This Circular amends and supplements regulations on handling projects borrowing from the National Employment Support Fund that are at risk, allowing the Chairman of the Provincial People's Committee, Ministers, and Heads of Central Agencies to decide on reducing, waiving interest, or suspending debt repayment. At the same time, it guides procedures for considering debt write-off and new loans to address the consequences of risks.
适用范围
Projects using borrowed funds from the National Employment Support Fund that are at risk; Chairmen of Provincial People's Committees, Ministers of Ministries, Heads of Central Agencies, organizations, mass associations; State Treasury at all levels.
要点
- The Chairman of the Provincial People's Committee, Ministers, and Heads of Central Agencies have the authority to decide on reducing, waiving interest, or suspending debt repayment for risky projects.
- Borrowers who suffer total loss of assets or a significant portion of their assets and truly cannot repay the debt may be considered for partial or full debt write-off.
- The Chairman of the Provincial People's Committee reviews and approves the decision to suspend debt repayment while awaiting the decision on debt write-off, and simultaneously proposes debt write-off according to regulations.
- The Central State Treasury bases its execution of procedures to transfer funds from the risk reserve fund to the State Treasury of the province on the authorized decision to write off debts.
- Individuals who have had their debts suspended or written off, if they need new loans to restore production, develop business, and create jobs, will be considered for resolution.
🌐 本文件的社会影响
- Positive impact: Reduces financial burden for borrowers facing risks, helping them continue business operations.
- Negative impact: May cause unfairness if debt write-off considerations are not fair or transparent.
❓ 常见问题
Who has the authority to decide on reducing, waiving interest, or suspending debt repayment?
The Chairman of the Provincial People's Committee, Ministers of Ministries, and Heads of Central Agencies of organizations, mass associations.
Which borrowers at risk may be considered for debt write-off?
Borrowers who suffer total loss of assets or a significant portion of their assets and truly cannot repay the debt; borrowers who have died or gone missing without heirs or heirs who cannot repay the debt on behalf of the borrower.
How long does it take to consider a decision on debt write-off?
Specific time is not mentioned, but the process of requesting and reviewing must be completed during the period awaiting the decision on debt write-off.
Can individuals who have had their debts suspended or written off obtain new loans?
Yes, these individuals, if they need new loans to restore production, develop business, and create jobs, will be considered for resolution.
How was risk handling before April 1, 1999?
If the borrower submits a request, local authorities confirm, and the Department of Labor, Invalids, and Social Affairs collaborates with the State Treasury to compile and report to the Chairman of the Provincial People's Committee for consideration and decision or issue a confirmation document for those affected by risks.
全文
JOINT CIRCULAR
Guidelines for amending and supplementing certain points in Circular
No. 08/1999/TTLT/BLĐTBXH-BTC-BKHĐT dated March 15, 1999 on
guiding the handling of projects borrowing funds from the National Employment Support Fund
(National Employment Resolution Fund) that are at risk.
Pursuant to Decision No. 126/1998/QĐ-TTg dated July 11, 1998 of the Prime Minister approving the National Target Program on Employment until 2000, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Planning and Investment issued Circular Joint Circular No. 08/1999/TT-LT/BLDTBXH-BTC-BKHĐT dated March 15, 1999 on guiding the handling of projects borrowing funds from the National Employment Support Fund (National Employment Resolution Fund) that are at risk;
To facilitate the handling of projects at risk and simplify procedures, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Planning and Investment issue guidelines for amending and supplementing certain points in Circular Joint Circular No. 08/1999/TT-LT/BLDTBXH-BTC-BKHĐT dated March 15, 1999 on guiding the handling of projects borrowing funds from the National Employment Support Fund (National Employment Resolution Fund) that are at risk as follows:
I. AMENDMENTS AND SUPPLEMENTS:
1. Amend Point 3, Section I as follows:
"3. Authority to handle risky projects: The joint ministries authorize the Chairman of the People's Committee of provinces and centrally governed cities (hereinafter referred to as the province); the Ministers of relevant Ministries; the Heads of central agencies of mass organizations to decide on reducing, exempting interest, or suspending debt repayment. The Minister of Labor, Invalids and Social Affairs shall consider and decide to write off debts for risky projects based on the proposals of the Chairman of the People's Committee of the province, the Ministers of relevant Ministries, and the Heads of central agencies of mass organizations after obtaining the opinions of the Minister of Finance and the Minister of Planning and Investment."
