|
GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
|
No. 338/2025/ND-CP |
Hanoi, December 25, 2025 |
Elaborating certain articles of the Law on Employment concerning job creation support policies
Pursuant to Law on Government Organization No. 63/2025/QH15;
Pursuant to Law on Employment No. 74/2025/QH15;
At the request of the Minister of Domestic Affairs;
The Government of Vietnam hereby promulgates a Decree elaborating certain articles of the Law on Employment concerning job creation support policies.
This Decree provides detailed regulations and provisions on certain contents on job creation support policies at point c clause 3 Article 9, point b clause 4 Article 9, clause 10 Article 9, point b clause 2 Article 10, clause 4 Article 11, clause 1 Article 12, clause 2 Article 14, clause 1 Article 55 of Law No. 74/2025/QH15.
1. Workers (For the purposes of this Decree, “workers” include employees under employment contracts, where applicable) specified in clause 1 Article 2 of Law No. 74/2025/QH15.
2. Manufacturing and business facilities borrowing loans for support in job creation and the maintenance and expansion of employment in accordance with Point a, Clause 1, Article 9 of Law No. 74/2025/QH15.
3. Agencies, enterprises, organizations and individuals related to the contents specified in Article 1 of this Decree.
Article 3. Interpretation of terms
1. Lending for support in job creation and the maintenance and expansion of employment means the Vietnam Bank for Social Policies (VBSP) using funds for employment generation lending for on-lending to entities eligible for taking out loans (borrowers) specified in Clause 1, Article 9 of Law No. 74/2025/QH15 for the purpose of creating jobs and maintaining and expanding employment for the workers themselves or for other workers, in which:
a) Job creation means the creation of jobs for unemployed persons;
b) Worker retention means the maintenance of existing jobs of workers;
c) Expansion of employment means the recruitment of additional workers or the creation of additional jobs for workers.
2. Manufacturing and business facilities that employ a large number of persons with disabilities, ethnic minorities, persons who have fully served their prison sentences, persons who have completed the execution of decisions on placement in compulsory education institutions, and persons who have completed the execution of decisions on placement in compulsory drug rehabilitation facilities are those employing 30% or more of their total workforce being persons falling under at least one of the following categories: persons with disabilities, ethnic minorities, persons who have fully served their prison sentences, persons who have completed the execution of decisions on placement in compulsory education institutions, and persons who have completed the execution of decisions on placement in compulsory drug rehabilitation facilities.
3. Workers who are Kinh people belonging to poor households and residing in extremely disadvantaged areas are those whose current place of residence is located in extremely disadvantaged areas.
4. For the purposes of this Decree, extremely disadvantaged areas include villages and communes with particularly difficult conditions in ethnic minority and mountainous regions and other areas as determined by competent regulatory authorities.
Article 4. Power to decide the support for guest workers
1. The People’s Committees of provinces shall have the power to decide the support for guest workers in respect of workers whose current place of residence is in the provinces.
2. The People’s Committees of provinces shall decide the decentralization or authorization of the performance of the tasks and powers specified in Clause 1 of this Article in accordance with the Law on Organization of Local Governments No. 72/2025/QH15.
LENDING FOR SUPPORT IN JOB CREATION, WORKER RETENTION AND EMPLOYMENT EXPANSION
1. For manufacturing and business facilities, the maximum loan amount shall be VND 10 billion; for workers, the maximum loan amount shall be VND 200 million per worker eligible for receiving support for job creation and worker retention and expansion of employment.
2. For workers, the maximum loan amount shall be VND 200 million.
3. Where local socio-economic conditions are met, the provincial People’s Committees shall submit to the provincial People’s Councils for decision on maximum loan amounts higher than those prescribed in Clauses 1 and 2 of this Article with respect to local budget funds entrusted to the Vietnam Bank for Social Policies (VBSP).
4. The total outstanding balance of loan-funded projects for the purpose of supporting job creation, worker retention and expansion of employment of a manufacturing and business facility or an worker at VBSP at any given time shall not exceed the maximum loan amount prescribed in Clause 1, Clause 2, or Clause 3 of this Article.
5. Based on available funds and the borrower’s repayment capacity, VBSP shall negotiate an agreement with the borrower to consider and decide the specific loan amount.
The maximum loan term shall be 120 months. The specific loan term shall be determined by VBSP on the basis of available funds and the borrower’s repayment capacity in agreement with the borrower.
Article 7. Lending (interest) rates
1. The lending rate applicable to borrowers specified in Clause 1, Article 9 of Law No. 74/2025/QH15 shall be equal to 127% of the lending rate applicable to poor households in each period as prescribed by the Prime Minister.
2. The lending rate applicable to borrowers specified in clause 3 and clause 8 Article 9 of Law No.74/2025/QH15 shall be equal to the lending rate applicable to poor households in each period as prescribed by the Prime Minister.
3. The interest rates on overdue debts shall be equal to 130% of the lending rates prescribed in Clauses 1 and 2 of this Article.
Article 8. Loan security conditions
1. For loan amounts exceeding VND 200 million, manufacturing and business facilities shall implement loan security measures in accordance with law and the guidelines of VBSP on securing the performance of obligations.
2. Where local socio-economic conditions are met, the provincial People’s Committees shall submit to the provincial People’s Councils for decision on loan thresholds subject to loan security requirements higher than those prescribed in Clause 1 of this Article with respect to local budget funds entrusted to VBSP.
Article 9. Loan applications for manufacturing and business facilities
1. A loan use plan in the form promulgated by the Vietnam Bank for Social Policies.
2. Documents evidencing eligibility for preferential lending rates as prescribed in Point a, Clause 3, Article 9 of Law No. 74/2025/QH15 (if any), including:
a) A list of workers of the manufacturing and business facility in accordance with clause 2 Article 3 of this Decree, clearly indicating workers who are persons with disabilities, ethnic minorities, persons who have fully served their prison sentences, persons who have completed the execution of decisions on placement in compulsory education institutions, and persons who have completed the execution of decisions on placement in compulsory drug rehabilitation facilities;
b) Copies of documents evidencing eligibility for priority status, including: certificates of disability for workers who are persons with disabilities; documents issued by competent authorities evidencing information on ethnicity status or photocopies of information on ethnicity status from Level-2 e-ID accounts for workers who are ethnic minorities; certificates of completion of prison sentences for workers who have fully served their prison sentences; certificates of completion of the execution of decisions on placement in compulsory education institutions; and certificates of completion of the execution of decisions on placement in compulsory drug rehabilitation facilities.
3. Documents relating to security for loans exceeding VND 200 million.
Article 10. Loan applications for workers
1. A loan use plan in the form promulgated by the Vietnam Bank for Social Policies.
2. Documents evidencing eligibility for preferential lending rates as prescribed in Points b, c and d, Clause 3, Article 9 of Law No. 74/2025/QH15 (if any), being copies from the master registers or copies accompanied by originals for comparison, of one of the following documents:
a) Documents issued by competent authorities evidencing information on ethnicity and residence status, and documents issued by competent authorities evidencing poor household status for workers eligible for preferential lending rates under Points b and c, Clause 3, Article 9 of Law No. 74/2025/QH15. Where an worker has a Level-2 e-ID account, the loan application receiver shall verify and certify information on the worker’s ethnicity and residence status in accordance with the guidance of VBSP;
b) Disability certificates for workers who are persons with disabilities;
c) Disability certificates or decisions on monthly financial support for the care and nurturing of persons with severe disabilities; and documents issued by competent authorities evidencing information on household membership and residence status for workers who are members of households directly caring for and nurturing persons with severe disabilities. Where an worker has a Level-2 e-ID account, the loan application receiver shall verify and certify information on household membership and residence status in accordance with the guidance of VBSP;
d) Decisions on monthly financial support for the care and nurturing of persons with severe disabilities or decisions on acceptance of care and nurturing of persons with severe disabilities, for workers providing such care and nurturing.
Article 11. Procedures for loan processing and handling of risk-affected debts
1. Borrowers specified in Clause 1, Article 9 of Law No. 74/2025/QH15 who have demand for loans for support in job creation, worker retention and expansion of employment shall submit loan applications to VBSP.
2. Within 07 working days from the date of receipt of a complete loan application, VBSP shall notify the loan approval results. VBSP shall provide detailed guidance on loan applications and procedures for lending for support in job creation, worker retention and expansion of employment in a manner that ensures the convenience and flexibility.
3. The handling of risk-affected debts in respect of loans for support in job creation, worker retention and expansion of employment shall comply with regulations on handling of risk-affected debts applicable to VBSP.
LENDING FOR SUPPORT FOR GUEST WORKERS
1. The maximum loan amount shall be equal to 100% of the total costs payable by the worker prior to departure for working abroad under the contract for sending workers to work abroad concluded between the worker and the service business or public service provider, excluding expenses already covered by the state budget in accordance with Chapter VI of this Decree.
2. Based on available funds, the total costs payable by the worker prior to departure for working abroad, expenses already covered by the state budget as declared in the loan application, and the borrower’s repayment capacity, VBSP shall determine the specific loan amount in agreement with the borrower.
Article 13. Loan security conditions
1. For loan amounts exceeding VND 200 million, worker borrowers shall implement loan security measures in accordance with law and the guidelines of VBSP on securing the performance of obligations.
2. Where local socio-economic conditions are met, the provincial People’s Committees shall submit to the provincial People’s Councils for decision on loan thresholds subject to loan security requirements higher than those prescribed in Clause 1 of this Article with respect to local budget funds entrusted to VBSP.
The maximum loan term shall be equal to the term of the contract for sending the worker to work abroad, excluding any extension period of the contract.
1. The lending rate applicable to borrowers specified in Clause 2, Article 9 of Law No. 74/2025/QH15 shall be equal to 127% of the lending rate applicable to poor households in each period as prescribed by the Prime Minister
2. The lending rate applicable to borrowers specified in clause 4 and clause 8 Article 9 of Law No.74/2025/QH15 shall be equal to the lending rate applicable to poor households in each period as prescribed by the Prime Minister.
3. The interest rates on overdue debts shall be equal to 130% of the lending rates prescribed in Clauses 1 and 2 of this Article.
1. A loan application form promulgated by VBSP.
2. Documents evidencing eligibility for preferential lending rates as prescribed in Points a and b, Clause 4, Article 9 of Law No. 74/2025/QH15 (if any), including copies from the master registers or copies accompanied by originals for comparison, of one of the following documents:
a) Documents issued by competent authorities evidencing the information on ethnicity and residence status. Where the worker has a Level-2 e-ID account, the loan application receiver shall verify and certify such information in accordance with the guidance of VBSP;
b) Documents issued by competent authorities evidencing poor household status.
3. Copies from master registers or copies accompanied by originals for comparison of the contract for sending the worker to work abroad concluded between the worker and the service business or public service provider.
4. Copies from master registers or copies accompanied by originals for comparison of the valid passport of the worker.
5. Documents relating to security for loans exceeding VND 200 million.
6. Copies from master registers or copies accompanied by originals for comparison of documents issued by competent authorities on support for guest workers at the time of submission of the application (if any).
Article 17. Procedures for loan processing and handling of risk-affected debts
1. Workers wishing to receive loans for support for guest workers shall submit loan applications to VBSP.
2. Within 07 working days from the date of receipt of a complete loan application, VBSP shall notify the loan approval results. VBSP shall provide detailed guidance on loan application and procedures, ensuring convenience and flexibility.
3. The handling of risk-affected debts in respect of loans for support for guest workers shall comply with regulations on handling of risk-affected debts applicable to VBSP.
Article 18. Notification of programs, projects and activities implementing the public employment policy
1. Within 10 working days from the date of the decision on implementation of the public employment policy, ministries, ministerial agencies and the provincial People’s Committees shall notify the People’s Committees of communes where the programs, projects or activities are implemented of the scope, contents of work to be performed; the required quality and progress; and the demand for labor to participate in such programs, projects or activities.
2. Within 03 working days from the date of receipt of the notification, the commune-level People’s Committees shall publicly post the notification at their offices and community venues, and disseminate it via local communication channels for at least 05 working days.
Article 19. Registration for participation in public employment
1. Workers wishing to participate in public employment shall register for participation in programs, projects or activities with the People’s Committees of communes of their current place of residence. The registration contents shall include:
a) Full name and gender;
b) Date of birth:
c) Citizen ID number; date and place of issuance;
d) Professional qualifications and vocational skills (if any);.
dd) Address of current residence;
e) Priority status (if any): ethnic minorities; individuals from poor and near-poor households; the elderly; persons with disabilities; individuals in households directly caring for individuals with severe disabilities; individuals fostering or caring for those with severe disabilities; and individuals whose land has been repossessed and who are eligible for support in vocational training, job change, and employment seeking in accordance with the regulations of the land law.
2. The commune-level People’s Committees shall compile a list of workers wishing to participate in public employment and publicly post it at their offices, community venues, and disseminate it via local communication channels for at least 05 working days.
Article 20. Selection of workers for participation in public employment
The commune-level People’s Committees, in coordination with contractors (if any), the Vietnamese Fatherland Front and its member organizations, and representatives of beneficiary communities, shall select workers from the list of workers registering for participation in public employment on the principles of publicity and transparency, in the following order of priority:
1. Workers falling under one of the categories specified in Point e, Clause 1, Article 19 of this Decree;
2. Workers who are victims of trafficking.
3. Workers from households primarily engaged in agricultural production;
4. Workers residing in the area where the programs, projects or activities are implemented.
Article 21. Entitlements for workers participating in public employment in programs, projects or activities involving contractors
Contractors implementing programs, projects or activities that engage workers in public employment shall conclude employment contracts with such workers and ensure their entitlements in accordance with labor law, and implement occupational safety and hygiene measures in accordance with occupational safety and hygiene laws.
Article 22. Wages for workers participating in public employment under community-based implementation
For programs, projects or activities implementing the public employment policy under the contractor selection method of community-based implementation in accordance with bidding laws, wages of workers shall be paid based on agreement among the workers and on the basis of actual working time, work volume and quality performed by the workers, as follows:
1. Where workers work 8 hours per day and 26 days per month, wages shall be calculated on a monthly basis and shall not be lower than the regional minimum wage applicable at the place of implementation.
2. Where workers do not work 8 hours per day or 26 days per month, wages shall be calculated on an hourly basis and shall not be lower than the regional minimum wage applicable at the place of implementation divided by 26 days and 8 hours.
3. Where overtime is performed in accordance with Clause 3, Article 23 of this Decree, wages for overtime hours shall be paid on an hourly basis as prescribed in Clause 2 of this Article, at least as follows:
a) 150% on normal working days;
b) 200% on weekly rest days;
c) 300% on public holidays and festivals.
Article 23. Working time and rest time of workers participating in public employment under community-based implementation
Working time and rest time shall be arranged by agreement among workers participating under community-based implementation, subject to the following requirements:
1. Work time shall not exceed 8 hours per day.
2. At least 01 day (24 consecutive hours) off per week. In special cases, at least 04 days off per month on average.
3. Total working hours including overtime shall not exceed 12 hours per day.
Article 24. Occupational safety and hygiene for workers participating in public employment under community-based implementation
1. Workers participating in public employment under community-based implementation shall be entitled to:
a) receive support for training in occupational safety and hygiene when performing work subject to stringent requirements on occupational safety and hygiene in accordance with the Government’s regulations on technical safety inspection, occupational safety and hygiene training and monitoring of the working environment, and guiding documents for implementation;
b) participate in and be entitled to voluntary occupational accident insurance in accordance with the Government’s regulations on voluntary occupational accident insurance for workers working without employment contracts;
c) be provided with information on safety and hygiene by the project developers appropriate to local conditions in accordance with occupational safety and hygiene laws;
d) be covered by compulsory insurance in construction investment activities and other compulsory professional liability insurance procured by the project developers in accordance with law.
2. Workers participating in public employment under community-based implementation shall be obligated to:
a) ensure occupational safety and hygiene in performing their work in accordance with law;
b) ensure occupational safety and hygiene for related persons during the performance;
c) report unsafe acts to local authorities for promptly handling;
d) declare occupational accidents to the People’s Committees of communes where the accidents occur in accordance with occupational safety and hygiene laws.
3. Responsibilities of the project developers in ensuring occupational safety and hygiene for workers participating in public employment under community-based implementation shall be as follows:
a) Facilitate workers in working in an occupationally safe and hygienic environment and in enjoying the entitlements specified in Points a and b, Clause 1 of this Article;
b) Ensure the entitlements of workers as prescribed in point c and d clause 1 of this Article;
c) Cooperate and facilitate workers in fulfilling the obligations specified in clause 2 of this Article.
VOCATIONAL TRAINING SUPPORT FOR RURAL WORKERS AND YOUNG WORKERS
Article 25. Expenditure items and levels of support for vocational training
1. Rural workers and young workers eligible for support as prescribed in Clause 1, Article 12 of Law No. 74/2025/QH15 shall be entitled to support for elementary-level training or training courses of less than 03 months, including:
a) Tuition support based on the actual tuition fees charged by the training institution.
For rural workers, the maximum level of support shall be VND 4 million per person per course.
For young workers, the level of support shall not exceed 12 months of the statutory pay rate, including all expenditure items for support specified in Points a, b and c of this Clause. Where such level is exceeded, priority shall be given in the order of expenditure items specified in Points a, b and c of this Clause.
