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Circular 13/1999/ttlt/bldtbxh-Btc-Bkhđt: Guidelines For Lending Support To National Employment Fund And Funding Local Jobs

Original Language Title: Thông tư liên tịch 13/1999/TTLT/BLĐTBXH-BTC-BKHĐT: Hướng dẫn cho vay quỹ quốc gia hỗ trợ việc làm và lập quỹ giải quyết việc làm địa phương

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CIRCULAR guide lending support to national employment Fund and the establishment of the Fund in local jobs base resolution No. 120/dated 11/4/1992 of the Council of Ministers (Government) of undertakings, directions and measures for job creation in the next year;
Pursuant to Decree No. 72/CP dated 31/10/1995 the Government detailing and guiding the implementation of a number of articles of the labor code of employment;
Pursuant to decision No. 135/1998/QD-TTG dated 11/7/1998 of the Prime Minister on the approval of the national target Programme on employment by the year 2000;
To enhance the effective use of national fund to support employment, Ministry of labour, invalids and Social Affairs-financial-planning and investment guide as follows: i. for LOAN CREATE JOBS 1-object: 1.1-households (including households in the armed forces in the village of military personnel household workers, the long day), Member of the Union Organization, the masses need loans self-employment;
1.2-production complex, cooperative, enterprise was established and operating under the enterprise law, corporate law, business and production facility dedicated to disabled people (known collectively as the basis of business), the project has created a new job spot, attracting more labour;
In the subjects mentioned above, priority for female workers to lose jobs get the loan.
2-the content of loan use: 2.1-shops of machinery, equipment, means of transport, fishing, seafood to expanding production capacity, business;
2.2-additional working capital to buy raw materials, plants, animal breeds; the cost of health care to pets, crops when the harvest.
3-the condition to get the loan.
3.1-households must have permanent residence in localities where the project, has proposed the loan application submitted to Project Server (for projects with many households loans); If the legal person must have suitable loan project with trades recorded in business license;
3.2-the collective project must have the guarantee by the trust of the people's Committee Chairman, Township Ward (for social projects, Ward), the Chairman of the district people's Committee, the County (for projects at district level, district) or by the institutional head, the masses at district level, district for the project by mass , mass Association of management;
3.3 – production and business establishments to have collateral when making loans.
4-loan: 4.1 – for households, the loan must not exceed 10 million, at least to create a new job or increased working time corresponding to a labor;
4.2-the project has many households loans, loan level depends on the number of households made the project, but the level of each household must not exceed 10 million;
4.3-the project of manufacturing business, the extent of the loan must not exceed 300 million and 10 million on a new job.
5-loan term: 12 months duration-5.1:-primary breeding cattle, poultry;
-Hydro-Farming, seafood;
-Grain, flower color.
5.2-24 duration: breeding great cattle meat, the specialty;
-Short on industrial crops, medicinal plants, plants ....;
-Craft production.
5.3-36 months duration:-stores, equipment and machines means of Transport Ministry of small and medium type of waterway, fishing tools, fishing, seafood, etc.;
Breeding great cattle to reproduce, take milk, fur, horns;
-The planting of fruit trees, perennial;
-Industrial crops.
If the project has a longer production cycle time and proper implementation of the project, can be considered the next loan until harvest.
6-loan interest rate:-principle: lower interest rate of commercial banks. The specific level of each period by the Ministry of finance regulation after the reunification with the Ministry of labor, invalids and Social Affairs, the Ministry of planning and investment.
-Interest Sources of income, used the genus capital clearing, management of risk, if additional residual funds.
7-build project:-loan objects to project (form No. 1a, 1b attached to this circular).
-The project must be certified by the local government where the project.
-An object only are lenders under a certain channel.
8-loan assessment: 8.1-at the district level (including districts, towns and cities in the province).
-Department of labor, invalids and Social Affairs, in collaboration with the State Treasury held on voting records and evaluation evaluation and recording of the votes project appraisal (form No. 2a, 2b attached to this circular); the General Chairman of the district people's Committee to consider and write opinions suggest lending to speaking;
-The time since the date of the project until the evaluation is done at the district level must not exceed 15 days.
8.2-in the central cities, (collectively referred to as the Department): the Department of labor, invalids and Social Affairs, in collaboration with the State Treasury check, review each project and appraise again (when necessary), General Chairman of the provincial people's Committee decision. Time of appraisal, loan decisions, must not exceed 15 days from the date of the project.
8.3-for the project by the Central Organ held mass, mass society management:-The organization of provincial unions, coordinated with the State Treasury, the Department of labor, invalids and Social Affairs conducted the evaluation of the project and the Organization of unions, mass society.
Time, project appraisal, must not exceed 25 days from the date of the project;

-The central authorities organized mass, mass society, consider the loan decision. Review the lending decision time must not exceed 15 days from the date of the project.
8.4-lending decisions of the provincial people's Committee or the central authorities organized mass, mass society and speaking the loan project (according to the model No. 3a, 3b attached to this circular) must submit to the Ministry of labor, invalids and Social Affairs, the Ministry of finance and the central State Treasury (ngaysau when decided) to General , track, manage. In the decision, the source of capital for loan use.
9-Transfer loan:-base plan and capital transfer limit (for local) or the loan decision (for the Central Organ held mass, mass Association) do Finance Ministry funding for the central State Treasury by command form spend money as a source of capital for loans.
The Central Treasury notice of capital base of Finance Ministry, slow for no more than 5 days, a capital transfer of local Treasury where approved projects to lending institutions under the regulation.
10-loan: 10.1-based browsing of lending decision-making authority, the State Treasury where the loan is responsible for guiding procedures for mortgage assets or guarantees, the same borrower representatives signed the credit contract as specified in the terms of the loan.
10.2-within 10 days from the date of receiving the decision, the State Treasury to release the money directly to the borrower. The project has many households borrowing, the State Treasury can mandate for project owners make play money to households. The Commission must ensure good management of resources, recovered fully and timely National Fund for employment assistance.
10.3-for projects, but not for the loan, the State Treasury must immediately report to the decision-making bodies to consider and resolve.
11-extension of debt, loans back: 11.1-renewal project:-debt to repay, but production has yet to be harvested, the owner of the project that needs renewal, must clearly explain the cause and remedy sent to the State Treasury where the loan to the consider, resolve.
-Based application to renew the State Treasury debt, inspect and resolve debt renewal. Debt renewal time must not exceed 12 months.
11.2-the lending again:-projects have produced a longer term business loans, have used the loan for your purposes, effectively, the owner of the project, the borrower needs to add a time limit to maintain production, job stability for workers, then before to repay , to have reported results using the loan and the loan application.
-Assessment rules and authority for loans made as for the first loan project, but do not have to repeat the project.
-Approved project loans not to repay loans made before the original back, but must pay the full amount of the interest in the term loan. To ensure the continuity in the process of use of capital, the procedure browser lending must complete before the due date of repayment.
-For the object that needs the loan more capital to expand the business, attracting more workers, the project owner must have the documents and sent to the relevant authorities to resolve in order to browse the first loan.
12-the recovery and use of capital withdrawal:-conducted Treasury debt collection to the limit; project owners can pay the previous capital limit.
-Recovery of Capital used revolving loan to other projects by the local union organization, the masses management.
-Province people's Committee, the central authorities organized mass societies, unions are planning to use and browse the projects fit with capital recovered monthly, quarterly; not to get stuck in the Treasury.
-Where it is necessary to adjust the loan capital between local organizations, unions, the public or the currency of the Central Treasury, the Ministry will have the text.
13-handle the overdue project:-overdue Capital not due to unforeseen reasons and not subject to be addressed or the project owner, the loan must be repaid in full responsibility both principal and interest for the State Treasury.
-After 3 months overdue, if the switch has been urging the repayment, but the project still intentionally delays the State Treasury shall transfer the record lending to competent State agencies release proposed commercial mortgage assets under the current rules to payback , severe cases, suggested prejudice criminal liability.
II. SET UP, MANAGE and USE FUNDS LOCAL JOBS 1-local jobs Fund is part of a national fund to support employment, be deducted from the annual local budgets (provincial budget) and other capital sources for the field of employment. The Fund is managed through the State Treasury.
2-every year, the people's committees of the province based on the ability of the local budget and the needs of local jobs, arranged funding part in estimating the budget funds to local jobs, the provincial people Council decided.
3-use Fund: 3.1-loan project to create jobs: – spent about 80-85% of the funds to do the job for loan capital. The manage, make loans according to the instructions in section I of this circular.

-Planned base loan additional jobs during the year are; Quarterly, the Department of finance-capital transfer pricing for the State Treasury in the form of money order to make lending capital.
3.2-support: Spent about 15-20% of the source of funds to support the infrastructure of the central employment services, vocational training projects, agriculture-forestry-fisheries Program Manager, from the base to the province.
III. responsibility and AUTHORITY of the AGENCY 1-Ministry of labour, invalids and Social Affairs:-hosted, in cooperation with the Ministry of finance, the Ministry of planning and investment planning project budget allocated new levels and plans to use the capital recovery for each Central Agency institutional , the masses, to the Ministry of planning and investment to the General Government to review the decision;
-Coordination with the ministries concerned in research management mechanism construction, using national Funds to support employment in accordance with the program's objectives;
-Examine, evaluate the results using the employment support Fund, six months, a report from the Prime Minister.
2 – the Ministry of Finance:-chaired, in cooperation with the Ministry of labor, invalids and Social Affairs, the Ministry of planning and investment to build the mechanism, management and administration of the national employment support Fund; the local guide to build and implement the mechanism of management of local jobs as prescribed in this circular;
In collaboration with the Ministry of labor, invalids and Social Affairs, the Ministry of planning and investment to establish new budget estimation for the program, General in the annual budget plan to the Government to consider, the decision by Congress;
-Ensure the budget for the new National Fund grants support the work according to the approved budget estimates;
-Check, supervise the management and use of funds.
3-the Ministry of planning and investment: in collaboration with the Ministry of finance, Ministry of labor, invalids and Social Affairs to build new supply budget estimation for the program, General, brought into the general budget estimates of the State every year to review Government and Parliament decide-general plans to allocate new level budget estimation , which recovered annually for the Central Organ held mass, mass society, and the local government review and implementation plan;
-Participating in research, build management and administration of the national employment Fund, checks, monitoring the implementation in accordance with the objectives of the program.
4-central agencies held mass, mass society:-implementation of capital management, national employment support Fund has been Government Affairs;
-Allocated for organizing unions, mass Association of planned provincial capital (including capital additions, which recovered) and target resolution was Government Affairs;
-Guide the Union in local level building loan project as regulated;
-Review and the decision to lend the project management domain;
-Directing the grant of local unions made the right mechanisms, policy loans from the national employment Fund; examine, assess and implement results; periodically, 6 months, in a report to the Minister (form 4 attached to this circular).
5-Central: Treasury-loan procedures guide;
-Directing the State Treasury under made the loan procedures, ensure tight, simple, avoid troublesome for people;
-Manage, aggregate, distribute the money interest rate as prescribed;
-Periodically, 6 months, 9 months and years to report the situation and results from the national support Fund for jobs with the Ministry.
6-in the local: 6.1-people's Committee:-delivery of indicators of employment and loans for the people's Committee of the district;
-Implementation, management of capital support jobs were Government Affairs;
-Check, reviews the implementation of the capital source of employment locally and periodically report quarterly, 6 months, a year with The Union (according to the model No. 4 attached to this circular).
6.2-Department of labor, invalids and Social Affairs:-hosted, in cooperation with the Department of finance – pricing, planning and investment planning budgeting allocation of new levels and capital recovery for each district, the Union Organization to the Department of finance – pricing, investment and Planning Department of the General People's Committee to review the decision;
-Coordinated with the Treasury check, appraise loan projects the province people's Committee, to review the decision; in which the main responsibility of the target object, loans; coordinated with relevant agencies, to tackle the project was risky as prescribed; test, evaluate the results lend support to national employment Fund;
-Guide the audience on the construction loan projects;
-Guide the employment service center building projects of vocational equipment support, employment services; hosted, in cooperation with the Department of planning and investment, the Finance Department-organized project appraisal process of provincial people's committees;
-Organization of propaganda about the objectives, the content and the policy of the national target programme on employment.
6.3-Department of finance-pricing:-chaired, in cooperation with the Department of planning and investment in estimating the local budget (the budget, City) new levels for annual programs to provincial people's Committee, the people's Council decision;

In collaboration with the Department of labor, invalids and Social Affairs plan to allocate new budget estimates, the capital recovery for each district, the Union Organization to the General People's Committee, delivered the next lymph nodes;
-Manual check payment using funds from the interest of the authorities in local programs;
-Coordinate with the State Treasury in the valuation of mortgage assets.
6.4-Department of planning and investment: in collaboration with the Department of finance – pricing quote rates proposed job funds from local budgets every year, the people's Committee, the people's Council, the decision;
In collaboration with the Department of labor, invalids and Social Affairs, the Department of finance – pricing of planned distribution jobs and loan plan targets (from the central budget and local) for the district, Union Organization, the provincial people's Committee to review the decision;
Coordinate with related agencies to examine, assess the situation and results from the National Fund for employment assistance.
6.5-the State Treasury the:-coordinate with the labor-invalids and social organizations, unions, mass Association of check, appraise loan projects; the loan authority and recover the debt when due; the main responsibility of the loan, the loan conditions and purposes of use of capital;
-Coordination with the labor, invalids and Social Affairs and the agencies involved in the handling of the project be unforeseen risks and overdue process of decision-making authority;
-Perform the prescribed interest distribution; in collaboration with the Department of finance-check, general use of settlement funds from the interest of the authorities in local programs;
-Monthly, quarterly reports for lenders, debt collection with a Steering Committee of local jobs and the State Treasury (under the guidance of the central State Treasury).
IV. IMPLEMENTATION 1-provincial people's Committee, the central cities of the central organ, held mass, mass content base assembly instructions in this circular, directed the Agency to perform the activities of the national target programme on employment in the scope of management; accelerate loan processing in a timely manner, the problems that arise, the management of the Fund closely, using the right purpose, effective.
2 – the Ministry of finance, Ministry of labor, invalids and Social Affairs, the Ministry of planning and investment system of the industry made this circular.
3-this circular effect after 15 days from the date of signing. The previous text guide to the loan policy for small projects as job according to resolution No. 120/dated 11/4/1992 of the Council of Ministers (Government) ceases effect.
In the process, if there are obstacles to timely reflect the recommendations of the Union Ministry of labour, invalids and Social Affairs-financial-planning and investment for research, resolve.