Decree No. 81/CP provides detailed regulations and guidance on implementing certain provisions of the Labor Code concerning disabled workers.

DECREE

DECREE NO. 81-CP OF NOVEMBER 23, 1995 ISSUED BY THE GOVERNMENT PROVIDING FOR DETAILS AND GUIDELINES ON IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LABOR CODE CONCERNING DISABLED WORKERS

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;
Based on the Labor Code dated June 23, 1994;
Pursuant to the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE

Chapter 1:

GENERAL PROVISIONS

Article 1. The disabled person referred to in this Decree is a person whose labor capacity has been reduced by 21% or more due to disability, confirmed by the Medical Appraisal Board.

Article 2.

1. Vocational training institutions exclusively for disabled persons referred to in this Decree include schools and centers established by the State, organizations, and individuals to train, retrain, and provide supplementary vocational training for disabled persons in accordance with the law.

2. Vocational training institutions exclusively for disabled persons must regularly have at least 70% of their students being disabled persons.

Article 3.

1. Production and business establishments exclusively for workers who are disabled persons referred to in this Decree include state-owned enterprises, private enterprises, companies, cooperatives, production groups established in accordance with the law;

2. Production and business establishments exclusively for workers who are disabled persons must meet the following conditions:

a. Having ten or more employees, of which over 51% are disabled persons;

b. Having regulations or charters suitable for the category of disabled workers.

Article 4Annually, the Ministry of Labor, Invalids and Social Affairs shall take the lead in coordinating with the Ministry of Finance and the Ministry of Planning and Investment to develop plans to allocate a portion of the budget to assist disabled persons in restoring health, restoring work functions, learning trades, and creating employment; supporting vocational training institutions and production and business establishments exclusively for disabled persons; and supporting businesses that accept a higher number of disabled persons for trade training and employment than the ratio prescribed in Article 14 of this Decree.

Article 5.

1. Each province and centrally-administered city shall establish a job creation fund for disabled persons to assist disabled persons in restoring work functions and creating employment.

2. The job creation fund for disabled persons shall be formed from the following sources:

a. From local budgets;

b. From the national employment fund;

c. Revenue from enterprises that fail to employ the required number of disabled persons as stipulated in Article 14 of this Decree;

d. Assistance from domestic and foreign organizations and individuals;

e. Other revenue sources.

3. The job creation fund for disabled persons shall be used for the following purposes:

a. To support the following entities:

Vocational training institutions and production and business establishments exclusively for disabled persons to build initial physical and technical infrastructure, maintain vocational training activities, and develop production;

Businesses that accept a higher number of disabled persons for employment than the ratio prescribed in Article 14 of this Decree.

b. To lend at low interest rates to the following entities:

Vocational training institutions and production and business establishments exclusively for disabled persons;

Individuals and groups of disabled workers;

Vocational training institutions that accept disabled persons for trade training;

Businesses that accept a higher number of disabled persons for employment than the ratio prescribed in Article 14 of this Decree.

c. Activities to restore work functions for disabled persons.

Article 6.

1. The Ministry of Finance shall take the lead in coordinating with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Planning and Investment to guide the establishment and use of job creation funds for disabled persons in provinces and centrally-administered cities.

2. The Ministry of Labor, Invalids and Social Affairs shall be responsible for inspecting the use of the fund to ensure that it is used for its intended purpose and for the intended beneficiaries.

Chapter 2:

REGIME FOR VOCATIONAL TRAINING INSTITUTIONS AND PRODUCTION AND BUSINESS ESTABLISHMENTS EXCLUSIVELY FOR

PERSONS WITH DISABILITIES

, Clause 1, Clause 2 Article 7a of this Regulation.Vocational training institutions and production and business establishments exclusively for disabled persons may be considered for partial funding from the job creation fund for disabled persons of the province or centrally-administered city when they have projects to train or retrain disabled workers, maintain and develop production, hire additional disabled workers, or to establish initial physical and technical infrastructure.

The amount of funding shall be determined in accordance with the regulations of the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Planning and Investment.

Article 8. Vocational training institutions and production and business establishments exclusively for disabled persons may borrow capital at low interest rates from the job creation fund for disabled persons of the province or centrally-administered city, and other state capital sources when they have projects for vocational training or production development.

Article 9. Vocational training institutions and production and business establishments exclusively for disabled persons shall be given priority in land allocation or lease at locations convenient for organizing vocational training and production and business activities for disabled persons.

Article 10Vocational training institutions and production and business establishments exclusively for disabled persons shall be exempt from various types of taxes. Procedures for tax exemption shall be in accordance with the regulations of the Ministry of Finance.

Article 11Capital provided by the State, and assistance from domestic and foreign organizations and individuals, shall be property entrusted to vocational training institutions and production and business establishments exclusively for disabled persons to manage and use for the common benefit of the collective and shall not be distributed to individuals.

Article 12.

1. Disabled persons studying or receiving supplementary vocational training at vocational training institutions managed by the State shall enjoy the following benefits:

a. A 50% reduction in tuition fees for those whose labor capacity has been reduced by 31% to 40%;

b. Exemption from tuition fees for those whose labor capacity has been reduced by 41% or more. During the period of vocational training or supplementary vocational training, disabled persons whose labor capacity has been reduced by 41% or more, if not receiving wages, living expenses, or scholarships, shall receive a monthly social allowance of 100,000 dong from the State budget.

2. The Ministry of Education and Training shall coordinate with the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance to provide detailed guidance on the exemption and reduction of tuition fees and social allowances as prescribed in Clause 1 of this Article.

Chapter 3:

RIGHTS AND OBLIGATIONS OF VOCATIONAL TRAINING INSTITUTIONS AND BUSINESSES ACCEPTING DISABLED PERSONS

FOR TRADE TRAINING AND EMPLOYMENT

Article 13.

1. Institutions accepting disabled persons for trade training shall be eligible for a reduction in business income tax from trade training according to the regulations of the Ministry of Finance.

2. Institutions accepting disabled persons for trade training may borrow capital at low interest rates from the job creation fund for disabled persons of the province or centrally-administered city when they have trade training projects.

Article 14.

1. All types of enterprises under all forms of ownership must accept a certain percentage of disabled workers for employment, as follows:

a. Two percent for enterprises in the electricity generation, metallurgy, chemical, geology, surveying and mapping, oil and gas, mining, mineral extraction, basic construction, and transportation industries;

b. Three percent for enterprises in other industries.

2. The ratio of persons with disabilities that enterprises must accept is the proportion between the number of persons with disabilities and the average monthly number of employees of the enterprise.

Article 15.

1. Enterprises accepting fewer persons with disabilities to work than the ratio prescribed in Article 14 of this Decree shall pay a certain amount of money into the employment fund for persons with disabilities each month, as stipulated by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.

2. Enterprises accepting more persons with disabilities to work than the ratio prescribed in Article 14 of this Decree, when facing difficulties in production and business operations or having development projects, may be considered for low-interest loans or support from the employment fund for persons with disabilities, according to the guidelines of the Ministry of Labor, Invalids and Social Affairs and the Ministry of Finance.

Article 16.- Training institutions for persons with disabilities or employers using laborers who are persons with disabilities, in addition to complying with general provisions of the Labor Code, must create favorable conditions for persons with disabilities to work, such as arranging machinery and equipment; providing appropriate personal protective equipment, occupational safety, and hygiene facilities suitable for the mental and physical characteristics of each type or group of disabilities of persons with disabilities.

Chapter 4:

IMPLEMENTING PROVISIONS

Article 17This Decree takes effect from the date of signature. All provisions regarding employment of persons with disabilities contrary to this Decree are abolished.

Article 18. The Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, and the Ministry of Planning and Investment are responsible for guiding the implementation of this Decree.

Article 19The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.