Circular No. 44/2016/TT-BLDTBXH guiding policies on vocational training and job creation for individuals who have completed their criminal sentences

CIRCULAR

Guidelines on vocational training policies and job creation for individuals who have completed their criminal sentences

Decree No. 106/2012/NĐ-CP dated December 20, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

Decree No. 80/2011/NĐ-CP dated September 16, 2011, of the Government regarding measures to ensure reintegration into society for individuals who have completed their criminal sentences (hereinafter referred to collectively as Decree No. 80/2011/NĐ-CP);

At the proposal of the Director of the Employment Department,

The Minister of Labor, Invalids, and Social Affairs issues this Circular to provide guidelines on vocational training policies and job creation for individuals who have completed their criminal sentences.

1. The organization of receiving and processing administrative procedures electronically shall be carried out through the National Public Service Portal via the Linked Public Service Software, ensuring requirements for exploitation and restructuring of business processes towards integration and coordinated resolution, enhancing the quality of administrative services provided by relevant state agencies, facilitating business households, individuals, and related agencies and organizations in receiving and processing administrative procedures.

This Circular provides guidance on the development of vocational training and job creation plans; support for vocational training; counseling and job placement; loans for vocational training and job creation; social assistance; and reporting on the results of vocational training and job creation for individuals who have completed their criminal sentences as stipulated in Decree No. 80/2011/NĐ-CP.

Article 2. Applicability

1. Individuals who have completed their criminal sentences and returned to the community (hereinafter referred to collectively as individuals who have completed their criminal sentences).

2. Agencies, enterprises, organizations, and individuals related to the contents prescribed in this Circular.

This Circular does not apply to Vietnamese individuals who have completed their criminal sentences and have settled abroad; non-Vietnamese citizens, except those foreigners and stateless persons residing permanently in Vietnam; and individuals who have completed their criminal sentences but have had their criminal records expunged.

Article 3. Support for Vocational Training

1. Individuals who have completed their criminal sentences participating in vocational training shall be supported as follows:

a) Vocational training at the intermediate and higher levels:

- Exemption or reduction of tuition fees and support for educational expenses according to Decree No. 86/2015/NĐ-CP dated October 2, 2015, of the Government on mechanisms for collecting and managing school fees for educational institutions under the national education system and policies on exemption, reduction of school fees, and support for educational expenses from the academic year 2015-2016 to 2020-2021 and guiding documents;

- Enjoying residential policies according to Decision No. 53/2015/QĐ-TTg dated October 20, 2015, of the Prime Minister on residential policies for students and trainees at intermediate and higher levels and guiding documents.

b) Vocational training at the basic level and training lasting less than three months: support for training costs, food allowances, and travel expenses according to Decision No. 46/2015/QĐ-TTg dated September 28, 2015, of the Prime Minister on policies supporting basic-level vocational training and training lasting less than three months and guiding documents.

2. In cases where individuals who have completed their criminal sentences do not fall within the categories eligible for support policies as stipulated in Clause 1 of this Article, the Department of Labor, Invalids, and Social Affairs shall coordinate with relevant agencies to submit to the People's Committee of the province or centrally-administered city (hereinafter referred to collectively as the Provincial People's Committee) for consideration and decision on support policies for vocational training for these individuals. The funding shall be guaranteed from the community integration fund, social fund, charitable fund, and other sources as prescribed.

Article 4. Counseling and job introduction

1. Based on the needs of individuals who have completed their criminal sentences and the actual labor market conditions, the Employment Service Center shall organize free counseling and job introduction services for individuals who have completed their criminal sentences in the following forms:

a) Direct advisory services;

b) Group counseling;

c) Job fairs;

d) Counseling via telephone and electronic information websites.

2. The Employment Service Center shall be responsible for monitoring the employment status of individuals who have completed their criminal sentences introduced by the Center during the period of implementation of seasonal or fixed-term employment contracts with a duration of less than 12 months, and within 12 months for indefinite-term or definite-term employment contracts.