2. Amend Point 1, Section II as follows:
"1. Objectives and scope of application:
- Projects using borrowed funds for approved purposes that have suffered losses due to objective reasons beyond the control of the borrower (referred to as force majeure), including: natural disasters (earthquakes, typhoons, floods, droughts); fires; epidemics;
- Borrowers who are frequently ill; suffer from mental illness; have particularly difficult circumstances with no place to rely on; die, go missing without heirs, or whose heirs truly lack the ability to repay the debt on behalf of the borrower;
- Borrowers whose collateral assets are damaged during the liquidation process due to force majeure or depreciation due to market price fluctuations, thus not having sufficient value to repay the debt."
3. Amend Subparagraph c, Point 2, Section II as follows:
"c. Debt write-off: For projects where the borrower has suffered total loss of assets; significant loss of assets and truly lacks the ability to repay the debt; the borrower has died or gone missing but there are no heirs or the heirs lack the ability to repay the debt on behalf of the borrower, partial or full debt write-off may be considered."
4. Amend the second bullet point under Subparagraph c, Point 4, Section II as follows:
" - The Chairman of the Provincial People's Committee reviews and approves the suspension of debt repayment while awaiting a decision on debt write-off, and sends a letter requesting debt write-off (along with Model Form 3c and legal documentation of the debtor seeking debt write-off according to Circular Joint Circular No. 08/1999/TT-LT) to the Ministry of Labor, Invalids and Social Affairs for consideration and resolution."
5. Amend Subparagraph e, Point 4, Section II as follows:
" e. For the joint ministries of Labor, Invalids and Social Affairs, Finance, Planning and Investment, and State Treasury at all levels:
- The Office of the National Program on Employment takes the lead and coordinates with related units to review applications and compile lists of projects requesting debt write-off. After receiving written opinions from the Minister of Finance and the Minister of Planning and Investment, the Minister of Labor, Invalids and Social Affairs issues a decision on debt write-off according to Point 1, Section I of this Circular.
- The Central State Treasury bases its procedures for transferring reserve risk fund capital to the provincial State Treasury to cover the amount of debt write-off, and guides lower-level State Treasuries to follow the procedures for debt write-off.
- The provincial and county State Treasuries follow decisions on reducing, exempting interest, suspending debt repayment, or writing off debt made by competent authorities, and implement these measures for individual borrowers, compiling results and sending them to the Central State Treasury."
6. Supplement Point 5 to Section II as follows:
" 5. New loans to address the consequences of risks:
Borrowers who have had their debts suspended or written off and who need new loans to restore and develop production and create employment may be considered for new loans within the available local funding sources. The procedures, loan amounts, terms, and interest rates for such loans shall comply with current regulations governing loans from the National Employment Support Fund."
II. IMPLEMENTATION:
1. The People's Committees of provinces, Ministries, and central agencies of mass organizations instruct subordinate functional agencies to strengthen inspections and supervision of project implementation, conduct reviews, and handle risky projects according to the provisions of this Circular; For those who do not qualify for debt suspension or write-off but deliberately delay or evade debt repayment, legal action should be taken against the illegal appropriation of state property.
2. This Circular takes effect 15 days after its issuance; For cases of risk prior to April 1, 1999, if difficulties arise in establishing verification records of risk and the borrower submits a request confirmed by local authorities, the Department of Labor, Invalids and Social Affairs will coordinate with the State Treasury to compile and report the reasons to the Chairman of the People's Committee of the province for consideration and decision, or send confirmation of the risk cases to the Ministers of relevant Ministries and Heads of central agencies of mass organizations for consideration and decision. In special cases, the People's Committees of provinces, Ministries, and central agencies of mass organizations shall submit letters to the joint ministries for specific case resolution.
During implementation, if any difficulties arise, they are requested to be reported promptly to the joint ministries of Labor, War Invalids and Social Affairs - Finance - Planning and Investment for study and resolution.
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