Joint Circular No. 19/2005/TTLT/BLDTBXH-BTC-BKHĐT guiding the implementation of Decree No. 81/CP dated November 23, 1995 and Decree No. 116/2004/NĐ-CP dated April 23, 2004 amending and supplementing certain articles of Decree No. 81/CP on detailed regulations and guidance for implementing certain provisions of the Labor Code regarding disabled labor.

CIRCULAR

Issued to guide the implementation of Decree No. 81/CP dated November 23, 1995 and Decree No. 116/2004/NĐ-CP dated April 23, 2004 amending and supplementing certain articles of Decree No. 81/CP dated November 23, 1995 regarding detailed regulations and guidance on certain provisions of the Labor Code concerning disabled workers Pursuant to 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, and Decree No. 116/2004/NĐ-CP dated April 23, 2004 of the Government amending and supplementing certain articles of Decree No. 81/CP dated November 23, 1995 (hereinafter referred to collectively as Decree No. 81/CP as amended and supplemented);

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After receiving opinions from relevant ministries and sectors, the joint circular of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Planning and Investment (hereinafter referred to collectively as the joint ministries) provides guidance as follows:

1. Disabled workers as defined in Article 1 of Decree No. 81/CP as amended and supplemented;

I. APPLICABLE OBJECTS

2. Vocational training institutions established by the State, organizations, and individuals for vocational training, retraining, and supplementary training in accordance with the law;

3. Vocational training institutions exclusively for disabled workers as defined in Article 2 of Decree No. 81/CP as amended and supplemented;

4. Enterprises established in accordance with the Enterprise Law, the State Enterprise Law, and the Law on Foreign Investment in Vietnam;

5. Production and business establishments exclusively for disabled workers as defined in Article 3 of Decree No. 81/CP as amended and supplemented.

II. ESTABLISHMENT, USE, AND MANAGEMENT OF THE DISABLED WORKERS' EMPLOYMENT FUND AT PROVINCES AND CENTRALLY-GOVERNED CITIES

1. Provinces and centrally-governed cities (hereinafter referred to collectively as provincial level) shall be responsible for establishing the Disabled Workers' Employment Fund (hereinafter referred to collectively as the Fund) in accordance with Clause 1 of Article 5 of Decree No. 81/CP as amended and supplemented to assist disabled workers in learning trades, creating jobs, supporting vocational training institutions, production and business establishments exclusively for disabled workers, and supporting other enterprises under all economic sectors that accept a higher proportion of disabled workers for vocational training and employment.

2. Management of the Fund: The Chairman of the People's Committee at the provincial level shall issue a decision to establish the Fund and assign the Director of the Department of Labor, Invalids and Social Affairs to manage the account.

3. The Fund shall be formed from the following sources:

a. Local budget: Annually, based on the local budget capacity and the demand for job creation and vocational training for disabled workers in the locality, the People's Committee at the provincial level shall submit to the People's Council for approval to allocate a portion of the budget to the Fund;

b. Monthly payments from enterprises that fail to meet the required number of disabled workers as stipulated in Articles 14 and 15 of Decree No. 81/CP as amended and supplemented and Section 2, Point B, Chapter VI of this Circular;

c. Donations and assistance from domestic and foreign organizations and individuals;

d. Other revenue sources.

4. The Fund shall be used as follows:

a. To provide support to the following entities:

- Vocational training institutions and production and business establishments exclusively for disabled workers for building, repairing workshops, purchasing machinery and technical equipment, maintaining vocational training, and developing production according to approved projects by competent authorities;

- Other enterprises under all economic sectors accepting a higher proportion of disabled workers than stipulated in Article 14 of Decree No. 81/CP as amended and supplemented when facing difficulties in production and business operations or having development projects but must be reviewed for support by competent authorities;

- Administrative agencies to train and enhance the capacity of personnel involved in vocational training, job counseling, and placement for disabled workers.

b. To provide loans with preferential interest rates (in accordance with the preferential interest rate for disabled workers provided by the Social Policy Bank) to the following entities:

- Vocational training institutions and production and business establishments exclusively for disabled workers;

- Individuals and groups of disabled workers;

- Vocational training institutions accepting disabled workers for vocational training and other enterprises under all economic sectors accepting a higher proportion of disabled workers than stipulated in Article 14 of Decree No. 81/CP as amended and supplemented.

c. To cover not more than 5% of the total income of the Fund for management expenses.

d. The annual surplus of the Fund shall be carried over to the next year. The Fund shall not be used for other purposes.

III. REGIME FOR DISABLED WORKERS

1. Disabled workers undergoing vocational training, supplementary training, and retraining at vocational training institutions managed by the State shall enjoy the benefits prescribed in Clause 1 of Article 12 of Decree No. 81/CP as amended and supplemented. Specifically, disabled workers who are war veterans shall enjoy preferential treatment as prescribed in Circular No. 26/1999/TTLT/BLDTBXH-BTC-BGDĐT dated November 2, 1999 of the joint ministries of Labor, Invalids and Social Affairs, Finance, and Education and Training, and Circular No. 23/2001/TTLT/BTC-BLDTBXH dated April 6, 2001 of the joint ministries of Finance and Labor, Invalids and Social Affairs guiding the implementation of preferential policies in education and training.

2. Disabled workers undergoing short-term vocational training (less than one year) shall be supported with part of their food, accommodation, and travel expenses during the training period from the annual vocational training funds allocated under the National Target Program on Education and Training as prescribed in Clause 1 of Article 13 of Decree No. 81/CP as amended and supplemented. The level of support is prescribed in Subsection b, Point 1, Chapter VII of this Circular.

3. Individuals or groups of disabled workers who create self-employment and require capital for production, business, and services may apply for preferential loans from the National Employment Fund, the Disabled Workers' Employment Fund, and poverty reduction loan funds. The amount, term, interest rate, and procedures for such loans shall comply with the regulations of these funds.

IV. POLICIES FOR VOCATIONAL TRAINING INSTITUTIONS EXCLUSIVELY FOR DISABLED WORKERS

Within twelve months from the date of commencement of operation, vocational training institutions exclusively for disabled workers shall enjoy the following policies:

Sau mười hai tháng kể từ ngày bắt đầu hoạt động, cơ sở dạy nghề dành riêng cho người tàn tật được hưởng các chính sách theo quy định sau:

1. Shall be provided with support capital from the Fund in accordance with Article 7 of Decree No. 81/CP, as amended and supplemented, for training, retraining, and vocational supplementary education for disabled workers; purchasing equipment, expanding vocational training facilities, admitting more disabled individuals to vocational training, and establishing initial technical infrastructure. The level of support shall be determined by the provincial People's Committee based on the vocational development project and the number of disabled individuals trained annually.

2. Shall be eligible for loans from the Fund in accordance with Article 8 of Decree No. 81/CP, as amended and supplemented, to maintain and expand vocational activities. The loan amount, term, and interest rate shall be applied in accordance with current regulations regarding loans from the Poverty Reduction and Employment Creation Fund of the Social Policy Bank.

3. Shall enjoy policies stipulated in Section V of this Circular for vocational training establishments that organize production linked to practical training, skill enhancement, and job creation for disabled individuals who meet the conditions specified in Article 3 of Decree No. 81/CP, as amended and supplemented.

4. Other preferential policies and benefits as prescribed in Articles 9, 10, and 11 of Decree No. 81/CP, as amended and supplemented, are as follows:

a. Shall be supported and encouraged by the State for development; given priority in obtaining favorable locations to establish vocational training facilities; assisted in technical investment; exempted or reduced from taxes in accordance with current Tax Law and implementing regulations.

b. Shall be entrusted with managing and using state assets, including funds invested by the state, and those from domestic and foreign organizations and individuals, in accordance with the content and purpose specified in this Circular.

