Circular 06/2009/ttlt-Bldtbxh-Btc: Guide Implementation Of Decision No. 30/2009/qd-Ttg Dated 23 February 2009 By The Prime Minister About Support For Workers Who Lose Their Jobs ...

Original Language Title: Thông tư liên tịch 06/2009/TTLT-BLĐTBXH-BTC: Hướng dẫn thực hiện Quyết định số 30/2009/QĐ-TTg ngày 23 tháng 2 năm 2009 của Thủ tướng Chính phủ về việc hỗ trợ đối với người lao động mất việc l...

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CIRCULAR guide implementation of decision No. 30/2009/QD-TTG dated 23 February 2009 by the Prime Minister about support for workers to take jobs in businesses in trouble due to the economic slowdown _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to decision No. 30/2009/QD-TTg dated 23 February 2009 by the Prime Minister about support for workers who lose jobs in the businesses encounter difficulties due to the economic downturn (hereafter abbreviated as decision No. 30/2009/QD-TTg), Ministry of labor, invalids and Social Affairs and the Ministry of finance instructed as follows: i. the APPLICABLE OBJECT objects of this circular is to businesses and workers specified in article 1 , Article 2 and article 3 of decision No 30/2009/QD-TTg. II. TROUBLED BUSINESS in 2009 by the STATE for LOANS to PAY for WORKERS: in 2009, enterprises having difficulties due to the economic downturn, the State loan to pay salaries, social insurance premiums and subsidies job loss or retrenchment for workers as defined in article 1 of decision No 30/2009/QD-TTg , perform the following: 1. The object of the loan is the enterprise with the following conditions: a) troubled by corporate economic downturns in the economic sectors is not yet capable of paying the wages, social insurance and pension money lose jobs or retrenchment for workers lost jobs.
b) businesses have labor numbers are reduced 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: the work is the Vietnam is implementing the labor 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.
The time of the computer is reduced labor time of business plans sort of labour.
c) business has used the resources of the business but still not enough to pay the salary, social insurance and pension money lose jobs or retrenchment. The source of the business to pay the account mentioned above 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.
2. Loan duration: a maximum of 12 months.
3. Loan Rates: to be determined by the demand to pay arrears of salary, social insurance and pension money lose jobs or retrenchment for workers minus the corporate's sources were identified in point 1 c of this Section, but the maximum loan rate by number of funds for payment of arrears of salary , social insurance premiums and subsidies job loss or retrenchment pay for workers who lose their jobs.
4. Interest rate: 0% (not percent).
5. Order the loan procedure: follow the instructions of the Vietnam Development Bank and accompanying documents on the Labor Department's arrangement of labour invalids and social documents of the Department of finance about the Declaration and use of the sources referred to in point 1 of this Section c weather.
Businesses have the responsibility to coordinate with grassroots union organizations building alternative labor arrangements, including the number of available workers, the labor demand, the number of labour to resolve the social security regime, labor contract, the labor numbers are not arranged a job as model No. 1 attached to this circular and submit to the Department of Labor the driving-wounded soldiers and local society where business headquarters. Within 5 days (measured in working days) from the date of proposal receipt confirmation option, the Department of labor, invalids and social to have documents sent to businesses and bank branches in local development. In the process of performing labor arrangement approach has been verified that there is a change it must have written the report Department of labor-invalids and social and Development Bank branch on the contents change.
Businesses have the responsibility to submit quarterly financial reports to the nearest of the business and report the source of business for the local financial Department where the enterprise closes headquarters; Within 5 days (measured in working days) from the date of the proposed text confirms financial statements and reports of the sources mentioned above, the Department of finance to have the confirmation text sent to businesses and bank branches in local development.
6. Vietnam Development Bank lending rate decision and make the loans, debt collection and debt processing according to the authority.
7. Payment of wages, social insurance premiums, loss of job subsidies or retrenchment for workers after the loan: a) within a period of 7 (seven) days (measured in working days) from the date of the notice of the Vietnam Development Bank branch about lending, businesses have the same responsibilities with Vietnam Development Bank Branch once payment of money salary, benefits or job loss retrenchment for each labor and social insurance premiums for social insurance agency under the scheme were appraised.
b) within a period of 14 (fourteen) days (measured in working days) from the date of the notice of the Vietnam Development Bank branch about lending, businesses have a responsibility to report the Department of Labor-Veterans and local society where businesses headquartered on the payment for employees according to the model No. 2 attached to this circular.
III. resolution POLICIES TOWARD WORKERS LOST JOBS at BUSINESSES that BUSINESS OWNERS FLED in 2009 to solve the policy for workers to lose jobs at businesses that business owners fled as defined in article 2 of decision No 30/2009/QD-TTg , perform the following: 1. Business is business owners fled as the business does not have a legal representative who stands out to resolve the rights of workers and the provincial people's Committee or provincial people's Committee was authorized to determine.
Chairman of the provincial people's Committee directed the Department of planning and investment in cooperation with related agencies to identify business for business owners fled and established record of labor, wages and corporate finance.
2. Pay the salaries that the business owed workers: a) the base record of business for business owners fled, based on bookkeeping and related documents, the Department of labor, invalids and social cooperation with the Department of finance is responsible for identifying employees in the list of business payroll , which identifies specifically wages owed by each worker.
b) Department of labor-invalids and Social Committee Chair report provincial people's money from the local budget to repay the salaries of workers, accompanied by a list of salaries owed to each worker to President of the provincial people's Committee decided to respond to the local budget in advance for workers.
c) people's Committee Chairman granted the delivery Department of labor-invalids and social advance received from local budgets to pay salary arrears for the Organization of workers and reported provincial people's Committee. Delivery planning-investing in collaboration with the Department of Finance made the disposal of assets of the business to repay the advance from the local budget.
IV. LOANS for SELF-EMPLOYMENT, APPRENTICESHIP, LABOUR EXPORT for WORKERS LOSE JOBS in 2009 workers lose jobs in 2009 are loans as defined in article 3 of decision No 30/2009/QD-TTg, do the following: 1. get the loan object as workers lose jobs in 2009 according to the provisions of article 1 and article 2 of decision No. 30/2009/QD-TTg (including Vietnam workers go to work abroad under a contract of employment to lose on the water ahead of time).
2. loan policy: a) Are loans from the national employment Fund in the national target programme on employment to self-employment.
b) get the loan to an apprenticeship under decision No 157/2007/QD-TTg dated 27 September 2007 of the Prime credit for students, students in the period of 12 months from the date of the employees lost jobs.
c) get the loan from the Bank of social policy as the policy objects specified in decision No. 365/2004/QĐ-NHNN dated Jan. 13, 2004 by the State Bank of Vietnam during the period of 12 months from the date of the employees losing jobs or labor day on the water.
3. The sequence of procedures; loans: profile-sequence, procedure for loans made under the current rules;
-Loan records: according to the current rules and accompanied by a copy of the labor contract, a copy of the labor contract is liquidated; particularly for laborers working abroad under a contract of employment to lose on the water before the deadline must be accompanied by a copy of the contract taken laborers to work abroad or a copy of the contract and personal endorsements of business brought laborers working abroad or certification agency organizations where workers register individual contracts.
V. IMPLEMENTATION 1. The responsibility of the provincial people's Committee: provincial people's Committee directed the Department of planning and investment, the Department of labor, invalids and social, financial Departments and the local authorities organized the implementation of the provisions of this circular.
2. The responsibility of the Department of labour, invalids and Social Affairs: a) presiding, in cooperation with the relevant agencies in advocacy, policy, common mode for workers and perform tasks according to the provisions of this circular.
b) grasp of labor organization retrenchment, loss of employment in enterprises experiencing difficulties due to the economic downturn and into every report on the Ministry of labour, invalids and Social Affairs as the No. 3 sample attached herewith before July 5, the start of the next quarter.

