Decision No. 52/2012/QD-TTg dated November 16, 2012 of the Prime Minister on employment and vocational training support policies for laborers subject to agricultural land recovery

THE PRIME MINISTER

Decision No. 52/2012/QD-TTg of November 16, 2012, on employment and vocational training support policies for laborers subject to agricultural land recovery

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

Pursuant to the Government’s Decree No. 69/2009/ND-CP of August 13, 2009, supplementing regulations on land use planning, land prices, land recovery, compensation and resettlement support;

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

The Prime Minister promulgates the Decision on employment and vocational training support policies for laborers subject to agricultural land recovery.

Article 1. Scope of regulation

This Decision provides policies on employment and vocational training for laborers subject to agricultural land recovery nationwide when the State recovers land under Article 22 of the Government’s Decree No. 69/2009/ND-CP of August 13, 2009, supplementing regulations on land use planning, land prices, land recovery, compensation and resettlement support (below referred to as Decree No. 69/2009/ND-CP).

Article 2. Subjects of application

1. Laborers of households directly engaged in agricultural production whose agricultural land is recovered by the State without being compensated with land (below referred to as laborers subject to agricultural land recovery), who fully satisfy the following conditions:

a/ Being named in the permanent residence books of the households whose agricultural land is recovered;

b/ Being at the working age;

c/ Having the demand for vocational training, new jobs or employment or loans for employment generation.

2. This Decision does not apply to households and individuals subject to recovery of agricultural land in residential areas or garden and pond land not recognized as residential land under Article 21, and other cases provided in Clauses 3, 4 and 5, Article 16, of Decree No. 69/2009/ND-CP.

Article 3. Support duration

Laborers subject to agricultural land recovery defined in Clause 1, Article 2 of this Decision may enjoy support policies for 3 years from the issuance of land recovery decisions.

Article 4. Vocational training support

1. Laborers subject to agricultural land recovery who need vocational training may be admitted to vocational training establishments and receive funding supports as follows:

a/ For short-term vocational training (basic and under-three-month training), to receive state support for vocational training expenses under the Prime Minister’s Decision No. 1956/QD-TTg of November 27, 2009, approving the scheme on vocational training for rural labor through 2020 (below referred to as Decision No. 1956/QD-TTg);

b/ For vocational training of intermediate and collegial degrees, to receive state subsidy for the tuition fee of a course. The tuition fee paid by the State equals the actual fee charged by a training establishment but does not exceed the tuition fee limit applicable to public intermediate- and collegial-level vocational training establishments under law.

Funds for vocational training of intermediate and collegial degrees shall be allocated from the funds for support of job transformation under training and job transformation plans and included in the total funds of approved investment projects or compensation and resettlement support plans.

2. Laborers of households subject to agricultural land recovery who are concurrently eligible loan borrowers under the Prime Minister’s Decision No. 157/2007/QD-TTg of September 27, 2007, on credit for pupils and students, may take credit loans for pupils and students.

Article 5. Support for domestic employment generation

1. Laborers subject to agricultural land recovery who seek jobs may:

a/ Receive free vocational counseling and job counseling and recommendation from job placement centers of provincial-level Labor, War Invalids and Social Affairs Departments;

b/ Receive priority in taking loans from the National Employment Fund in accordance with law.

2. Production and business establishments that recruit a large number of laborers whose agricultural land is recovered may enjoy incentive policies on land, credit and taxes in accordance with law.

Article 6. Support for overseas working under contracts

1. Laborers subject to agricultural land recovery who wish to work overseas are entitled to:

a/ Subsidy of all the fees for vocational training, foreign language training and training in necessary knowledge under the law on Vietnamese guest workers under contracts;

b/ Subsidy of all the expenses for medical check-up, passport and visa application and judicial record making for their overseas work trips at the current state-prescribed levels;

c/ Daily meal allowance during the training time at the levels prescribed in Decision No. 1956/QD-TTg;

d/ Travel fare subsidy for one round trip from the place of residence to the place of training at the common fare rates of mass transit vehicles at the time of payment, for laborers living more than 15 km away from the place of training;

e/ Preferential loans of the Vietnam Bank for Social Policies to pay necessary expenses for working overseas on a definite term.

The maximum loan equals the total necessary amount payable by a laborer under contract depending on each labor market.

The lending interest rate equals the Vietnam Bank for Social Policies’ current lending interest rate applicable to laborers outside poor districts who work overseas on a definite term.

The maximum lending term equals the time a laborer works overseas under a contract.

2. Funds to support laborers working overseas under Points a, b, c and d, Clause 1 of this Article shall be allocated from local land development funds under Point d, Clause 1, Article 34 of Decree No. 69/2009/ND-CP.

3. When working overseas, laborers in poor districts under the Government’s Resolution No. 30a/2008/NQ-CP of December 27, 2008, on support program for fast and sustainable poverty reduction in 61 poor districts, are entitled to the policies provided in the Prime Minister’s Decision No. 71/2009/QD-TTg of April 29, 2009, approving the scheme on support for poor districts to promote labor export for sustainable poverty reduction during 2009-2020.

4. Laborers may receive each funding support provided in this Article only once.

Article 7. Organization of implementation

1. The Ministry of Labor, War Invalids and Social Affairs shall:

a/ Assume the prime responsibility for, and coordinate with related agencies in, inspecting and supervising the implementation of this Decision;

b/ Review and report on vocational training and employment for laborers subject to agricultural land recovery to the Prime Minister;

c/ Coordinate with the Vietnam Bank for Social Policies in supervising the process to determine eligible borrowers and guide their borrowing.

2. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with related ministries and sectors in:

a/ Allocating additional budgets to the National Employment Fund;

b/ Balancing and supplementing funding sources for the Vietnam Bank for Social Policies to provide loans for employment generation under Point b, Clause 1, Article 5 of this Decision, and for laborers working overseas on a definite term under Point e, Clause 1, Article 6 of this Decision.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Labor, War Invalids and Social Affairs and related ministries and agencies in, guiding the financial mechanism for the implementation of this Decision.

4. The Vietnam Bank for Social Policies shall:

a/ Work out the lending process and guide laborers in taking loans;

b/ Direct its local branches in providing loans for laborers subject to agricultural land recovery.

5. Provincial-level People’s Committees shall:

a/ Direct the formulation and implementation of plans on vocational training and employment for laborers subject to agricultural land recovery;

b/ Guide and allocate funds for the implementation of Point b, Clause 1, Article 4, and Clause 2, Article 6, of this Decision;

c/ Direct provincial-level Labor, War Invalids and Social Affairs Departments in providing vocational training and generating employment for laborers subject to agricultural land recovery, and reporting such at the request of the Ministry of Labor, War Invalids and Social Affairs.

Article 8. Effect

1. This Decision takes effect on January 1, 2013.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and the chairperson of the Board of Directors and general director of the Vietnam Bank for Social Policies shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG