THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 61/2015/ND-CP
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Hanoi, July 9,
2015
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DECREE
ON JOB CREATION POLICIES AND NATIONAL EMPLOYMENT FUND
Pursuant to the Law on the organization of
the Government dated December 25, 2001;
Pursuant to the Labor Code dated June 18,
2012;
Pursuant to the Law on employment dated
November 16, 2013;
At the request of the Minister of Labor, War
Invalids and Social Affairs,
The Government promulgates a Decree on job
creation policies and National Employment Fund.
Chapter I
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Article 1. Scope
This Decree provides guidelines for the Labor
Code and the Law on employment in terms of temporary employment policy, support
for guest workers, job creation policies for young people and National
Employment Fund.
Article 2. Regulated
entities
1. The workers prescribed in Clause 1 Article 3
of the Law on employment.
2. The employers prescribed in Clause 2 Article
3 of the Labor Code.
3. Agencies, enterprises, organizations and
individuals relating to contents prescribed in Article 1 of this Decree.
Chapter II
TEMPORARY EMPLOYMENT
POLICY
Section 1. SELECTION AND
NOTIFICATIONS OF PROJECTS OR OPERATIONS ADOPTING TEMPORARY EMPLOYMENT POLICY
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1. The projects or operations prescribed in
Clause 1 Article 18 of the Law on employment that are selected to adopt
temporary employment policy include:
a) The projects or operations in terms of
protection, management and use of soil, water and forest resources; responses
to natural disasters and climate change;
b) The projects or operations in terms of preservation
and development of culture and tourism;
c) The projects or operations in terms of
construction, renovation and maintenance: traffic system, schools, nurseries,
medical stations, markets, facilities serving the culture and sports
operations; irrigation works, dike maintenance; facilities providing
electricity, fresh water and environment hygiene;
d) Other projects or operations serving the
community.
2. Ministers, Heads of ministerial-level
agencies; the Presidents of the People’s Committees of central-affiliated
cities and provinces (hereinafter referred to as provinces); the Presidents of
the People’s Committees of districts, district-level towns, and
provincial-affiliated cities (hereinafter referred to as districts); the
Presidents of the People’s Committees of communes, wards and towns (hereinafter
referred to as communes) shall decide the temporary employment policy adopted
according to each project or operation prescribed in Clause 1 of this Article.
Article 4. Notifications of
projects or operations adopting temporary employment policy
1. Ministries, ministerial-level agencies,
People's Committees of provinces, and People’s Committees of districts shall
notify People’s Committees of communes where projects or operations adopting
temporary employment policy are located in terms of scope and planned pieces of
work; prospected quality, schedule and number of workers participating in the
temporary employment policy.
2. People’s Committees of communes shall
publicly post up notifications prescribed in Clause 1 of this Article at the
head offices, places for community operations and by the means of media of the
communes.
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Article 5. Application for
participation in temporary employment policy
1. Each worker wishing to participate in the
temporary employment policy shall apply for joining projects or operations
prescribed in Article 3 of this Decree with the People’s Committee of commune
where he/she legally resides as prescribed by the Ministry of Labor, War
Invalids and Social Affairs.
2. Each People’s Committee of commune shall make
a list of workers participating in the temporary employment policy, and then
publicly post up it at the head office, places for community operations and by
the means of media of the commune.
Article 6. Selection of
workers participating in temporary employment policy
Each People’s Committee of commune shall
cooperate with contractors (if any), socio-political organizations,
representatives of the communities obtaining benefits from a project or an
operation adopting the temporary employment policy in selection of workers
participating in the temporary employment policy from the list of registered
workers according to the order of precedence as follows:
1. The entities prescribed in Clause 2 Article
19 of the Law on employment.
2. Workers in households whose primary business
is agricultural production.
3. Workers who legally reside in the
administrative division where the project or operation is executed.
Article 7. Benefits for
workers participating in temporary employment policy
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2. With respect to projects or operations
adopting the temporary employment policy in which communities participate as
prescribed in law on bidding, the Ministry of Labor, War Invalids and Social
Affairs shall provide guidance on benefits for workers.
Section 3. IMPLEMENTATION OF
TEMPORARY EMPLOYMENT POLICY
Article 8. Responsibility of
Ministries, ministerial-level agencies and People’s Committees
1. The Ministry of Labor, War Invalids and
Social Affairs shall instruct and inspect the temporary employment policy, and
send reports on the results of implementation of the temporary employment
policy to the Government.
