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:

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.

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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:

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 according to predetermined beneficiaries, objectives, and in a due and 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 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 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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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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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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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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PP. MINISTER
DEPUTY MINISTER




Le Van Thanh