Decree 61/2015/nd-Cp: Regulations On Employment Support Policies And National Employment Fund

Original Language Title: Nghị định 61/2015/NĐ-CP: Quy định về chính sách hỗ trợ tạo việc làm và Quỹ quốc gia về việc làm

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THE GOVERNMENT.
Numbers: 61 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 9, 2015

DECREE

The regulation of employment support policy and the National Fund for employment.

________________________

Government Law Base December 25, 2001;

The Labor Code base on June 18, 2012;

Employment Law Base November 16, 2013;

At the suggestion of the Minister of Labor-Trade and Social Affairs,

The government issued a regulatory decree on the creation of jobs support and the National Fund for employment.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree rules out the implementation of certain provisions of the Labor Code and the Employment Policy Act, which supports workers to work abroad under contract, supporting employment to youth and the National Fund for Employment.

What? 2. Subject applies

1. The employer is prescribed at paragraph 1 Article 3 of the Employment Law.

2. The employer pursues regulation at paragraph 2 Article 3 of the Labor Code.

3. Agency, businesses, organizations, individuals with regard to the specified content at Article 1 of this decree.

Chapter II

JOB POLICY

Item 1

CHOICE AND ANNOUNCEMENT OF THE PROJECT, THE IMPLEMENTATION OF THE PUBLIC EMPLOYMENT POLICY

What? 3. The project option, the implementation of the employment policy.

1. The projects, which operate under the provisions at Clause 1 Article 18 The Employment Law that is selected to implement the employment policy include:

a) Project, protection, management and use of soil resources, water, forests; disaster prevention, application to climate change;

b) Project, conservation activity, cultural development and tourism; and the development of

c) Project, construction, renovation and maintenance activities: Roads, schools, children, health stations, markets, work servers demand for sports culture activities; irrigation works, irrigation, dykes; electricity supply works, clean water, sanitation, sanitation and sanitation. school;

d) Project, other community service.

2. The minister, peer-to-peer authority; Chairman of the Provincial Committee of the Provincial People, the Central Committee of the Central Committee (later known as the Provincial People's Committee); Chairman of the District People ' s Committee, District, Town, Province, Province (later known as the Committee) The people of the district, the Chairman of the People's Committee, the township, the town (later called the Committee of the People's Committee), decided to implement a policy of employment for the projects, operating under the provisions of Article 1.

What? 4. The project announcement, implementation of the employment policy.

1. The ministry, the peer agency, the Provincial People 's Committee, the District People' s Committee informed the committee of the People ' s Committee on the project, which operates the implementation of the public employment policy, the work content that needs to be done; quality, job progress needs. achieved and the need for employers to take part in the work policy.

2. The People's Committee is publicly listed at the headquarters, sites of community life, and informs on the social media of the level of information that is specified in this Article 1 Article.

Item 2

PARTICIPATION IN JOB POLICY

What? 5. Register to join the employment policy

1. The worker has the need to participate in the policy of employment in the project, which operates in Article 3 of this decree with the People's Composition Committee where legal residence pursues to the guidelines of the Ministry of Labor and Social Affairs.

2. The Social People's Committee of the Social People's list of workers has the need to participate in the policy of employment; publicly listed at headquarters, community-based sites and announcements on the media of the township level.

What? 6. Choice of workers to participate in job policy

The People ' s Committee coordinated with the contractor (if any), political-social organizations, community representatives who benefit from the project, work on implementing the employment policy of selecting workers to participate in the policy of employment in the list. Registered labourers engaged in order of preference:

1. The subjects stipulate at paragraph 2 Article 19 The Employment Law.

2. The worker of the household of agricultural production is mainly.

3. The local resident worker who performs the project, operates.

What? 7. The regime for labourers engaged in employment policy.

1. The employer has the use of labour involved in the employment policy that must deliver labour contracts to the worker and to ensure the regimes for the worker in accordance with the regulation of the labour law.

2. The project, which operates a policy of public employment, is the statutory participation of the law on bidding, the Ministry of Labor and Social Affairs instructs the regimes to the workers.

Section 3

ORGANIZATION IMPLEMENTING JOBS POLICY

What? 8. The responsibility of the ministries, peer agencies, the People ' s Committee

1. The Ministry of Labor-Trade and Social Guide, audits and the Government report results on the implementation of the employment policy.

2. The ministries, peer-to-peer agencies, instruct the organization to implement the projects, operate the implementation of the employment policy; examine and submit the results of the implementation of the employment policy to the Ministry of Labor-Trade and Social Affairs.

