Decision 33/2021/QD-TTg amending Decision 23/2021/QD-TTg on policies to support employees, employers hit by COVID-19

DECISION

Amending and supplementing a number of articles of the Prime Minister’s Decision No. 23/2021/QD-TTg of July 7, 2021, on implementation of a number of policies to support employees and employers that face difficulties caused 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;

In furtherance of the Government’s Resolution No. 126/NQ-CP of October 8, 2021, amending and supplementing the Government’s Resolution No. 68/NQ-CP of July 1, 2021, on a number of policies to support employees and employers that face difficulties caused by the COVID-19 pandemic;

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

The Prime Minister promulgates the Decision amending and supplementing a number of articles of the Prime Minister’s Decision No. 23/2021/QD-TTg of July 7, 2021, on implementation of a number of policies to support employees and employers that face difficulties caused by the COVID-19 pandemic.

Article 1. To amend and supplement a number of articles of the Prime Minister’s Decision No. 23/2021/QD-TTg of July 7, 2021, on implementation of a number of policies to support employees and employers that face difficulties caused by the COVID-19 pandemic (below referred to as Decision No. 23/2021/QD-TTg)

1. To amend and supplement Article 5 as follows:

“Article 5. Conditions for support receipt

1. Employers have fully paid social insurance premiums or currently suspend payment of premiums to the Pension and Survivorship Fund by the end of January 2021, and are affected by the COVID-19 pandemic, causing them to lay off at least 10% of their employees covered by social insurance at the time of submission of dossiers of request for support as compared to January 2021. To-be-laid off employees covered by social insurance include:

a/ Employees who terminate their labor contracts or working contracts under regulations, excluding those who enter into labor contracts or working contracts during the period from February 1, 2021, to the date their employers make a request for support.

b/ Employees who suspend the performance of their labor contracts for a period of at least 14 working days in a month.

c/ Employees who take unpaid leaves for a period of at least 14 working days in a month.

d/ Employees who cease working for a period of at least 14 working days in a month.

2. Laid off employees covered by social insurance specified in Clause 1 of this Article include only employees who work under indefinite-term working contracts or labor contracts or labor contracts of a term of at least full 1 month, managers of enterprises, and managers of cooperatives who are salaried, excluding those who retire and receive pension on or after February 1, 2021.”

2. To amend and supplement Clause 4, Article 11 as follows:

“4. The social security agency’s certification of the employer’s full payment of unemployment insurance premiums for unemployment insurance-covered employees for at least full 12 months, counted to the date of request for support, and full payment of unemployment insurance premiums for employees participating in training programs, made according to Form No. 2a provided in the Appendix to this Decision.”

3. To amend and supplement Clause 2, Article 12 as follows:

“2. The employer shall submit a dossier specified in Article 11 of this Decision to the provincial-level Department of Labor, Invalids and Social Affairs of the locality where its/his/her head office is located or where the employer registers the participation in social insurance for employees.

The employer may submit a dossier of request for support at different times to suit its/his/her production and business situation and labor use. Employees may receive support for training or further training in lump sum under this policy.”

4. To amend and supplement Article 13 as follows:

“Article 13. Support beneficiaries, conditions for support receipt

 “In case contractual employees have to suspend performance of their labor contracts or take unpaid leaves as they have to undergo treatment for COVID-19, are subject to medical isolation, or live in blocked areas and cannot go out to work due to request of competent state agencies for the purpose of COVID-19 prevention and control; as their employers’ operations are partially or wholly suspended at the request of competent state agencies for the purpose of COVID-19 prevention and control or their employers’ head offices, branches, representative offices, or production and business locations are located in localities that apply pandemic prevention and control measures under the Prime Minister’s Directive No. 16/CT-TTg of March 31, 2020, on the implementation of urgent measures to prevent and control the COVID-19 pandemic (below referred to as Directive No. 16/CT-TTg) or apply the measures of non-operation, operation suspension, limited operation, conditional operation or limited and conditional operation under the Government’s Resolution No. 128/NQ-CP of October 11, 2021, promulgating the Provisional Regulation on “safe adaptation to and flexible and effective control of the COVID-19 pandemic” (below referred to as Resolution No. 128/NQ-CP) or their employers rearrange production and labor for the purpose of COVID-19 pandemic prevention and control, they will be entitled to support if:

1. They suspend performance of their labor contracts or take unpaid leaves during the validity period of their labor contracts for at least 15 consecutive days, counted from May 1, 2021 to December 31, 2021, and the starting date of the suspension or leave falls in the period from May 1, 2021 to December 31, 2021; and,

2. They are participating in compulsory social insurance (with their names on social security agencies’ lists of compulsory social insurance participants) by the month in which they suspend performance of their labor contracts or take unpaid leaves or by the month preceding the date they suspend performance of their labor contracts or take unpaid leaves.”