Article 5. Vocational Training Loan and Job Creation Loan

1. Individuals who have completed their criminal sentences and wish to obtain vocational training loans shall be eligible for such loans in accordance with Decision No. 157/2007/QĐ-TTg dated September 27, 2007, issued by the Prime Minister regarding credit policies for students and the guiding documents thereof.

2. Individuals who have completed their criminal sentences and wish to obtain job creation loans from the National Employment Fund shall be eligible for such loans in accordance with Decree No. 61/2015/NĐ-CP dated July 9, 2015, issued by the Government regarding job creation support policies and the National Employment Fund, and the guiding documents thereof.

3. Based on local economic and social conditions, the Department of Labor, Invalids, and Social Affairs shall coordinate with relevant agencies to advise provincial People's Committees on utilizing other sources of credit to provide preferential loans to individuals who have completed their criminal sentences for production development and job creation.

Article 6. Support for Workers Going Abroad Under Contracts

Individuals who have completed their criminal sentences and wish to work abroad under contracts and fall within the scope of support policies for workers going abroad under contracts shall be entitled to support in accordance with the provisions of the law.

Article 7. Social Assistance for Social Welfare Recipients

1. Individuals who have completed their criminal sentences and are social welfare recipients shall enjoy support policies in accordance with Decree No. 136/2013/NĐ-CP dated October 21, 2013, issued by the Government regarding social assistance policies for social welfare recipients and the guiding documents thereof.

2. The Department of Labor, Invalids, and Social Affairs shall coordinate with relevant agencies to advise provincial People's Committees on providing support to individuals who have completed their criminal sentences and are in particularly difficult circumstances to stabilize their lives.

Article 8. Development of Plans for Vocational Training, Job Creation, and Support for Workers Going Abroad Under Contracts for Individuals Who Have Completed Their Criminal Sentences

1. Annually, the Department of Labor, Invalids, and Social Affairs shall coordinate with relevant agencies to develop plans for vocational training and job creation for individuals who have completed their criminal sentences to be submitted to the provincial People's Committee for approval.

2. The plan for vocational training and job creation for individuals who have completed their criminal sentences shall include the following main contents:

- Evaluation of the results of vocational training and job creation in the previous year;

- Demand for vocational training and job creation;

- Targets for supporting vocational training at intermediate, college, and basic levels, and training lasting less than three months, including targets for supported training (by level);

- Targets for counseling and job introduction;

- Targets for supporting vocational training and job creation loans;

- Targets for supporting workers going abroad under contracts;

- Budget estimate for implementing the vocational training and job creation plan;

- Sources of funding;

- Implementation solutions.

3. The Department of Labor, Invalids, and Social Affairs shall coordinate with relevant agencies to advise provincial People's Committees on integrating resources from related programs and projects to effectively organize vocational training and job creation for individuals who have completed their criminal sentences.

Article 9. Report on the Results of Vocational Training Support and Employment Creation for Individuals Who Have Completed Their Criminal Sentences

1. Annually, before December 15, the Department of Labor, Invalids and Social Affairs shall report on the results of vocational training support and employment creation for individuals who have completed their criminal sentences to the Ministry of Labor, Invalids and Social Affairs for consolidation and reporting to the Prime Minister.

2. The report on the results of vocational training support and employment creation for individuals who have completed their criminal sentences shall include the following main contents:

- Programs and projects supporting vocational training and employment creation for individuals who have completed their criminal sentences;

- The number of individuals supported for vocational training (by levels of qualification);

- The number of individuals advised and introduced to jobs (including those who have secured employment);

- The number of individuals supported for job creation loans;

- The number of individuals supported for overseas employment under contracts;

- The number of individuals receiving social assistance (if applicable);

- Recommendations and proposals (if applicable).

Article 10. Effectiveness and Responsibility for Implementation

1. This Circular takes effect from February 12, 2017.

2. The Department of Labor, Invalids and Social Affairs and related agencies, enterprises, organizations, and individuals are responsible for implementing this Circular.

During implementation, if there are any difficulties, they are requested to reflect them to the Ministry of Labor, Invalids and Social Affairs for consideration and resolution.