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Decision 15/2008/qd-Ttg Dated: Amendments And Supplements To Some Articles Of The Decision No 71/2005/qd-Ttg Dated April 5, 2005 By The Prime Minister On The Management Mechanism, The Fund's Lending Capital Operating Qu

Original Language Title: Quyết định 15/2008/QĐ-TTg: Sửa đổi, bổ sung một số điều của Quyết định số 71/2005/QĐ-TTg ngày 05 tháng 4 năm 2005 của Thủ tướng Chính phủ về cơ chế quản lý,điều hành vốn cho vay của Quỹ qu

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The DECISION to amend and supplement some articles of decision No 71/2005/QD-TTg dated April 5, 2005 by the Prime Minister on the management mechanism, operating loans of the national employment Fund-------------------------------------------------------------------------------------------------PRIME base on Government Organization Law of 25 December 2001;
Pursuant to Decree No. 39/2003/ND-CP on April 18, 2003 by the Government on the detailed rules and instructions for the implementation of some articles of the labor code of employment;
Pursuant to Decree No. 78/2002/ND-CP dated 10 October 2002 by the Government on credit for the poor and other policy objects;
Considering the recommendation of the Minister of labor, invalids and Social Affairs, of the DECISION: article 1. Amendments and supplements to some articles of the decision No 71/2005/QD-TTg dated April 5, 2005 by the Prime Minister on the management mechanism, operating loans of the national employment Fund as follows: 1. Amend and supplement article 6 as follows: "article 6. Get the loan conditions: 1. With respect to the subjects listed in clause 1 article 5: a) must have a viable loan projects, consistent with the scope of business, create new jobs, attract more labor on work stability;
b) projects must be certified by the local authorities or local program implementation where implementation of the project;
c) for the project, the extent of borrowing over 20 million must have collateral, pledge under current rules or secured loan under the guidance of the Board of the Bank of social policy.
2. With regard to the loan object referred to in paragraph 2 article 5: a) To ensure the minimum 12 seats generate more new work;
b) projects must be certified by the Government or agency implementing local programs where project implementation ".
2. Modify, supplement a, paragraph 1, article 8 as follows: "article 8. The level of capital, term and interest rate 1. Loan rates: a) with respect to the subjects listed in clause 1 article 5, maximum loan level not exceeding 500 million/project and no more than 20 million/1 new jobs. "
3. Amendments, supplements article 9 as follows: "article 9. Construction of the project, project appraisal and project approval decisions.
1. construction project: The loan object specified in article 5, as demand for loans to build the project, making loans under the guidance of the social policy Bank locally.
2. Project Appraisal: the social policy Bank responsible local valuation organization guarantee the target of creating new jobs and preserving the capital, the Agency has the authority to approve the project.
3. the approval authority of project: a) the President of the people's Committee of the central cities, and heads the central agency implementation of decision approving the project loans from the Fund;
b) people's Committee of the central cities, and central agency implementation of devolved programs for subordinate Agency the decision approving the project under the guidance of the Ministry of labor, invalids and Social Affairs, the Ministry of finance, the Ministry of planning and investment, ensure fast for loan objects.
The Ministry of labor, invalids and Social Affairs chaired the Finance Ministry and the Ministry of planning and investment (hereinafter referred to as the Ministry) is responsible for regulating the formulation, appraisal and approval hierarchies; specify the time limit for the evaluation, the Agency approved the project to complete the work and answer for ' '.
4. Amendments, supplements article 11 as follows: "article 11. Recovery and using of capital withdrawal 1. Social policy Bank construction plan of local currency debt, proceed to the recovery of debt capital both principal and interest when due; the borrower can pay the previous capital limit. In the process of lending, the Bank of local social policy check if the borrower uses the detection of improper purpose loans shall report to the Agency for approval of project debt collection decisions ahead of time.
2. Social policy banks use to loan recovery capital projects have been approved, not to get stuck.
3. In case it is necessary to adjust the loan capital between local, central agencies implement the program or on the Central Bank for social policy, reported the Ministry of labor, invalids and Social Affairs has decided to handle. Social policy Bank responsible for transferring capital according to the decision of the Ministry of labor, invalids and Social Affairs.