c) check, supervise the payment of salaries, subsidize job loss or retrenchment for each labor and social insurance premiums for social insurance agency under the scheme were appraised.
d) directs the job referral center, the vocational establishments made good the vocational consulting and employment for workers who lost jobs.
DD) every report of implementation of the support for workers who lose jobs in the business due to the economic downturn according to model No. 4 attached herewith before July 5, the start of the next quarter.
3. The responsibility of the Department of Finance: a) guide the enterprises in accordance with the provisions of this circular.
b) every Ministry of finance report on the implementation of the loan business, the local budget to pay for workers that businesses pay owed workers.
4. Responsible for Vietnam Development Bank: a) guide the business of loan procedures; mobilize and organize the implementation of loans, debt collection and processed according to the provisions of this circular and the regulation of the Vietnam Development Bank.
b) every report the Ministry of labor, invalids and Social Affairs and the Ministry of Finance on the implementation of the model of loan 5 attached herewith before July 5, the start of the next quarter.
5. Responsible social policy Bank: a) mobilization and implementation of lending under the provisions of this circular.
b) Guide to the loan procedure.
c) every report the Ministry of labor, invalids and Social Affairs and the Ministry of Finance on the implementation of lending according to the model No. 6 attached to this circular before December 5th of March beginning next quarter.
6. This circular have enforceable from the date signed.
In the process, if there are obstacles to suggest reflection on Ministry of labour invalids and social, the Ministry of finance to study the resolution./.
 

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