Decree No. 74/2019/ND-CP Amending and supplementing some articles of Decree No. 61/2015/ND-CP dated July 9, 2015 of the Government on employment support policies and the National Employment Fund

VG

||| Official Government Electronic Portal

||| Signed by: Official Government Electronic Portal Email: [email protected] Authority: Government Office ||| Signing time: 27.09.2019 10:45:30 +07:00

|||

THE GOVERNMENT

||| Number: 74/2019/NĐ-CP

||| Hanoi, September 27, 2019

||| GOVERNMENT ELECTRONIC PORTAL

||| Time: …s I

||| ₇ ||| DECREE

||| Amending and supplementing some articles of Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government on policies to support job creation and the National Employment Fund

|||

Pursuant to the Law on Government Organization dated June 19, 2015;

||| Pursuant to the Labor Law dated November 16, 2013;

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

||| The Government promulgates this Decree amending and supplementing some articles of Decree No. 61/2015/NĐ-CP dated July 9, 2015 of the Government on policies to support job creation and the National Employment Fund (hereinafter referred to as Decree No. 61/2015/NĐ-CP). 7 ||| Article 1. Amending and supplementing some articles of Decree No. 61/2015/NĐ-CP

||| Amend Clause 1 and Clause 2 of Article 21 as follows:

1. "1. The Ministry of Labor, Invalids and Social Affairs shall perform the state management function over the National Employment Fund (hereinafter referred to as the Fund).

Provincial People's Committees and central agencies of the Vietnam Women's Union, the Communist Youth Union of Ho Chi Minh, the Vietnam Farmers' Union, the Vietnam General Confederation of Labor, the Vietnam Veterans' Association, the Vietnam Federation of Trade Unions, and the Vietnam Blind Association (hereinafter collectively referred to as implementing organizations) shall be assigned the task of managing and using the Fund's capital according to the provisions of this Decree."

2. Amend and supplement Article 24 as follows:

2. "Article 24. Loan amount

For production and business establishments, the maximum loan amount is VND 2 billion per project and not more than VND 100 million for each worker who is provided with employment, retained, or expanded employment.

1. For workers, the maximum loan amount is VND 100 million.

2. The specific loan amount shall be determined by the Social Policy Bank based on the available capital, production and business cycle, and the borrower's ability to repay the loan."

3. Amend and supplement Article 25 as follows:

3. "Article 25. Loan period

The maximum loan period is 120 months. The specific loan period shall be determined by the Social Policy Bank based on the available capital, production and business cycle, and the borrower's ability to repay the loan."

Amend and supplement Clause 1 of Article 26 as follows:

4. "1. For the subjects specified in Clause 1 of Article 12 of the Labor Law, the loan interest rate shall be equal to the interest rate for loans to near-poor households as prescribed by laws on credit for near-poor households."

Amend and supplement Article 27 as follows:

5. "Article 27. Conditions for securing loan funds

For loan amounts of VND 100 million or more, production and business establishments must provide collateral for the loan in accordance with the law on secured transactions."

Amend and supplement Clause 2 of Article 28 as follows:

6. "2. Loan application documents

For workers: A loan request form confirmed by the People's Committee of the commune regarding legal residence; if applicable, they belong to the priority group as stipulated in Point b, Clause 2, Article 12 of the Labor Law, according to Form No. 1 and Form No. 1b issued together with this Decree;

1. For production and business establishments, the loan application documents include:

2. A loan project plan confirmed by the People's Committee of the commune regarding the location of the project, according to Form No. 2 issued together with this Decree;

• A copy of one of the following documents: Business registration certificate; cooperative registration certificate; cooperation agreement; individual business registration certificate;

• Documents proving that the production and business establishment belongs to the priority group as stipulated in Point a, Clause 2, Article 12 of the Labor Law (if applicable), including:

• + For production and business establishments employing at least 30% of their total workforce as persons with disabilities: A copy of the Decision recognizing the production and business establishment as employing at least 30% of its total workforce as persons with disabilities, issued by the Department of Labor, Invalids and Social Affairs;

+ For production and business establishments employing at least 30% of their total workforce as ethnic minority people: A list of workers who are ethnic minority people, copies of identification cards or household registration books or temporary residence certificates, and copies of labor contracts or recruitment decisions of those listed workers;

+ For production and business establishments employing at least 30% of their total workforce as persons with disabilities and ethnic minority people: A list of workers who are persons with disabilities and ethnic minority people, copies of disability confirmation certificates of those workers who are persons with disabilities issued by the People's Committee of the commune, copies of identification cards or passports or household registration books or temporary residence certificates of those workers who are ethnic minority people, and copies of labor contracts or recruitment decisions of those listed workers."

