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.