What are the regulations on the application for a loan to support job creation of employees in Vietnam in 2023?
How will the employee's loan application in 2023 be changed?
Previously, based on Clause 2, Article 28 of Decree 61/2015/ND-CP stipulating as follows:
Application for loans
1. Each borrower shall submit an application for loans to a branch/transaction office of VBSP (hereinafter referred to as the local VBSP) where the project is executed.
2. Application for loans:
a) An application submitted by an employee consists of:
- An application form for loans certified by the People’s Committee of commune where the borrower has legal residence;
- A copy of the certification of priority entity prescribed in Point b Clause 2 Article 12 of the Law on employment (if any).
However, the latest, based on Clause 1, Article 1 of Decree 104/2022/ND-CP stipulating as follows:
Amendments to Decree No. 61/2015/ND-CP dated July 9, 2015 on policies to support job creation and the National Employment Fund amended according to Decree No. 74/2019/ND-CP dated September 23, 2019
1. Point a, Clause 2, Article 28 shall be amended as follows:
“a) As for employees: A loan application letter, certified by the People's Committee of commune where the project is executed, made according to Form No. 1 issued together with this Decree;”.
Thus, the application for loans for an employee has omitted a copy of the certification of priority entity.
At the same time, the application form for loans certified by the People’s Committee of commune where the borrower has legal residence shall be replaced with the loan application letter, certified by the People's Committee of commune where the project is executed.
What are the regulations on the application for a loan to support job creation of employees in Vietnam in 2023?
Has the employee's loan application form changed?
Pursuant to Clause 3, Article 1 of Decree 104/2022/ND-CP stipulating as follows:
Amendments to Decree No. 61/2015/ND-CP dated July 9, 2015 on policies to support job creation and the National Employment Fund amended according to Decree No. 74/2019/ND-CP dated September 23, 2019
...
3. Replace Form No. 1a issued with Decree No. 74/2019/ND-CP dated September 23, 2019 with Form No. 1 issued together with this Decree.
Pursuant to Clause 2, Article 28 of Decree 61/2015/ND-CP (amended and supplemented by Clause 6, Article 1 of Decree 74/2019/ND-CP) stipulating as follows:
Amendments to Decree No. 61/2015/ND-CP
...
6. To amend and supplement Clause 2, Article 28 as follows:
"2. Application for loans
a) For employees: A written request for a loan certified by the commune-level People's Committee of lawful residence; belonging to the priority subjects specified at Point b, Clause 2, Article 12 of the Employment Law (if any) according to Forms No. 1a and No. 1b issued together with this Decree;
Thus, Decree 104/2022/ND-CP has replaced Form No. 1a issued together with Decree 74/2019/ND-CP stipulating the form of loan application form to support job creation, maintenance and opening Job expansion (Direct loans to employees) using Form No. 1 issued together with Decree 104/2022/ND-CP.
Pursuant to Form No. 1 promulgated together with Decree 104/2022/ND-CP, stipulating the form of loan application form to support job creation, maintenance and job expansion as follows:
Download the application form for a loan to support job creation, job maintenance and expansion under Decree 104/2022/ND-CP: here
Which agency is responsible for assessment and approval for application for loans?
Pursuant to Clause 2, Article 29 of Decree 61/2015/ND-CP stipulating the assessment and approval for application for loans as follows:
- With respect to a project for which the fund source is managed by the People's Committee of province:
+ Within 10 working days, from the date on which the application for loans is received, the local VBSP shall assess and submit it to the President of People’s Committee of district where the project is executed for approval;
+ Within 05 working days, from the date on which the application for loans is received, the President of People’s Committee of district where the project is executed shall consider approving. If the application is rejected, they must provide explanation in writing for the local VBSP.
- With respect to a project for which the fund source is managed by an organization in charge:
+ Within 10 working days, from the date on which the application for loans is received, the local VBSP shall assess and submit it to the Head of provincial agency of the organizations in charge for approval;
+ Within 05 working days, from the date on which the application for loans is received, the Head of provincial agency of the organizations in charge shall consider approving. If the application is rejected, they must provide explanation in writing for the local VBSP.
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