Delete Clause 3 of Article 28.

7. Amend and supplement Clause 3, Clause 4, and Clause 5 of Article 30 as follows:

8. The Social Policy Bank shall report to the Ministry of Labor, Invalids and Social Affairs for submission to the Prime Minister for consideration and decision on adjusting the loan capital from the Fund between localities and implementing organizations. The Social Policy Bank shall adjust the loan capital according to the Prime Minister's decision.

1. The Department of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Social Policy Bank at the provincial level to report to the People's Committee of the province for consideration and decision on adjusting the loan capital from the Fund within the locality. The Social Policy Bank at the provincial level shall adjust the loan capital according to the decision of the People's Committee of the province.

4. Central agencies of implementing organizations shall consider and decide on adjusting the loan capital from the Fund between provincial-level agencies of implementing organizations. The Social Policy Bank shall adjust the loan capital according to the decision of the central agency of the implementing organization."

5. Amend and supplement Clause 1 of Article 31 as follows:

9. The Social Policy Bank shall manage and record the interest income into the bank's revenue. The interest income from the loan capital shall be used as follows:

1. To establish a reserve fund and cover the expenses of the Social Policy Bank as prescribed by laws on financial management regulations for the Social Policy Bank;

2. To allocate 0.3% of the interest income from the Fund's loans to support the operating costs for the management, consolidation, inspection, and supervision work of the Ministry of Labor, Invalids and Social Affairs;

3. Deduct 0.3% of the interest income from loans from the Fund to support funding for management, consolidation, inspection, and supervision activities of the Ministry of Labor, Invalids, and Social Affairs;

4. Dedicate 15% of the interest income from loans made to the Fund at the local level to cover management, consolidation, inspection, and supervision costs for the Department of Labor - Invalids and Social Affairs and the Labor - Invalids and Social Affairs Office.

5. Dedicate 10% of the interest income from loans made to the Fund at the local level, organizations implementing the program shall supplement the Fund's capital managed by the provincial People's Committee and the organization implementing the program.

10. Repeal Article 33.

11. Amend and supplement Article 34 as follows:

"Article 33. Mobilizing sources of capital for providing loans to support job creation, maintaining and expanding employment.

1. The State Bank for Social Policies mobilizes capital for providing loans to support job creation, maintaining and expanding employment, which is subsidized by the State with the difference in interest rates and management fees according to the legal regulations on financial management rules for the State Bank for Social Policies.

2. The State Bank for Social Policies reports on the implementation results according to the guidelines of the Ministry of Labor - Invalids and Social Affairs."

12. Amend the sequence of Article 35 and Article 36 to become Article 34 and Article 35.

13. Amend and supplement Article 37 as follows:

"Article 36. Conditions for guaranteeing loan repayment

For loans of 100 million dong or more, workers borrowing preferential capital to work abroad under contracts must provide collateral for the loan in accordance with the legal regulations on secured transactions.

14. Amend the sequence of Articles 38, 39, and 40 to become Articles 37, 38, and 39.

15. Amend and supplement Clause 2 of Article 40 to become Clause 2 of Article 39 as follows:

For workers: A loan request form confirmed by the People's Committee of the commune regarding legal residence; if applicable, they belong to the priority group as stipulated in Point b, Clause 2, Article 12 of the Labor Law, according to Form No. 1 and Form No. 1b issued together with this Decree;

1. For workers belonging to near-poor households: The loan application form must be confirmed by the People's Committee of the commune regarding legal residence; belonging to a near-poor household according to Form No. 3a and Form No. 3b issued together with this Decree;

2. For workers who are relatives of those who have rendered meritorious service to the revolution:

• Loan application form in accordance with point a of this clause;

• A copy of the certificate confirming the status of relatives of those who have rendered meritorious service to the revolution according to Form No. 4 issued together with this Decree."

16. Amend the sequence of Articles 41, 42, 43, and 44 to become Articles 40, 41, 42, and 43.

17. Repeal Article 45.

18. Amend and supplement Article 46 as follows:

"Article 44. Mobilizing sources of capital for providing loans to support workers going to work abroad under contracts

1. The State Bank for Social Policies 59/2019/NĐ-CP mobilizes capital for providing loans to support workers going to work abroad under contracts, which is subsidized by the State with the difference in interest rates and management fees according to the legal regulations on financial management rules for the State Bank for Social Policies. 59/2019/NĐ-CP into society.

2. The State Bank for Social Policies reports on the implementation results according to the guidelines of the Ministry of Labor - Invalids and Social Affairs."