5. To amend and supplement Clauses 1 and 3, Article 15 as follows:

“1. A copy of the agreement on suspension of performance of the labor contract or on unpaid leave. In case of impossibility to make a written agreement due to the epidemic or a force majeure event, the employer and employee may make agreement in another form (by telephone or text message, via email, etc.), after reaching an agreement on suspension of performance of the labor contract or on unpaid leave, the employer shall clearly state the form of agreement in column “notice” in Form No. 5 promulgated together with Decision and bear responsibility for the accuracy of the agreement’s contents.

3. A copy of one of the following papers: paper proving the employee’s pregnancy; the child’s birth document or birth certificate; certificate of child adoption; or the competent agency’s decision on handover and receipt of the child for surrogate care, for those specified in Clause 2, Article 14 of this Decision.”

6. To amend and supplement Clauses 1 and 2, Article 16 as follows:

“1. An employer shall make a list of employees under Clause 2, Article 15 of this Decision and bear responsibility for the accuracy and truthfulness of the list and request a social security agency to give certification of its employees’ participation in social insurance. Within 2 working days after receiving the request, the social security agency shall give the certification.

2. An employer shall send a dossier specified in Article 15 of this Decision to the district-level People’s Committee of the locality where its/his/her head office is located or its/his/her branch, representative office or production and business location is based. The deadline for dossier receipt is January 31, 2022.”

7. To amend and supplement Article 17 as follows:

“Article 17. Support beneficiaries, conditions for support receipt

Employees will be entitled to support when fully satisfying the following conditions:

1. They work under labor contracts, have to cease working because of the reasons specified in Clause 3, Article 99 of the Labor Code and fall into one of the following cases: they have to undergo treatment for COVID-19, are subject to medical isolation, or live in blocked areas and cannot go out to work due to request of competent state agencies for the purpose of COVID-19 prevention and control; their employers’ operations are partially or wholly suspended at the request of competent state agencies for the purpose of COVID-19 prevention and control or their employers’ head offices, branches, representative offices, or production and business locations are located in localities that apply pandemic prevention and control measures under Directive No. 16/CT-TTg or apply the measures of non-operation, operation suspension, limited operation, conditional operation or limited and conditional operation under Resolution No. 128/NQ-CP or their employers rearrange production and labor for the purpose of COVID-19 prevention and control for at least 14 days during the period from May 1, 2021, to December 31, 2021.

2. They are participating in compulsory social insurance (with their names on social security agencies’ lists of compulsory social insurance participants) by the month in which they cease working or by the month preceding the date they cease working.”

8. To amend and supplement Clause 3, Article 19 as follows:

“3. A copy of one of the following papers: paper proving the employee’s pregnancy; the child’s birth certificate or birth document; certificate of child adoption; or the competent agency’s decision on handover and receipt of the child for surrogate care, for those specified in Clause 2, Article 18 of this Decision.”

9. To amend and supplement Clauses 1 and 2, Article 20 as follows:

“1. An employer shall make a list of employees under Article 19 of this Decision and bear responsibility for the accuracy and truthfulness of the list and request a social security agency to give certification of its employees’ participation in social insurance. Within 2 working days after receiving the request, the social security agency shall give the certification.

2. An employer shall send a dossier specified in Article 19 of this Decision to the district-level People’s Committee of the locality where its/his/her head office is located or its/his/her branch, representative office or production and business location is based. The deadline for dossier receipt is January 31, 2022.”

10. To amend and supplement Article 21 as follows:

“Article 21. Support beneficiaries, conditions for support receipt

Employees who work under labor contracts and fall into one of the following cases: they have to undergo treatment for COVID-19, are subject to medical isolation, or live in blocked areas and cannot go out to work due to request of competent state agencies for the purpose of COVID-19 prevention and control; their employers’ operations are partially or wholly suspended at the request of competent state agencies for the purpose of COVID-19 prevention and control or their employers’ head offices, branches, representative offices, or production and business locations are located in localities that apply pandemic prevention and control measures under Directive No. 16/CT-TTg or apply the measures of non-operation, operation suspension, limited operation, conditional operation or limited and conditional operation under Resolution No. 128/NQ-CP or their employers rearrange production and labor for the purpose of COVID-19 prevention and control for at least 14 days during the period from May 1, 2021 to December 31, 2021, will be entitled to support when fully satisfying the following conditions:

1. They are participating in compulsory social insurance (with their names on social security agencies’ lists of compulsory social insurance participants) by the month in which they terminate their labor contracts or by the month preceding the date they terminate their labor contracts.

2. They terminate their labor contracts during the period from May 1, 2021 to December 31, 2021, but are ineligible for receipt of unemployment allowance, except the following cases:

a/ They unilaterally terminate their labor contracts in contravention of law.

b/ They receive pension or monthly working capacity loss allowance.”

11. To amend and supplement Clauses 2 and 4, Article 23 as follows:

“2. A copy of the following papers:

a/ The expired labor contract or a document proving the concerned employee’s accomplishment of the jobs stated in the labor contract.

b/ The decision on permission for resignation.

c/ The notice of or agreement on termination of the labor contract.

4. A copy of one of the following papers: paper proving the employee’s pregnancy; the child’s birth certificate or birth document; certificate of child adoption; or the competent agency’s decision on handover and receipt of the child for surrogate care, for those specified in Clause 2, Article 22 of this Decision.”

12. To amend and supplement the title of Chapter VII as follows:

“Chapter VII

SUPPORT FOR PERSONS UNDERGOING COVID-19 TREATMENT OR SUBJECT TO MEDICAL ISOLATION; ADDITIONAL SUPPORT FOR CHILDREN, ELDERLY PEOPLE AND PEOPLE WITH DISABILITIES”

13. To amend and supplement Article 25 as follows:

“Article 25. Support beneficiaries

Children (persons aged under 16 years as defined in the Law on Children); elderly people and people with disabilities specified in Clauses 5 and 6, Article 5 of the Government’s Decree No. 20/2021/ND-CP of March 15, 2021, providing social support policies for social protection beneficiaries (below referred to as elderly people and people with disabilities) and persons being first generation of infection (F0 persons) who are undergoing COVID-19 treatment or being second generation of infection (F1 persons) who are in medical isolation for the purpose of COVID-19 prevention and control under decisions of competent agencies.”

14. To amend and supplement Clause 3, Article 26 as follows:

“3. For children, elderly people and people with disabilities currently undergoing COVID-19 treatment or in medical isolation: 

a/ In addition to the above support, a lump-sum support of VND 1,000,000/person shall be provided.

b/ The state budget shall cover expenses not covered by the health insurance fund and expenses for medical examination and treatment for children who have no health insurance cards.”

15. To amend and supplement Clauses 1, 2 and 4, Article 27 as follows:

“1. A dossier of request for support for an F0 person undergoing treatment at a medical establishment must comprise: 

a/ A list of F0 persons eligible for support, made according to Form No. 8a provided in the Appendix to this Decision.

b/ A hospital discharge paper or death certificate or an equivalent certification issued by the medical establishment.  

c/ A copy of one of the following papers: birth document, birth certificate, passport, people’s identity card, citizen identity card, health insurance card and disability level assessment paper. If such a paper is lost or the F0 person does not bring it with him/her, it may be replaced with a letter of undertaking to bear responsibility for information provided by himself/herself or his/her parent or caregiver to the medical establishment.

2. A dossier of request for support for an F1 person undergoing medical isolation at a medical isolation establishment must comprise: 

a/ A list of F1 persons eligible for support, made according to Form No. 8a provided in the Appendix to this Decision.

b/ A competent agency’s decision on medical isolation.  

c/ A copy of one of the following papers: birth document, birth certificate, passport, people’s identity card, citizen identity card, health insurance card and disability level assessment paper. If such a paper is lost or the F1 person does not bring it with him/her, it may be replaced with a letter of undertaking to bear responsibility for information provided by himself/herself, his/her parent or caregiver to the medical isolation facility.

4. A dossier of request for support for an F1 person who had completed medical isolation at a medical isolation facility before the effective date of this Decision,  an F1 person undergoing self-isolation or an F0 person undergoing at-home treatment must comprise:

a/ A district-level or commune-level People’s Committee’s or a medical agency’s document on medical isolation at a medical isolation facility or permission for self-isolation or at-home treatment.

b/ A confirmation of completion of medical isolation, for an F1 person who completes medical isolation at a medical isolation facility before the effective date of this Decision or who undergoes self-isolation; a confirmation of completion of at-home treatment or confirmation of at-home treatment period, for an F0 person.

c/ A copy of one of the following papers: birth document, birth certificate, passport, people’s identity card, citizen identity card, health insurance card, and disability level assessment paper.

d/ Receipts or certification of payments for meals at a medical isolation facility, for an F1 person who completes medical isolation at the medical isolation facility before the effective date of this Decision.”

16. To amend and supplement Point b, Clause 5, Article 27 as follows:

“b/ For F0 persons who complete treatment before the effective date of this Decision, F1 persons who complete medical isolation at medical isolation facilities before the effective date of this Decision, or F1 persons who have completed self- isolation or at-home treatment: Parents or lawful guardians of children, elderly people, or people with disabilities, F0 persons, and F1 persons shall send a dossier specified in Clause 3 or 4 of this Article to commune-level People’s Committees of localities where they reside. The deadline for dossier receipt is January 31, 2022.

Before the 5^th and the 20^th every month, commune-level People’s Committees shall sum up and make lists (according to Forms No. 8a and No. 8b provided in the Appendix to this Decision) for F0 and F1 persons eligible for support, then send such lists to district-level People’s Committees.

Within 2 working days, district-level People’s Committees shall sum up and submit such lists to chairpersons of provincial-level People’s Committees.”

17. To amend and supplement Clause 6, Article 27 as follows:

“6. Medical establishments, medical isolation facilities and commune-level People’s Committees shall fully provide support for F0 persons, F1 persons,  children, elderly people and people with disabilities undergoing treatment, medical isolation or at-home treatment based on lists approved by provincial-level People’s Committees (according to Form No. 8c provided in the Appendix to this Decision).”

18. To amend and supplement Clause 2, Article 33 as follows:

“2. A copy of one of the following documents for international and domestic tour guides:

a/ The labor contract with an enterprise providing travel services or enterprise providing tour guiding services, which remains valid during the period from January 1, 2020, to the time of dossier submission.

b/ A membership card, for employees of socio-professional organizations engaged in tour guiding activities.”

19. To amend and supplement Article 35 as follows:

“Article 35. Support beneficiaries and conditions for support receipt for business households that have made business registration and been included in tax agencies’ directory

A business household will be entitled to support when fully satisfying the following conditions:

1. Having made business registration and having been included in tax agencies’ directory.

2. Having to suspend their business activities for at least 15 consecutive days for COVID-19 prevention and control at the request of a competent state agency or having a business location in the locality applying the pandemic prevention and control measures under Directive No. 16/CT-TTg or having to suspend or stop operation under Resolution No. 128/NQ-CP during the period from May 1, 2021, to December 31, 2021.”

20. To amend and supplement Article 37 as follows:

“Article 37. Dossiers, order and procedures for provision of support to business households that have made business registration and been included in tax agencies’ directory

1. A business household shall send a request for support, made according to Form No. 11 provided in the Appendix to this Decision, to the commune-level People’s Committee of the locality where its business location is based. The deadline for dossier receipt is January 31, 2022.

2. Within 3 working days after receiving the request, the commune-level People’s Committee shall certify the suspension of business activities of the business household; publicly notify such certification; and sum up and send a list of business households whose business activities are suspended to the district-level Tax Branch.

3. Within 2 working days after receiving the list, the district-level Tax Branch shall assume the prime responsibility for, and coordinate with related agencies in, appraising and sending it to the district-level People’s Committee for summarization.

4. Within 2 working days after receiving the list, the district-level People’s Committee shall review and submit the list to the provincial-level People’s Committee.

5. Within 2 working days after receiving the list, the provincial-level People’s Committee shall issue a decision approving the list of support beneficiaries and support amounts; and at the same time direct the provision of support. In case of refusal to provide support, it shall notify such in writing, clearly stating the reason.”

21. To add Article 37a below Article 37 as follows:

“Article 37a. Support for business households engaged in agricultural production, forestry, fisheries or salt making, street vendors, petty food sellers, persons engaged in shipment trading, itinerant business or seasonal business, and service providers with low income not subject to registration as business households

Under Article 3 of the Government’s Decree No. 39/2007/ND-CP of March 16, 2007, on individuals engaged in independent and regular commercial activities and not subject to business registration, Article 79 of the Government’s Decree No. 01/2021/ND-CP of January 4, 2021, on enterprise registration, and specific conditions of localities, provinces and centrally run cities shall set criteria for identifying subjects operating in localities under their management and provide for dossiers and procedures for provision of support in adherence to the following principles:

1. Beneficiaries have to suspend their operations for at least 15 consecutive days due to competent state agencies’ request for the purpose of COVID-19 prevention and control or have their business locations based in areas applying pandemic prevention and control measures under Directive No. 16/CT-TTg or applying the measure of non-operation/operation suspension under Resolution No. 128/NQ-CP during the period from May 1, 2021, to December 31, 2021.

2. Support shall be provided in lump sum at the level of VND 3,000,000/household.

3. Support shall not be provided to those having previously identified by localities as support beneficiaries under the policy provided at Point 12, Section II of Resolution No. 68/NQ-CP of July 1, 2021.”

22. To amend and supplement Article 38 as follows:

“Article 38. Conditions for loan borrowing

1. Employers may borrow loans for payment of layoff allowance to laid-off employees being contractual employees who are covered by compulsory social insurance up to the month preceding the time when they stop working and are laid off for at least 15 consecutive days under Clause 3, Article 99 of the Labor Code during the period from May 1, 2021, to March 31, 2022.

2. Conditions for employers to borrow loans for payment of wages to employees upon production or business recovery

a/ For employers that have to totally or partially suspend their operation at the request of competent state agencies for the purpose of COVID-19 prevention and control or whose head offices, branches, representative offices, production and business locations in localities applying pandemic prevention and control measures are taken under Directive No. 16/CT-TTg or applying the measure of non-operation, operation suspension, limited operation, conditional operation or limited and conditional operation under Resolution No. 128/NQ-CP during the period from May 1, 2021, to March 31, 2022:

- Having contractual employees who are covered by compulsory social insurance by the time of request for loan borrowing.

- Having plans on production or business recovery, for those subject to operation suspension.

b/ For employers operating in the fields of transportation, aviation, tourism, accommodation services or sending of Vietnamese guest workers

- Having contractual employees who are covered by compulsory social insurance by the time of request for loan borrowing.

- Having plans on production or business recovery.”

23. To amend and supplement Points c and dd, Clause 1, Article 40 as follows:

“c/ A copy of one of the following documents: enterprise registration certificate or cooperative registration certificate or business household registration certificate; establishment decision issued by a competent state agency (if any).

A copy of the business license or operation license or practice certificate, for those operating in conditional business lines, or investment license or investment certificate, for enterprises established by foreign investors.  

dd/ A copy of a competent state agency’s document requesting the employer to totally or partially suspend  operation for the purpose of COVID-19 prevention and control or document on application of pandemic prevention and control measures under Directive No. 16/CT-TTg or application of the measures of non-operation, operation suspension, limited operation, conditional operation or limited and conditional operation under Resolution No. 128/NQ-CP during the period from May 1, 2021, to March 31, 2022 (for borrowing of loans for payment of wages to employees for production or business recovery).”

Article 2. To amend and supplement a number of forms and annul a number of provisions of Decision No. 23/2021/QD-TTg

1. To amend and supplement Forms No. 02, 07, 8b, 8c, 11, 12a, 12b and 12c; add Form No. 2a to the Appendix to Decision No. 23/2021/QD-TTg.

2. To annul Clause 1 of Article 19, point g, Clause 1 of Article 40 of Decision No. 23/2021/QD-TTg.

Article 3. Effect

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

2. This Decision does not apply to subjects that have received support and cases in which competent agencies have approved lists of support beneficiaries but have not yet paid support under Decision No. 23/2021/QD-TTg of July 7, 2021, on implementation of a number of policies to support employees and employers that face difficulties caused by the COVID-19 pandemic.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and heads of agencies, units and organizations involved in the provision of support to employees and employers that face difficulties caused by the COVID-19 pandemic shall implement this Decision.-

For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* The Appendix to this Decision is not translated.