Thông tư 09/2022/TT-BLĐTBXH hướng dẫn đa dạng hóa sinh kế phát triển mô hình giảm nghèo

MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM
——-

SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No.
09/2022/TT-BLDTBXH

Hanoi, May 25,
2022

CIRCULAR

PROVIDING GUIDANCE
ON IMPLEMENTATION OF SEVERAL REGULATIONS ON LIVELIHOOD DIVERSIFICATION,
PROMOTION OF THE MODEL OF POVERTY REDUCTION AND SUPPORT FOR EMPLOYEES WORKING
ABROAD UNDER CONTRACTS ACCORDING TO VIETNAM’S TARGET PROGRAM FOR SUSTAINABLE
POVERTY REDUCTION DURING 2021 – 2025 PERIOD

Pursuant to the Government’s Decree No.
14/2017/ND-CP dated February 17, 2017, defining the functions, tasks, powers
and organizational structure of the Ministry of Labor, War Invalids and Social
Affairs of Vietnam;

Pursuant to the Government’s Decree No.
27/2022/ND-CP dated April 19, 2022 on the mechanism for management and
organization of implementation of national target programs;

Pursuant to the Prime Minister’s Decision No.
02/2022/QD-TTg dated January 18, 2022 on distribution principles, criteria and
norms of central budget funds and proportions of counterpart funds of local
budgets for implementation of National Target Programs for sustainable poverty
reduction for 2021 – 2025 period;

Upon implementation of the Prime Minister’s
Decision No. 90/QD-TTg dated January 18, 2022 on approval of National target
program for sustainable poverty reduction for the 2021-2025 period;

Upon the request of the Chief of National Office
of Poverty Reduction;

The Minister of Labor, War Invalids and Social
Affairs of Vietnam herein promulgates the Circular providing guidance on
implementation of several regulations on livelihood diversification, promotion
of the model of poverty reduction and support for employees working abroad
under contracts according to the national target program for sustainable
poverty reduction during 2021 – 2025 period.

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GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidance on implementation
of several regulations on livelihood diversification, promotion of the model of
poverty reduction and support for employees working abroad under contracts
according to National target program for sustainable poverty reduction during
2021 – 2025 period (hereinafter referred to as Decision No. 90/QD-TTg),
including:

1. Livelihood diversification, promotion of poverty
reduction model (Project No. 2).

2. Support for employees working abroad under contracts
(Sub-project No. 2 of Project No. 4).

Article 2. Subjects of application

1. Households living at or near the poverty line or
newly escaping poverty (within a 36-month period after they obtain recognition
from competent authorities as those escaping poverty) across the nation;
employees of poor households, near-poor households, newly poverty-escaping
households; people living in poor districts, extremely disadvantaged communes
on coastal shoreline areas and islands.

2. Businesses, cooperatives, artels, household
groups, residential communities.

3. Other entities and persons concerned.

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LIVEHOOD DIVERSIFICATION, PROMOTION OF POVERTY
REDUCTION MODEL

Article 3. Beneficiaries

Subject to the regulations laid down in point b of
sub-section 2 of Section III in the Decision No. 90/QD-TTg.

Article 4. Supporting methods and principles

1. Supporting methods

Support for diversification of livelihood,
promotion of poverty reduction model shall be granted according to the project
on support for development of value chain-linked production; the project for
support for the development of community-based production; the project for
support for the development of task-based production; the project for support
for the development of purpose-based production.

2. Supporting principles

a) Ensure public access, democracy, gender
equality, public participation and commitment to formulation and implementation
of projects.

b) Align with local socio-economic planning schemes
and plans.

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d) Meet the conditions, characteristics and needs
of poor, near-poor, newly poverty-escaping households; disabled persons (those
who do not secure their livelihood).

dd) Give preference for participation in the
project for promotion of the poverty reduction model to employees of poor and
near-poor ethnic minority households; poor and near-poor households whose
members are persons rendering meritorious services to revolution; disabled
people and women of poor, near-poor and newly poverty-escaping households. Enable
disadvantaged, vulnerable people and people living in hardship to participate
in implementing the project for promotion of the poverty reduction model.

e) Prefer the project for promotion of the poverty
reduction model to be carried out in poor districts; extremely underprivileged
communes at coastal areas and on islands.

g) Protect environment.

h) Each project shall last for 3 years.

Article 5. Scope of support activities

1. Training in production techniques; management
skills; improvement of capacity for contract, value chain management and market
development.

2. Transfer and application of new scientific and
technological advances; consistent application of technical processes for
production and quality control.

3. Funding for payment of costs of supplies and
equipment intended for production activities, plant and livestock varieties.

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5. Funding for payment of costs incurred from
making the analysis of food safety criteria; creating codes used for tracing
product origins.

6. On-demand technical training for members of
community groups, training in improvement of capacity for group management and
operation.

7. Support granted to personnel sent to family
households to provide direct instructions on how to carry out projects till the
date of achievement of results.

8. Funding for field study trips to effective
projects in localities that is subject to the decisions of the heads of the
sending agencies provided that such funding falls within the permitted budget.

9. Project development and management.

Article 6. Development and implementation of
projects for development of value chain-linked production

1. Funding requirements

Subject to the regulations laid down in clause 1 of
Article 21 in the Government’s Decree No. 27/2022/ND-CP dated April 19, 2022,
prescribing the mechanism for management and organization of implementation of
national target programs (hereinafter referred to as Decree No. 27/2022/ND-CP).

2. Steps in developing and approving a project

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The link lead unit collaborates with the People’s
Committee of the district where the project site is proposed in developing the
project by using the Form No. 01 of the Appendix hereto.

After receiving survey findings and unanimous
opinions from the district-level People’s Committee, the link lead unit submits
its proposal for implementation of the project and the plan for support for
promotion of value chain-linked production. Such proposal should clarify the
following information: Capacity of the link lead unit; the plan and scheme for
production, business and consumption of products and provision of services; the
detailed cost estimate of the plan year; key output indicators associated with
project implementation timeline; the notarized copy of the contract, or the
memorandum of understanding signed between the link lead unit and the
affiliated entity; other issues or matters (if any) according to regulations of
the program managing body.

b) Step 2: Project review

The link lead unit prepares the dossier on proposal
for implementation of the project or the plan for support for promotion of
value chain-linked production for submission to the program managing body for
its consideration and review.

The program managing body shall, within their
competence, set up the Review Committee for linkage projects and plans,
agencies, units or departments working as assistants to the Committee.

The Committee shall be composed of the followings:
The Committee’s Chairperson that must be one of the leadership of a ministry,
central authority, provincial People’s Committee; one of the leadership of a
subordinate of a ministry, central authority; the leadership of sectoral
regulatory affiliates under the delegated authority; the Committee’s members
who are the leadership of People’s Committees of the districts where linkage or
affiliation plans or projects are sited; representatives of regulatory
authorities in the investment, financial fields, professional industries and
sectors, and independent professionals or others (where required).

The review should evaluate conformance to the
requirements prescribed in clause 1 of Article 21 in the Decree No.
27/2022/ND-CP and the necessity of the linkage plan or project.

c) Step 3: Project approval

Based on the review opinions, the Minister, the
Head of the central authority shall issue their decision or authorize the Head
of the agency or unit directly subordinate to the ministry or central authority
to issue decision on approval of the linkage or affiliation plan or project;
the President of the provincial People’s Committee shall be vested with
authority to issue his/her decision or authorize the Chairperson of the
district-level People’s Committee, the Head of the department or division
directly affiliated to the provincial People’s Committee to do so.

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d) Within 10 working days of receipt of all valid documents,
the program managing agency issues project approval decision; where the project
fails to meet the prescribed conditions, the program managing agency must send
the written response clearly stating reasons for such failure.

3. Funding details: Subject to the regulations laid
down in clause 1, 2, 3, 4, 5 and 9 of Article 5 herein.

4. Project implementation

a) The affiliation lead unit cooperates with the
district-level People’s Committee in undertaking the implementation of the
project:

Notify details of the projects approved by the
competent authority to poor households, near-poor households, disabled people
(whose livelihood is not stable) and other persons eligible for participation
in these projects.

Ensure that work involved in each project is
performed on schedule and in an effective manner.

Compile and submit the 6-month and annual
evaluation report on project performance, and the final review report on the
project, to the program managing agency by using the Form No. 05 of Appendix
hereto.

The district-level People’s Committee tracks and
evaluates the implementation of projects falling within its remit; promptly
recommends the program managing agency to deal with any issues falling within
their remit.

b) Transferees of funds for implementation of
projects for development of poverty reduction models for support for production
growth shall sign contracts with affiliation lead units to implement
affiliation or linkage projects or plans; supervise, settle and disburse funds
based on the results of acceptance testing of specific stages of items and
activities involved in each affiliation or linkage plan or project according to
the schedule decided by competent authorities according to clause 6 of Article
21 in the Decree No. 27/2022/ND-CP.

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1. Funding requirements

Subject to clause 1 of Article 22 in the Decree No.
27/2022/ND-CP.

2. Steps in developing and approving a project

a) Step 1: Project development

The affiliation lead unit collaborates and agrees
with the People’s Committee of the district where the proposed project site is
located on developing the project by using the Form No. 02 of the Appendix
hereto, and makes the proposal for implementation of the project.

The proposal comprises the following documents:
Minutes of the meeting with residents; plan for production, business and
consumption of products; total project cost, proposed amounts of state budget
grants, contributions of members of the community group; project outcomes;
forms of circulation, rotary use, management of physical objects or cash
circulated in the community (if any); supervisory responsibilities of commune-level
People’s Committee towards management of physical objects or circulated cash;
demands for professional training and engineering drills; others (if any) in
accordance with regulations of local regulatory authorities.

b) Step 2: Project appraisal

Residential community sends production project or
plan proposal to the People’s Committee of the commune where the project will
be implemented in order to submit it to the district-level People’s Committee
for its appraisal.

The district-level People’s Committee shall set up
the Commission for review of dossiers on proposal for production plans and
projects, and decide on the units or divisions working as assistants to the
Commission. The Commission shall be composed of the followings: The
Commission’s Chief who is one of the leadership of the district-level People’s
Committee; members who are holding the executive posts in the People’s
Committee of the commune where the community-based production plan or project
is sited; participants who are the leadership of functional divisions of the
district-level People’s Committee; professionals or persons acquiring
professional qualification and experience related to support for production
development that are nominated by the community (if any).

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Based on the review opinions, the Chairperson of
the district-level People’s Committee shall issue the decision or authorize the
Chairperson of the commune-level People’s Committee, the Head of the agency or
unit immediately subordinate to the district-level People’s Committee to issue
decision on approval of the production development plan or project proposed by
the community.

The decision on approval of the plan or project for
support for production development must contain the followings: Plan or project
title; implementation period; location; eligible participants; activities
involved; estimated budget; funding sources (e.g. state budget grants, soft
loans, mixed/syndicated loans from different financial support policies and
counterpart funds of participating households (if any)); types and amounts of
revolving funds (if any); anticipated efficiency, expected outcomes;
responsibilities of specific presiding and cooperating bodies; sanctions to be
imposed in case of violation against commitments (if any).

d) Within 7 working days of receipt of all valid
documents, the Chairperson of the district-level People’s Committee issues
project approval decision or authorizes the commune-level People’s Committee,
the Head of divisions immediately subordinate to the district-level People’s
Committee to issue project approval decision; where the project fails to meet
the prescribed conditions, there must be the written response clearly stating
reasons for such failure.

3. Funding details: Subject to the regulations laid
down in clause 2, 3, 4, 6, 7, 8 and 9 of Article 5 herein.

4. Project implementation

a) The commune-level People’s Committee announces
details of the project approved by the competent authority to the target local
community.

b) That local community carries out activities
involved in the project in a due and effective manner; prepares the 6-month,
annual and general review report on project implementation results for
submission to the commune-level People’s Committee for compiling the final report
to the district-level People’s Committee according to the Form No. 05 of the
Appendix hereto.

c) The commune-level People’s Committee tracks and
evaluates the implementation of projects falling within its remit; promptly
recommends the district-level People’s Committee to deal with any issues
falling within their remit.

d) Transferees of funds for implementation of
projects for development of poverty reduction models for production growth
shall sign contracts with representatives of the local community; provide
instructions on how to supervise, settle and disburse funds based on the
results of acceptance testing in specific stages of items and activities
involved in production plans or projects according to the schedule decided by
competent authorities as per clause 6 of Article 22 in the Decree No.
27/2022/ND-CP.

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1. Funding requirements

Subject to clause 1 of Article 23 in the Decree No.
27/2022/ND-CP.

2. Project development and approval

a) Transferees of funds for implementation of
poverty reduction projects for support for production development authorize
their immediately subordinate agencies or units in charge of implementing
projects for development of poverty reduction models to conduct the survey for
development of projects, including the following information: name of the
project proposing unit, type of model, objectives, eligible participants,
commencement dates, project sites, contents, budget, implementation schedule by
using the Form No. 03 of the Appendix hereto; submit such information to the
Heads of transferees to seek their approval decisions.

b) Immediately subordinate agencies or units in
charge of carrying out projects for development of poverty reduction model for
production growth sign order placement agreements with suppliers or
commissioning decisions with assignees.