Where the statutory pay rate is abolished, the reference level prescribed by the Government shall apply.
b) Meal and subsistence allowances during the training period at VND 50.000 per person per day;
c) Travel allowances for workers from their current place of residence to the training location, as follows: VND 200.000 per person per course for those residing at least 15 km from the training location; VND 300.000 per person per course for those residing at least 5 km from the training location in extremely disadvantaged areas.
2. Where local socio-economic conditions are met, the provincial People’s Committees shall submit to the provincial People’s Councils for decision on levels of support higher than those prescribed in Clause 1 of this Article.
3. Rural workers and young workers eligible for support as prescribed in Clause 1, Article 12 of Law No. 74/2025/QH15 shall be entitled to vocational training support only once under the policy prescribed in clause 1 of this Article.
4. Workers who have received vocational training support under other applicable state policies shall not be entitled to further support under the policy prescribed in Clause 1 of this Article, except for young workers eligible for support as prescribed in Clause 1, Article 12 of Law No. 74/2025/QH15.
Where a rural worker has previously received vocational training support but becomes unemployed due to objective reasons, the commune-level People’s Committees shall consider and decide the provision of further vocational training support for career change under the policy prescribed in Clause 1 of this Article, provided that such support shall not exceed a total of 03 times.
Article 26. Conditions for vocational training support
1. Rural workers shall be entitled to support for elementary-level training or training courses of less than 03 months upon demand.
2. Young workers eligible for support as prescribed in Clause 1, Article 12 of Law No. 74/2025/QH15 shall be entitled to support for elementary-level training or training courses of less than 03 months upon fully satisfying the following conditions:
a) Wishing to be provided with training within 60 months from the date of completion of military service, service in the People’s Public Security, completion of the implementation of socio-economic development programs or projects, or completion of assignments in economic-defense zones;
b) Not having received vocational training support funded by the state budget since completion of military service, service in the People’s Public Security, completion of the implementation of socio-economic development programs or projects, or completion of assignments in economic-defense zones;
Article 27. Applications for vocational training support
1. An application form for support made using Form No. 01 Appendix I enclosed herewith.
2. Documents evidencing that the worker is a young worker eligible for support specified in clause 1 Article 12 of Law No. 74/2025/QH15, being copies from master registers, copies accompanied by originals for comparison, certified electronic copies, or electronic copies from master registers of one of the following:
a) A military discharge decision, for the youth completing military service or service in the People’s Public Security;
b) A decision on completion of peacetime active-duty military service for standing militia members;
c) A certificate of participation in voluntary activities for youth volunteers completing the implementation of socio-economic development programs or projects;
d) A certificate of young intellectual volunteers completing their assignments in economic-defense zones.
3. Copies from master registers, copies accompanied by originals for comparison, certified electronic copies, or electronic copies from master registers of certificates of elementary-level training or certificates of course completion, except in cases of commissioned training as prescribed in Clause 3, Article 28 of this Decree.
4. Invoices or receipts for tuition for elementary-level training or training courses of less than 03 months, except in cases of commissioned training as prescribed in Clause 3, Article 28 of this Decree.
Article 28. Procedures for vocational training support
1. An worker shall submit an application for vocational training support directly, by post, through a service provider or an authorized person, or online via the National Public Service Portal to the Public Service Center at their current place of residence.
2. Within 07 working days from the date of receipt of a complete application, the People’s Committee of the commune where the worker resides shall decide the provision of support and arrange payment thereof. In case of refusal, a written notification stating the reasons shall be provided.
3. In cases of commissioned training, based on training demand and the number of participating workers, the People’s Committee of the commune at the worker’s current place of residence shall conclude a contract for commissioned elementary-level training or training courses of less than 03 months with a training institution in accordance with the laws on assignment, commissioning or bidding.
Article 29. Funding for vocational training support
Funding for vocational training support for rural workers and young workers shall be allocated from the state budget in accordance with the applicable government budget hierarchy and financial assistance from organizations, individuals, enterprises and other lawful mobilized or sponsored sources.
Article 30. Expenditure items and levels of support for guest workers
1. Expenditures for orientation education before working abroad under contract, including:
a) Support for training costs based on actual costs: not exceeding VND 530.000 per person per course;
b) Meal and subsistence allowances during the training period: VND 50.000 per person per day;
c) Accommodation support during the training period: VND 400.000 per person per month;
d) Travel allowances for workers calculated for the distance from their current place of residence to the training location, as follows: VND 200.000 per person per course for those residing at least 15 km from the training location; VND 300.000 per person per course for those residing at least 5 km from the training location in extremely disadvantaged areas.
2. Training and upskilling in vocational skills and foreign languages, including:
a) Support for training and upskilling in vocational skills based on actual costs: not exceeding VND 4 million per person per course;
b) Support for training in foreign languages based on the specific level of each course and the actual training duration: not exceeding VND 4 million per person per course;
c) Support in accordance with Points b, c and d, Clause 1 of this Article.
3. Upskilling in vocational skills under agreements
a) Workers participating in vocational training and upskilling programs as required under supply contracts between Vietnamese enterprises and foreign partners shall be entitled to partial support for costs of vocational upskilling and foreign language training at a level equal to 70% of the training costs of each course charged by the training institution shall be provided, but not exceeding the support levels specified in Points a and b, Clause 2 of this Article;
b) Workers participating in advanced training programs under agreements between the Government of the Socialist Republic of Viet Nam and the receiving countries shall be entitled to support for training costs in accordance with such agreements.
4. Other expenses for guest workers, including:
a) Passport issuance fees in accordance with the law on collection, transfer and management of fees for issuance of passports, visas and other documents related to entry, exit, transit and residence in Viet Nam;
b) Judicial record certificate issuance fees in accordance with the law on collection, transfer, management and use of fees for issuance of judicial record certificates;
c) Visa issuance fees in accordance with the applicable regulations of the receiving country;
d) Medical examination costs based on the actual service prices charged by medical facilities authorized to provide health examinations of guest workers, with a maximum support of VND 750.000 per person.
5. Where local socio-economic conditions are met, the provincial People’s Committees shall submit to the provincial People’s Councils for decision on levels of support for guest workers higher than those prescribed in Clauses 1, 2, 3 and 4 of this Article.
6. Workers eligible for two or more support categories prescribed in Clause 1, Article 14 of Law No. 74/2025/QH15 may choose to apply the most beneficial category and shall be entitled to such support only once for each of the expenditure items for support specified in Clauses 1, 2, 3 and 4 of this Article.
Workers who have already received support for guest workers under other applicable state policies shall not be entitled to further support as prescribed in Clauses 1, 2, 3 and 4 of this Article.
Article 31. Applications for support for guest workers
1. An application form for support made using Form No. 02 Appendix I enclosed herewith.
2. Documents evidencing that the worker is eligible for support as prescribed in clause 1 Article 14 of Law No. 74/2025/QH15, being copies from master registers, copies accompanied by originals for comparison, certified electronic copies, or electronic copies from master registers of one of the following:
a) A decision issued by a competent authority recognizing a worker as a person with meritorious services to the revolution in accordance with the Ordinance on Preferential Treatment for Persons with Meritorious Services to the Revolution, or a decision conferring the title “Hero of the People’s Armed Forces”, or a “Hero” title, or the “For Merit to the Fatherland” certificate, in respect of workers who are persons with meritorious services to the revolution;
b) Documents issued by competent authorities certifying information on the ethnicity status, in respect of workers belonging to ethnic minorities. Where a worker has a level-2 e-ID account, the authority having power to decide whether to provide support for guest workers as prescribed in Article 4 of this Decree shall extract and use information on ethnicity status from the National Population Database in accordance with the law;
c) Documents issued by competent authorities certifying poor or near-poor household status, and documents issued by competent authorities certifying information on household membership status, in respect of workers belonging to poor or near-poor households. Where a worker has a level-2 e-ID account, the authority having power to decide whether to provide support for guest workers as prescribed in Article 4 of this Decree shall extract and use information on household membership status from the National Population Database in accordance with the law;
d) A decision on repossession of land of the household and documents issued by competent authorities certifying information on household membership status in respect of workers whose land has been repossessed and who are eligible for support for vocational training, career change and employment seeking in accordance with land laws. Where a worker has a level-2 e-ID account, the authority having power to decide whether to provide support for guest workers as prescribed in Article 4 of this Decree shall extract and use information on household membership status from the National Population Database in accordance with the law;
dd) A military discharge decision, for the youth completing military service or service in the People’s Public Security;
e) A decision on completion of peacetime active-duty military service for standing militia members;
g) A certificate of participation in voluntary activities for youth volunteers completing the implementation of socio-economic development programs or projects;
h) A certificate of young intellectual volunteers completing their assignments in economic-defense zones;
i) A certificate of relatives of persons with meritorious services to the revolution made in accordance with Form No. 03 in Appendix I enclosed herewith, in respect of workers who are relatives of persons with meritorious services to the revolution.