2. Ministries, ministerial-level agencies shall
take charge and instruct the execution of projects or operations adopting the
temporary employment policy; inspect and send reports on results of
implementation of temporary employment policy to the Ministry of Labor, War
Invalids and Social Affairs.
3. People’s Committees shall execute the
projects or operations adopting the temporary employment policy; inspect and
send reports on results of implementation of temporary employment policy as
guided by the Ministry of Labor, War Invalids and Social Affairs.
Article 9. Community’s
monitoring of implementation of temporary employment policy
1. Each community shall monitor the employment
and implementation of regulations applicable to workers participating in the
temporary employment policy in the administrative division.
2. Each socio-political organization shall
monitor the employment and implementation of regulations applicable to workers
participating in the temporary employment policy in the administrative
division.
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SUPPORT FOR GUEST
WORKERS
Article 10. Support for
guest workers
If a worker who is an ethnic, a member of a poor
household, a near poor household or a household having agricultural land
withdrawn, or a relative of people with meritorious services to the revolution
wishes to be a guest worker, he/she shall be eligible for:
1. The support for vocational training, foreign
languages and training of necessary knowledge, including:
a) Tuition fees;
b) Food expenses in real learning time;
c) Travel expenses (round-trip tickets) for the
distance between the residence and the training institution of 15 km or longer
or 10 km or longer applicable to employees who legally reside in severely
disadvantaged areas.
Employees in poor districts may also receive
expenses for accommodation and essential personal items.
2. The financial support for procedures for
passports, visas, check-ups, criminal records before the workers sent abroad to
work as prescribed.
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4. Financial support for training in
professional skills on request of the host country.
5. The Ministry of Labor, War Invalids and
Social Affairs shall take charge and cooperate with relevant agencies in
providing guidelines for procedures and amount of financial support for each
entity.
Article 11. Provision of
loans guest workers
1. Each worker who is a member of a poor
household or a household having agricultural land withdrawn and an ethnic is
entitled to apply to the Vietnam Bank for Social Policies (hereinafter referred
to as VBSP) for loans according to the guest worker program as prescribed.
2. Each worker who is a member of a near poor
household or a relative of people with meritorious services to the revolution
is entitled to apply to National Employment Fund for loans according to the
guest worker program as prescribed in Section 3 Chapter V of this Decree.
Article 12. Support for
development of overseas labor market
1. The support for development of overseas labor
market:
a) Researching and surveying overseas labor
market;
b) Disseminating information about Vietnam
workforce;
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2. The Ministry of Labor, War Invalids and
Social Affairs shall take charge and cooperate with relevant agencies in
providing guidelines for financial support for overseas labor market.
Article 13. Operating
budget
The budget for guest worker programs shall be
allocated from the government budget. The supportive budget for workers living
households having agricultural land withdrawn shall comply with regulations in
the Law on land and guiding documents.
Chapter IV
JOB CREATION FOR YOUNG PEOPLE
Section 1. VOCATIONAL
TRAINING FOR YOUNG PEOPLE COMPLETING MILITARY SERVICE, POLICE DUTIES AND YOUTH
VOLUNTEER
Article 14. Entities
eligible for vocational training
The young people completing military service,
police duties or youth volunteer completing programs and projects in terms of
socio-economic development shall be eligible for vocational training if they
meet all requirements prescribed in Article 15 of this Decree.
Article 15. Requirements
for vocational training
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1. They apply for vocational training with a
period of 12 month from the date on which they complete their military service,
police duties; or programs and projects in terms of socio-economic development;
2. They have not received any other support for
vocational training funded by government budget from the date on which they
complete their military service, police duties; or programs and projects in
terms of socio-economic development.
Article 16. Financial
support for vocational training
1. If the entities prescribed in Article 14 of
this Decree apply for intermediate-level or college-level vocational training,
they shall be eligible for:
a) Tuition fee exemption or reduction and
financial aid as prescribed in the Law on Education, the Law on vocational
education and guiding documents.
b) Taking loans as prescribed in policies on
credits for students in difficulties.
2. If the entities prescribed in Article 14 of
this Decree apply for elementary-level vocational training, they shall be
issued a vocational training voucher that is worth a maximum of 12-month base
salary at the time in which the vocational training is provided and valid for 1
year from the date of issue.
3. The Ministry of Labor, War Invalids and
Social Affairs, the Ministry of National Defense and the Ministry of Public
Security shall provide guidelines for implementation of support for vocational
training applicable to those prescribed in Article 14 of this Decree.
Article 17. Supportive
budget for vocational training
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Section 2. SUPPORTING YOUTH
PEOPLE IN BUILDING CAREER AND STARTING BUSINESSES
Article 18. Supporting
youth people in building career
1. Eligible entities:
a) Students of upper secondary schools;
b) Students of higher education institutions and
vocational education institutions;
c) Graduates of higher education institutions
and vocational education institutions.
2. Contents:
a) Career orientation;
b) Provision of information about jobs and
career;
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d) Probation programs at enterprises and
organizations;
dd) Concessional loans from National Employment
Fund as prescribed.
3. According to the socio-economic condition of
each period, the Ministry of Labor, War Invalids and Social Affairs and
relevant agencies shall request the Prime Minister to decide to support youth
people in building career.
Article 19. Supporting
youth people in starting businesses
1. Eligible entities:
a) Youth people wishing to start their own
businesses;
b) Youth people built up their own businesses.
2. Contents:
a) Provide knowledge about law, enterprise
administration and issues related to starting business;
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c) Concessional loans from National Employment
Fund as prescribed.
3. According to the socio-economic condition of
each period, the Ministry of Labor, War Invalids and Social Affairs and
relevant agencies shall request the Prime Minister to decide to support youth
people in starting businesses.
Chapter V
NATIONAL EMPLOYMENT FUND
Section 1. MANAGEMENT AND
USE OF NATIONAL EMPLOYMENT FUND
Article 20. Use of National
Employment Fund
National Employment Fund (hereinafter referred
to as Fund) shall be used in the following operations:
1. Granting concessional loans to small and
medium-sized enterprises, cooperatives, artels, business households and
employees for job creation, maintenance and extension.
2. Granting concessional loans to guest workers.
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1. The Ministry of Labor, War Invalids and
Social Affairs shall perform the role of regulatory agency in monitoring of the
Fund; cooperate with the Ministry of Finance and the Ministry of Planning and
Investment in allocation of sources of funds and employment targets to People's
Committees of provinces and central agencies of Vietnam Women's Union,
Communist Youth Union of Ho Chi Minh City, Vietnam Farmers' Union, Vietnam
General Confederation of Labour, Vietnam Veterans Association, Vietnam Union of
Cooperatives, and Vietnam Blind Association (hereinafter referred to as
organizations in charge).
2. The People’s Committees of the provinces and
central agencies of organizations in charge shall manage and use the fund
sources of the Fund as prescribed in this Decree.
3. VBSP shall manage the Fund and grant loans as
prescribed in this Decree. The VBSP shall send reports on results of
implementation to the Ministry of Labor, War Invalids and Social Affairs.
Section 2. GRANTING
CONCESSIONAL LOANS TO SMALL AND MEDIUM-SIZED ENTERPRISES, COOPERATIVES, ARTELS,
BUSINESS HOUSEHOLDS AND EMPLOYEES
Article 22. Rules for
granting loans
1. Eligible borrowers for the purposes of
support for job creation, maintenance and extension.
2. Fund preservation.
3. Simple and transparent procedures.
Article 23. Borrowers
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2. Small and medium-sized enterprises,
cooperatives, artels or business households (hereinafter referred to as
business entities) that employ many disabled people or ethnics as prescribed in
Point a Clause 2 Article 12 of the Law on employment, in particular:
a) The business entity employing many disabled
employees means that the number of disabled employees accounts for at least 30%
of the total number of employees;
b) The business entity employing many ethnic
employees means that the number of ethnic employees accounts for at least 30%
of the total number of employees;
c) The business entity employing many disabled
and ethnic employees means that the number of disabled and ethnic employees
accounts for at least 30% of the total number of employees.
Article 24. Maximum loan
1. Regarding business entities, the maximum loan
granted to 1 project is up to VND 1 billion and does not exceed VND 50 million
for 1 employee having job.
2. Regarding employees, the maximum loan is VND
50 million.
Article 25. Loan term
The loan term does not exceed 60 months. The
specific loan term shall be agreed between the VBSP and the borrower according
to the fund sources, business cycle and solvency of the borrower.
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1. With regard to those prescribed in Clause 1
Article 12 of the Law on employment, the loan interest shall equal (=) the loan
interest applicable to poor households in each period as prescribed by the
Prime Minister.
2. With regard to those prescribed in Clause 2
Article 12 of the Law on employment, the loan interest shall equal (=) 50% of
the interest prescribed in Clause 1 of this Article.
3. The overdue interest shall equal (=) 130% of
the loan interest prescribed in Clause 1 and Clause 2 of this Article.
Article 27. Collateral
Regarding the loans of VND 50 million or greater
from the Fund, the business entity must put up their property as collateral as
prescribed by law.
Article 28. Application for
loans
1. Each borrower shall submit an application for
loans to a branch/transaction office of VBSP (hereinafter referred to as the
local VBSP) where the project is executed.
2. Application for loans:
a) An application submitted by an employee
consists of:
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- A copy of the certification of priority entity
prescribed in Point b Clause 2 Article 12 of the Law on employment (if any).
b) An application submitted by a business entity
consists of:
- A loan proposal certified by the People’s
Committee of the commune where the project is executed;
- A copy of any in the following documents:
certificate of enterprise registration, certificate of cooperatives
registration, cooperation contract, or certificate of business household
registration;
- A copy of the certification of priority entity
prescribed in Point a Clause 2 Article 12 of the Law on employment (if any);
- Other documents related to collateral (if
any).
3. The Ministry of Labor, War Invalids and
Social Affairs shall provide guidance on Clause 2 of this Article.
Article 29. Assessment and
approval for application for loans
1. With respect to a project for which the fund
source is managed by the People's Committee of province:
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b) Within 05 working days, from the date on
which the application for loans is received, the President of People’s
Committee of district where the project is executed shall consider approving.
If the application is rejected, they must provide explanation in writing for
the local VBSP.
2. With respect to a project for which the fund
source is managed by an organization in charge:
a) Within 10 working days, from the date on
which the application for loans is received, the local VBSP shall assess and
submit it to the Head of provincial agency of the organizations in charge for
approval;
b) Within 05 working days, from the date on
which the application for loans is received, the Head of provincial agency of
the organizations in charge shall consider approving. If the application is
rejected, they must provide explanation in writing for the local VBSP.
Article 30. Recovery and
use of loans
1. Each local VBSP and relevant agencies shall
recover principal and interest of the due loans, the borrower may agree with
the bank about the repayment of loan before its maturity date. During the loan
period, if any loan amount is used improperly or the employment targets are not
achieved according to the loan proposal, the VBSP, Service of Labor, War
Invalids and Social Affairs, Committee division of Labor, War Invalids and
Social Affairs, or the organization in charge shall request the agency approving
the application for loan to recover the loan before the maturity date.
2. The VBSP shall use the recovered loans to
re-grant loans in order to avoid idle capital.
3. In exceptional circumstances that require
adjustment to the fund sources between the local governments, the organizations
in charge or VBSP shall report the Ministry of Labor, War Invalids and Social
Affairs for consideration. The VBSP shall transfer the fund sources as decided
by the Ministry of Labor, War Invalids and Social Affairs.
Article 31. Use of loan
interests
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a) Build up a reserve fund;
b) Cover expenditures on lending, recovery of
loans, inspection and supervision;
c) Build up the Fund.
2. Loan interests shall be used to pay agencies
cooperating with VBSP in assessment, disbursement, and recovery of loans.
3. The Ministry of Finance shall provide
guidance on use of loan interests as prescribed in this Article.
Article 32. Settlement of
risk loans
Settlement of risk loans shall comply with
regulations on settlement of risk debts at banks for social policies prescribed
by the Government.
Article 33. Formulation and
approval for plans for loans and employment targets
1. Every year, each People's Committee of
province and each central agency of organizations in charge shall formulate a
plan for loans and employment targets and send it to the Ministry of Labor, War
Invalids and Social Affairs. The Ministry of Labor, War Invalids and Social
Affairs shall send the final plan to the Prime Minister for decision.
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Article 34. Fund transfer
1. According to cost estimates of government
budget in terms of the fund source additionally financed for support for job
creation, maintenance and extension, the Ministry of Finance shall finance to
the VBSP. The VBSP shall transfer the fund to local VBSP to implement the
approved plan.
2. If the VSBP mobilizes fund source to grant
loans for job creation, maintenance and extension, it shall be covered interest
difference.
Section 3. GRANTING
CONCESSIONAL LOANS TO GUEST WORKERS
Article 35. Rules for
granting loans
1. Eligible borrowers.
2. Fund preservation.
3. Simple and transparent procedures.
Article 36. Maximum loan
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Article 37. Collateral
Regarding the loans of VND 50 million or
greater, the business entity must put up their property as collateral to apply
for concessional loans for guest worker program.
Article 38. Loan term
The loan term shall not exceed the guest
worker’s working time written on the contract concluded between the worker and
the service provider.
Article 39. Loan interests
1. The loan interest for the guest workers shall
equal (=) the loan interest applicable to poor households in each period as
prescribed by the Prime Minister.
2. The overdue interest shall equal (=) 130% of
the loan interest prescribed in Clause 1 of this Article.
Article 40. Application for
loans
1. Each guest worker wishing to request concessional
loans shall submit an application for loans to the local VSBP in their
residence.
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a) An application for loans as prescribed by the
Ministry of Labor, War Invalids and Social Affairs which certifies the legal
residence of the worker by the People’s Committee of the commune;
b) A copy of the certification of priority
entities prescribed in Clause 2 Article 11 of this Decree;
c) A copy of the contract concluded between the
worker and the service provider;
d) A copy of unexpired passport of the worker;
dd) Other documents related to collateral (if
any).
Article 41. Assessment and
approval for application for loans
Within 10 working days, from the date on which
the application for loans is received, the local VSBP shall carry out the
assessment and approval. If the application is rejected, they must provide
explanation in writing for the worker.
Article 42. Recovery of
loans
1. The VBSP shall recover principal and interest
of the due loans, the borrower may agree with the bank about the repayment of
loan before its maturity date.
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Article 43. Use of loan
interests
1. The loan interests shall be used as follows:
a) Appropriate a reserve fund;
b) Provide for expenditures on lending and
recovery of loans;
c) Add capital for the Fund.
2. The Ministry of Finance shall provide
guidance on use of loan interests as prescribed in Clause 1 of this Article.
Article 44. Settlement of
risk debts
Settlement of risk loans applicable to guest
workers shall comply with regulations on settlement of risk debts at the VSBP
prescribed by the Government.
Article 45. Formulation and
approval for plans for loans
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2. Every year, the Ministry of Labor, War
Invalids and Social Affairs shall provide the approved plan for loans for the
guest workers and the VSBP.
Article 46. Fund transfer
1. According to cost estimates of government
budget in terms of the fund source additionally financed for concessional loans
applicable to guest workers, the Ministry of Finance shall finance to the banks
for social policies. The VBSP shall transfer the fund to local VBSP to
implement the approved plan.
2. If the VSBP mobilizes fund source to grant
concessional loans for guest workers, it shall be covered interest difference.
Chapter VI
IMPLEMENTATION
ARTICLE 47. EFFECT AND IMPLEMENTATION
1. This Decree comes into force from September
1, 2015.
2. The following legislative documents shall be
annulled from the effective date of this Decree: Decision No. 71/2005/QD-TTg
dated April 5, 2005 of the Prime Minister on management and administration of
National Employment Fund and Decision No. 15/2008/QD-TTg dated January 23, 2008
of the Prime Minister on amendments to Decision No. 71/2005/QD-TTg; regulations
on supporting demobilized soldiers in vocational training prescribed in
Decision No. 121/2009/QD-TTg dated October 9, 2009 of the Prime Minister on
operation of vocational training facilities affiliated to the Ministry of
National Defense and policies on supporting demobilized soldiers in vocational
training; Article 4 of Decree No. 03/2014/ND-CP dated January 16, 2014 of the
Government on guidelines for the Labor Code in terms of employment.
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4. The programs or projects for supporting guest
workers that are approved before the effective date of this Decree shall be
carried out according to the approved programs/project.
5. Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, the Presidents of the People’s
Committees of central-affiliated cities and provinces and relevant agencies,
enterprises, organizations or individuals shall implement this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung