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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
116/2004/ND-CP
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Hanoi,
April 23, 2004
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF THE GOVERNMENT'S DECREE NO. 81/CP OF NOVEMBER 23, 1995 DETAILING
AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR CODE
REGARDING DISABLED LABORERS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the
Government;
Pursuant to the June 23, 1994 Labor Code; the April 2, 2002 Law Amending and
Supplementing a Number of Articles of the Labor Code;
At the proposal of the Ministry of Labor, War Invalids and Social Affairs,
DECREES:
Article 1.- To amend and
supplement a number of articles of the Government's Decree No. 81/CP of
November 23, 1995 detailing and guiding the implementation of a number of
articles of the Labor Code regarding disabled laborers as follows:
1. To amend and supplement
Article 1 as follows:
"Article 1.- Disabled laborers defined in this Decree are laborers
who, regardless of the cause of disability, lack one or many body parts or
functions demonstrated in different forms of disability, have their working
ability decreased by 21% or more, which is certified by the medical examination
council or competent medical agencies according to the regulations of the
Ministry of Health."
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"a/ Having disabled
laborers accounting for more than 51% of the total number of laborers."
3. To amend and supplement
Clause 2, Article 5 as follows:
"2. The employment fund for
the disabled shall be formed from the following sources:
a/ Local budgets;
b/ Amounts collected from
enterprises for their failure to employ a sufficient number of disabled
laborers as prescribed in Article 14 of this Decree.
c/ Aid from organizations and
individuals inside and outside the country;
d/ Other revenue sources."
4. To add the following Article
5a:
"Article 5a.-
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5. To amend and supplement
Clause 2 of Article 12 as follows:
"2. The Ministry of Labor,
War Invalids and Social Affairs shall assume the prime responsibility for, and
coordinate with the Ministry of Finance in, guiding concretely the exemption
and reduction of school fees and the provision of social allowances prescribed
in Clause 1 of this Article."
6. To amend and supplement
Clause 1 of Article 13 as follows:
"1. Annually, the national
target program on education and training shall earmark a fund to support the
short-term job training for the disabled.
The Ministry of Labor, War
Invalids and Social Affairs shall assume the prime responsibility for, and
coordinate with the concerned agencies in, allocating and guiding the spending
of the fund to support the short-term job training for the disabled from their
annual funds reserved for job training."
7. To amend and supplement
Clause 1 of Article 15 as follows:
"1. Enterprises which
employ a number of disabled laborers lower than the percentage prescribed in
Article 14 of this Decree must pay monthly into the employment fund reserved
for the disabled a sum of money equal to the current State-prescribed minimum
wage multiplied by the number of disabled laborers they need to additionally
employ in order to reach the prescribed percentage."
Article 2.- This Decree takes
effect 15 days after its publication in the Official Gazette.
Article 3.- The Ministry of
Labor, War Invalids and Social Affairs, the Ministry of Health, the Ministry of
Finance and the Ministry of Planning and Investment shall have to guide the
implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai