Committee by the Labor, War Invalids and Social Affairs Service as
"Establishment for production and business reserved exclusively for the
disabled" or certified as "an establishment with 31% and more of
their workforce being disabled persons". The establishment shall send the
dossier to the Labor, War Invalids and Social Affairs Service for checking and
verification.
The dossier shall include:
- An application with certification that the
establishment is a production and business establishment reserved exclusively
for disabled persons, or with certification that its workforce is composed of
31% and more of disabled persons;
- A copy of the decision or permit to found the
establishment and the business license (or permit of job training if it is a
job training establishment) certified by the Notary Public;
- The Statute or operating regulation of the
establishment;
- The list of the managing and excutive board;
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3. The job training or production and business
establishments which are eligible for the policies and regimes stipulated in
Decree No.81-CP and this Circular and which wish to be allocated fund for
expenditures or supplementary allocation or to borrow capital must make a
dossier and project and send it to the Labor, War Invalids and Social Affairs
Service, the Finance-Price Service for checking and evaluation (including
individual requests of the disabled persons to borrow capital or to be
allocated job learning expenditures).
a/ The dossier and project shall be composed of
:
- A request (application) for capital allocation
or lending;
- The project asking for capital allocation and
expenditures or project asking for loans;
- The list of learners and laborers at the
establishment, the disabled persons at the establishment certified by the
Labor, War Invalids and Social Affairs Section of the district, prefect or city
(complete with date of birth and serial number of the war invalids and
disability cards).
- For the job training establishments reserved
exclusively for disabled persons, they must be accompanied with a copy of the
decision to found the establishment or to allow the founding signed by the
competent authority. For an establishment reserved exclusively for disabled
persons, it must also send a copy of the decision to recognize it as "an
establishment for production and business reserved exclusively for disabled
persons", or a certification as "an establishment with 31% and more
of their workforce being disabled persons" and a copy of the business
license certified by the Notary Public.
The project applying for capital allocation and
the project applying for capital loans must be done separately. The project
owner must be the person in charge of the establishment and must take
responsibility for the truthfulness of the contents of the project. He must
manage the allocated capital and must repay in full the loans and the interests
on the prescribed date.
b/ The disabled persons learning job must send
an application for job learning expenditures attached to the signed job
learning contract certified by the Labor, War Invalids and Social Affairs
Section of the district, prefect or city.
4. The Labor, War Invalids and Social Affairs
Section of the district, prefect or city shall have:
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- To certify and propose to the provincial/municipal
Labor, War Invalids and Social Affairs Service to give support to the disabled
persons who meet with difficulties while learning jobs or creating jobs. To
check and certify the list of laborers who are disabled persons learning jobs
or working at the job training or production and business establishments
located in the territory of the district, prefect or city.
5. The provincial/municipal Labor, War Invalids
and Social Affairs Service shall have:
a/ To assume the prime responsibility and together
with the Finance-Price Service, the Planning and Investment Service and related
branches to help the People's Committee of the provinces and cities directly
under the Central Government to work out the plan, monitor, manage and use the
job fund reserved for the disabled in the locality; guide the establishments
and other objects to elaborate the projects, check, evaluate and certify the
targets and the feasibility of each project, certify the list of the disabled
learning jobs and working at the establishment, ratify the expenditures on job
training of the establishment or the disabled persons.
b/ To make a sum-up report to the People's
Committee of the province or city so that it may issue decisions concerning the
projects asking for capital allocation or lending, approve the job learning
expenditures from the Job Fund reserved for the disabled. If the need of the
project is bigger than the fund can supply, the People's Committee of the
province or city shall write an official dispatch proposing the Ministry of the
Labor War Invalids and Social Affairs, the Ministry of Finance and the Ministry
of Planning and Investment to supply additional fund to the Job Fund reserved
for the disabled in the locality.
To make a general report on the allocated and
lent capital already ratified, the income-expenditure balance sheet of the
Fund, the official dispatch of the People's Committee of the province or city
on the supplementation of capital attached to the dossier of the project asking
for capital allocation to the establishment and related documents to the
Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance and
the Ministry of Planning and Investment in order to monitor and integrate it
into the annual plan.
c/ To organize the guidance for the
implementation of the policies and regimes with regard to the laborers who are
disabled persons under the management of the locality. To check and certify the
number of disabled laborers that the enterprise has to take in under the
prescribed ratio, submit it to the People's Committee of the province or city
for decision concerning each enterprise.
d/ To guide and help in the setting up of job
training, production and business establishments reserved exclusively for
disabled persons. To check and evaluate and propose to the People's Committee
of the province or city for decision or for issuing a decision to delegate
power to recognize them as job training and production and business
establishments reserved exclusively for disabled persons and certify those job
training, production or business establishments with disabled persons making up
31% and more of the labor force. To organize annual controls. Those
establishments which are no longer eligible for being job training, production
and business establishments reserved exclusively for disabled persons or those
establishments where disabled persons represent less than 31% of the labor
force, they shall be given 3 months to consolidate. If they still cannot
qualify, they shall be reported to the People's Committee of the province or
city for consideration and decision or the Committee is empowered to decide
that the establishment is no longer eligible for the policies and regimes of a
job training or production and business establishment reserved exclusively for
disabled persons or an establishment eligible for the policies under this
Circular.
6. The provincial/municipal Finance and Price
Service shall have:
To coordinate with the provincial/municipal
Labor, War Invalids and Social Affairs Service and Planning and Investment
Service in determining and checking the projects funded by the National Job
Creation Fund before submitting it to the People's Committee of the province or
city for consideration and decision; to ratify the job training draft expenditures
from the Job Fund reserved for disabled persons; to check the final
expenditures report belonging to the Job Fund supplied by the central budget,
ratify the final accounts statement of the support expenditures and loans from
the Job Fund reserved for disabled persons in the locality.
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a/ To suggest the requirement in loans and
support allocation as supplementary fund for the Job Fund reserved for disabled
persons in the localities, synthetize them into a general report to submit to
the Government for approval in the annual programs of the National Fund for Job
Creation.
b/ After the Government approves, the Ministry
of Labor War Invalids and Social Affairs, the Ministry of Finance and the
Ministry of Planning and Investment shall make readjustments to balance the
needs for the support fund and the loans in order to make a draft distribution
of the plan to the localities. On the basis of the agreement among the
Ministries, the Ministry of Labor, War Invalids and Social Affairs shall decide
to let the Ministry of Finance fill the procedures for transferring the fund
from the Central Budget to the job fund reserved for disabled persons of the
localities which receive support.
c/ To organize the checking of the
implementation of the policies and regimes concerning laborers who are
disabled, the job training, production and business establishments reserved
exclusively for the disabled persons, the establishments which have the
responsibility to take in disabled laborers and the establishments having the
responsibility to contribute to the Fund, the contributions to the Fund and the
use of the Job Fund for disabled persons in the localities.
d/ To examine the procedures and contents of the
projects asking for fund allocation at the proposal of the People's Committee
of the province or city in order to fill the procedures for transferring the
fund in the order prescribed above.
e/ To make periodical reports every six months
and every year to the Government on this domain.
This Circular takes effect 15 days after its
signing. The earlier regulations which are contrary to this Circular are now
annulled. In the process of its implementation should any question arise it
should be reported in time to the Joint Ministries for study and settlement.
THE MINISTRY OF LABOR,
WAR INVALIDS AND SOCIAL AFFAIRS
MINISTER
Tran Dinh Hoan
THE MINISTRY OF
FINANCE
MINISTER
Nguyen Sinh Hung
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