Decision No. 42/2012/QD-TTg dated October 08, 2012 of the Prime Minister on giving support to units, organizations using employees who are ethnic minority people in the mountainous regions, especially difficult areas

THE PRIME MINISTER

Decision No. 42/2012/QD-TTg of October 8, 2012, on support for units and organizations employing ethnic minority people in mountainous regions and specially disadvantaged areas

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents;

At the proposal of the Minister of Agriculture and Rural Development,

The Prime Minister promulgates this Decision on support for units and organizations employing ethnic minority people in mountainous regions and specially disadvantaged areas.

Article 1. Scope of regulation

This Decision prescribes support policies for training, health insurance, social insurance, unemployment insurance, labor norms, land rents, funding sources and responsibilities of state agencies involved in the implementation of this policy.

Article 2. Subjects of application

This Decision applies to state-owned single-member limited liability agriculture, forestry and aquaculture companies; special-use forest management boards, protection forest management boards; cooperatives; and non-state enterprises (including foreign-invested enterprises) using land for agriculture and forestry production and aquaculture (below referred to as employers) that employ ethnic minority people lawfully residing in Central Highlands provinces, mountainous regions and specially disadvantaged areas (see enclosed list).

Article 3. Support policies

1. Training

State budget funds shall be provided for short-term vocational training (basic level and under 3-month training) at maximum VND 3 million/person/course (specific levels are set for each occupation and actual training duration), vocational training for unskilled ethnic minority employees who fully meet recruitment conditions and must be trained under recruitment and training plans of employers.

2. Health insurance, social insurance and unemployment insurance

State budget funds shall be provided for employers to pay social insurance, health insurance and unemployment insurance for ethnic minority employees who are newly recruited or work under labor contracts. This payment support will last 5 years for each employee.

3. Application of labor norms

Employers may apply labor norms equal to 80% of their general labor norms for piecework payment or wage payment for ethnic minority employees. The application of these labor norms will last 5 years for each employee.

4. Land rents

Employers having ethnic minority employees accounting for between 30% and under 50% of their total employees may enjoy a 50% reduction of payable annual land rents under the land law. Employers having ethnic minority employees accounting for 50% or more of their total permanent employees may be exempted from payable annual land rents under the land law.

Article 4. Funding sources

1. Central budget funds shall be provided for 100% of expenses for training, health insurance, social insurance and unemployment insurance, and 20% employers’ general labor norms for piecework or wage payment to ethnic minority employees.

2. Funds for training shall be directly allocated to employers under training plans approved by provincial-level People’s Committees, for employers belonging to provinces; by ministries or sectors, employers belonging to ministries or sectors; or by groups or corporations 91, for employers belonging to these groups or corporations.

Article 5. Organization of implementation

1. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, guiding the implementation of this Decision.

2. The Ministry of Agriculture and Rural Development and the People’s Committees of the provinces named in the enclosed list, shall monitor, supervise, urge, inspect and direct the implementation.

Article 6. Effect

This Decision takes effect on December 1, 2012, and replaces the Prime Minister’s Decision No. 75/2010/QD-TTg of November 29, 2010, on support for units and organizations employing ethnic minority people lawfully residing in Central Highlands provinces.

Article 7. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, state economic groups and corporations 91, and the chairpersons of the People’s Committees of the provinces and centrally run cities (named in the enclosed list) shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG

LIST OF PROVINCES AND CENTRALLY RUN CITIES AND DISTRICTS ENTITLED TO SUPPORT POLICIES

(Promulgated together with the Prime Minister’s Decision No. 42/2012/QD-TTg of October 8, 2012)