3. The People ' s Committee of the Organizing Committee performs projects, activities that implement the policy of employment on the site; examine and report the results of the implementation of the Employment Policy pursuits to the guidelines of the Ministry of Labor and Social Affairs.

What? 9. Monitor the implementation of the public employment policy.

1. The residential community oversees the use of labour and the implementation of the regimes for workers involved in the policy of employment on the site.

2. Political-social organizations participate in overseeing the use of labor and the implementation of the regimes for workers involved in the policy of employment on the site.

Chapter III

SUPPORT WORKERS TO WORK.

IN FOREIGN COUNTRIES

What? 10. The policy of supporting the worker goes to work abroad under contract.

Workers are ethnic minorities; poor households, poor households, or households to recover agricultural land; the relatives of the public with the way the network has the need to work abroad under the supported contract:

1. Support for vocational training, foreign languages, fostering knowledge required:

a) Learning tuition fees, foreign languages, fostering knowledge required;

b) Money in real time;

c) The travel cost (01 turns and return) from the residence to the training site from 15 km or more from 10 km or more to the legal resident worker in the region with economic-intensive socioeconomic conditions.

The employees of the poor districts are supported by additional funds and essential personal belongings.

2. Support costs of passport procedure, visa, health care, judicial reasoning before working abroad pursuits to the rule of law.

3. Support of risk settlement during working time abroad under the rule of law.

4. Support the cost of training, raising the skill level in the event of the required water.

5. The Ministry of Labor-Trade and Social presided over, in coordination with the relevant processes, procedures and specific levels of support for each object.

What? 11. Support of capital loans to workers who work abroad under contract for the country.

1. The worker of the poor, the household recovery of agricultural land and labourers is the ethnic minority that is borrowed to work abroad under contract from the Social Policy Bank under the rule of law.

2. The workers of the poor, labourers are the relatives of the public with the way the borrower is borrowed to work abroad under contract from the National Fund for employment in accordance with Section 3 Chapter V This decree.

What? 12. Support for foreign labor market development

1. Support the development of the overseas labor market through the following activities:

a) Research, market survey of labor market;

b) Promots information on Vietnamese labour;

c) Promotion of the development of the overseas labor market.

2. Ministry of Labor-Trade and Social presided over, in coordination with the relevant authorities and the level of support for the development of the overseas labor market.

What? 13. Cost of execution

The funding for supporting workers to work overseas under contract is arranged by the state budget. The funding for the aid worker of the household was revoked by agricultural land in accordance with the provisions of the Law of Land and Guide documents.

Chapter IV

JOB CREATION SUPPORT

Item 1

VOCATIONAL TRAINING FOR YOUTH FULS DUTY

MILITARY SERVICE, PUBLIC SERVICE, YOUTH VOLUNTEER

What? 14. The vocational training object

The youth of military service, public service, and youth volunteer to complete the task of carrying out the program, the economic development project-the society is supported to vocational training in response to regulatory conditions at Article 15 of this decree.

What? 15. Conditions supporting vocational training

Pursuits to regulations at Article 14 of this Protocol are supported for vocational training when there are sufficient following conditions:

1. There is a need for vocational training in the 12-month term since the date of the completion of the military service, the public service; completion of the task of carrying out the program, the economic development project-the society;

2. Unsupported vocational training from other vocational training support policy has used the funding of the state budget since the date of the completion of the military service, the public service; completion of the task of carrying out the program, the economic development project-social media. Yeah.

What? 16. Content and level training support

1. The subjects as defined at Article 14 of this decree enter the training of the intermediate degree, the college is supported:

a) As long, reducing tuition fees and supporting the cost of learning by the regulation of the Education Law, Career Education Law and Guide texts;

b) borrowing capital to participate in the training of middle-level, college-based vocational training in accordance with the policy of credit for students, students with difficult circumstances.

2. The specified subjects at Article 14 of this decree engaged in the training of a vocational training card that has a maximum value of 12 months ' worth of wages at the time of vocational training and has a value used in the 01-year period since the date of the grade.

3. Ministry of Labor-Trade and Social Affairs, Ministry of Defence, Ministry of Public Security to implement a policy of facilitation training policy for the specified subjects at Article 14 of this Decree.

What? 17. Business training support

The funding for the training of vocational training for the objects stipulated at Article 14 of this Decree is in accordance with the regulation of the law on state budgets.

