Dispatch 542/nhpt-Ttkh: Guidelines For Lending Support To Businesses In Trouble Due To The Economic Slowdown Has Cut Labor In 2009

Original Language Title: Công văn 542/NHPT-TTKH: Hướng dẫn thực hiện cho vay hỗ trợ đối với doanh nghiệp gặp khó khăn do suy giảm kinh tế có cắt giảm lao động trong năm 2009

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Dear units and subordinated to the Vietnam Development Bank pursuant to decision No. 30/2009/QD-TTg dated 23/02/2009 of the Prime support for workers to take jobs in businesses in trouble due to the economic downturn.
Base circular No. 12/2009/TTLT-BLDTBXH-BTC dated 27/02/2009 of the Ministry of labor, invalids and Social Affairs and the Ministry of Finance of the guidelines decision No 30/2009/QD-TTg dated 23/02/2009 of the Prime support for workers to take jobs in businesses in trouble due to the economic downturn. 
General Director of Vietnam Development Bank guidelines and units directly under the Vietnam Development Bank include: headquarters; the transaction and the Bank branch of development in the region and the province, central cities (hereafter referred to as the branch to NHPT) make loan support services for enterprises in trouble due to the economic slowdown has cut labor but not enough money to pay salaries , social insurance premiums and subsidies job loss (or retrenchment) for workers who lost jobs.
Part I-objects, principles and conditions for the loan of 1. Object: the Vietnam Development Bank (NHPT) lending businesses are legitimate activities in Vietnam under the enterprise law (including State enterprises) experiencing difficulties due to the economic downturn does not yet have the ability to pay wages, social insurance and pension money lose jobs or retrenchment for workers lose jobs in 2009 has a number of lao to decrease from 30% or from 100 workers or more (not counting workers have a time limit of less than 3 months).
Employees of the business is to reduce the number of salaried workers in the list of enterprises to decrease in 2009, including: labor of Vietnam nationals working in enterprises by labour contract does not specify the time limit; labor contracts specify the time limit from 12 to 36 months, enough; seasonal employment contract or under certain work term from enough 3, back up.
Time determine the number of workers to reduce the time plans labor arrangement in 2009.
Have used all the resources of the business but still not enough to pay the salary, social insurance premiums and subsidies job loss or retrenchment for workers losing jobs, including: Reserve Fund on subsidies job loss, pay pay for workers including the reserve fund salaries , the sources were quoted to social insurance premiums but has not played for social insurance.
2. lending principles:-only lenders for the business loan subject to the provisions of article 1 and to meet all the conditions for the loan according to the instructions in this document.
-Only for business loans the repayment of salary, social insurance premiums and subsidies job loss or retrenchment pay for workers who lose jobs in 2009.
-Business loan proposal and pledged to repay the loan in full, in a timely manner according to the loan contract signed with NHPT.
-Loan business is exempt property for secured loans.
3. lending conditions:-the business must have legal capacity, active production business.
-Businesses have arranged labor are the Department of labor, invalids and Social Affairs where local businesses close Headquarters confirmed.
-Business report the source of your business to the payment of wages, social insurance premiums and subsidies job loss or retrenchment for workers to lose jobs include: Reserve Fund on subsidies job loss, pay pay for workers including the reserve fund salaries , the sources were quoted to social insurance premiums but has not played for the social insurance agency is the Department of finance where local businesses close Headquarters confirmed.
4. loan Rate: the maximum total debt wages, social insurance premiums and subsidies job loss or retrenchment pay for workers who lose jobs in 2009 excluding the Reserve Fund on subsidies, job loss the account to pay the wages for workers including the reserve fund salaries , the sources were quoted to social insurance premiums but has not played for the social insurance of enterprises.
5. Interest rate:-lending rate: 0% (not percent).
-Overdue interest: 150% credit interest on investment of the State at the time of transfer the overdue debt.
6. the term of the loan: must not exceed 12 months, be determined according to the scheme of repayment of capital withdrawal accounts for each business and from the date of signing the contract to receive debt relief.
7. loan currency, repayment: Council of Vietnam.
Part II sequence-profile reception procedures, loan-debt collection 1. Asked about profile: profile 1.1 business loans: loan demand sent the following documents to the business place NHPT Branch Headquarters, include: 1.1.1. The paper suggested the loan (form No. 2).
1.1.2. the legal records:-resolution on the election of the President of the Council/Board members; The decision to appoint the Director-General (Executive Director), Chief Accountant (copies of the business).
-Business registration certificate (copies of the business).
Businesses just send legal profile for the first loan and submit additional changes of the content, number of documents.
1.1.3. Financial records:-2008 financial report was established under the provisions of the law (copies of the business).
-Quarterly financial report to the nearest to the time of making a loan (copies of the business).
-Certified by the Department of finance about the sources of the business to the payment of wages, social insurance and pension money lose jobs or retrenchment for workers lose jobs: Reserve Fund on subsidies job loss, pay pay for workers including the reserve fund salaries , the sources were quoted to social insurance premiums but has not played for the social insurance agency.
1.1.4. The record of labour-social insurance:-labour arrangement plan in 2009 are the Department of labor, invalids and Social Affairs where the enterprise closes Headquarters confirmed.
-The list of salaries, social insurance, subsidize job loss or retrenchment of workers lost jobs in 2009 (model No. 03).
1.2 disbursements records:-disbursement recommendation Paper (04a) accompanied by lists of salary, pension, lost their jobs or BHXH retrenchment of workers lose their jobs, the proposal is paid (04b).
-Lists the amount of social insurance 2009 debt of workers lost jobs or quitting the social insurance agencies where premium business validation.
-Employment contract of workers lost jobs or retrenchment in 2009 (copies of the business).
-The decision to quit, termination of workers lost jobs (copies of the business).
2. Procedure of receiving profile: NHPT branch is responsible for guiding business loan demand set records and receiving loan records; The case of missing records, NHPT branch stating the missing records catalog and additional deadlines on the delivery slip profile (model No. 01).
3. Verify the record loans and lending decisions: after getting enough loan records, within 7 working days, branch responsible NHPT check profile:-business cases not subject to or not eligible loans, the branch had sent notification text NHPT business.
            -The business case in object and qualify for loans, within 3 working days from the date of the application, the branch held responsible NHPT verifies records loans, lenders send message entrepreneur (model number 05), in collaboration with the completing business signed the loan contract (model No. 12).
4. Disbursements: disbursements proposal paper base for workers and social insurance, with the records of the business loan disbursements sent NHPT branch is responsible, check the legal, valid and organizations make loan disbursements according to the sequence, the following procedure: 4.1. Principles, disbursement method:-the maximum disbursement amount does not exceed the loan amount on the loan contract signed.
-For the right audience in proportion to the loan amount/total amount NHPT workers lose jobs or retrenchment in 2009.
-The money is paid directly to the workers and social insurance for payment of salaries, allowances or job loss retrenchment and social insurance premiums in 2009 for workers to lose jobs.
-Location, organization time paid by enterprises and branch NHPT.
          4.2. disbursement sequence: right after getting the paper suggest that disbursements for the workers and the social insurance agency, branch establishment registration source transfer NHPT send headquarters. After the money transfer, the Headquarters Branch NHPT taking steps disbursed as follows: 4.2.1. Pay for workers:-after checking the adequacy of and disbursement records, will disburse directly to employees in front of the business. When going to get the money, the employees present proof case (instead of the authorization certificate under the provisions of the law ID attached to the recipient's people instead; No event ID people have confirmation of businesses and public safety agencies where workers registered permanent residence or temporary stay, the papers on the following call is valid).
-If the employee is absent yet to get paid on time, the message to NHPT Branch Office to receive the money. When going to get money, workers carry the recommendation of the business with legitimate identification.
4.2.2. the social insurance instalments: after checking the adequacy of and disbursement records, NHPT branch will transfer the amount of the debt to the social insurance business for the social insurance agency.
4.3. Test the following disbursements: NHPT Branch performs the following checks disbursed about accuracy of business records submitted to recommend disbursement.
5. About escrow receiving debt:

