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THE PRIME
MINISTER OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No: 12/2024/QD-TTg
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Hanoi, July 31,
2024
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DECISION
ON MECHANISMS AND
POLICIES FOR EMPLOYMENT AND VOCATIONAL TRAINING FOR HOLDERS OF EXPROPRIATED
LAND
Pursuant to the Law on Government Organization
dated June 19, 2015; Law amending a number of articles of the Law on Government
Organization and the Law on Local Government Organization dated November 22,
2019;
Pursuant to the Land Law dated January 18, 2024;
At the request of the Minister of Labor, War
Invalid and Social Affair;
The Prime Minister issues a Decision on
mechanisms and policies for employment and vocational training for holders of
expropriated land.
Article 1. Scope
This Decision provides mechanisms and policies for
employment and vocational training for holders of expropriated land as
prescribed in Clause 2 and Clause 3 of Article 109 of the Land Law dated
January 18, 2024.
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1. Holders of expropriated land include:
a) Households, individuals eligible for support as
prescribed by clause 2 of Article 102 of Land Law and documents elaborating
Land Law (hereinafter referred to as “holder(s) of expropriated agricultural
land”)
b) Households, individuals as prescribed by clause
3 of Article 102 of Land (hereinafter referred to as “holder(s) of expropriated
business land”).
2. Agencies, enterprises, organizations and
individuals related to contents specified in Article 1 of the Decision.
Article 3. Requirements for assistance in
employment in Vietnam and going abroad as guest workers
Holders of expropriated land shall receive
assistance in domestic employment and going abroad as guest workers if they
satisfy the following requirements: Being employees as specified in clause 1 of
Article 3 of Law on Employment 38/2013/QH13 dated November 16, 2013 of the
National Assembly.
Article 4. Duration of assistance
Holders of expropriated land shall receive the
assistance within 05 years from the issuance day of the Decision on land
expropriation.
Article 5. Assistance in vocational training
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2. Holders of expropriated land participating in intermediate
and college-level vocational training courses shall have their tuition fee of a
course covered.
The covered tuition fee is equal to the actual
tuition fee of the vocational education institution, but must not exceed the
ceiling for public vocational education institutions self-covering recurrent
expenses as prescribed by law.
3. Holders of expropriated land participating in
elementary, intermediate, college-level vocational training courses, training
courses of under 3 months, are eligible for credit loans for students.
Lending methods, loan limit, loan terms, loan
interest rates, documentation and procedures for lending shall comply with the
Prime Minister's regulations on credit for students.
4. The financial assistance in vocational training specified
in Clause 1 and Clause 2 of this Article is built into the training, career
change, and job search plan and is included in the investment cost of the
project or the total cost of the recompense, assistance, and resettlement plan
approved by the competent state agency.
5. Holders of expropriated land shall receive
assistance in vocational training once as regulated in the Article.
Article 6. Assistance in employment in Vietnam
Holders of expropriated land shall receive the
following assistance:
1. Free consultancy and job recommendations at
employment centers;
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Article 7. Assistance in going abroad as guest
workers
1. Holders of expropriated agricultural land going
abroad as guest workers shall receive assistance in accordance with regulations
of the Prime Minister on policies on assistance for Vietnamese guest workers.
2. Holders of expropriated business land going
abroad as guest workers shall receive same assistance as holders of
expropriated agricultural land specified in clause 1 of this Article.
3. The financial assistance in going abroad as
guest workers specified in Clause 1 and Clause 2 of this Article is built into
the training, career change, and job search plan and is included in the
investment cost of the project or the total cost of the recompense, assistance,
and resettlement plan approved by the competent state agency.
4. Holders of expropriated land shall receive
assistance in going abroad as guest workers once as regulated in the Article.
Article 8. Assistance in borrowing loans for
going abroad as guest workers
1. Holders of expropriated land are entitled for
preferential loans for going abroad as guest workers from the Vietnam Bank for
Social Policies.
2. Lending requirements:
a) Have full capacity for civil conduct;
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c) Have permanent residence registration in the
area where the Social Policy Bank handles lending procedures for holders of
expropriated land;
d) Have loan security according to law for loans
over 100 million VND.
3. Holders of expropriated agricultural land going
abroad as guest workers shall receive assistance in accordance with regulations
of the Prime Minister on policies on assistance for Vietnamese guest workers.
4. The interest rates for loans shall be the same
as the rates for poor households for each period prescribed by the Prime
Minister.
5. Interest rate of overdue debts shall be 130% of
the interest rate specified in clause 4 of this Article.
6. The maximum loan term is equivalent to the
duration of the contracts for the provision of Vietnamese guest worker
services, excluding any renewal periods.
7. Debts with loan capital risk shall be handled in
accordance with the Government's regulations on the mechanism for handling risk
debts at the Social Policy Bank.
8. The Social Policy Bank shall provide guidance on
documentation, procedures for borrowing loan, determining repayment terms,
adjusting loan terms, extension of a loan term, and delinquency.
Article 9. Implementation
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2. The Social Policy Bank
shall provide holders of expropriated land access to loans in accordance with
this Decision.
3. Before December 15 every year and upon request,
the People's Committees of provinces and centrally affiliated cities shall
report the results of vocational training and employment for holders of
expropriated land to the Ministry of Labor, War Invalids and Social Affairs for
review and report to the Prime Minister.
4. People's Committees of districts, towns, cities
affiliated to provinces and centrally affiliated cities shall develop and organize
the implementation of training, career change, and job search plans for holders
of expropriated land.
Article 10. Effect and responsibility for
implementation
1. This Decision comes into force from August 1,
2024 and replaces Decision No. 63/2015/QD-TTg dated December 10, 2015 of the
Prime Minister on policies assistance in vocational training and employment or
workers whose land is expropriated.
2. Holders of expropriated land that borrow loans
from the Social Policy Bank in accordance with Decision No. 63/2015/QD-TTg
dated December 10, 2015, of the Prime Minister on policies assistance in
vocational training and employment, or workers whose land is expropriated,
shall continue to carry out the signed contracts.
3. Ministers, Heads of ministerial-level agencies,
Heads of Government agencies, Chairmen of People's Committees of provinces and
centrally affiliated cities and relevant agencies, organizations and
individuals are responsible for implementing this Decision.
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