Item 2

PROFESSIONAL YOUTH SUPPORT, BUSINESS STARTUP

What? 18. Career youth support

1. Object support:

a) Students in high school;

b) Youth is studying at the institution of higher education, the institution of vocational education;

c) Youth has graduated from the institution of higher education, the institution of vocational education.

2. Support content:

a) career orientation;

b) Provide information about employment, occupation;

c) Training, fostering search and work skills;

d) Join the internship program working at the business, organization;

Lending preferable loans from the National Fund for employment under the rule of law.

3. Economic and economic situation in time, the Ministry of Labor-Trade and Social Affairs chaired, in coordination with the government-led agencies that decided to support the established youth.

What? 19. Youth Assistance to Business

1. Object support:

a) Youth has the need to start business;

b) Youth started the business.

2. Support content:

a) Provide knowledge of the law, corporate governance and related matters of enterprise;

b) Training, fostering knowledge of business;

c) The preferable loan from the National Fund on employment under the rule of law.

3. Economic and economic situation in each period, the Ministry of Labor-Trade and Social Affairs, in coordination with the government-led agencies that determine the support of the youth to start the business.

Chapter V.

NATIONAL FOUNDATION FOR EMPLOYMENT

Item 1

MANAGEMENT AND USE OF NATIONAL FUNDS ON EMPLOYMENT

What? 20. Use the National Fund for employment

The National Fund for employment (later known as the Foundation) is used for the following activities:

1. Preferable Lending To Small And Medium-term business, cooperative, collaborative organization, business households and workers to create jobs, maintain and expand employment;

2. Give a preferable loan to the worker who goes to work abroad under contract.

What? 21. National Fund Manager for employment

1. The Ministry of Labor-Trade and Society performs state management functions on the Fund; in coordination with the Ministry of Finance, Ministry of Planning and Investment allocation of capital and delivery of implementation to the Provincial People ' s Committee and the central body of the UN General Assembly. Vietnamese women, the Communist Youth League of Ho Chi Minh, Vietnam Farmers 'Association, Vietnam Workers' Union, Vietnam Veterans Society, Vietnam People's Union, Vietnam Blind People's Association (later known as the organization's implementation).

2. The provincial and central committee of the organization implementing the program is tasked with managing and using the funding from the Fund as prescribed at this Decree.

3. The Fund is assigned to the Management Social Policy Bank and the loan under the regulation at this Decree. The Social Policy Bank reports results in the guidelines of the Ministry of Labor and Social Affairs.

Item 2

LENDING PREFERABLE TO SMALL AND MEDIUM-TERM BUSINESS

COOPERATIVE, COOPERATIVE, BUSINESS.

AND THE WORKER.

What? 22. Capital Loan Principles

1. Make sure the right object is, for the goal of supporting job creation, maintaining and expanding employment.

2. Insurance.

3. Simple, public, transparent procedure.

What? 23.

1. The borrower is prescribed at 1 Article 12 Employment Laws.

2. Small and medium, cooperative, cooperative, business partner (later known as manufacturing facility, business) using a variety of labourers who are handicapped, ethnic minority at Point A 2 Article 12 The Employment Law is regulated as follows:

a) The manufacturing facility, the business that employs a lot of labourers is the disability that the business production base uses from 30% of the total workforce becoming disabled;

b) The manufacturing base, business use of many labourers is the ethnic minority that is the basis of business production using from 30% of the total workforce becoming ethnic minority;

c) The manufacturing facility, the business that employs a variety of labourers, is the ethnic minority that is the basis of business production from 30% of the total workforce becoming handicapped and ethnic minority.

What? 24.

1. For the manufacturing facility, business, a maximum of 1 projects of 1 billion copper and no more than 50 million copper for the 1 worker created employment.

2. For the worker, the maximum loan is 50 million.

What? 25. Capital loans

The loan period is no more than 60 months. A specific loan period by the Bank of Social Policy and the borrower is based on capital, production cycle, business, and the ability to repay the debt of capital loans.

What? 26. Capital Interest Rate

1. For the object of regulation at paragraph 1 Article 12 The employment, interest rate capital gains capital gains on the poor per period prescribed by the Prime Minister.

2. For the specified object at paragraph 2 Article 12 The employment law, the loan interest rate is equal to 50% of the specified interest rate at paragraph 1 This Article.

3. An overdue debt interest rate is equal to 130% of capital loan interest in Clause 1 and Clause 2 This.

What? 27. Make sure the loan guarantees

For a loan of over 50 million copper from the Fund, the manufacturing facility, the business must have assets that guarantee the loan in accordance with the rule of law.

What? 28.

1. The worker, the manufacturing facility, the business that has the need to borrow capital from the Loan Filing Fund which sends the branch of the Social Policy Bank or Social Policy Bank (later called the local Social Policy Bank) where the real estate is. The project.

2. Capital loan profile:

a) For the worker:

-A proposed loan proposal by the Social People's Committee on legal residency;

-A paper copy that proves the priority object stipulated at point b 2 Article 12 of the Employment Law (if any).

b) For the manufacturing base, business, capital loan records include:

-The confirmed capital loan project by the People's Committee on the implementation of the project;

-Copy one of the following papers: Business registration certification, cooperative registration certificate, cooperative contract, business registration certificate;

-A document copy that proves the priority object stipulated at Point A 2 Article 12 of the Employment Law (if any);

-The paperwork is related to the secured property (if any).

3. The Ministry of Labor-Trade and Social Guide performs Clause 2 This.

What? 29. appraisitalization, capital loan approval

1. For the project of capital funds administered by the Provincial People ' s Commission:

a) For a 10-day period of work, since the date of receiving the capital loan, the local Social Policy Bank organizes the appraisal, the Chairman of the District People's Committee where the project is approved;

b) During the 5-day period of work, since the date of receiving the browser profile, the Chairman of the Committee of the People's Committee on the Review Project, approved. If you do not decide to approve, you answer in writing and specify the reason for the Bank of Local Social Policy to implement the project to inform the borrower.

2. For the project belonging to the capital implementation of the management program:

a) In the 10-day term since the date of the capital loan receive, the local Social Policy Bank organizes the appraisal of the organisation ' s provincial agency chief of implementation of the review program, approx;

b) During the 5-day period of work, since the date of receiving the browser profile, the head of the organization's provincial authority does the review program, approx. If you do not decide to approve, you answer in writing and specify the reason for the Bank of Local Social Policy to implement the project to inform the borrower.

What? 30. recall and use of borrowed capital

1. Local Social Policy Bank coordination with relevant agencies that recall both the root and interest of the borrower when it comes to a deadline, the borrower may negotiate a loan in advance. In the course of the loan, the Social Policy Bank, the Labor Department-Trade and Social Affairs, the Chamber of Labor and Social Affairs, the organization performs the inspection program, which oversees if the borrower ' s discovery is used unproperly, not guarantees. As a result of the capital loan, it was reported that the loan officer had decided to recover the loan before the deadline.

2. The Social Policy Bank uses the borrower that has recovered to lend, constrain capital to be stagnated.

3. In case it is necessary to regulate the source of loans between the localities, the organizations implement the program, the Social Policy Bank reports the Ministry of Labor-Trade and Social review, the decision. The Social Policy Bank is responsible for the transfer of capital by the decision of the Ministry of Labour-Trade and Social Affairs.

What? 31. Use of loan interest

1. The loan interest is used as follows:

a) Exposition of the Project Fund;

b) The cost of lending management, loan returns, inspection, supervision;

c) Additional funds for the Fund.

2. The agencies in coordination with the Bank of Social Policy in the process of appraisal, the league and the return of capital loans are paid by the Social Policy Bank paid off from the loan interest.

3. The Ministry of Finance guides the use of borrowing capital by regulation at this.

What? 32. Deal on loan risk debt

The risk of borrowing the borrower is done by the Government's provisions on the risk of risk disposal mechanisms at the Bank of Social Policy.

What? 33. Build, approve the loan plan and target employment only.

1. Every year, the Provincial People ' s Committee, the central body of the organization to implement the loan plan program and to spend only the employment of the Ministry of Labor-Trade and Social Affairs, the Prime Minister considers, the decision.

2. Every year, on the basis of approval by the Prime Minister, the Ministry of Labor-Trade and Society announced the loan plan and only the employment of jobs for the local, programs that implement the program and the Social Policy Bank to build the real plan. Now.

What? 34.

1. Base-funded state budgets on the funding of loans that support employment, maintain and expand employment, the Ministry of Finance as a capital-level procedure for the Bank of Social Policy. The Social Policy Bank transferred funds to the local Social Policy Bank to implement the approved plan.

2. The case of Social Policy Banking raising funds to perform a job supporting job creation, maintenance, and employment expansion is granted offset of interest rates.

Section 3

LENDING INCENTIVES TO WORKERS GOING TO WORK.

IN FOREIGN COUNTRIES

What? 35. Capital Loan Principles

1. Make sure the right object.

2. Insurance.

3. Public guarantee, transparency.

What? 36.