19. Amend the numbering of Article 47 to become Article 45.

Article 2. Effective Date

1. This Decree takes effect from November 8, 2019.

2. The amount of loan, loan term, loan interest rate, and conditions for guaranteeing loan repayment for projects applying for loans to support job creation, maintaining and expanding employment; conditions for guaranteeing loan repayment for projects applying for loans to support workers going to work abroad under contracts from the National Employment Fund that were approved before this Decree takes effect shall be implemented according to the provisions of Decree No. 61/2015/NĐ-CP.

Article 30 Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees, cities directly under the central government, and related agencies, enterprises, organizations, and individuals are responsible for implementing this Decree./.

Place of Receipt:

• The Central Committee of the Communist Party of Vietnam;

• Prime Minister, Deputy Prime Ministers;

• Ministries, ministerial-level agencies, government-affiliated agencies;

• Provincial People's Councils, People's Committees of provinces, cities directly under the central government

• Central Party Office and Party Committees:

• Office of the General Secretary;

• President's Office;

• Ethnic Minority Council and Committees of the National Assembly;

• National Assembly Office;

• Supreme People's Court;

THE GOVERNMENT
TƯỠNG

• Department of Legal Document Inspection and Administrative Violation Management, Ministry of Justice;

• National Financial Supervisory Commission;

• The Social Policy Bank;

• The Vietnam Development Bank;

• Central Committee of the Vietnam Fatherland Front;

• Central Agencies of Mass Organizations;

• VPCP: Deputy Prime Minister, Deputy Prime Ministers, Assistants to the Prime Minister, General Director of the Government Portal, Departments, Bureaus, subordinate units, Official Gazette;

• File: VT, KHX (2b). Mo

Form number la

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

APPLICATION FOR A LOAN

TO SUPPORT JOB CREATION, MAINTAINING AND EXPANDING EMPLOYMENT
(Direct lending to workers)

Respected: State Bank for Social Policies

Full name: Date of birth: / /

Ethnicity: Gender:

Identity card/Passport/Citizen Identification Card number:

Date of issue: Place of issue:

Place of residence:

Phone number: .

Belongs to priority group (if applicable):

• Persons with disabilities □

• Ethnic minorities living in areas with extremely difficult socio-economic conditions □

I have a need to borrow capital from the National Employment Fund to implement the project:

Location of the project:

Number of workers to be employed, maintained, and expanded: ...

people, including:

• Female workers (if applicable): people

• Workers with disabilities (if applicable): people

• Ethnic minority workers (if applicable): people

Capital required for the project: dong, including:

• Self-funded capital: dong

Request the Bank to lend: dong

(In words: .)

to be used for: , specifically as follows:

Loan period: months Repayment of principal: Interest repayment:

I hereby commit to using the loan funds for the intended purpose, repaying the principal and interest on time. If not, I will bear full responsibility under the law./.

..., day ... month... year ...

PERSON REQUESTING THE LOAN
(Signature and full name)

Mr./Mrs.:

Currently residing legally at the location. Belongs to the preferential target group (if applicable)

••••••• (1)

..., date ... month ... year ...

APPROVED BY THE PEOPLE'S COMMITTEE
CHAIRMAN
(Signature, stamp and full name)

Noted by:

1. People's Committee of the commune/township/street notes clearly the preferential target group (if applicable):

- Ethnic minority people living in areas with extremely difficult socio-economic conditions - Persons with disabilities

Form number Ib

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

APPLICATION FOR LOAN

SUPPORT FOR JOB CREATION, MAINTENANCE AND EXPANSION
(Loans to workers through households)

Respected: State Bank for Social Policies

Full name: Date of birth: / /

Ethnicity: Gender:

Identity card/Passport/Citizen Identification Card number:

Date of issue: Place of issue:

Email/Website:

Is the person authorized by household members to represent the household residing at:

I request a loan from the National Employment Fund for Mr./Mrs.: who is a member of the household.

Date of birth: /../ Ethnicity: Gender:

Identity card/Passport/Citizen Identification Card number:

Date of issue: Place of issue:

Relationship with the household representative:

Belongs to priority group (if applicable):

• Persons with disabilities □

• Ethnic minorities living in areas with extremely difficult socio-economic conditions □

To implement the project:

Location of the project:

Number of workers to be employed, maintained and expanded:

people, including:

• Female workers (if applicable): people

• Workers with disabilities (if any): ... persons

• Ethnic minority workers (if applicable): people

Capital required for the project: dong, including:

• Self-funded capital: dong

Request the Bank to lend: dong

(In words-. )

to be used for: , specifically as follows:

Loan period: months Repayment of principal: Interest repayment:

I hereby commit to using the loan funds for the intended purpose, repaying the principal and interest on time. If not, I will bear full responsibility under the law./.

