Decision No. 29/2014/QĐ-TTg on credit for households and individuals infected with HIV, individuals after drug rehabilitation, individuals undergoing methadone maintenance treatment, and reformed sex workers.

Pursuant to …;

On credit for households and individuals infected with HIV, former drug rehabilitation participants, individuals undergoing methadone maintenance treatment, and reformed sex workersand persons infected with HIV, persons after drug rehabilitation, persons undergoing substitution therapy for narcotic drug addiction, reformed prostitutes

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

Pursuant to the Law on Prevention and Control of HIV/AIDS dated June 29, 2006;

Pursuant to the Law on Prevention and Control of Narcotics dated December 9, 2000; and the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Narcotics dated June 3, 2008;

Pursuant to the Law on Handling Administrative Offenses dated July 1, 2012;

Pursuant to the Ordinance on Prevention and Control of Prostitution dated March 17, 2003;

Pursuant to Decree No. 78/2002/NĐ-CP dated October 4, 2002 of the Government on credit for the poor and other policy beneficiaries;

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

The Prime Minister issues this Decision on credit for households and individuals infected with HIV, former drug rehabilitation participants, individuals undergoing methadone maintenance treatment, and reformed sex workers.

Article 1. Scope of Application

This Decision stipulates the provision of loans for job creation for the subjects specified in Article 2 of this Decision, including: Borrowers, loan conditions, procedures for confirming borrower status, loan amounts and interest rates, loan terms, and risk management.

Article 2. Borrowers

1. Individual borrowers

a) Individuals infected with HIV.

b) Individuals undergoing methadone maintenance treatment.

c) Reformed sex workers.

2. Household borrowers

Households having members falling under any of the following circumstances

a) Individuals infected with HIV/AIDS.

b) Former drug rehabilitation participants.

c) Individuals undergoing methadone maintenance treatment.

d) Reformed sex workers.

2. Having signed a contract to work in South Korea under the EPS Program with the Overseas Labor Market Management Center.

1. Individual borrowers

a) Personal qualifications

- Borrowers as specified in Point a Clause 1 Article 2 of this Decision must have a positive HIV test result certificate from a qualified testing facility.

- Borrowers as specified in Point b Clause 1 Article 2 of this Decision must have completed the dosage adjustment period, maintained stable treatment for at least three months, and received confirmation from the responsible personnel of the treatment facility.

- Borrowers as specified in Point c Clause 1 Article 2 of this Decision must have a certificate of cessation of prostitution issued by the Chairman of the People's Committee of the commune or the head of a political or social organization at the local level or the Head of a Club, Group, or Network established by such organizations.

b) Legal residence and stable living in the borrowing locality.

c) Having a production or business plan and the ability to repay the loan according to the commitment.

d) Being a member of a Savings and Loan Group of the Social Policy Bank.

e) Living alone or with children who have not reached working age, or living with parents, spouse, children, grandparents, siblings, or cousins who are beyond working age or unable to work as prescribed by law.

2. Household borrowers

a) Households with members as specified in Points a, c, and d Clause 2 Article 2 of this Decision must meet one of the conditions specified in Point a Clause 1 of this Article.

b) Households with members as specified in Point b Clause 2 Article 2 of this Decision must have one of the following documents:

- Decision on post-rehabilitation management measures at the place of residence.

- Certificate of completion of compulsory drug rehabilitation at a rehabilitation center.

- Certificate from the People's Committee of the commune regarding completion of community-based drug rehabilitation for at least three months.

c) Legal residence and stable living in the borrowing locality.

d) Having a production or business plan and the ability to repay the loan according to the commitment.

e) Being a member of a Savings and Loan Group of the Social Policy Bank.

1. Individuals and households specified in Article 2 of this Decision shall submit loan application forms along with certificates as stipulated at Point a Clause 1 Article 3 and Point b Clause 2 Article 3 to the People's Committee of the commune. The submission period for loan applications is from the 1st to the 5th day of each month.

2. Within five working days from the end of the loan registration period, the Chairman of the People's Committee of the commune shall be responsible for confirming that individuals and households applying for loans belong to the borrowing subjects under this Decision and shall send them to the Head of the Savings and Loan Group where the borrower resides to admit them into the Savings and Loan Group.

3. Within five working days from the date of receiving the list with confirmation by the Chairman of the People's Committee of the commune, the Head of the Savings and Loan Group shall proceed to admit new members who are individuals and households listed in the list sent by the People's Committee of the commune and guide them to complete loan procedures according to the guidelines of the Social Policy Bank.