3. Funding details: Subject to the regulations of
Article 5 herein.

4. Project implementation

a) The agency or unit receiving orders or assigned
tasks cooperates with the district-level People’s Committee in undertaking the
implementation of the project:

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Compile and submit the 6-month and annual
evaluation report on project performance, and the final review report on the
project, to the agency leading projects for development of poverty reduction models
by using the Form No. 05 of Appendix hereto.

The district-level People’s Committee tracks issues
falling within their remit and promptly sends the agency or unit in charge of
implementation of projects for development of poverty reduction models with the
request concerning these issues.

b) The agency placing orders and assigning tasks
signs order placement agreements with suppliers or task assignment decisions
with assignees; provide instructions on how to supervise, settle and disburse
funds based on the results of acceptance testing in specific stages of
completed items and activities according to the schedule approved by competent
authorities as per clause 4 of Article 23 in the Decree No. 27/2022/ND-CP.

Article 9. Development and implementation of
projects for development of the poverty reduction model for support for
special-purpose production development

1. Funding requirements

Subject to clause 1 of Article 24 in the Decree No.
27/2022/ND-CP.

2. Project development and approval

Ministries or central authorities receiving funds
for implementation of poverty reduction projects for support for production
development authorize their immediately subordinate agencies or units in charge
of implementing projects for development of poverty reduction models to conduct
the survey for development of projects, including the following information:
name of the project proposing unit, type of model, objectives, eligible
participants, commencement dates, project sites, contents, budget,
implementation schedule by using the Form No. 04 of the Appendix hereto; submit
such information to the Heads thereof to seek their approval decisions and send
them to the Ministry of Labor, War Invalids and Social Affairs for its
cooperation.

The immediately subordinate agency or unit leading
the project for development of poverty reduction models for support for
special-purpose production development cooperates with local authorities and
relevant units in implementing the project.

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4. Project implementation

a) The immediately subordinate agency or unit in
charge of implementing the poverty reduction model project cooperates with the
district-level People’s Committee in taking the following actions:

Ensure that work involved in each project is
performed according to predetermined beneficiaries, objectives, and in a due
and effective manner.

b) The state budget shall provide adequate funding
for implementation of projects and models relevant to the objectives and tasks
specified in the Prime Minister’s decision on approval of investment in the
program. Ministries and central authorities shall implement the projects and
models, and disburse funds based on results of acceptance testing of the
projects and models according to the approved objectives and tasks according to
clause 3 of Article 24 in the Decree No. 27/2022/ND-CP.

Chapter III

SUPPORT FOR EMPLOYEES WORKING ABROAD UNDER CONTRACTS

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Subject to the regulations laid down in point b of
sub-section 4 of Section III in the Decision No. 90/QD-TTg.

Article 11. Funding methods

1. For support granted to employees from poor
districts or extremely disadvantaged communes of alluvial, riverside, coastal
areas and islands that go abroad to work: When selecting employees from poor
districts or extremely disadvantaged communes of alluvial, riverside, coastal
areas and islands for overseas work, businesses or public service units shall
cooperate with local authorities in charge of labor, war invalids and social
affairs in offering them grants to work abroad under contracts through the
mechanism for bidding and placement of orders with vocational, foreign language
education institutions, businesses or public service providers sending
employees to work abroad under contracts.

Where employees applying to work abroad by using
services provided by businesses or public service units complete advanced
courses in foreign language, occupational skills, and are qualified for going
abroad to work, local authorities in charge of labor, war invalids and social
affairs shall offer direct grants to employees. Businesses or public service
units sending employees to work abroad under contracts shall assist them in
providing all required documents and proofs to receive these grants.

2. With respect to introduction and counseling of
vacancies abroad under contracts to which employees and their relatives have
access, regulatory authorities in charge of labor, war invalids and social
affairs shall follow the instructions of the Ministry of Finance about
management and utilization of state budget funding for implementation of
national target program for sustainable poverty reduction in the 2021 – 2025
period.

3. For support for training courses aimed at
improving employees’ command of foreign language before being sent abroad to
work under Agreements between the Government of Vietnam and the Governments of
receiving countries, the Ministry of Labor, War Invalids and Social Affairs of
Vietnam shall comply with law on bidding, order placement or task assignment.

Article 12. Funding principles

1. Offer grants to right beneficiaries and use
grants to carry out the activities specified in point b of sub-section 4 of
Section III in the Decision No. 90/QD-TTg, meeting employees’ needs.