CONFIRMATION OF THE COMMUNE/TOWNSHIP/PRECINCT PEOPLE'S COMMITTEE No.: No.: ... / ...-DA

PERSON REQUESTING THE LOAN

Mr./Mrs.: (Sign and write full name)

Belongs to a household currently residing legally at the location.

The borrower belongs to the preferential target group

- Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).

• -(Ì)./.

No.: No.: ... / ...-DA

CHAIRMAN OF THE PEOPLE'S COMMITTEE
CHAIRMAN

(Signature, stamp and full name)

Note:

(1) People's Committee of the commune/township/street notes clearly the borrower belongs to the preferential target group (if applicable):

- Ethnic minority people living in areas with extremely difficult socio-economic conditions - Persons with disabilities

Form number 2

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

LOAN PROJECT

SUPPORT FOR JOB CREATION, MAINTENANCE AND EXPANSION

Respected: State Bank for Social Policies

I. INFORMATION ON PRODUCTION AND BUSINESS BASE

1. Name of Enterprise/Coperative/Organization/Household Business:

2. Main office address:

3. Telephone: Fax:

4. Registration certificate number:

Date of issue: Issuing authority: …

Or cooperation agreement number:

5. Full name of representative: Position:

Identity card/Passport/Citizen Identification Card number:

Date of issue: Place of issue:

Appointment decision number: Date: By: decision

Or power of attorney number: Date: By: authorization

6. Tax code:

7. Registered capital/Contributed capital/Own capital: VND

II. RESULTS OF PRODUCTION AND BUSINESS AND USE OF LABOR

LABOR

1. Production and business results of the two years prior to the loan application (if available)

Year :

• Total revenue: VND

• Total expenses: VND

• Tax: VND

• Profit: VND

Year :

• Total revenue: VND

• Total expenses: VND

• Tax: VND

• Profit: VND

2. Labor utilization situation

Total current labor force: persons, including:

• Female workers (if applicable): people

• Workers with disabilities (if any): persons

• Workers from ethnic minorities (if any): persons

III. INFORMATION ON THE PROJECT AND LOAN REQUIREMENTS

1. Project name:

Location of the project:

2. Project content a) Current status

• Branch/branch/shop (address, area):

• Factory, warehouse (number, area, operating condition, address):

• Equipment, machinery (number, value, operating condition):

2. Development of production and business

• Expansion and renovation of factory, warehouse:

+ Area to be expanded and renovated:

+ Cost of expansion and renovation: .

• Investment in equipment:

+ Machinery, equipment (type, quantity, value):

+ Means (type, quantity, value):

• Working capital investment: Raw materials, fuel, goods, services (type, quantity, value):

3. Labor utilization plan.

Total labor force: persons, including:

• Number of new jobs created (if any): persons, including:

+ Female workers (if any): persons

+ Workers with disabilities (if any): persons

+ Workers from ethnic minorities (if any): persons.

• Number of existing jobs maintained and expanded: ... persons, including:

+ Female workers (if any): persons

+ Workers with disabilities (if any): persons

+ Workers from ethnic minorities (if any): persons

4. Economic efficiency of the loan project

• Total revenue: VND

• Total expenses: VND

• Profit: VND

d) Start date of the project: month ... year

3. Total project funding: VND, including:

- Own capital: VND

Request the Bank to lend: dong

(In words: )

to be used for:

4. Loan period: ... months

5. Source of money to repay bank debt

• Depreciation of assets financed by the loan: VND

• Depreciation of assets from own capital: VND

• Profit from the project and other sources: VND

• Estimated total annual debt repayment: VND

6. Principal repayment: Interest repayment according to:

I hereby commit to using the loan funds for the intended purpose, repaying the principal and interest on time. If not, I will bear full responsibility under the law./.

CONFIRMATION OF THE COMMUNE/TOWNSHIP/PRECINCT PEOPLE'S COMMITTEE
TOWN

Production and business base:

REPRESENTATIVE

(Signature, stamp and full name)

There is a project being implemented in the locality./. No.: No.: ... / ...-DA

CHAIRMAN OF THE PEOPLE'S COMMITTEE
CHAIRMAN

(Signature, stamp and full name)

FORM 3a

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

APPLICATION FOR LOAN
WORKING ABROAD UNDER CONTRACT outside under contract
(Direct lending to workers)

Respected: State Bank for Social Policies

Full name: Date of birth: / /

Ethnicity: Gender:

Identity card/Passport/Citizen Identification Card number:

Date of issue: Place of issue:

Place of residence:

Email/Website:

Belongs to category:

• Belongs to near-poor household □

• Relative of person with meritorious service □

I have a need to borrow from the National Employment Fund to work abroad under contract number in the country/region

signed on with (service company, organization sending workers abroad), address

within the term of months.

Request the Bank to lend: dong

{In words: ...)

Loan period: months

Principal repayment:

Collateral for the loan (if any):

I hereby commit to using the loan funds for the intended purpose, repaying the principal and interest on time. If not, I will bear full responsibility under the law./.

..., date ... month ... year ...

PERSON REQUESTING THE LOAN
(Signature and full name)

Mr./Mrs.:

Currently residing legally at the location.

Belongs to near-poor household (if any)

...... .(1)./.

..., day... month... year ...

APPROVED BY THE PEOPLE'S COMMITTEE
CHAIRMAN

(Signature, stamp and full name)

Note:

(1) People's Committee of the commune/township/street notes clearly the borrower belongs to the near-poor household (if any)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

APPLICATION FOR LOAN

WORKING ABROAD UNDER CONTRACT
(Loans to workers through households)

Respected: State Bank for Social Policies

Full name: Date of birth: / /

Ethnicity: Gender:

Identity card/Passport/Citizen Identification Card number:

Date of issue: Place of issue:

Email/Website:

Is the person authorized by household members to represent the household residing at:

I request a loan from the National Employment Fund for Mr./Mrs.: who is a member of the household.

Date of birth: / / Ethnicity: Gender:

Identity card/Passport/Citizen Identification Card number:

Date of issue: .. . Place of issue:

Relationship with the household representative :

Belongs to category:

- Belongs to near-poor household □

- Relative of person with meritorious service □

To work abroad under contract number in the country

/region signed on with (service

company, organization sending workers abroad), address within the term of months.

Request the Bank to lend: dong

(In words: )

Loan period: months Repayment of principal: Interest repayment:

I hereby commit to using the loan funds for the intended purpose, repaying the principal and interest on time. If not, I will bear full responsibility under the law./.

..., day ... month... year ...

PERSON REQUESTING THE LOAN
(Signature and full name)

Mr./Mrs.:

Currently residing legally at the location. Belongs to near-poor household (if any)

•••••• (!)•/.

..., day... month... year ...

CHAIRMAN OF THE PEOPLE'S COMMITTEE
CHAIRMAN
(Signature, stamp and full name)

Note:

1. People's Committee of the commune/township/street notes clearly the borrower belongs to the near-poor household (if any)

FORM 4

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

CERTIFICATE

RELATIVES OF PERSONS WITH MERITORIOUS SERVICE

1. Information about relatives of persons with meritorious service

Name:

Date of birth: / / Gender:

Place of residence:

Relationship with person with meritorious service⁽¹⁾:

2. Information about person with meritorious service Full name:

Date of birth: / / Gender:

Belongs to the category of persons with meritorious service ⁽²⁾:

File number:

Place of residence:

CONFIRMATION OF THE AUTHORIZED ORGANIZATION
WITH COMPETENT AUTHORITY ⁽⁴⁾

Mr./Mrs.:

Is a relative of a person with meritorious service./.

..., date...month...year...

HEAD OF THE UNIT
(Signature, stamp and full name)

..., day…month…year...

CONFIRMATION

OF THE PERSON WITH MERITORIOUS SERVICE
(Signature and full name)®}
…, day...month…year...

..., day..., month..., year...

APPLICANT
Enterprise (in capital letters): ...
(Signature and full name)

Note:

1. Record the relationship between the person requesting confirmation and those who have rendered meritorious service to the revolution: father, mother; SPOUSE or spouse; child (biological child, adopted child); Relative of烈士仍被认定为对革命有功的人.

2. Clearly specify the type of subject who has rendered meritorious service to the revolution.

3. This Section does not apply to martyrs or those who have rendered meritorious service to the revolution who have passed away.

4. Confirmation by the competent authority:

• The Center for the Care of War Invalids and Seriously Ill Veterans and Those Who Have Rendered Meritorious Service confirms those who have rendered meritorious service to the revolution under its management;

• Military and police units with authority as prescribed by the Ministry of National Defense and the Ministry of Public Security confirm those who have rendered meritorious service to the revolution managed by military and police units;

• The People's Committee of the commune confirms those who have rendered meritorious service to the revolution for the remaining cases residing in the commune.