Decree No. 116/2004/ND-CP on Amending and Supplementing Certain Provisions of Decree No. 81/CP dated November 23, 1995 detailing and guiding the implementation of certain provisions of the Labor Code concerning disabled workers.

DECREE OF THE GOVERNMENT

Regarding amendments and supplements to certain articles of Decree No. 81/CP

dated November 23, 1995 detailing and guiding the implementation of certain provisions of the Labor Code concerning disabled workers

Amending and supplementing certain articles of Decree No. 81/CP dated November 23, 1995 of the Government detailing and guiding the implementation of certain provisions of the Labor Code concerning disabled workers as follows:

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Labor Code on June 23, 1994; Law Amending and Supplementing Certain Articles of the Labor Code on April 2, 2002;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

Article 1. Article 1. Disabled workers as defined in this Decree are workers who, regardless of the cause of disability, have deficiencies in one or more body parts or functions, manifesting in various forms of disability, with a reduction in work capacity of 21% or more, confirmed by the Medical Appraisal Board or competent health authority in accordance with the regulations of the Ministry of Health.

1. Amend and supplement Article 1 as follows:

2. Amend and supplement paragraph a of Clause 2 of Article 3 as follows:

"a) More than 51% of the workforce are disabled workers."

3. Amend and supplement Clause 2 of Article 5 as follows:

"2. The employment fund for disabled workers shall be formed from the following sources:

a) From local budgets;

b) Revenue from enterprises that fail to employ the required number of disabled workers as stipulated in Article 14 of this Decree;

c) Assistance from domestic and foreign organizations and individuals;

d) Other revenue sources."

4. Add Article 5a as follows:

"Article 5a. Disabled persons and production and business establishments exclusively for disabled persons may borrow funds at preferential interest rates from the Social Policy Bank's poverty alleviation and job creation loan fund to create jobs."

"2. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Finance to provide detailed guidance on the exemption and reduction of tuition fees and social assistance stipulated in Clause 1 of this Article."

5. Amending and supplementing Clause 2 of Article 12 as follows:

6. Amend and supplement Clause 1 of Article 13 as follows:

"1. Annually, the National Target Program on Education and Training shall allocate a portion of its budget to support short-term vocational training for disabled persons. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with relevant agencies to arrange and guide the implementation of the budget allocated for short-term vocational training for disabled persons within the annual vocational training budget."

7. Amend and supplement Clause 1 of Article 15 as follows:

"1. Enterprises that employ fewer disabled workers than the prescribed ratio under Article 14 of this Decree must pay monthly into the Employment Fund for Disabled Workers an amount equal to the current minimum wage set by the State multiplied by the number of additional disabled workers the enterprise needs to hire to meet the prescribed ratio."

The Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, the Ministry of Finance, and the Ministry of Planning and Investment shall be responsible for guiding the implementation of this Decree.

Article 2. This Decree takes effect fifteen days after its publication in the Official Gazette.

Article 3. Ministers, heads of ministerial-level agencies, heads of agencies under the Government, Chairpersons of Provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.

Article 4. The Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree.