THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
81/CP
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Hanoi,
November 23, 1995
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DECREE
STIPULATING
IN DETAILS AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LABOR
CODE FOR DISABLED LABORERS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Labor Code of June 23, 1994; and
At the proposal of the Minister of Labor, War Invalids and Social Affairs;
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1.- Disabled
persons mentioned in this Decree are those whose working ability has been
diminished by 21% or more, as certified by the Medical Evaluation Council.
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1. Vocational training centers
for disabled people mentioned in this Decree include schools and centers
founded by the State, organizations and individuals to provide training,
re-training and skill upgrading for the disabled as provided for by the law.
2. Vocational training centers
for the disabled people must have at least 70% of the enrollment made up of
disabled people.
Article 3.-
1. Production and business
establishments for disabled laborers, as mentioned in this Decree, include
State-owned enterprises, private enterprises, companies, co-operatives,
production groups organized in accordance with the law;
2. Production and business
establishments for the disabled laborers must meet the following requirements:
a) Having 10 laborers or more,
at least 51% of whom are disabled;
b) Having regulations or
statutes suitable for disabled laborers.
Article 4.-
Each year, the Ministry of Labor, War Invalids and Social Affairs shall preside
over and collaborate with the Ministry of Finance and the Ministry of Planning
and Investment in preparing a plan to submit to the Government for reserving a
portion of the budget to help the disabled recover their health and working
ability, to take vocational training and find employment; to provide assistance
for vocational training centers and production or business establishments
reserved for the disabled; to provide assistance to businesses which provide
vocational training and jobs for the disabled at a ratio higher than that
specified in Article 14 of this Decree.
Article 5.-
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2. The job-creation funds for
the disabled may come from the following sources:
a) The local budgets;
b) The national employment fund;
c) Revenues collected monthly
from businesses which fail to take in the requisite number of disabled laborers
as provided for in Article 14 of this Decree;
d) Aid from organizations and
individuals, both in the country and abroad;
e) Other sources of revenue.
3. Job-creation funds for the
disabled shall be used for the following purposes:
a) To provide assistance to the
following objects:
- Vocational training centers
and production and business establishments for the disabled for the
construction of the initial material and technical foundations, the maintenance
of vocational training and the expansion of production;
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b) To provide loans with low
interest rates to the following objects:
- Vocational training centers
and production and business establishments for disabled people;
- Individuals and groups of
disabled laborers;
- Vocational training centers
accepting disabled people for training;
- Businesses taking in more
disabled laborers than the ratio specified in Article 14 of this Decree.
c) Activities to assist the
disabled to recover their working ability.
Article 6.-
1. The Ministry of Finance shall
preside over and collaborate with the Ministry of Labor, War Invalids and
Social Affairs and the Ministry of Planning and Investment in guiding the
creation and use of the job-creation funds for the disabled in the provinces
and cities directly under the Central Government.
2. The Ministry of Labor, War
Invalids and Social Affairs shall examine the utilization of these funds to
ensure that these are used for the right purposes and the right objects.
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PREFERENTIAL
POLICIES FOR VOCATIONAL TRAINING CENTERS, PRODUCTION AND BUSINESS
ESTABLISHMENTS RESERVED FOR THE DISABLED.
Article 7.- Vocational
training centers, production and business establishments reserved for disabled
people are entitled to a portion of the budget of the job-creation funds for
the disabled in the provinces and cities directly under the Central Government,
when they have projects for training and re-training disabled laborers, for
maintaining and expanding production, accepting more disabled laborers or
setting up the initial material and technical foundations.
The amount to be granted shall
be determined in accordance with the stipulations of the Ministry of Labor, War
Invalids and Social Affairs, the Ministry of Finance and the Ministry of
Planning and Investment.
Article 8.-
Vocational training centers, production and business establishments reserved
for the disabled which have projects for job training and production
development, shall be entitled to borrow capital at low interest rate from the
job-creation funds for the disabled in the provinces and cities directly under
the Central Government, and from other sources of the State fund.
Article 9.-
Vocational training centers, production and business establishment for disabled
people shall be given priority in the allotment or lease of land in locations
convenient for the organization of vocational training, production and business
for disabled people.
Article 10.-
Vocational training centers, production and business establishments for the
disabled are exempt from taxes of all kinds. The procedures for tax exemption
shall comply with the stipulations of the Ministry of Finance.
Article 11.-
Donations from the State, organizations and individuals, at home and abroad,
are the property of the State assigned to the vocational training centers,
production and business establishments for disabled people to manage and use
for the common benefit of the collective and cannot be allocated to any
individual.
Article 12.-
1. The disabled persons who take
vocational training or upgrade their skills at vocational training centers
managed by the State shall receive the following benefits:
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b) Tuition exemption for those
who have lost 41% or more of their working ability. During the vocational
training or upgrading period, the disabled people who have lost more than 41%
of their working ability and do not receive salaries, cost-of-living allowances
or scholarship, shall be given a monthly social welfare allowance of 100,000
VND from the State Budget.
2. The Ministry of Education and
Training shall coordinate with the Ministry of Labor, War Invalids and Social
Affairs and the Ministry of Finance in providing detailed guidance for the
tuition fee exemption or reduction and social welfare provision as stipulated
in Item 1 of this Article.
Chapter III
RIGHTS
AND DUTIES OF VOCATIONAL TRAINING CENTERS AND BUSINESS ACCEPTING DISABLED
PERSONS FOR TRAINING AND WORKING
Article 13.-
1. Establishments accepting
disabled people for vocational training shall be considered for reduction of
tax on their revenue collected from the training as provided for by the
Ministry of Finance.
2. Establishments accepting disabled
people for vocational training shall be entitled to low interest loans from the
job-creation funds for the disabled in the provinces and cities directly under
the Central Government if they have projects for vocational training.
Article 14.-
1. Enterprises of all economic
sectors and of all forms of ownership shall have to accept disabled laborers at
the following ratio:
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b) 3% for other enterprises.
2. The rate of disabled people
to be accepted by enterprises shall be the ratio of the disabled people to the
average total number of laborers present in each month at the enterprise.
Article 15.-
1. Enterprises having the number
of disabled laborers lower than the requisite ratio stipulated in Article 14 of
this Decree shall have to make a monthly remittance to the creation funds for
the disabled as stipulated by the Ministry of Labor, War Invalids and Social
Affairs and the Ministry of Finance.
2. Enterprises having a number
of disabled laborers higher than the requisite ratio stipulated in Article 14
of this Decree shall, when meeting difficulties in their production or business
or having projects for expansion of production, be considered for low interest
loans or aid from the job-creation funds for the disabled in conformity with
the guidance of the Ministry of Labor, War Invalids and Social Affairs and the
Ministry of Finance.
Article 16.- Establishments
providing vocational training for the disabled or employing disabled laborers
shall, apart from implementing the general provisions of the Labor Code, have
to create favorable conditions for the disabled people to work, such as:
arranging machinery and equipment; providing labor protection facilities,
safety equipment and conditions and labor hygiene, suited to the physical and
psychological conditions of each disability or group of disabilities.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 17.-This Decree
takes effect from the date of its signing. The regulations regarding disabled
laborers which are contrary to this Decree are now annulled.
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Article 19.-The
Ministers, the Heads of ministerial-level agencies, the Heads of agencies
attached to the Government, the Presidents of the People's Committees of
provinces, cities directly under the Central Government are responsible for the
implementation of this Decree.
ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai