THE PRIME MINISTER | SOCIALIST REPUBLIC OF VIET NAM |
No.: 42/2012/QD-TTg | Hanoi, 08th October 2012 |
DECISION
ON GIVING SUPPORT TO UNITS, ORGANIZATIONS USING EMPLOYEES WHO ARE ETHNIC MINORITY PEOPLE IN THE MOUNTAINOUS REGIONS, ESPECIALLY DIFFICULT AREAS
Pursuant to Law on the Organization of the Government dated 25th December 2001;
Pursuant to Law on promulgation of legal documents dated 03rd June 2008;
At the proposal of the Minister of Agriculture and Rural development;
The Prime Minister promulgates the Decision on giving support to units, organizations using employees who are ethnic minority people in the mountainous regions, especially difficult areas,
Article 1. Scope of adjustment
This Decision stipulates support policies on training, health insurance, social insurance, unemployment insurance, labor norms, land rent, support capital resource and responsibilities of the state agencies related to the implementation of this policy.
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Subjects of application of this Decision include: One-member limited liability companies in agriculture, forestry and fisheries industries owned by the Government; Management Board of special-use forest, Management Board of protective forest; cooperatives; non-state enterprises (including foreign-invested enterprises) using land for production of agriculture, forestry, aquaculture (hereinafter called employers), using employees who are ethnic minority people, legally residing in the Western Highlands, the mountainous areas, especially difficult areas (enclosed list).
Article 3. Support policy
1. On training
The State budget supports expenses of short-term apprenticeship (primary level and under 3-month vocational training) with the maximum amount of 03 million VND/person/course (specific supporting level according to each occupation and practical period of apprenticeship training), apprenticeship training of unskilled labor who are ethnic minority people, meeting sufficiently terms of employment and must be trained as required in the plans of employment, training of employers.
2. On health insurance, social insurance, unemployment insurance
The State budget supports employers to pay social insurance, health insurance, unemployment insurance for laborers who are ethnic minority people newly being employed or signed labor contracts. The State will support employers to pay those mentioned above insurance in 5 years for each employee.
3. On the application of labor norms
Employers are allowed to apply the labor norms of 80% of their general labor norms to lump work contracts or wage payment for the ethnic minority laborers. The application period is 5 years for each laborer who starts working.
4. On ground rent
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Article 4. Supporting source
1. The Central budget supports 100% of expenses of training, health insurance, social insurance, unemployment insurance and 20% of the general labor norms applied to lump work contract or wage payment for the ethnic minority labor by their jobs.
2. Training support expenses are allocated directly to employers in accordance with the training plans approved by the provincial People’s Committees for those organizations belonging to the provinces; approved by the Ministries, branches for those organizations belonging to the Ministries, branches; approved by Corporation or State General Company 91 for their attached units.
Article 5. Implementation
1. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural development, to guide the implementation of this Decision.
2. The Ministry of Agriculture and Rural development and People’s Committees of provinces of which names are in the enclosed list, will be in charge of monitoring, supervising, urging, checking and directing the implementation.
Article 6. Effect
This Decision takes effect as from 01st December 2012, replaces the Decision No.75/2010/QD-TTg dated 29th November 2010 stipulated by the Prime Minister about giving support on units, organizations using employees who are ethnic minority people legally residing in provinces of Western Highlands.
Article 7. Responsibility for implementation
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THE PRIME MINISTER
Nguyen Tan Dung
LIST
OF CENTRALLY-AFFILIATED CITIES, PROVINCES AND DISTRICTS ENTITLED TO ENJOY THIS SUPPORT POLICY
(Promulgated attached to the Decision No. 42/2012/QD-TTg dated 08th October 2012 of the Prime Minister)
The Western Highlands provinces
1
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2
Dak Nong
3
Gia Lai
4
Kon Tum
5
Lam Dong
The Northern mountainous provinces
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Lai Chau
7
Dien Bien
8
Son La
9
Lao Cai
10
Yen Bai
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Ha Giang
12
Cao Bang
13
Bac Kan
14
Thai Nguyen
15
Bac Giang
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Phu Tho
The Southeast mountainous provinces
17
Binh Phuoc
The poor districts in accordance with the Resolution No. 330a/2008/NQ-CP
18
Thanh Hoa
7
Lang Chanh, Thuong Xuan, Quan Hoa, Quang Son, Muong Lat, Nhu Xuan, Ba Thuoc
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Nghe An
3
Ky Son, Tuong Duong, Que Phong
20
Quang Binh
1
Minh Hoa
21
Quang Tri
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Da Krong
22
Quang Ngai
6
Son Ha, Tra Bong, Son Tay, Minh Long, Tay Tra, Ba To
23
Quang Nam
3
Nam Tra Mi, Tay Giang, Phuoc Son
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Binh Dinh
3
An Lao, Vinh Thanh, Van Canh
25
Ninh Thuan
1
Bac Ai
The districts with high ratio of poor households in accordance with the Decision No. 615/QD-TTg
26
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2
Vu Quang, Huong Khe
27
Quang Nam
1
Bac Tra Mi
28
Tien Giang
1
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29
Tra Vinh
1
Tra Cu
- 1 Circular No.52/2013/TT-BTC of May 03, 2013, guiding support to organizations and units using employees who are ethnic minority people in mountainous regions and special difficult areas according to the Decision No. 42/2012/QD-TTg
- 2 Resolution No. 30a/2008/NQ-CP of December 27, 2008, on the support program for fast and sustainable poverty reduction in 61 poor districts.
- 3 Law No. 17/2008/QH12 of June 03, 2008, on the promulgation of legal documents.
- 4 Law No. 32/2001/QH10 of December 25, 2001 on organization of the Government