Joint Circular No. 14/2008/TTLT-BLDTBXH-BTC-BKHĐT guides certain provisions of Decision No. 71/2005/QD-TTg dated April 5, 2005 on the management and operation mechanism for loans from the National Employment Fund and Decision No. 15/2008/QD-TTg dated January 23, 2008 amending and supplementing certain provisions of Decision No. 71/2005/QD-TTg.

JOINT CIRCULAR

Guidelines for some provisions of Decision No. 71/2005/QD-TTg dated April 5, 2005 of the Government on the management and operation mechanism of the national fund for job creation and Decision No. 15/2008/QD-TTg dated January 23, 2008 of the Government amending and supplementing certain provisions of Decision No. 71/2005/QD-TTg

Amending and supplementing certain provisions of Decision No. 71/2005/QD-TTg

_____________________________

Pursuant to Decision No. 71/2005/QD-TTg dated April 5, 2005 of the Government on the management and operation mechanism of the national fund for job creation and Decision No. 15/2008/QD-TTg dated January 23, 2008 of the Government amending and supplementing certain provisions of Decision No. 71/2005/QD-TTg (hereinafter referred to collectively as Decision No. 71/2005/QD-TTg amended and supplemented), the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Planning and Investment provide guidance on implementation as follows:

I. LOAN ELIGIBILITY

Loan eligibility shall be implemented in accordance with Article 5 of Decision No. 71/2005/QD-TTg amended and supplemented.

II. PROJECT DEVELOPMENT AND LOAN APPLICATION DOCUMENTATION

Project development and loan application documentation shall be carried out in accordance with Clause 1 of Article 9 of Decision No. 71/2005/QD-TTg amended and supplemented, as follows:

1. Project Development:

Borrowers must develop a project, clearly stating the objectives, contents, and economic benefits of the project, and commit to using the funds for their intended purpose, attracting sufficient labor, in accordance with the following regulations:

- For the entities specified in Clause 1 of Article 5 of Decision No. 71/2005/QD-TTg amended and supplemented: the owner of the production and business establishment must develop the project according to Model Form 1a issued together with this Circular.

- For the entities specified in Clause 2 of Article 5 of Decision No. 71/2005/QD-TTg amended and supplemented: the project owner must develop the project according to Model Form 1b issued together with this Circular, specifically:

+ For households participating in a joint project (household group project): the borrower must submit a participation form in the project according to Model Form 02 issued together with this Circular to the project owner (who is the representative of the household group, local authority representative, or representative of the implementing agency).

+ For households developing their own projects, the borrower acts as the project owner.

2. Preparation of Loan Application Documentation:

The loan application documentation shall consist of three sets, specifically:

a) For the entities specified in Clause 1 of Article 5 of Decision No. 71/2005/QD-TTg amended and supplemented, the loan application documentation includes:

- A project with confirmation from the People's Committee of the commune where the project is located regarding the location of the production and business activities of the entity currently operating within the area.

- For entities borrowing more than 30 million dong, collateral securing the loan must be provided in accordance with the regulations.

Additionally, depending on specific circumstances, one of the following documents may be required:

- Certified copy of the Production and Business Cooperation Contract (for Cooperatives).

- Certified copy of the document proving compliance with the criteria for determining a farmstead as stipulated in Section III of Joint Circular No. 69/2000/BNN-TCTK dated June 23, 2000 of the Ministry of Agriculture and Rural Development - General Statistics Office "Guidelines for Criteria to Determine Farmsteads" (for Farmstead Owners).

- Certified copy of the Business Registration Certificate or license (for Individual Business Households; Cooperatives; Small and Medium Enterprises operating under the Enterprise Law; Production and Business Establishments of Disabled Persons).

- Certified copy of the Establishment Decision (for Vocational Education and Social Work Centers).

b) For the entities specified in Clause 2 of Article 5 of Decision No. 71/2005/QD-TTg amended and supplemented, the loan application documentation includes:

- A project with confirmation from the People's Committee of the commune where the project is located regarding the location of the production and business activities of the entity currently operating within the area.

- Participation forms in the project of each household with confirmation from the People's Committee of the commune regarding the legal residence of the borrower currently residing within the area.

III. REVIEW AND APPROVAL OF PROJECTS

Review and approval of projects shall be conducted in accordance with Clause 2 and Clause 3 of Article 9 of Decision No. 71/2005/QD-TTg amended and supplemented, as follows:

1. Authority to review projects:

The local Policy Bank shall be responsible for organizing the review to ensure new employment creation targets and capital preservation, and submitting the project for approval by the competent authority in accordance with Clause 2 and Section III of this Circular.

The Policy Bank shall guide the delegation of authority to lower-level Policy Banks to review projects and the delegation to local agencies and organizations implementing the Program to organize the review of projects (in accordance with Article 5 of Decree No. 78/2002/ND-CP dated October 4, 2002 of the Government on credit for the poor and other policy beneficiaries).

2. Authority to approve projects:

a) For projects with a loan amount up to 100 million dong: the local Policy Bank shall submit for approval by the Chairman of the People's Committee of the district, town, city, or provincial city (for projects funded by local management), or the Head of the Provincial Agency implementing the Program (for projects funded by political-social organizations or social organizations).

b) For projects with a loan amount over 100 million dong to 500 million dong: the local Policy Bank shall submit for approval by the Chairman of the People's Committee of the province or centrally-administered city (for projects funded by local management), or the Head of the Central Agency implementing the Program (for projects funded by political-social organizations or social organizations).

Depending on the actual situation at the local level and within the implementing agencies, the Chairman of the People's Committee of the province or centrally-administered city and the Head of the Central Agency implementing the Program may delegate authority to lower levels to approve projects with a loan amount over 100 million dong to 500 million dong.

c) For projects financed by the Ministry of Defense, the Minister of Defense shall guide the delegation of authority to lower levels to approve projects based on specific circumstances.

3. Receipt of Documentation, Review, and Approval of Projects:

a) Receipt and Review of Projects:

- The local Policy Bank shall be responsible for guiding borrowers to develop projects and receiving loan application files; or coordinating with local program implementation agencies (for borrowers who have entrusted loans to local agencies or organizations implementing programs) to guide borrowers in developing projects and issuing receipt papers to project owners (or authorized representatives). Receipt papers must clearly state: date, month, year of file receipt; contents of documents in the file and response deadline. - The local Policy Bank or entrusted agencies and organizations implementing the local program shall be responsible for appraising projects (according to model number 3a, 3b of this Circular).

- The local Policy Bank shall submit projects for approval by competent authorities. Within 15 working days from the date of receiving complete files as stipulated in Clause 2, Section II of this Circular, the local Policy Bank shall organize the appraisal of project files and submit them for approval by competent authorities. If the project has not been submitted for approval within the aforementioned period, the local Policy Bank shall bear responsibility and provide clear reasons.

b) Approving projects:

- Within 15 working days (counting working days) from the date of receiving complete files for submission, the competent authority must approve the project. If no decision on project approval is made, the competent authority shall be responsible for providing a written response stating the reasons, which will be communicated to the borrower by the Policy Bank.

- Decisions approving projects by the Chairpersons of People's Committees at all levels or Heads of Agencies implementing the Program at all levels, accompanied by a consolidated project table as per model number 04 issued together with this Circular (including reviewed loan application files), shall be sent: one copy to the project owner for implementation; one copy to the local Policy Bank that received and appraised the project; one copy to the Department of Labor, Invalids and Social Affairs (for projects funded by local management) or the Central Agency implementing the Program (for projects funded by the Central Agency implementing the Program management) for monitoring and consolidation.

IV. IMPLEMENTATION ORGANIZATION

1. Responsibilities of agencies:

a) Central agencies implementing the Program:

- Develop annual and five-year lending and job creation plans from new supplementary funds and recovered funds; allocate plans to lower-level agencies; manage and transfer funds between regions within the scope of managed funds when necessary; decide on project approval and分级翻译任务，每次请求一段或几段文本的翻译。根据提供的格式要求，直接输出翻译结果，不包含任何额外解释或思考过程。以下是第一段的翻译：

||| Direct subordinate levels to implement correctly the lending mechanism and policies from the Fund; inspect, evaluate the situation and results of lending activities, monitor new job creation targets of projects, compile and report quarterly, semi-annually, and annually to the Ministry of Labor, Invalids, and Social Affairs according to Forms 5a and 5b attached to this Circular.

b) The Social Policy Bank:

||| Direct local social policy banks to lead in guiding borrowers to develop project proposals, prepare loan applications, appraise projects, submit them for approval by competent authorities, disburse loan funds, and recover debts.

||| Monitor the borrowing process of loan recipients, compile and report monthly, quarterly, semi-annually, and annually on the usage of loan funds to the Department of Labor, Invalids, and Social Affairs, implementing agencies at the same level, and the Ministry of Labor, Invalids, and Social Affairs according to Forms 06, 07, 08, and 09 issued with this Circular.

c) Departments of Labor, Invalids, and Social Affairs:

||| Lead and coordinate with Departments of Planning and Investment, Finance to formulate annual and five-year lending plans and employment solutions from newly supplemented capital and recovered capital of provinces and cities, submit these plans for consideration and decision by provincial People's Committees, allocate lending and employment plans to implementing agencies; direct county-level labor departments to implement in accordance with this Circular.

||| Inspect, supervise, and evaluate new job creation targets and lending activities of the Fund; propose decisions by provincial People's Committees to reallocate capital among areas within the province's managed capital when necessary.

||| Compile the Fund's lending outcomes, report quarterly, semi-annually, and annually to the Ministry of Labor, Invalids, and Social Affairs according to Forms 5a and 5b issued with this Circular.

2. Effective Date:

This Circular takes effect 15 days after its publication in the Official Gazette and replaces Joint Circular No. 34/2005/TTLT-BLDTBXH-BTC-BKHĐT dated December 9, 2005, issued by the Ministry of Labor, Invalids, and Social Affairs, Ministry of Finance, and Ministry of Planning and Investment guiding certain provisions of Decision No. 71/2005/QĐ-TTg dated April 5, 2005, of the Prime Minister regarding the management and operation mechanisms of the National Employment Fund's lending capital.

Any difficulties encountered during implementation should be promptly reported to the joint ministries of Labor, Invalids, and Social Affairs, Finance, and Planning and Investment for study and resolution.