Quyết định 63/2015/QĐ-TTg của Thủ tướng Chính phủ về chính sách hỗ trợ đào tạo nghề và giải quyết việc làm cho người lao động bị thu hồi đất

THE PRIME MINISTER

Decision No.63/2015/QD-TTg dated December 10, 2015 of the Prime Minister on policy on assistance in vocational training and job search for workers whose land is withdrawn by the State

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

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Decree No. 47/2014/ND-CP on compensation, assistance and relocation due to land withdrawal by the State of Vietnam dated May 25,2014 by the Government;

Upon the request of the Minister of Labors –War Invalids and Social Affairs,

The Prime Minister issues a decision on policies assistance in vocational training and job search for workers whose land is withdrawn.

Article 1. Scope of adjustment

This Decision promulgates the policy on assistance in vocational training and job search for workers whose land is withdrawn stipulated in the Article 20 and Article 21 of the Decree 47/2014/ND-CP on compensation, assistance and relocation once land is withdrawn by the State of Vietnam dated May 25, 2014 by the Government (hereinafter referred to as 47/2014/ND-CP);

Article 2. Subject of application

Workers whose land is withdrawn:

1.Households and individuals whose agricultural land is withdrawn shall be compensated in  cash, calculated based on the area of the withdrawn plot under point a, b, c and Article, Clause 1, Article 19 of the Decree No. 47/2014/ND-CP ( except where households or individuals are officers or workers of the State farm or the State Forestry farm who are retirees due to age, loss of health or resignation with allowance), hereinafter referred to as the workers whose agricultural land is withdrawn).

2.Households or individuals whose residential land used for business is withdrawn must move to other places (hereinafter referred to as the workers whose commercial land is withdrawn).

Article 3. Requirements for receipt of assistance

A worker whose land is withdrawn shall receive assistance in vocational training and job search once the following conditions are satisfied:

1.He/She needs vocational training and a job;

2.He/she is in the working age.

Article 4. Duration of assistance

The worker whose land is withdrawn shall receive the assistance within 05 years from the day on which the Decision on land withdrawal is issued.

Article 5. Assistance in vocational training

1.A worker whose land is withdrawn shall receive assistance in vocational training as follows:

a) Elementary training course with the duration of 3 months or less: specified in the Decision No. 46/2015/QD-TTg on assistance in short-term courses of elementary training dated September 28, 2015 by the Prime Minister;

b) Vocational schools or 3-year colleges: the worker shall receive funding for the tuition fee of the course.

The funding for tuition fee shall be equal to the tuition fee  charged by the vocational schools and shall not exceed the maximum fee of public schools as promulgated in Vietnam law.

The funding for tuition fee shall be taken from budgets for training, occupation changing or job searching and shall be included in the total budget for the project investment, compensation or relocation plan, which has been approved.

c) The worker shall take a concessional loan for students.

2.The worker whose land is withdrawn shall receive the training assistance once as regulated in this Article.

Article 6. Assistance in job search in Vietnam

Workers whose land is withdrawn shall receive:

1.Complementary consultancy and job recommendation in job centers;

2.Concessional loans from the National Employment Funds under Vietnam law.

Article 7. Assistance in overseas employment under contracts

1.The worker whose agriculture land is withdrawn shall receive assistance in working overseas under the Decree No. 61/2015/ND-CP regulating policies on assistance in job search and the National Employment Funds dated July 07, 2015 by the Government.

2.The worker land is withdrawn shall receive the same assistance as those who agricultural land is withdrawn.

3.The funding for contractual workers in overseas prescribed in Clause 1 and Clause 2 of this Article shall be funded from the budgets for training, occupation changing or job searching and this funding shall be included in the total budget for the approved project investment, compensation or relocation.

4.The worker whose land is withdrawn shall receive loans at the concessional interest rate from the Vietnam Bank for Social Policies for working abroad.

The maximum amount of loan shall be equal to the total of necessary amount payable by the worker for overseas employment, which varies from according each foreign country.

The interest rate of this loan shall be the same as that of loans for the poverty at every period and regulated by the State.

The maximum loan term shall be equal to the duration of contract of the overseas employment contract.

5.The worker whose land is withdrawn in disadvantaged districts shall receive assistance in working overseas as promulgated in the policies on assistance for disadvantaged districts.

6.The worker whose land is withdrawn shall receive the assistance in working overseas once as regulated in this Article.

Article 8. Implementation organization

1.The Ministry of Labor –War Invalids and Social Affairs shall take charge of and cooperate with relevant agencies to:

a) Examine and supervise the implementation of this Decision;

b) Aggregate and report to the Prime Minister on the status of vocational training and job search for workers whose land is withdrawn.

2.The Ministry of Planning and Investment shall take charge of and cooperate with relevant agencies to aggregate and propose to capitalize the Vietnam Bank for Social Policies. The Vietnam Bank for Social Policies shall grant loans for employments and working overseas as stipulated in the Clause 2 of Article 6 and the Clause 4, Article 7 of this Decision, respectively.

3.The Vietnam Bank for Social Policies shall grant their loans to the worker whose land is withdrawn as regulated in this Decision.

4.People’s Committees of provinces and central-affiliated cities shall:

a) Instruct and implement the plans of training, changes in occupations and job searching assistance;

b) Report the status of vocational training and job search for workers whose land is withdrawn to the Ministry of Labor –War Invalids and Social Affairs and the Ministry of Labor –War Invalids and Social Affairs shall aggregate to report to the Prime Minister.

Article 9. Implementation responsibilities

1.This Decision takes effect February 01,2016.

2.a) The Decision no. 52/2012/QD-TTg on assistance in vocational training and job search for workers whose agricultural land is withdrawn dated November 16,2012 by the Prime Minister shall expire from the day on which this Decision takes effect. 

3.The worker under commercial land withdrawal who is notified of the land withdrawal after July 01, 2014 shall benefit from the policy on assistance in vocational training and job search as prescribed in this Decision.

4.Ministries, Heads of ministerial-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall responsible for the implementation of this Decision./.

The Prime Minister

Nguyen Tan Dung