Business sign escrow receiving debt upon NHPT branch approved disbursements by enterprise.
 6. loan debt recovery management: 6.1. Debt collection-professional officers are responsible to urge debt collection.
-Based on the deed to receive debt relief, 10 days before arrival repay NHPT branch, collection notice sent to the business.
6.2. Transfer the overdue debt To repay, if business does not pay the debt loans, overdue debt transfer NHPT branch according to the regulations.
7. check and report: 7.1. Statistical reporting mode:-periodically monthly, 5th NHPT branch lending situation reporting, debt collection which supports the business in trouble due to the economic slowdown has cut labor in 2009 (model No. 12), sent to the headquarters NHPT (Customer Center) in writing and communication lines.
-Branch NHPT make unscheduled reports according to the content and the time limit due to NHPT ceo rules.
7.2. test, sỏt: giỏm-Branch Manager NHPT held the check, test the implementation in the genus NHPT nhỏnh.
-Headquarters implementation check monitoring through reporting, inspection or Gospel Group organized the results of self-examination of NHPT branch.
III/implementation 1. Lending authority General Manager NHPT decentralized to NHPT Branch Director for the reception, appraisal, loan decisions and be responsible for debt collection support loans for businesses in trouble due to the economic slowdown has cut labor but not enough money to pay salaries , social insurance premiums and subsidies job loss or retrenchment for workers to lose jobs.
2. In the branch: Branch Manager NHPT organizations make payment to each worker safety, convenience. NHPT branch along the business specific agreement about the location, time and billing the layout accordingly, clearly the responsibilities of each party in preparation, in particular:-for the business: + layout location convenient payment: With enterprises in the industrial park, businesses have the responsibility to register the payment location at the industrial zone management Board; The business is not located in the industrial register payment locations in the business. The business case is based not far from the headquarters of the branch organizations NHPT payment at the headquarters of the branch NHPT if still ensuring advantages for the recipients of money and business.
+ Arrange payment schemes according to, teams or groups of workers, there is order and must specifically inform the date, time, location for workers on the news media of the unit; notice to employees know when to receive money must carry identification.
+ Welcome departments layout, area of stats order number and check against the list of workers to be paid in the period accordingly.
+ Absolute protection for secure payment.
-For NHPT branch: + consistent with the business plan the time of payment.
+ Organization and secure money payment service.
+ Payment nest layout consists of 2 parts: • parts 1: Receiving area of stats order number, a valid collation matching in the payment list, write and vote transfer record for Division 2.
• 2 parts: the base votes, against specific individuals list, amount received, identification of suitable recipients then suggest people accepted and payment.
3. At Headquarters-Customer Center is responsible for tracking, managing the loan, urging withdrawal of loan debt NHPT branch, in collaboration with the unit of timely reporting to the Director General the NHPT problems arising and to propose measures to solve.
-The Board, associated Center follow, duties and functions assigned by the Director General NHPT; ensure the task quickly, properly regulated.
On this tutorial is made for loan support services for enterprises in trouble due to the economic slowdown has cut labor but not enough money to pay salaries, social insurance premiums and subsidies job loss (or retrenchment) for workers who lost jobs.
In the process if there are obstacles, timely reports on headquarters for review, resolve./.

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