Decision 12/2024/QD-TTg vocational training for persons subject to land recovery

DECISION

On mechanisms and policies on employment and
vocational training for persons subject to land recovery

Pursuant to the Law on Government Organization dated June 19, 2015; Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Land Law dated January 18, 2024;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Prime Minister hereby promulgates a Decision on mechanisms and policies on employment and vocational training for persons subject to land recovery.

Article 1. Scope of regulation

This Decision prescribes mechanisms and policies on employment and vocational training for persons subject to land recovery specified in Clauses 2 and Clause 3 Article 109 of the Land Law dated January 18, 2024.

Article 2. Subjects of application

1. Persons subject to land recovery, including:

a) People belonging to households and individuals supported specified in Clause 2 Article 109 of the Land Law and its detailing documents (hereinafter referred to as persons subject to agricultural land recovery);

b) People belonging to households and individuals specified in Clause 3 Article 109 of the Land Law (hereinafter referred to as persons subject to business land recovery).

2. Agencies, enterprises, organizations, individuals related to the contents specified in Article 1 of this Decision.

Article 3. Conditions for support in solving domestic employment and going abroad for working under contracts

Persons subject to land recovery are supported to solve domestic employment or go abroad for working under contracts when they satisfy the following conditions: they are workers as prescribed in Clause 1 Article 3 of the National Assembly’s Law on Employment No. 38/2013/QH13 dated November 16, 2013.

Article 4. Support time limit

Persons subject to land recovery are entitled to support policies within 5 years from the date of land recovery decisions.

Article 5. Support for vocational training

1. Persons subject to land recovery who participate in vocational training at the primary level or training under three months are supported under the Prime Minister’s regulations on support policies for vocational training at the primary level or training under three months.

2. Persons subject to land recovery who participate in vocational training at the intermediate level or college level are supported with tuition fees for one course.

The subsidized tuition fee shall be equal to the actual tuition fee of vocational education institutions and must not exceed the tuition ceiling for public vocational education institutions that have not exercised financial autonomy associated with recurrent expenditures in accordance with law.

3. Persons subject to land recovery who participate in vocational training at the primary, intermediate, college level or training under three months are eligible to take student credit loans.

Method of lending, loan limit, loan terms, loan interest rates, loan dossiers, order and procedures shall comply with the Prime Minister's regulations on credit for students.

4. The support fund for vocational training as prescribed in Clauses 1 and Clause 2 of this Article are built in the training, occupation change and job-seeking plan and calculated in the project investment cost or the total cost of the compensation, support and resettlement plan that are approved by the competent state agency.

5. Persons subject to land recovery are supported once with vocational training according to the policy prescribed in this Article.

Article 6. Support for solving domestic employment

Persons subject to land recovery are supported with:

1. Free job counseling and recommendation at the employment service center;

2. Taking of loans to support job creation, job maintenance and expansion from the National Employment Fund and other preferential credit sources in accordance with law.

Article 7. Support in going abroad for working under contracts

1. Persons subject to agricultural land recovery who go abroad for working under contracts are supported according to the Government's regulations on policies to support workers going abroad for working under contracts.

2. Persons subject to business land recovery who go abroad for working under contracts are supported as persons subject to agricultural land recovery prescribed in Clause 1 of this Article.

3. The support fund for going abroad for working under contracts as prescribed in Clauses 1 and Clause 2 of this Article are built in the training, occupation change and job-seeking plan and calculated in the project investment cost or the total cost of the compensation, support and resettlement plan that is approved by the competent state agency.

4. Persons subject to land recovery are supported once in going abroad for working under contracts according to the policy prescribed in this Article.

Article 8. Support for loans to go abroad for working under the contract

1. Persons subject to land recovery are eligible to take preferential loans to go abroad for working under contracts from the Vietnam Bank for Social Policies.

2. Loan conditions, including:

a) Having full civil act capacity;

b) Having signed contracts with service enterprises and non-business organizations sending workers abroad as guest workers;

c) Having registered permanent residence in the area where the Vietnam Bank for Social Policies handles procedures for persons subject to land recovery to take loans;

d) Having loan guarantees in accordance with law for loans over VND 100 million.

3. The maximum loan limit is 100% of the cost of going abroad for working under the contract signed between the worker and the service enterprise or non-business organization sending workers abroad as guest workers.

4. The loan interest rate is equal to loan interest rate for poor households in each period as prescribed by the Prime Minister.

5. The overdue debt interest rate is 130% of the loan interest rate prescribed in Clause 4 of this Article.

6. The maximum loan term is equal to the term of the contract on the sending of Vietnamese workers abroad, excluding the contract extension period.

7. The handling of loan risk debt shall comply with the Government's regulations on the mechanism for handling risk debt at the Vietnam Bank for Social Policies.

8. The Vietnam Bank for Social Policies shall provide guidance on loan dossiers, order, procedures, loan repayment schedules, debt term adjustment, debt extension, and overdue debt transfer.

Article 9. Implementation organization

1. The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with relevant ministries and agencies in synthesizing and reporting to the Prime Minister on the results of employment and vocational training for persons subject to land recovery.

2. The Vietnam Bank for Social Policies shall organize the lending of money to persons subject to land recovery in accordance with this Decision.

3. Periodically, before December 15 every year and upon request, the People's Committees of provinces and centrally-run cities shall be responsible for reporting the results of employment and vocational training for persons subject to land recovery to the Ministry of Labor, Invalids and Social Affairs for synthesis and reporting to the Prime Minister.

4. The People's Committees of districts, towns, cities of provinces and centrally-run cities shall be responsible for building and organizing the implementation of training, occupation change and job-seeking plans for persons subject to land recovery.

Article 10. Effect and responsibility for implementation

1. This Decision takes effect from August 1, 2024 and replaces the Prime Minister’s Decision No. 63/2015/QD-TTg dated December 10, 2015, on policies to support vocational training and employment for workers subject to land recovery.

2. Persons subject to land recovery who take loans from the Vietnam Bank for Social Policies in accordance with the Prime Minister’s Decision No. 63/2015/QD-TTg dated December 10, 2015, on policies to support vocational training and employment for workers subject to land recovery continue to implement the signed contracts.

3. Ministers, Heads of Ministerial-level agencies, Heads of Government attached agencies, Chairperson of People's Committees of provinces and centrally-run cities, and relevant agencies, organizations and individuals shall implement this Decision.

For the Prime Minister

The Deputy Prime Minister

TRAN HONG HA