Quyết định 42/2012/QD-TTg

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 25^th December 2001;

Pursuant to Law on promulgation of legal documents dated 03^rd 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.

Article 2. Subjects of application

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

Employers using from 30% to under 50% of ethnic minority employees over the total employees presenting in their organizations will enjoy the 50% reduction of annual land rent for their land areas that must be rented in accordance with regulations of the land law. Employers using from 50% and above of ethnic minority employees over the total employees frequently working in their organizations will be exempted 100% of annual land rent for their land areas that must be rented in accordance with regulations of the land law.

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 01^st December 2012, replaces the Decision No.75/2010/QD-TTg dated 29^th 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

Ministers, Heads of Ministerial-level agencies, Heads of the Governmental agencies, State Economic Groups and General Companies 91, Chairmen of People’s Committees of centrally-affiliated cities, provinces (enclosed list) are responsible for implementing this Decision ./.

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 08^th October 2012 of the Prime Minister)