Quyết định 29/2014/QĐ-TTg của Thủ tướng Chính phủ về tín dụng đối với hộ gia đình và người nhiễm HIV, người sau cai nghiện ma túy, người điều trị nghiện các chất dạng thuốc phiện bằng thuốc thay thế, người bán dâm hoàn lương

THE PRIME MINISTER

Decision No. 29/2014/QD-TTg dated April 26, 2014 of the Prime Minister on credit program for households, HIV patients, rehabilitated drug abusers, persons undergoing opium replacement therapy, and reformed prostitutes

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

Pursuant to the Law on Prevention of HIV/AIDS dated June 29, 2006;

Pursuant to the Law against drug abuse dated December 09, 2000; the Law on amendments to the Law against drug abuse dated June 03, 2008;

Pursuant to the Law on Penalties for administrative violations dated July 01, 2012;

Pursuant to the Law on Prevention of prostitution dated March 17, 2003;

Pursuant to the Government s Decree No. 78/2002/ND-CP dated October 2002 on credits for the poor and other beneficiaries of incentive policies;

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

The Prime Minister promulgates a Decision on credit for households, HIV patients, rehabilitated drug abusers, persons undergoing opium replacement therapy, and reformed prostitutes,

Article 1. Scope

This Decision deals with the grant of loans to generate employments for the subjects mentioned in Article 2 of this Decision, including: borrowers, borrowing requirements, procedures for verifying borrowers, limits on loans and interest rates, loan periods, and settlement of risky debts.

Article 2. Borrowers

1. Individual borrowers include:

a) HIV patients

b) Persons undergoing opium replacement therapy.

c) Reformed prostitute.

2. Household borrowers are households having members that are:

a) HIV patients;

b) Rehabilitated drug abusers.

c) Persons undergoing opium replacement therapy.

dd) Reformed prostitutes.

Article 3. Borrowing requirements

1. Requirements applied to individual borrowers:

a) Personal records:

- The borrower mentioned in Point a Clause 1 Article 2 of this Decision must have a Notice of HIV positive result given by a laboratory eligible to confirm HIV positive results.

- The borrower mentioned in Point b Clause 1 Article 2 of this Decision has been through dose tracking and been given treatment for 03 months or more, which is certified by the person in charge of the treatment facility.

- The borrower mentioned in Point c Clause 1 Article 2 of this Decision must have a certification of no prostitution issued by the President of the People’s Committee of the commune or the head of one of the local socio-political organizations, a Chairperson of a club or team or network established by a socio-political organization or a social organization that has a legal status.

b) The borrower is legally and stably residing in the administrative division where the loan is granted.

c) The borrower has a business plan and is able to repay the loan as committed.

d) The borrower is a member of a Saving and Borrowing Club of the Vietnam Bank for Social Policies.

dd) The borrower lives alone or with an underage child, or parents, spouse, children, grandparents, siblings that exceed the working age or cannot work as prescribed by law.

2. Requirements applied to household borrowers:

a) The household having a member mentioned in Point a, c, or d Clause 2 of this Article must meet the requirements in Point a Clause 1 of this Article.

b) The household having a member mentioned in is Point b Clause 2 Article 2 of this Article must have one of the following papers:

- A decision on surveillance in the community after drug rehabilitation.

- A certificate of successful rehabilitation at a drug rehabilitation center.

- A written certification issued by the People’s Committee of the commune that the drub abuser has been through at least 03 months of rehabilitation at home or in the community.

c) The household is legally and stably residing in the administrative division where the loan is granted.

d) The household has a business plan and is able to repay the loan as committed.

dd) The household is a member of a Saving and Borrowing Club of the Vietnam Bank for Social Policies.

Article 4. Procedures for verifying borrowers

1. Every individual or household mentioned in Article 2 of this Decision shall send an application for loan together with the written verification specified in Point a Clause 1 Article 3 and Point b Clause 2 Article 3 to the People’s Committee of the commune. The application must be submitted between the 1st and 5th of the month.

2. Within 05 working days from the deadline for submitting the application, the President of the People’s Committee of the commune shall verify borrower’s eligibility to take loans according to this Decision and request the President of the local Saving and Borrowing Club where the borrower resides to admit the borrower to the Club.

3. Within 05 working days from the receipt of the list certified by the President of the People’s Committee of the commune, the President of the Saving and Borrowing Club shall admit the new members that are the individuals and households in the list sent by the People’s Committee of the commune, instruct them to follow the procedures for taking loans under the guidance of Vietnam Bank for Social Policies.

Article 5. Limits on loans and interest rates

1. The loan limit depends on the demand and ability to repay of each borrower. No collateral is required. The loan must not exceed the limits below:

a) An individual may take a maximum loan of VND 20 million.

b) A household may take a maximum loan of VND 30 million.

c) A borrower may take multiple loans, but the total loan must not exceed the limits stated above.

2. If a borrower mentioned in Article 2 of this Decision is also eligible to take loans from other incentive programs of Vietnam Bank for Social Policies, only loans from one of such incentive programs shall be granted.

3. The interest rates are that applied to poor families prescribed by the government in each period.

4. The rate of interest on overdue debt is 130% of the initial interest rate.

Article 6. Loan period

The maximum loan period is 60 months. The specific loan period shall be agreed between Vietnam Bank for Social Policies and the borrower, which suits the borrower’s business cycle and ability to repay the loan.

During the experimental period from 2014 to 2016, the maximum loan period is 36 months.

Article 7. Borrowing purposes

1. Purchasing supplies, animals, feed, tools, goods, and vehicles serving the borrower’s business.

2. Making investment in household handicrafts such as purchasing raw materials, tools, machinery and equipment.

3. Making investment in another entity’s business.

Article 8. Settling risky debts

Borrowers shall have their risky debts settled in accordance with the Prime Minister’s Decision on the mechanism for settling risky debts at Vietnam Bank for Social Policies.

Article 9. Loan sources

Loans are provided by government budget according to annul plans and from other legitimate sources.

Article 10. Scope and time

1. From 2014 - 2016: experiment in 15 provinces.

2. From 2017: expand to the whole country.

Article 11. Implementation organization

1. Vietnam Bank for Social Policies has obligations as to:

a) Formulate annual plans for capital sources to grant loans to the borrowers mentioned in Article 2 of this Decision and other credit programs, then submit them for competent authorities for approval.

b) Provide clear instructions on the procedures for taking loans; grant loans, recover debts, provide instructions on deferring debts, transfer overdue debts, settle risky debts as prescribed.

c) Instruct branches of Vietnam Bank for Social Policies nationwide to implement this Decision.

2. The State bank of Vietnam is obliged to:

Cooperate with the Ministry of Labor, War Invalids and Social Affairs, relevant Ministries and bodies in carrying out inspections, supervision, and resolving the issues that arise during the implementation of this Decision.

3. The Ministry of Finance is obliged to:

a) Cooperate with the Ministry of Planning and Investment, relevant Ministries and bodies in proposing the capital sources from the central budget for Vietnam Bank for Social Policies to grant loans to the borrowers mentioned in Article 2 of this Decision and other credit programs.

b) Cooperate with the Ministry of Labor, War Invalids and Social Affairs, relevant Ministries and bodies in carrying out inspections, supervision, and resolving the issues that arise during the implementation of this Decision.

4. The Ministry of Planning and Investment is obliged to:

Take charge and cooperate with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance in formulating annual plans for budget for granting loans to the borrowers mentioned in Article 2 of this Decision, submit them to the government and the National Assembly for consideration.

5. The Minister of Labor, War Invalids and Social Affairs is obliged to:

a) Make a list of 15 provinces that apply the experimental program.

b) Take charge and cooperate with the Ministry of Finance, relevant Ministries and bodies in carrying out inspections, supervision, and proposing resolutions to the issues that arise during the implementation of this Decision.

c) Annually evaluating the results and effectiveness of the loans, provide instructions, make adjustments, and report the cases beyond its competence to the Prime Minister for consideration.

6. Relevant Ministries and bodies, within the area of their competence, shall cooperate in implementing this Decision.

7. The People’s Committees of provinces are obliged to:

a) Direct inferior regulatory bodies and People’s Committees to cooperate with local socio-political organizations and Vietnam Bank for Social Policies in implementing this Decision.

b) Annually release statistics and send reports to the Ministry of Labor, War Invalids and Social Affairs on the demand for loans and the results of the loans granted to the local households that have HIV patients, rehabilitated drug abusers, patient undergoing opium replacement therapy, and reformed prostitutes.

Article 12. Effect

1. This Decision takes effect on June 15, 2014.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces, the Chairperson of the Executive Board and General Director of Vietnam Bank for Social Policies are responsible for the implementation of this Decision./.

For the Prime Minister

Deputy Prime Minister

Vu Duc Dam