3. A copy of the contract for sending the worker to work abroad concluded between the employee and the service business or public service provider. Where a worker directly concludes an employment contract with a foreign employer, the application shall include a copy of the individual contract and a copy from the master register or a copy accompanied by its original for comparison or an electronic copy from the master register of the document certifying registration of the individual contract.
4. A copy from the master register or a copy accompanied by its original for comparison or an electronic copy from the master register of the valid passport and visa.
5. Invoices or receipts of medical examination fees, passport, visa and judicial record certificate issuance fees;
6. Copies from master registers, copies accompanied by their originals for comparison, certified electronic copies, or electronic copies from master registers of certificates or certificates of completion of orientation education, training and upskilling in vocational skills and foreign languages, and vocational upskilling under agreements of the worker, except in cases of commissioned training as prescribed in Clause 3, Article 32 of this Decree;
7. Invoices or receipts of tuition for orientation education, training and upskilling in vocational skills and foreign languages, and vocational upskilling under agreements of the worker, except in cases of commissioned training as prescribed in Clause 3, Article 32 of this Decree.
Article 32. Procedures for support for guest workers
1. A worker shall submit an application for support for guest workers directly, by post, through a service provider or an authorized person, or online via the National Public Service Portal to the Public Service Center at their current place of residence.
2. Within 07 working days from the date of receipt of a complete application, the authority having power to decide whether to provide support for guest workers as prescribed in Article 4 of this Decree shall decide the provision of support and arrange payment thereof. In case of refusal, a written notification stating the reasons shall be provided.
3. In cases of commissioned training, based on training demand and the number of workers participating in orientation education, training and upskilling in vocational skills and foreign languages, the authority having power to decide whether to provide support for guest workers shall conclude a commissioning contract with the service business or public service provider sending the worker to work abroad under contracts in accordance with the law on assignment, commissioning or bidding.
Article 33. Funding for support for guest workers
Funding for support for guest workers shall be allocated from the state budget in accordance with the applicable government budget hierarchy. Funding for workers falling under the case specified in Point d, Clause 1, Article 14 of Law No. 74/2025/QH15 shall be implemented in accordance with land laws.
1. This Decree comes into force from January 01, 2026.
2. The following Government’s Decrees and provisions shall be invalid from the day on which this Decree comes into force:
a) Decree No. 61/2015/ND-CP;
b) Decree No. 74/2019/ND-CP;
c) Article 1 and Form No. 1 of the Appendix enclosed with Decree No. 104/2022/ND-CP;
d) Article 52 and Section 6 of Appendix I enclosed with Decree No. 129/2025/ND-CP.
Article 35. Responsibility for organization of implementation
1. The Ministry of Home Affairs shall:
a) Assist the Government in performing state management of job creation support policies in accordance with the provisions of Law No. 74/2025/QH15 and this Decree;
b) Organize implementation, monitor enforcement and conduct specialized inspections and supervisions of the implementation of this Decree;
c) Consolidate information on the implementation of the job creation support policies prescribed in this Decree.
2. The Ministry of National Defense shall:
a) Take charge and cooperate with the Ministry of Education and Training and the People’s Committees of provinces and central-affiliated cities in guiding the organization and implementation of vocational training support for young workers who have completed military service;
b) Inspect and supervise the implementation of vocational training support for young workers who have completed military service.
3. The Ministry of Public Security shall:
a) Take charge and cooperate with the Ministry of Education and Training and the People’s Committees of provinces and central-affiliated cities in guiding the organization and implementation of vocational training support for young workers who have completed service in the People’s Public Security force;
b) Inspect and supervise the implementation of vocational training support for young workers who have completed service in the People’s Public Security force;
4. The Ministry of Finance shall take charge and cooperate with ministries, central authorities and local authorities in reporting to competent authorities for consideration and decision on funding sources for implementation of the policies prescribed in this Decree in accordance with state budget laws; and providing compensation for interest-rate differentials and management fees in accordance with financial management regulations applicable to VBSP.
5. The Ministry of Education and Training shall:
a) Take the prime responsibility for guiding the organization and implementation of vocational training support for rural workers and young workers as prescribed in this Decree;
b) Conduct specialized inspections and supervisions of the implementation of vocational training support for rural workers and young workers as prescribed in this Decree.