2. Ensure efficiency, transparency, public access,
democracy and gender equality.

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(028) 3930 3279

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0906 22 99 66

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1. Employees from poor households; employees who
are ethnics living in poor districts or extremely disadvantaged communes of
alluvial, riverside, coastal areas and islands, that wish to go abroad to work:
The scope of support shall be subject to clause 1 of Article 25 in the Circular
No. 15/2022/TT-BTC dated March 24, 2022 of the Ministry of Finance, prescribing
management and utilization of state budget funding for implementation of the
national target program for socio-economic development of ethnic and
mountainous areas in the 2021 – 2030 period, phase I: taking place from 2021 to
2025 (hereinafter referred to as Circular No. 15/2022/TT-BTC).

2. Employees from poor households; employees newly
escaping from the poverty line in poor districts or extremely disadvantaged
communes of alluvial, riverside, coastal areas and islands, that wish to go
abroad to work: Receiving grants for participation in training courses on their
foreign language command, occupational skills and other grants according to
clause 1 of Article 25 in the Circular No. 15/2022/TT-BTC.

3. Other employees from poor districts or communes
of alluvial, riverside, coastal areas and islands that wish to go abroad to
work: Receiving grants for participation in training courses on their foreign
language command and occupational skills.

4. Employees and their relatives from poor
districts or extremely disadvantaged communes of alluvial, riverside, coastal
areas and islands: Having access to support for job introduction and counseling
services in order for them to be qualified to work abroad under contracts.

5. Employees participating in training courses on
foreign language command in order for them to be qualified to work abroad under
Agreements between the Government of Vietnam and the Governments of receiving
countries: Receiving partial grants for participation in training courses on
their foreign language command.

Chapter IV

IMPLEMENTATION

Article 14. Implementation duties

1. Ministry of Labor, War Invalids and Social
Affairs Finance shall take charge of and cooperate with relevant ministries and
central authorities in performing the following tasks for implementation of
this Circular:

…

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Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

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b) Inspect, supervise and make the review report on
implementation of this Circular.

c) Conduct preliminary, final evaluation and
complete review reports on project performance.

2. Other relevant Ministries and central authorities
shall cooperate with the Ministry of Labor, War Invalids and Social Affairs
Finance in:

a) Providing commands, instructions on and
undertaking implementation of tasks of livelihood diversification, development
of poverty reduction models, support for employees working abroad under
contracts according to their delegated authority and assigned duties.

b) Inspecting, supervising and making the review
report on implementation of this Circular.

c) Conducting the 6-month and annual preliminary
and final evaluation report on performance with respect to the task of
livelihood diversification, development of poverty reduction models, support
for employees working abroad under contracts that is assigned to the Ministry
of Labor, War Invalids and Social Affairs (using the Form No. 06 of Appendix
hereto to report on the task of livelihood diversification, development of
poverty reduction models).

3. All-level People’s Committees shall assume the
following responsibilities:

a) Provincial-level People’s Committees:

Instruct Departments of Labor, War Invalids and
Social Affairs to take charge of and cooperate with relevant agencies in
instructing local subordinate agencies to perform the tasks of livelihood
diversification, development of poverty reduction models and support for
employees working abroad under contracts under their management.

…

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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

b) District-level People’s Committees:

Direct the implementation of the task of livelihood
diversification, development of poverty reduction models and support for
employees working abroad under contracts under their management.

Inspect, supervise implementation and submit the
6-month and annual preliminary and final evaluation report on performance to
the Departments of Labor, War Invalids and Social Affairs.

c) Commune-level People’s Committees:

Directly perform the task of livelihood
diversification, development of poverty reduction models and support for
employees working abroad under contracts under their management.

Inspect, supervise implementation and submit the
6-month and annual preliminary and final evaluation report on performance to
the district-level People’s Committees.

Article 15. Implementary provisions

1. This Circular is entering into force as of July
11, 2022.

2. In the course of implementation hereof, if there
is any issue that arises, the Ministry of Labor, War Invalids and Social
Affairs should be promptly informed to consider any appropriate amendments or
supplements./.

…

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để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.

Mọi chi tiết xin liên hệ: ĐT:

(028) 3930 3279

DĐ:

0906 22 99 66

Bạn phải đăng nhập hoặc đăng ký Thành Viênđể sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.Mọi chi tiết xin liên hệ:

PP. MINISTER
DEPUTY MINISTER

Le Van Thanh