Article 5. Loan amount and interest rate

1. The loan amount is based on the borrowing needs and debt repayment capacity of each individual and household and does not require collateral but must not exceed the maximum loan amount prescribed as follows:

a) For individuals: The maximum loan amount is 20 million VND per individual.

b) For households: The maximum loan amount is 30 million VND per household.

c) Borrowers may borrow multiple times but the total outstanding balance must not exceed the maximum outstanding loan balance as prescribed.

2. In cases where individuals and households specified in Article 2 of this Decision are also borrowing subjects from other preferential programs at the Social Policy Bank, they will only be considered for one of these preferential programs.

3. The interest rate for loans is equal to the interest rate for poor household loans during each period as prescribed by the Government.

4. The interest rate for overdue loans is calculated at 130% of the loan interest rate.

The maximum loan term is 60 months. The specific term is agreed upon between the Social Policy Bank and the borrowing individual or household in accordance with the production cycle, business activities, and debt repayment capacity of the customer.

During the pilot phase (2014-2016), the maximum loan term is 36 months.

Article 7. Purpose of Loans

1. To purchase various types of materials, livestock, animal feed, tools, goods, and means of transportation serving business and trade.

2. To invest in family handicrafts such as purchasing raw materials for production, labor tools, machinery, and equipment.

3. To contribute capital to implement production and business plans with other individuals and organizations.

Article 8. Handling of Risky Debts

Borrowing subjects shall handle risky debts according to the Prime Minister's Decision on issuing mechanisms for handling risky debts at the Social Policy Bank.

Loan funds are allocated from the state budget annually and other legitimate sources of funding.

1. From 2014-2016, pilot implementation in 15 provinces and cities.

2. From 2017, expand nationwide.

Article 11. Implementation Organization

1. The Social Policy Bank shall be responsible for:

a) Developing annual capital plans for lending to the subjects specified in Article 2 of this Decision and other social credit programs and submitting them for approval by the competent authority.

b) Guiding the loan process and procedures to ensure simplicity, clarity, and ease of implementation; implementing lending, recovering loans, guiding loan extensions, transferring overdue loans, and handling risky debts as prescribed.

c) Guiding branches of the Social Policy Bank across the country to implement in accordance with regulations.

2. The State Bank of Vietnam has the responsibility:

Cooperating with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors in inspecting, supervising, and proposing solutions to issues arising during implementation.

3. The Ministry of Finance shall be responsible:

a) Cooperating with the Ministry of Planning and Investment and relevant ministries and sectors to report to the Prime Minister on the central government budget allocation for the Social Policy Bank to lend to the subjects specified in Article 2 of this Decision and other social credit programs.

b) Cooperating with the Ministry of Labor, Invalids and Social Affairs and relevant ministries and sectors in inspecting, supervising, and proposing solutions to issues arising during implementation.

4. The Ministry of Planning and Investment shall be responsible for:

Taking the lead and cooperating with the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to develop annual budget plans for lending to the subjects specified in Article 2 of this Decision, reporting to the Government for consideration and presenting to the National Assembly for decision.

5. The Ministry of Labor, Invalids and Social Affairs shall be responsible for:

a) Compiling a list of 15 provinces and cities for pilot implementation as a basis for the Social Policy Bank to carry out implementation.

b) Taking the lead and cooperating with the Ministry of Finance and relevant ministries and sectors in inspecting, supervising, and proposing solutions to issues arising during implementation.

c) Annually evaluating the results and effectiveness of lending, providing guidance, making adjustments, and in cases exceeding authority, reporting to the Prime Minister for consideration and decision.

6. Relevant ministries and sectors shall cooperate based on their assigned functions and tasks to implement this Decision.

7. Provincial People's Committees shall be responsible for:

a) Directing functional agencies, lower-level People's Committees, and local political-social organizations and the Social Policy Bank to implement this Decision.

b) Annually compiling statistics and reporting to the Ministry of Labor, Invalids and Social Affairs on the loan demand and results for individuals and households with HIV-infected persons, former drug addicts, patients undergoing opioid substitution therapy, and reformed sex workers in their jurisdiction.

Article 12. Effective Date

1. This Decision takes effect from June 15, 2014.

2. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees, and the Chairman of the Board of Directors and General Director of the Social Policy Bank are responsible for implementing this Decision./.