V. POLICIES FOR PRODUCTION AND BUSINESS ESTABLISHMENTS EXCLUSIVELY FOR DISABLED INDIVIDUALS.

Six months after commencing operations, production and business establishments exclusively for disabled individuals shall enjoy the following policies:

1. Shall be provided with support capital from the Fund in accordance with Article 7 of Decree No. 81/CP, as amended and supplemented, when there is a project to update and supplement equipment, expand production, attract more disabled individuals to work, and establish initial technical infrastructure. The level of support shall be determined by the provincial People's Committee based on the production and business project and the number of disabled individuals working at the establishment.

2. Shall be eligible for loans from the Fund in accordance with Article 8 of Decree No. 81/CP, as amended and supplemented, and loans from the Poverty Reduction and Employment Creation Fund of the Social Policy Bank to maintain and expand production and business operations, create additional jobs, and attract more disabled individuals to work. The loan amount, term, interest rate, and loan procedures shall be implemented in accordance with current regulations.

3. Shall be eligible for partial funding support for production and business establishments exclusively for disabled individuals that organize vocational training, enhance skills for disabled individuals within the establishment, or send disabled individuals to vocational training at schools or vocational centers not funded by the state for training.

4. Other preferential policies and benefits as prescribed in Articles 9, 10, and 11 of Decree No. 81/CP, as amended and supplemented, are as follows:

a. Shall be supported and encouraged by the State for development; given priority in obtaining favorable locations to establish production and business establishments; assisted in technical investment and technological innovation; exempted or reduced from taxes in accordance with current Tax Laws and implementing regulations.

b. Shall be entrusted with managing and using state assets, including funds invested by the state, and those from domestic and foreign organizations and individuals, in accordance with the content and purpose specified in this Circular.

VI. RIGHTS AND OBLIGATIONS OF VOCATIONAL TRAINING ESTABLISHMENTS AND BUSINESSES THAT EMPLOY DISABLED INDIVIDUALS FOR VOCATIONAL TRAINING AND WORK IN ACCORDANCE WITH ARTICLES 13, 14, AND 15 OF DECREE NO. 81/CP, AS AMENDED AND SUPPLEMENTED.

1. Vocational training establishments with projects to train disabled individuals may borrow from the Fund to purchase equipment and supplies for teaching and learning purposes. The loan amount, term, and interest rate shall be applied as for vocational training establishments exclusively for disabled individuals.

2. Businesses shall have the responsibility to accept disabled individuals according to the ratio prescribed in Article 14 of Decree No. 81/CP, as amended and supplemented, and arrange suitable employment for each individual.

If a business accepts fewer than the prescribed ratio, it must pay into the Fund monthly an amount corresponding to the minimum wage set by the Government multiplied by the number of individuals still lacking. This amount shall be recorded as part of product or service costs. By no later than March 31 of the following year, the business must pay into the Fund the full amount due from the previous year.

A business located in a particular locality shall pay into the Fund in that locality. In cases where a business has multiple units, the unit located in a particular locality shall pay in that locality.

Businesses accepting more disabled workers than the prescribed ratio, encountering difficulties, or having approved development production projects, shall be eligible for support policies or loans from the Fund. The level of support or loan shall be decided by the Department of Labor, Invalids, and Social Affairs in coordination with the Department of Finance and the Department of Planning and Investment, upon the approval of the provincial People's Committee.

VII. GUIDELINES FOR IMPLEMENTING SUPPORT FUNDS FOR SHORT-TERM VOCATIONAL TRAINING FOR DISABLED INDIVIDUALS FROM THE NATIONAL EDUCATION AND TRAINING TARGET PROGRAM ACCORDING TO CLAUSE 1, ARTICLE 13 OF DECREE NO. 81/CP, AS AMENDED AND SUPPLEMENTED.

1. Support funds for short-term vocational training for disabled workers as stipulated in Clause 1, Article 13 of Decree No. 81/CP, as amended and supplemented, shall be calculated based on the actual number of trainees, and the funds shall be allocated according to specific contents and levels as follows:

a. Allocation items:

a. Costs for organizing classes include:

- Payment for theoretical and practical instructors;

- Support for vocational training materials;

- Rental of classrooms and specialized vocational training equipment for disabled individuals (if applicable);

- Revision and compilation of curricula and textbooks;

- Management of training classes;

- Support for accommodation and transportation for trainees;

b. Maximum allocation level not exceeding 540,000 VND per trainee per month. Of which:

- Support for vocational training for training establishments not exceeding 300,000 VND per trainee per month;

- Support for accommodation and transportation for trainees: 240,000 VND per month per trainee during short-term vocational training;

2. Management of support funds:

- The funding for short-term vocational training support for disabled workers shall be supplemented with targeted goals for provinces and centrally-administered cities under the management mechanism of national target programs;

- The funding for short-term vocational training support for disabled workers shall be paid to vocational training institutions. Such institutions have the responsibility to pay to disabled trainees the amount of support funds for accommodation and travel expenses;

- The funding for short-term vocational training support for disabled persons shall only be provided once per trainee;

- The management, utilization, and settlement of funding shall be carried out in accordance with the provisions of the State Budget Law and guiding documents of the State Budget Law;

3. Vocational training institutions participating in vocational training for disabled workers must develop detailed plans for vocational training for disabled workers in accordance with the guidelines of the Department of Labor, Invalids, and Social Affairs; organize the implementation of vocational training accurately according to the assigned targets and contents; use funds for their intended purposes effectively without loss; bear responsibility for the use and settlement of allocated funds and report the results to the Department of Labor, Invalids, and Social Affairs for consolidation and reporting to the provincial People's Committee and the Joint Ministry;

VIII. IMPLEMENTATION

1. Disabled workers as defined in this Circular must have a confirmation certificate from the Medical Examination Board regarding the disability status and the degree of labor capacity reduction due to disability (medical examination procedures follow the guidelines set forth in Joint Circular No. 34/TT-LB dated December 29, 1993 issued by the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Health); for disabled workers who are war invalids or veterans, they must have a war invalid certificate or a veteran certificate;

For deaf, mute, blind, amputee, paralyzed, or intellectually disabled (mentally retarded) individuals, and those with particularly deformed bodies, only a confirmation certificate from the District Health Center is required (without the need for a Medical Examination Board);

2. Vocational training institutions and production and business establishments exclusively for disabled persons, vocational training institutions and enterprises accepting disabled persons for vocational training, and workers achieving higher ratios than stipulated in Article 14 of Decree No. 81/CP must be certified by the Department of Labor, Invalids, and Social Affairs as "Vocational Training Institutions Exclusively for Disabled Persons," "Production and Business Establishments Exclusively for Disabled Persons," or "Enterprises with Higher Participation of Disabled Persons Than Prescribed Ratios";

These institutions must submit certification application files to the Department of Labor, Invalids, and Social Affairs in accordance with the following regulations:

- A document requesting certification as "Vocational Training Institution Exclusively for Disabled Persons," "Production and Business Establishment Exclusively for Disabled Persons," or "Enterprise with Higher Participation of Disabled Persons Than Prescribed Ratios;"

- A copy of the establishment decision or permission to establish and business license (or vocational training operation permit for vocational training institutions) certified by Notary Public;

- Regulations or operational rules of the institution established in accordance with the law;

- List of institutional leaders including directors, deputy directors, chief accountants, or equivalent positions;

- List of workers (or trainees) currently employed (or studying) with a clear list of disabled persons confirmed by the Department of Internal Affairs - Labor, Invalids, and Social Affairs at the district level;

3. Vocational training institutions, production and business establishments, and enterprises eligible for policies prescribed in Decree No. 81/CP, which has been amended and supplemented, and this Circular, if they require capital support or loans, must submit project proposals to the Department of Labor, Invalids, and Social Affairs and the Department of Finance for review and assessment. Proposals for capital support and loan projects must be separate. The project leader, responsible for the vocational training institution, production and business establishment, or enterprise director, is responsible for the accuracy of the content in the project proposal and must manage and repay the granted capital and loan interest as prescribed;

The project file includes:

- A letter requesting support or loan;

- Project proposal for capital support or loan;