4. Renewal Project: for the debt to repay, but due to objective causes of financial trouble led to the loan repayment ability and yet have need of renewal, must clearly explain the causes and remedies to send to the Bank the local social policy where lenders to consider , resolve. Renewal application base of bank debt, the local social policy check, review, resolve the debt extension. After the renewal of the bank debt, local social policy are responsible for reporting results to the Agency's labor, invalids and Social Affairs and the same program implementers to report aggregate contact sets ".
5. Amendments, supplements article 12 as follows: "article 12. Handling overdue debt 1. Overdue debt not due to unforeseen reasons and not to solve the debt extension, the loan must be repaid in full responsibility both principal and interest on the Bank of social policy. After 3 months from the date of the transfer debt expired, has been urging the repayments but the loan still not repaying the social policy Bank lending profile transfer to competent State bodies to solve.
2. for the project was a risk due to the unforeseen causes is done by decision No. 69/2005/QD-TTg dated April 4, 2005 by the Prime Minister on the regulation of the handling of the debt being the risk of social policy Bank and circular No. 65/2005/TT-BTC on August 16, 2005 by the Ministry of finance about the Regulations Guide handle debt being the risk of social policy Bank ".
6. Amendments, supplements article 13 is as follows: "article 13. Funding loan fund management jobs of State management bodies the levels are arranged in the estimation of the annual administrative expenditure of the agencies according to the hierarchy of the current budget. The specific instructions of the financial account, the genus, costs to make the base for the establishment of the Agency and estimation ' review '.
7. Amendments, supplements article 14 as follows: "article 14. Coordinate activities with the Bank of social policy in the process of implementation of projects, from building up loan records, coordinating due diligence, disbursement, the divestment of the bodies concerned are entitled to charge due to the social policy bank pays under the guidance of the Ministry of finance ".
8. Modify Article 18 as follows: "article 18. The central agencies implement the program 1. The planned construction jobs annually and 5 years, plans to use the Fund; implement, manage, and regulate the Fund's capital was the Government Affairs.
2. Directing subordinates perform properly the mechanism, policy lending from the Fund; examine, assess and implement results; periodic reporting, 6 months and annually under the provisions of the ' Minister '.
9. Amendments, supplements article 19 as follows: "article 19. Social policy Bank 1. Bank branch Director social policy organization, local guide who conducts construction loans, project loans to profile the organization assess the competent authority a decision approving the project.
2. Guide the process, the recovery of capital disbursement procedures, handling debt ensure tight, simple, avoid troubles for the borrower. Make the monitoring process using customer's loan.
3. periodic reports, quarterly, 6 months and years about the situation and the results of loans from the Fund, according to the regulations of the Minister.
4. secured loan Guide for project loans as job ".
10. Revised supplementary article 20, as follows: "article 20. The people's committees of provinces and cities under central 1. The planned construction jobs annually and 5 years, plans to use the Fund; implementation, management and automatic Funds was Government Affairs; directing the relevant authorities construction guide loan project as prescribed; the approval decision and decentralization project approval; at the same time responsible for the effectiveness, the norms of the new job creation and preservation which project loans from the national employment Fund.
2. Directing the relevant authorities, the implementers of programs and social policy Bank to local correct implementation mechanisms, policy lending from the Fund; examine, assess and implement results; periodic reporting, 6 months and years as specified by the Minister.
3. Directing local labour agencies plan lending and job creation plan every year, check the monitor reviews new job creation targets and activities for loans ".
11. Amendments, supplements article 21 as follows: "article 21. This decision has the effect after 15 days from the date The quote and abolish circular No. 8/1999/TT-LT 15 March 1999, circular No. 16/2000/TT-LT on July 5, 2000 and circular No. 14/2002/TT-LT on 10 April 2002 of the Ministry of labor, invalids and Social Affairs The Ministry of finance and the Ministry of planning and investment, decision No. 97/2001/QD-BTC dated 2 October 2001 of the Ministry of Finance on issuing the regulation of distribution and use of money interest rates for loans from the national employment Fund ''.
Article 2. This decision has the effect after 15 days from the date The report.
Article 3. The Ministers, heads of ministerial agencies, government agency heads, the heads central capital management, Chairman of the people's Committee of the province, central cities, Chairman of the Board of the Bank of social policy is responsible for the implementation of this decision.