6. Ministries, ministerial agencies and governmental agencies shall:
a) Take the prime responsibility for guiding the implementation of the public employment policy through programs, projects and activities funded by the state budget under their management; and prioritize job creation for workers in areas where such programs, projects or activities are implemented;
b) Annually, before 05 December, submit reports to the Ministry of Home Affairs on the results of implementation of the public employment policy using Form No. 01 in Appendix II enclosed with this Decree.
7. VBSP shall:
a) Guide and organize the provision of loans for job creation, employee retention and employment expansion support, and loans for support for guest workers in accordance with this Decree and the internal regulations of VBSP on lending and loan management;
b) Conduct inspections and supervisions of the borrowing, use of loan capital and debt repayment by borrowers, ensuring that the borrowed capital is used for proper purposes, effectively and remains recoverable;
c) Quarterly, before the 20th day of the first month of each quarter, submit reports on lending results using Forms No. 02, 03, 04, 05, 06, 07, 08, 09 and 10 in Appendix II enclosed with this Decree to VBSP.
8. The People’s Committees at all levels shall:
a) Organize implementation, monitor enforcement and conduct inspections and supervisions of the implementation of this Decree within their respective areas;
b) Submit to provincial-level People’s Councils for decision the allocation of local budget funds for implementation of job creation support policies prescribed in this Decree; and enhance the mobilization of lawful funding sources, sponsorship and contributions from enterprises, organizations and individuals for implementation of such policies;
c) Promote employment development in the private sector and facilitate labor restructuring consistent with the local economic structure, especially in science and technology, innovation, digital transformation, circular economy and green economy sectors;
d) Study and propose policies encouraging enterprises, organizations and individuals to participate in employment generation and vocational training for workers in a sustainable manner;
dd) Organize implementation of the public employment policy through programs, projects and activities funded by the state budget under their management; prioritize job creation for workers in areas where such programs, projects or activities are implemented;
e) Annually, before 25 November, the commune-level People’s Committees shall submit reports to the Provincial People’s Committees on the results of implementation of the public employment policy using Form No. 01 in Appendix II enclosed with this Decree.
g) Annually, before 05 December, the provincial People’s Committees shall submit reports to the Ministry of Home Affairs on the results of implementation of the public employment policy using Form No. 01 in Appendix II enclosed with this Decree.
9. The Vietnamese Fatherland Front and its member organizations, within their jurisdiction, shall be responsible for disseminating and mobilizing agencies, organizations and individuals to enhance support for employment generation for workers; conducting supervisions of the implementation this Decree.
10. Workers and manufacturing or business facilities shall:
a) Make truthful declarations and take legal responsibility for support applications and loan applications in accordance with this Decree;
b) Borrowers obtaining loans from VBSP shall use the borrowed capital for proper purposes and repay principal and interest in full within the agreed time limits.
Article 36. Conversion of the National Employment Fund into central budget funds allocated to VBSP
The National Employment Fund currently managed by VBSP shall be adjusted and recorded as central budget funds allocated to VBSP for the provision of loans for support for job creation, employee retention and employment expansion, and loans for support for guest workers in accordance with this Decree.
Article 37. Transitional provisions
1. Workers and manufacturing or business facilities that submitted applications for loans for support for job creation, employee retention and employment expansion or loans for support for guest workers before the effective date of this Decree, but for which no approval decision has yet been issued, shall be handled in accordance with this Decree.
2. Workers that submitted applications for vocational training support or applications for support for guest workers before the effective date of this Decree, but for which no support decision has yet been issued, shall be handled in accordance with this Decree.
3. Funds deducted from lending interest of the National Employment Fund for management, consolidation, inspection and supervision activities of the Ministry of Home Affairs and Departments of Home Affairs before the effective date of this Decree which remain unused shall be transferred to the state budget in accordance with the applicable government budget hierarchy.
Where such funds had not yet been allocated to the Ministry of Home Affairs or Departments of Home Affairs before the effective date of this Decree, they shall be added to the central budget funds allocated to VBSP for lending in accordance with this Decree.
4. Contracts for commissioned elementary-level vocational training or training courses of under 03 months for rural workers, young workers having completed military service, service in the People’s Public Security force, or young volunteer workers having completed assignments under socio-economic development programs or projects, concluded before the effective date of this Decree, shall continue to be executed.
5. Contracts for commissioned upskilling in vocational skills and foreign languages for guest workers, concluded before the effective date of this Decree, shall continue to be executed.
|
ON BEHALF OF GOVERNMENT OF VIETNAM Pham Thi Thanh Tra |
