Decision 08/2022/QD-TTg on implementation of housing rental assistance policy for employees

DECISION

Providing the implementation of the policy on house rental support for employees^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the National Assembly’s Resolution No. 43/2022/QH15 of January 11, 2022, on fiscal and monetary policies in support of the Program on socio-economic recovery and development;

Pursuant to the Government’s Resolution No. 11/NQ-CP of January 30, 2022, on the Program on socio-economic recovery and development and implementation of the National Assembly’s Resolution No. 43/2022/ QH15 of January 11, 2022, on fiscal and monetary policies in support of the Program;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Prime Minister promulgates the Decision on the implementation of the policy on house rental support for employees.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Decision provides the implementation of the policy on house rental support for employees who have industrial relations, are living in rented houses or lodging houses, and working in:

1. Industrial parks and export processing zones that are established according to the conditions, order and procedures specified in the Government’s Decree No. 82/2018/ND-CP of May 22, 2018, providing the management of industrial parks and economic zones.

2. Key economic regions, including:

a/ Economic zones that are established according to the conditions, order and procedures specified in the Government’s Decree No. 82/2018/ND-CP of May 22, 2018, providing the management of industrial parks and economic zones.

b/ Twenty-four provinces and centrally run cities in 4 key economic regions that are included in relevant master plans and established under the Prime Minister’s decisions. These 24 provinces and cities include: Hanoi, Hai Phong, Quang Ninh, Hai Duong, Hung Yen, Vinh Phuc, Bac Ninh, Thua Thien Hue, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Ho Chi Minh City, Binh Phuoc, Tay Ninh, Binh Duong, Dong Nai, Ba Ria-Vung Tau, Long An, Tien Giang, Can Tho, Ca Mau, An Giang, and Kien Giang.

Article 2. Principles of implementation

1. To ensure timely provision of support for the eligible beneficiaries in a public and transparent manner, without letting occurrence of cases of policy profiteering.

2. Not to provide support for employees who do not request support.

3. In case an employee enters into different labor contracts with more than one employer, he/she may receive support at the place where he/she participates in compulsory social insurance.

4. Each employee may receive support only once a month for a period of no more than 3 months.

Article 3. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Employers mean enterprises, cooperatives or business households that have made business registration and hire or employ employees under agreement.

2. Employees living in rented houses or lodging houses mean persons who live in rented houses or lodging houses and must pay rental to the landlords.

Chapter II

SUPPORT FOR EMPLOYEES CURRENTLY WORKING FOR ENTERPRISES

Article 4. Beneficiaries of and conditions for support

Employees who are working for enterprises in industrial parks, export processing zones or key economic regions are entitled to support when fully meeting the following conditions:

1. They live in rented houses or lodging houses in the period from February 1, 2022, to June 30, 2022.

2. They enter into indefinite-term labor contracts or labor contracts with a term of 1 month or more that take effect before April 1, 2022.

3. They participate in compulsory social insurance (being included in a social insurance agency’s list of participants in compulsory social insurance) in the month preceding the time the enterprise makes the list of employees requesting house rental support.

For employees not subject to compulsory social insurance specified in Clause 4, Article 2 of the Government’s Decree No. 115/2015/ND-CP of November 11, 2015, detailing a number of articles of the Law on Social Insurance regarding compulsory social insurance, they must be those included in the enterprise’s list of salary recipients in the month preceding the time the enterprise makes the list of employees requesting house rental support.

Article 5. Level and period of support and payment method

1. Level of support: VND 500,000/person/month.

2. Period of support: No more than 3 months.

3. Payment method: On a monthly basis.

Article 6. Dossier of request for support

A list of employees requesting house rental support with a social insurance agency’s confirmation, made according to Form No. 02 provided in the Appendix to this Decision (below referred to as Form No. 02).

In case such list includes employees not subject to compulsory social insurance, the dossier must also comprise a copy of the enterprise’s list of salary recipients in the month preceding the time the enterprise makes the list.

Article 7. Order and procedures for implementation

1. An employee shall make a request for house rental support according to Form No. 01 provided in the Appendix to this Decision (below referred to as Form No. 01) and take responsibility for the accuracy of the information specified in Clause 1, Article 4 of this Decision, and send it to the enterprise for summarization.

2. The enterprise shall, based on employees’ requests, make a list of employees requesting house rental support according to Form No. 02, and publicly display it at the workplace for at least 3 working days.

If receiving information with any doubt about beneficiaries of and conditions for support, within 2 working days, the enterprise shall carry out verification to ensure compliance with Article 4 of this Decision regarding beneficiaries of and conditions for support.

3. The enterprise shall send a list of employees requesting house rental support, made according to Form No. 02, to a social insurance agency for the latter to confirm employees’ participation in compulsory social insurance. The enterprise shall take responsibility for the accuracy and truthfulness of the information specified in Clauses 2 and 3, Article 4 of this Decision. The enterprise shall make a list of employees requesting house rental support on a monthly basis and may request the social insurance agency to give confirmation once for 2 or 3 months.

Within 2 working days after receiving a request, the social insurance agency shall confirm the employees’ participation in compulsory social insurance.

4. The enterprise shall send a dossier specified in Article 6 of this Decision to the district-level People’s Committee of the locality where its head office or its branch, representative office or production and business location is based. The enterprise may send dossiers of request for support once for 2 or 3 months.

The deadline for receiving dossiers is August 15, 2022.

5. Within 2 working days after receiving a complete dossier, the district-level People’s Committee shall appraise and submit it to the provincial-level People’s Committee.

6. Within 2 working days after receiving a complete dossier, the provincial-level People’s Committee shall issue a decision to approve the list of employees requesting house rental support and support amounts; and at the same time, direct the support payment.

If disapproving the list, the provincial-level People’s Committee shall notify such in writing and clearly state the reason.

7. Within 2 working days after receiving the support amounts from the provincial-level People’s Committee, the enterprise shall make payment to employees.

Chapter III

SUPPORT FOR EMPLOYEES RETURNING TO THE LABOR MARKET

Article 8. Beneficiaries of and conditions for support

Employees currently working for enterprises, cooperatives or business households that have registered their business in industrial parks, export processing zones or key economic regions are entitled to support when fully meeting the following conditions:

1. They live in rented houses or lodging houses in the period from April 1, 2022, to June 30, 2022.

2. They enter into indefinite-term labor contracts or labor contracts with a term of 1 month or more that take effect in the period from April 1, 2022, to June 30, 2022, except labor contracts entered into for continuation of the previously signed and performed labor contract.

3. They participate in compulsory social insurance (being included in a social insurance agency’s list of participants in compulsory social insurance) in the month preceding the time the employer makes the list of employees requesting house rental support.

For employees not subject to compulsory social insurance specified in Clause 4, Article 2 of the Government’s Decree No. 115/2015/ND-CP of November 11, 2015, detailing a number of articles of the Law on Social Insurance regarding compulsory social insurance, and newly recruited employees who have entered into labor contracts but have not yet been included in a social insurance agency’s list of participants in compulsory social insurance, they must be those included in the employer’s list of salary recipients in the month preceding the time the employer makes the list of employees requesting house rental support.

Article 9. Level and period of support and payment method

1. Level of support: VND 1,000,000/person/month.

2. Period of support: No more than 3 months.

3. Payment method: On a monthly basis.

Article 10. Dossier of request for support

A list of employees requesting house rental support with a social insurance agency’s confirmation, made according to Form No. 03 provided in the Appendix to this Decision (below referred to as Form No. 03).

In case such list includes employees not subject to compulsory social insurance, and newly recruited employees who have entered into labor contracts but have not yet been included in a social insurance agency’s list of participants in compulsory social insurance, the dossier must also comprise a copy of the employer’s list of salary recipients in the month preceding the time the employer makes the list of employees requesting house rental support.

Article 11. Order and procedures for implementation

1. An employee shall make a request for house rental support according to Form No. 01 and take responsibility for the accuracy of the information specified in Clause 1, Article 8 of this Decision, and send it to the employer for summarization.

2. The employer shall, based on employees’ requests, make a list of employees requesting house rental support according to Form No. 03, and publicly display it at the workplace for at least 3 working days.

If receiving information with any doubt about beneficiaries of and conditions for support, within 2 working days, the employer shall carry out verification to ensure compliance with Article 8 of this Decision regarding beneficiaries of and conditions for support.

3. Before the 15^th of every month, the employer shall send a list of employees requesting house rental support, made according to Form No. 03, to the social insurance agency for the latter to confirm employees’ participation in compulsory social insurance. The employer shall take responsibility for the accuracy and truthfulness of the information specified in Clauses 2 and 3, Article 8 of this Decision.

Within 2 working days after receiving a request, the social insurance agency shall confirm the employees’ participation in compulsory social insurance.

4. The employer shall send a dossier specified in Article 10 of this Decision to the district-level People’s Committee of the locality where its head office or its branch, representative office or business and production location is based. The deadline for receiving dossiers is August 15, 2022.

An employer being a business household shall enclose the dossier with an employee’s request for house rental support made according to Form No. 01.

5. Within 2 working days after receiving a complete dossier, the district-level People’s Committee shall appraise and submit it to the provincial-level People’s Committee.

6. Within 2 working days after receiving a complete dossier, the provincial-level People’s Committee shall issue a decision to approve the list of employees requesting house rental support and support amounts; and at the same time, direct the support payment.

If disapproving the list, the provincial-level People’s Committee shall notify such in writing and clearly state the reason.

7. Within 2 working days after receiving the support amounts from the provincial-level People’s Committee, the employer shall make payment to employees.

Chapter IV

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 12. Responsibilities of employees and employers

1. Employees shall truthfully declare information and take responsibility before law for the accuracy of their declared information.

2. Employers shall:

a/ Popularize and disseminate the policy on house rental support for employees.

b/ Summarize and make lists of employees requesting house rental support, ensuring compliance with Article 4 or 8 of this Decision regarding beneficiaries of and conditions for support.

c/ Preserve and archive employees’ written requests for house rental support for at least 5 years.

d/ Carry out the order and procedures specified in Articles 7 and 11 of this Decision for use as a basis for district-level People’s Committees to appraise and submit to provincial-level People’s Committees for decision lists of employees requesting house rental support and support amounts for employees.

dd/ Pay house rental support amounts to employees in accordance with this Decision; make payment and settlement in accordance with law.

Article 13. Responsibilities of related agencies

1. The Ministry of Labor, Invalids and Social Affairs shall:

a/ Guide, inspect and supervise the implementation of the policy applicable to employees specified in this Decision. The Minister of Labor, Invalids and Social Affairs shall guide and settle issues arising in the course of organizing the implementation of this Decision.

b/ Monitor, summarize and report on results of provision of support to employees in accordance with this Decision.

2. The Ministry of Finance has the following responsibilities:

a/ Based on this Decision, relevant laws and the actually paid support amounts of localities (with state treasury offices’ confirmation), to consider timely provision of support from the central budget to each locality. In case the epidemic occurs on a large scale and local budget funds are not enough to provide support, the Ministry of Finance shall, based on the request of a provincial-level People’s Committee, additionally allocate to the local budget an amount not exceeding 70% of the proposed support amount from the central budget to ensure timely provision of the support. After the concerned locality reports on local budget amounts actually paid as house rental support for employees (the locality shall take responsibility for the accuracy of the reported data), the Ministry of Finance shall additionally allocate or withdraw the central budget estimates based on the actual support amounts under regulations; and summarize and report on the implementation results to the Prime Minister.

b/ To coordinate with the Ministry of Labor, Invalids and Social Affairs in inspecting and supervising the implementation of the policy on house rental support for employees.

3. The Ministry of Public Security shall provide guidance on updating of results of provision of house rental support for employees and make them connected with the national population database for verifying information on employees.

4. The Vietnam Social Security shall provide guidance on confirmation of employees’ status of participation in social insurance.

5. Provincial-level People’s Committees shall:

a/ Organize the implementation of the policy on house rental support for employees in a public and transparent manner under regulations.

b/ Take the initiative in using local resources and direct the implementation of the policies specified in Chapters II and III of this Decision; make reports on the implementation results based on the support progress, and send them to the Ministry of Finance for summarization and submission to the competent authorities for the latter to provide support.

c/ Based on the actual conditions and situation, report to provincial-level People’s Councils for the latter to decide on support for beneficiaries other than those specified in Articles 4 and 8 of this Decision from local budgets and other lawfully mobilized sources.

d/ Direct specialized agencies and subordinate People’s Committees to coordinate with the public security forces in updating, inspecting and verifying information on beneficiaries on the national population database, ensuring that the support is provided to eligible beneficiaries, avoiding provision of repeated support for the same beneficiaries, policy profiteering or violation of law.

dd/ By the 25^th of every month, send reports on the implementation of the policy on house rental support for employees to the Ministry of Labor, Invalids and Social Affairs, Ministry of Finance, and Ministry of Planning and Investment for summarization and reporting to the Government under regulations.

6. Ministries, ministerial-level agencies and government-attached agencies shall, within the ambit of their functions and tasks, coordinate with one another in organizing the implementation of this Decision; and report any issues falling beyond their competence to the Prime Minister for consideration and decision.

7. The Central Committee of the Vietnam Fatherland Front, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, and political mass organizations shall disseminate, and coordinate with one another in organizing and supervising the implementation of, this Decision.

Article 14. Effect

1. This Decision takes effect on the date of its signing.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, heads of agencies, units and organizations involved in the implementation of the policy on house rental support for employees shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* The Appendix to this Decision is not translated.