Decision No. 51/2008/QĐ-TTg On State Support Policies for Business Establishments Exclusively for Disabled Workers

Pursuant to …;

Regarding the state support policy for production and business establishments exclusively for disabled workers

Production and business establishments exclusively for disabled workers (hereinafter referred to as business establishments) shall be subject to the support policies stipulated in this Decision, including state-owned enterprises, private enterprises, joint-stock companies, limited liability companies, joint ventures, cooperatives, and cooperative groups established in accordance with the law, having more than 51% of their workforce comprised of disabled workers, and possessing operational regulations or charters suitable for disabled workers.

PRIME MINISTER

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

Pursuant to the Law on Corporate Income Tax dated June 17, 2003;

Pursuant to the Land Law dated December 10, 2003;

Pursuant to the Ordinance on Disabled Persons dated July 30, 1998;

Considering the proposal of the Minister of Finance,

DECISION:

Article 1. Scope of application

Business establishments as specified in Article 1 of this Decision shall enjoy tax incentives as follows:

- Community houses for villages and hamlets;

a) Exemption from corporate income tax on income derived from production, business, and service activities. For export business activities (excluding textile and garment exports which are not exempted from corporate income tax), exemption from corporate income tax shall apply until the end of 2011;

b) Exemption from land use fees, land rental fees, and water surface rental fees. During the period of exemption from land use fees, business establishments shall not transfer, assign, gift, lease, mortgage, pledge, guarantee, or contribute capital through joint ventures or joint operations using the right to use land in accordance with the provisions of the law on land management.

2. Preferential loans from the Social Policy Bank as follows:

a) Conditions for borrowing: - Business establishments have the need to borrow funds for investment in production and business activities aimed at stabilizing employment for disabled workers and attracting additional disabled workers; - Ensuring collateral for borrowed funds by assets formed from the borrowed capital in accordance with the provisions of the law on secured transactions.

b) Loan interest rate: equal to 50% of the preferential loan interest rate for other borrowers seeking job creation loans from the Social Policy Bank. The overdue interest rate shall be 130% of the current loan interest rate;

c) Loan amount: eligible to borrow the remaining capital of the investment project after utilizing self-funded capital and other lawful sources, with a maximum loan amount of 30 million VND per attracted worker;

d) Loan term: implemented according to the current regulations applicable to job creation projects financed by the Social Policy Bank.

3. In addition to the above preferential policies, business establishments shall also receive support from the Employment Fund for Disabled Persons in accordance with the detailed regulations and guidance provided in Decree No. 81/CP dated November 23, 1995 of the Government regarding certain provisions of the Labor Code concerning disabled workers.

a) Take the lead and coordinate with relevant agencies to inspect and supervise the implementation of this Decision;

Article 3. Implementation Organization

1. The Ministry of Finance shall be responsible for:

b) Coordinate with the Ministry of Planning and Investment to allocate funds for job creation loans, subsidy interest rate differences, and management fees for the Social Policy Bank to implement loans as prescribed.

c) Regularly compile reports every six months and annually on the implementation of this Decision by the Social Policy Bank, provincial People's Committees shall report to the Ministry of Finance.

2. The Ministry of Labor, Invalids and Social Affairs shall be responsible for coordinating with relevant agencies to inspect and supervise the implementation of this Decision.

3. The Ministry of Planning and Investment shall be responsible for leading and coordinating with the Ministry of Finance to allocate funds for job creation loans, subsidy interest rate differences, and management fees for the Social Policy Bank.

a) Utilize annual state budget funds allocated for job creation loans and ensure sufficient funding for loans in accordance with this Decision;

4. The Vietnam Bank for Social Policies shall be responsible for:

b) Guide the loan procedures and processes to ensure simplicity, clarity, and ease of understanding; implement loan disbursement and debt recovery as prescribed; regularly report every six months and annually to the Ministry of Finance.

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

a) Balancing the local government budget each year to provide capital for the Employment Fund for Disabled Persons;

b) Assigning responsibilities to relevant departments to implement tax incentive policies as stipulated in Clause 1, Article 2 of this Decision; guiding business establishments to effectively utilize borrowed capital and repay debts to the Social Policy Bank;

c) Inspecting and evaluating the implementation of support policies as stipulated in this Decision; regularly reporting every six months and annually to the Ministry of Finance.

6. The Vietnam Association of Enterprises for Disabled Persons shall be responsible for coordinating with the Ministry of Labor, Invalids and Social Affairs and relevant agencies to monitor the implementation of this Decision.

This Decision shall take effect fifteen days after its publication in the Official Gazette.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees, and Heads of relevant agencies shall be responsible for implementing this Decision./.

Article 5. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities, and Heads of related agencies are responsible for implementing this Decision./.