A maximum of 100% of the cost of working overseas under contract contracts between workers and service businesses, the career organization bringing workers to work abroad under contract.

What? 37. Reserve on loan guarantees

For a loan of over 50 million, the borrower is preferable to work abroad under a contract which must have the property that guarantees the borrower's statutory loan.

What? 38. Capital loans

The period of borrowing funding for overseas work under the contract does not exceed the employment deadline of the labourers in the contract signed between workers and the service business, organizing a career that takes workers to work in the country. Out.

What? 39. Capital interest rate

1. Interest rates preferable to workers travelling overseas under a contract by loan interest to poor households by the time specified by the Government.

2. The debt interest rate is overdue equal to 130% of capital loan interest in the clause 1 Article.

What? 40.

1. The worker has the need to borrow preferable capital to go to work abroad under a loan contract filing which sends the local Social Policy Bank to residence.

2. Capital loan profile:

a) The proposed capital loan under the guidelines of the Ministry of Labor-Trade and Social Affairs have the confirmation of the Social People ' s Commission on legal residency;

b) The copy of the document that proves the worker of the subject specified in paragraph 2 Article 11 of this decree;

c) The copy of the contract signed between workers with the service business, the career organization bringing workers to work abroad;

d) The passport copy for the duration of the worker;

The papers are related to the secured property (if any).

What? 41. Judge, loan approval

For a 10-day period of work, since the date of receiving a loan-backed loan, the local Social Policy Bank organizes the appraisal and approval. If the decision is not approved, the Local Social Policy Bank informs the worker by writing and stating the reason.

What? 42. Loan returns

1. The Social Policy Bank returns both the root and interest of the borrower when it comes to a deadline; the worker can make a deal on the return of capital loans.

2. For the service business bringing workers to work abroad management of workers 'wages overseas, businesses, workers, and Social Policy Bank agreement on the wage transfer of the worker' s wages, the company said in a statement. I mean, it's a loan.

What? 43.

1. The loan interest is used as follows:

a) Exposition of the Project Fund;

b) The cost of lending management, capital recovery;

c) Additional funding for the Fund.

2. The Treasury Department instructs the use of the borrower by regulation at Clause 1 Article.

What? 44. Deal on loan risk debt

The handling of the debt risk is preferable to workers working abroad under contract implementation by the Government's provisions on the risk of risk disposal mechanisms at the Bank of Social Policy.

What? 45. Build, approve the loan plan

1. Every year, the Provincial People ' s Committee builds a preferable loan plan for workers to work abroad under contract to send the Ministry of Labor-Trade and Social Affairs, the Prime Minister considers, the decision.

2. Every year, on the basis of approval by the Prime Minister, the Ministry of Labor-Trade and Society announced plans to borrow incentives for workers to work abroad on contracts for the local and Social Policy Bank to build their own business. It's a plan.

What? 46.

1. The base of the state budget is funded by an additional source of capital loans to workers who work abroad under contract, the Ministry of Finance as the capital of the Bank for Social Policy. The Social Policy Bank transfers capital to the local Social Policy Bank to organize.

2. The case of Social Policy Bank raising funds to make preferable loans to workers who work overseas under contract are offset by interest rates by the state.

Chapter VI

EXECUTION CLAUSE

What? 47. Effect of enforcement and accountability

1. This decree has been in effect since 1 September 2015.

2. Number Decision 71 /2005/QĐ-TTg April 05, 2005 Prime Minister of the Government of the Government of Management and Executive of the National Fund for employment and Decision No. 15 /2008/QĐ-TTg January 23, 2008 by the Prime Minister on amendments and additions of some of the provisions of the Digital Decision 71 /2005/QĐ-TTg; the policy rules that support the Department of Vocational Education in Decision No. 121 /2009/QĐ-TTg October 9, 2009 by the Prime Minister on the mechanism of operation of vocational training facilities in the Ministry of Defense and policy of supporting the department of apprentips; Article 4 Decree No. 03 /2014/ND-CP 16 January 2014 of the Government rules the implementation of some of the provisions of the Labor Code for the full implementation of the action force since the date of this decree taking effect.

3. Capital loan projects from the National Fund for employment approved prior to the date of the decree take effect on the implementation of the approved project.

4. The programs, the project, the project to assist workers to work abroad under contract was approved before the date of the decree taking effect, according to the program, the project, the project was approved.

5. Ministers, peer-to-peer agencies, Head of the Government of the Government, Chairman of the Provincial Committee of the Provincial People, the Central City of Central and the agencies, businesses, organizations and individuals are responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung