Decision 28/2021/QD-TTg implement support policy for employees, employers affected by COVID-19 from Unemployment Insurance Fund

DECISION

On the implementation of policies on supports from the Unemployment Insurance Fund for employees and employers affected by the COVID-19 pandemic^[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 November 16, 2013 Law on Employment;

Pursuant to the National Assembly Standing Committee’s Resolution No. 03/2021/UBTVQH15 of September 24, 2021, adopting policies on supports from the Unemployment Insurance Fund for employees and employers affected by the COVID-19 pandemic;

In furtherance of the Government’s Resolution No. 116/NQ-CP of September 24, 2021, on policies on supports for the Unemployment Insurance Fund for employees and employers affected by the COVID-19 pandemic;

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

The Prime Minister promulgates the Decision on the implementation of policies on supports from the Unemployment Insurance Fund for employees and employers affected by the COVID-19 pandemic.

Chapter I

CASH SUPPORT FROM THE BALANCE OF THE UNEMPLOYMENT INSURANCE FUND FOR EMPLOYEES AFFECTED BY THE COVID-19 PANDEMIC

Article 1. Subjects eligible for support

1. Employees who, as of September 30, 2021, are currently participating in unemployment insurance (included in social insurance agencies’ lists of unemployment insurance participants), excluding:

a/ Employees working in state agencies, political organizations, socio-political organizations or people’s armed units.

b/ Employees working in public non-business units with current expenditures covered by the state budget in accordance with the Government’s Decree No. 60/2021/ND-CP of June 21, 2021, providing the financial autonomy mechanism applicable to public non-business units, and current regulations on financial autonomy applicable to public non-business units.

2. Employees who have stopped participating in unemployment insurance due to termination of labor contracts or work agreements at any time from January 1, 2020, through September 30, 2021, and have the unemployment insurance premium payment periods reserved in accordance with the law on employment, excluding those for whom decisions on entitlement to monthly pensions have been issued.

3. This support policy does not apply to those who voluntarily refuse to receive supports.

Article 2. Unemployment insurance premium payment period used as a basis for calculation of supports and support levels

1. Basis for calculation of support levels: The period of unemployment insurance premium payment, counted up to September 30, 2021, which has not yet been included in the period used for calculation of unemployment allowance.

In case an employee has submitted a dossier of request for unemployment allowance but not yet received any decision on entitlement to unemployment allowance by September 30, 2021, the total period of unemployment insurance premium payment not yet included in the period for calculation of unemployment benefits which shall be used as a basis for determination of the support level for the employee is the total period of unemployment insurance premium payment not yet included in the period for calculation of unemployment allowance up to September 30, 2021.

2. Support levels

One-off cash support, specifically as follows:

a/ VND 1,800,000 /person, for those having a period of unemployment insurance premium payment of under 12 months.

b/ VND 2,100,000 /person, for those having a period of unemployment insurance premium payment of between full 12 months and under 60 months.

c/ VND 2,400,000 /person, for those having a period of unemployment insurance premium payment of between full 60 months and under 84 months.

d/ VND 2,650,000 /person, for those having a period of unemployment insurance premium payment of between full 84 months and under 108 months.

dd/ VND 2,900,000 /person, for those having a period of unemployment insurance premium payment of between full 108 months and under 132 months.

e/ VND 3,300,000 /person, for those having a period of unemployment insurance premium payment of full 132 months or more.

Article 3. Order and procedures for implementation

1. For employees currently participating in unemployment insurance

a/ Social insurance agencies shall make lists of employees currently participating in unemployment insurance according to Form No. 01 provided in the Appendix to this Decision, and send them to employers. Social insurance agencies shall complete the sending of such lists to all employers no later than October 20, 2021, and publicize lists of employees eligible for support on websites of provincial-level social insurance agencies.

b/ Within 5 working days after receiving a list from a social insurance agency, an employer shall publicize the list of employees eligible for support for employees to know, compare and supplement information (if any); make a list of employees whose information is already correct and sufficient and employees voluntarily refusing to receive supports according to Form No. 02  provided in the Appendix to this Decision and send it to the social insurance agency.

The employer shall make a list of employees whose information needs to be adjusted (if any) according to Form No. 03  provided in the Appendix to this Decision and send it to the social insurance agency, enclosed with proofs of to-be-adjusted information as prescribed by law by November 10, 2021, at the latest.

c/ Within 10 working days after receiving the list of employees whose information is already correct and sufficient and within 20 days after receiving the list of employees whose information needs to be adjusted from the employer, the social insurance agency shall pay the support to employees. It is encouraged to make payment via employees’ bank accounts.

In case of refusing to pay the support, the social insurance agency shall issue a notice clearly stating the reason.

2. For employees who have stopped participating in unemployment insurance

a/ An employee shall make a request for support according to Form No. 04  provided in the Appendix to this Decision and send it to the provincial- or district-level social insurance agency of the locality where he/she wishes to receive support. The deadline for receiving requests for support is December 20, 2021.

b/ Within 10 working days after receiving the employee’s request for support, the social insurance agency shall pay the support to the employee; the payment deadline is December 31, 2021. It is encouraged to make payment via employees’ bank accounts.

In case of refusing to pay the support, the social insurance agency shall issue a notice clearly stating the reason.

3. After November 30, 2021, if the employees specified in Clause 1 of this Article have still not received the support, they shall proceed with the procedures specified in Clause 2 of this Article.

4. Mode of implementation:

a/ Online via the National Public Service Portal, the Vietnam Social Security’s Public Service Portal, organizations providing I-VAN service or Digital Social Insurance application (VssID).

b/ Via postal service.

c/ In person at provincial-or district-level social insurance agencies.

Chapter II

REDUCTION OF THE UNEMPLOYMENT INSURANCE PREMIUM RATE FOR EMPLOYERS AFFECTED BY THE COVID-19 PANDEMIC

Article 4. Subjects eligible for support

The employers specified in Article 43 of the Law on Employment that start participating in unemployment insurance before October 1, 2021, excluding:

1. State agencies, political organizations, socio-political organizations or people’s armed units.

2. Public non-business units with current expenditures covered by the state budget in accordance with the Government’s Decree No. 60/2021/ND-CP of June 21, 2021, providing the financial autonomy mechanism applicable to public non-business units, and current regulations on financial autonomy applicable to public non-business units.

A public non-business unit eligible for reduction of the insurance premium rate shall send to its managing social insurance agency 1 copy of a competent agency’s document on the classification of the public non-business unit as a unit applying the financial autonomy mechanism under the Government’s Decree No. 60/2021/ND-CP of June 21, 2021, providing the financial autonomy mechanism applicable to public non-business units, and current regulations on financial autonomy applicable to public non-business units.

3. This support policy does not apply to entities that voluntarily refuse to receive support.

Article 5. Reduction of insurance premium rate and implementation period

1. To reduce the insurance premium rate from 1% to 0% of the monthly wage fund of employees currently participating in unemployment insurance.

2. Period of application of the reduced rate: 12 months, from October 1, 2021, through September 30, 2022.

3. In the period from October 1, 2021, through September 30, 2022, every month, social insurance agencies shall reduce the premium rate to 0% of the monthly wage fund of employees currently participating in unemployment insurance under the employers’ responsibility.

Chapter III

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 6. Organization of implementation

1. The Ministry of Labor, Invalids and Social Affairs shall direct, disseminate, guide, inspect and urge the Vietnam Social Security and localities to implement the Government’s Resolution No. 116/NQ-CP of September 24, 2021, and this Decision. The Minister of Labor, Invalids and Social Affairs shall consider and decide on the settlement of problems arising in the process of organizing the implementation of this Decision.

2. The Ministry of Information and Communications shall assume the prime responsibility for, and coordinate with the Party Central Committee’s  Communication and Education Commission, ministries, central agencies and localities, and news and press agencies in, widely disseminating this Decision to the public.

3. The Vietnam Social Security shall disseminate and organize the implementation of policies on support for employees and employers under this Decision; on the 25^th every month, report implementation results to the Ministry of Labor, Invalids and Social Affairs for summarization and reporting to the Government in accordance with law.

4. Provincial-level People’s Committees shall direct their specialized agencies and district-level People’s Committees to coordinate with social insurance agencies in implementing this Decision.

5. The Central Committee of the Vietnam Fatherland Front, Vietnam General Confederation of Labor, representative organizations of employers and socio-political organizations shall participate in disseminating, mobilizing and supervising the implementation of this Decision.

Article 7. Handling of violations

Agencies, organizations and individuals that take advantage of the policies specified in this Decision for self-seeking purpose or commit violations of law shall, depending on the nature and severity of their violations, compensate for damage, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Article 8. Effect

1. This Decision takes effect on October 1, 2021.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and heads of related agencies, units and organizations shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* The Appendix to this Decision is not translated.