- List of workers (or trainees) currently employed (or studying) with a clear list of disabled persons confirmed by the Department of Internal Affairs - Labor, Invalids, and Social Affairs at the district level;

- A copy of the certificate confirming "Vocational Training Institution Exclusively for Disabled Persons," "Production and Business Establishment Exclusively for Disabled Persons," or "Enterprise with Higher Participation of Disabled Persons Than Prescribed Ratios" certified by Notary Public;

4. The Department of Internal Affairs - Labor, Invalids, and Social Affairs at the district level is responsible for: inspecting and confirming lists of workers and trainees, including disabled persons undergoing vocational training and working at vocational training institutions and production and business establishments within its jurisdiction. Supervising and monitoring the implementation of these institutions;

5. The Department of Labor, Invalids, and Social Affairs is responsible for:

a. Taking the lead in coordinating with the Department of Finance and the Department of Planning and Investment to prepare the budget plan for the Fund and submit it to the provincial People's Committee for consideration and decision;

b. Guiding institutions and beneficiaries in developing project proposals; reviewing and assessing project proposals for capital support and loans from the Fund, and project proposals for short-term vocational training support funding for disabled persons;

c. Submitting to the provincial People's Committee decisions on support levels and loans for project proposals seeking capital support and loans from vocational training institutions, production and business establishments, and enterprises, and funding for enhancing the capabilities of vocational training staff, job placement consultants, and employment counselors for disabled persons;

d. Settling annual income and expenditure figures of the Fund. Annually reporting the situation of approved capital grants and loans to the Joint Ministry;

e. Organizing guidance and implementation of policies and systems for disabled workers under local management. Inspecting and determining the number of disabled workers that enterprises must accept according to prescribed ratios, submitting to the provincial People's Committee for decision on the amount of money each enterprise must contribute to the Fund. g. Inspecting, assessing, and certifying "Vocational Training Institution Exclusively for Disabled Persons," "Production and Business Establishment Exclusively for Disabled Persons," or "Enterprise with Higher Participation of Disabled Persons Than Prescribed Ratios," and issuing a decision to revoke certification for institutions no longer meeting eligibility criteria under this Circular.

6. The Department of Finance shall be responsible for chairing and coordinating with the Department of Planning and Investment to balance local budget funds to support the Employment Fund for persons with disabilities, and submitting it to the Provincial People's Committee for decision; reviewing the final accounts of the Department of Labor, Invalids and Social Affairs, including the final accounts of income and expenditure of the Fund.

7. The Department of Planning and Investment shall be responsible for:

a. Chairing and coordinating with the Department of Labor, Invalids and Social Affairs to develop vocational training plans and employment solutions for disabled workers in the annual labor and employment plan of the locality.

b. Coordinating with the Department of Finance to balance local budget funds for the Fund.

8. The Chairman of the Provincial People's Committee shall be responsible for:

a. Establishing the Fund and submitting it to the People's Council for approval of the budget allocation to the Fund;

b. Specifying detailed regulations on the management and use of the Fund;

c. Directing relevant departments and agencies at the local level in implementing the provisions of this Circular;

d. Awarding commendations according to current regulations to organizations and individuals who comply well with the provisions of this Circular.

9. Organizations and individuals who comply well with the provisions of this Circular shall be awarded commendations in accordance with the law. For organizations and individuals who fail to comply with the provisions of this Circular, they will be subject to administrative penalties as stipulated in Decree No. 113/2004/NĐ-CP dated April 16, 2004 of the Government on administrative penalties for violations of labor laws, or may be held criminally liable under the law depending on the nature and severity of the violation.

10. This Circular shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Joint Circular No. 01/1998/TTLT/BLĐTBXH-BTC-BKHĐT dated January 31, 1998 of the Ministry of Labor, Invalids and Social Affairs - Ministry of Finance - Ministry of Planning and Investment guiding the implementation of Decree No. 81/CP dated November 23, 1995 of the Government detailing and guiding the implementation of certain articles of the Labor Code concerning disabled workers.

In the course of implementation, if there are difficulties, they should be promptly reported to the relevant ministries for study and resolution.