Chương I Thông tư 152/2016/TT-BTC: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Circular specifies regulations on management and allocation of subsidies for basic and under-03-month training courses from public sector capital budget which is a part of the State budget.

2. This Circular does not apply to the following sources of finance:

a) Sponsorships, financial assistance and aids from domestic and overseas entities, except where a sponsor or sponsor’s authorized representative and the Ministry of Finance have yet to reach an agreement on allocation of such sources of finance;

b) Training subsidies for manual workers who are ethnics legally residing in the central highlands, mountainous area, severely disadvantaged areas and work for state-owned single-member limited liability companies specialized in agriculture, forestry and fisheries; Management Boards of specialized forests and protective forests; cooperatives and enterprises not owned by the State. Such training subsidies shall be managed and allocated in accordance with Circular No.52/2013/TT-BTC dated May 03, 2013 by the Ministry of Finance on guideline for assisting employees and organizations that hire ethnics who reside in mountainous or severely-disadvantaged areas under the Decision No.42/2012/QD-TTg dated October 08, 2012 by the Prime Minister and replacement, supplement or adjustment documents (if any).

c) Subsidies for provision of training courses in operation of steel ships and ships made of new materials whose total main engine capacity of at least 400 CV, fishing techniques and food preservation by applying new technology fisherman. Such subsidies shall be managed and allocated in accordance with the Government's Decree No.67/2014/ND-CP on fishery development policies dated July 07, 2014, Government's Decree No. 89/2015/ND-CP dated October 07, 2015 on amendment and supplement to a number of Articles of the Government's Decree No.67/2014/ND-CP, Circular No.117/2014/TT-BTC dated August 21, 2014 by the Ministry of Finance guiding a number of Articles of the Decree No.67/2014/ND-CP and amended and supplemented documents (if any);

Article 2. Subject of application

1. Beneficiaries of training subsidies for basic and under-03-month training courses stipulated in Article 2 of the Decision No.46/2015/QD-TTg.

2. Entities participating in management and allocation of public sector capital budgets from the State budget for provision of basic and under-03-month training courses.

Article 3. Interpretation

For the purpose of this Circular, terms herein shall be construed as follows:

1. Unemployed women refers to a female worker who got a job in the past (whether or not under an employment contract, exclusivity agreement or self-employed within the commune) but now become unemployed and is seeking for a job, certified in the application for vocational training by the People’s Committee of the commune.

2. Worker receiving a training subsidy but becoming unemployed due to objective factors refers to a worker who completed a subsidized training course and got a job which is relevant to his/her major but now becomes unemployed. To be specific:

a) Workers who work for enterprises, organizations or employers under the employment contracts or exclusivity agreements which expired; or fulfilled their obligations to the employment contract or have the employment contract or exclusivity agreement terminated due to technology renovation, company acquisition, total/partial division, dissolution, Acts of God, conflagration or other occurrences;

b) Workers who worked without employment contracts for enterprises, organizations or employers and face redundancy due to technology renovation, company acquisition, total/partial division, dissolution, Acts of God, conflagration or other occurrences;

c) Self-employed workers in communes who no longer keep their jobs due to changes in production lines, Acts of God, conflagration or other events;

3. Actual school day on which meals are subsidized refers to a school day when a trainee attends whole classes as specified in the training schedule.

Article 4. Requirements for grant of training subsidy

1. People who are in the working age (15-55 years of age for female and 15-60 years of age for male) would like to take vocational training courses; in case of apprenticeship, apprentices shall be at least 14 years old. The illiterate may join suitable training courses by mentoring which suitable with their health status.

2. Trainees have feasible self-employment plans certified by the People’s Committee of the commune or employer or enter into exclusivity agreements with other parties.

3. For rural workers: Workers who took up permanent residence in communes, wards or town directly work in agriculture or those have their agricultural land withdrawn.

4. For the disabled: A disability certificate or monthly allowance record is required.

5. For unemployed workers

a) For those working under employment contracts, one of the following documents is required: a resignation/layoff decision, a written notice of contract termination; expired /finished employment contract;

b) For those working without employment contracts: A certificate of employment issued by the employer is required;

c) For self-employed workers: A business registration certificate which remains valid or a certificate issued by the People’s Committees of the commune in case of absence of the business registration certificate is required.

6. For those receiving training subsidy: in addition to the documents mentioned in clause 5 hereof, a certificate of completion of the training course is required.

7. For those whose agricultural land is withdrawn: A decision on withdrawal of land in the period of subsidy as stipulated in Article 4 of the Decision No.63/2015/QD-TTg dated December 10, 2015 by the Prime Minister on assistance policies on vocational training and job search for workers whose land is withdrawn (hereinafter referred to as “Decision No.63/2015/QD-TTg).

Article 5. Sources of finance

It shall be funded from the central and local government budgets, enterprises, organizations and individuals and other lawful sources of finance.

1. Central government budget

a) The budget for National Target Program for New Rural Development shall be allocated for basic training and under-03-month training courses provided for rural workers and the disabled in urban areas where the local government is unable to finance;

b) Basic training and under-03-month training courses provided for urban women shall be funded from the regular budget of the Vietnamese Women’s Association.

2. Local government budget

a) Local governments shall allocate their budget for implementation of the assistance policies on basic training and under-03-month training courses under the Decision No.46/2015/QD-TTg;

b) A local government that is unable to fully fund basic training and under-03-month training courses shall proactively arrange capital and cooperate with central governments to assist in implementing assistance policies on basic training and under-03-month training courses under the Decision No.46/2015/QD-TTg;

c) In addition to direct sources for finance as mentioned above, local governments shall mobilize capital from regular training budget or other projects within the locality to provide basic training and under-03-month training courses for women, rural workers and the disabled.

3. Regulatory authorities shall mobilize sources of finance from international organizations, vocational training facilities; enterprises, individuals and the community for implement the assistance policy.

Article 6. Regulations on subsidy estimation, management, allocation and settlement

1. For subsidies from regular expenditure budget: the procedure for estimation, management, allocation and settlement shall conform to the Law on the State budget and other guidance.

2. For subsidies from the expenditure budget of the National Target Program for New Rural Development: relevant regulations of the Law on the State Budget, Law on Public Investment and regulations on management and implementation of the National Target Program shall apply.

3. Entities directly allocated funding for basic training and under-03-month training course shall effectively manage and spend the funding in the right manner.