Resolution 126/NQ-CP 2021 amending Resolution 68/NQ-CP on policies to support employees, employers facing difficulties due to COVID-19

RESOLUTION

Amending and supplementing the Government’s Resolution No. 68/NQ-CP dated July 01, 2021, on policies to support employees and employers facing difficulties due to the COVID-19 pandemic

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law dated November 22, 2019, 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 Government's Decree No. 138/2016/ND-CP dated October 1, 2016, on the promulgation of the Government's working regulations

At the proposal of the Minister of Labor, Invalids and Social Affairs and the opinions of members of the Government,

HEREBY RESOLVES:

1. To amend and supplement the Government’s Resolution No. 68/NQ-CP dated July 1, 2021, on policies to support employees and employers facing difficulties due to the COVID-19 pandemic as follows:

a) To amend and supplement Clause 2, Section II as follows:

“2. Temporary suspension of contributions to the retirement and survivorship allowance fund

In cases where employers who have fully paid social insurance or are temporarily suspending contributions to the retirement and survivorship allowance fund until the end of January 2021 but are affected by the COVID-19 pandemic, resulting in a reduction of 10% or more of employees participating in social insurance in comparison to that of early January 2021 (including the employees who are out of work, have their labor contracts suspended, or agree to take unpaid leave), such employers and their employees may temporarily suspend from making contributions to the retirement and survivorship allowance fund for 6 months from the time of submitting their applications. For those who have been entitled to the suspension of contributions thereof in accordance with the Resolution No. 42/NQ-CP dated April 9, 2020 and the Resolution No. 154/NQ-CP dated October 19, 2020 of the Government, if eligible, shall still be entitled to this policy, but the total period of temporary suspension shall not exceed 12 months.”

b) To amend and supplement Clause 4, Section II as follows:

“With regard to employees who are working under labor contracts and participating in compulsory social insurance up to the time right before the suspension of labor contracts or unpaid leave while the period of the temporary suspension of labor contracts or unpaid leave is within the term of their labor contracts in 15 consecutive days or more during the period from May 1, 2021 to the end of December 31, 2021, and such suspension or unpaid leave begins during the period from May 1, 2021 to the end of December 31, 2021; and they are subject to any of the following cases, including being treated for COVID-19, being  imposed medical quarantine measure, being isolated in lockdown areas or being unable to come to the workplace at the request of competent state agencies for the COVID-19 pandemic prevention and control; or  because the employers are temporarily suspended from operation at the request of competent state agencies for the COVID-19 pandemic prevention and control, or their head offices, branches, representative offices, production and business locations are located in the areas subject to disease prevention and control measures in accordance with the Directive No. 16/CT-TTg, or due to the re-arrangement of production and labor for the COVID-19 pandemic prevention and control, they shall be entitled to one-off support as follows: VND 1,855,000/person for labor contract suspension or unpaid leave ranging from 15 consecutive days to less than 01 month; and VND 3,710,000/person for labor contract suspension or unpaid leave of 01 month or more.”

c) To amend and supplement Clause 5, Section II as follows:

“With regard to employees working under labor contracts who are out of work in accordance with Clause 3, Article 99 of the Labor Code; are participating in compulsory social insurance up to the time right before they are out of work and subject to any of the following cases,  including being treated for COVID-19, being  imposed medical quarantine measure, being isolated in lockdown areas or being unable to come to the workplace at the request of competent state agencies according to the Directive No. 16/CT-TTg; or  because the employers are temporarily suspended from operation at the request of competent state agencies, or their head offices, branches, representative offices, production and business locations are located in the areas subject to disease prevention and control measures in accordance with the Directive No. 16/CT-TTg, or due to the re-arrangement of production and labor for the COVID-19 pandemic prevention and control for 14 consecutive days or more during the period from May 1, 2021 to the end of December 31, 2021, they shall be entitled to a one-off support of VND 1,000,000/person.”

d) To amend and supplement Clause 6, Section II as follows:

“With regard to employees working under labor contracts and participating in compulsory social insurance who must terminate their labor contracts during the period from May 1, 2021 to the end of December 31, 2021 and fall into any of the following cases,  including being  imposed medical quarantine measure, being isolated in lockdown areas or being unable to come to the workplace at the request of competent state agencies for the COVID-19 pandemic prevention and control; or  because the employers are temporarily suspended from operation at the request of competent state agencies for the COVID-19 pandemic prevention and control, or their head offices, branches, representative offices, production and business locations are located in the areas subject to disease prevention and control measures in accordance with the Directive No. 16/CT-TTg, or due to the re-arrangement of production and labor for the COVID-19 pandemic prevention and control; and are not eligible for unemployment benefits, they shall be entitled to a one-off support of VND 3,710,000/person.”

dd) To supplement Clause 7, Section II as follows:

“c) With regard to the elderly and people with severe disabilities or people with extremely severe disabilities as prescribed in Clauses 5 and 6, Article 5 of the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021, if they are treated for COVID-19 infection (F0) or imposed medical quarantine measure (F1) as prescribed by competent state agencies, they shall be entitled to an additional support of VND 1,000,000/person covered by the State budget during the treatment or quarantine period from April 27, 2021 to the end of December 31, 2021.”

e) To amend and supplement Clause 10, Section II as follows:

“With regard to business households that have made business registration and are included in the directory of the tax authority; business households involved in agriculture, forestry, fishery, salt-making and street vendors, persons involved in mobile businesses or seasonal businesses, and service providers with low incomes that are not required to make household business registration, if they have to suspend their operations for 15 consecutive days or more at the request of competent state agencies in order to prevent and control the COVID-19 pandemic or because their business locations are located in areas subject to disease prevention and control measures in accordance with the Directive No. 16/CT-TTg during the period from May 1, 2021 to the end of December 31, 2021, they shall be entitled to a one-off support of VND 3,000,000/household covered by the State budget.”

g) To amend and supplement Point a, Clause 11 of Section II as follows:

“Loans to pay for out-of-work employees: Employers are entitled to loans from the Vietnam Bank for Social Policies at the interest rate of 0% and do not have to take loan security measures in order for them to pay for their employees who are paying compulsory social insurance but must be out of work for 15 consecutive days or more as prescribed in Clause 3, Article 99 of the Labor Code during the period from May 1, 2021 to the end of March 31, 2022. The maximum loan shall be equal to the regional minimum salary multiplying the number of employees and their actually out-of-work period up to 03 months. The loan term is less than 12 months.”

h) To amend and supplement Point b, Clause 11 of Section II as follows:

“b) Loans to pay salaries for production recovery: With regard to employers who must suspend their operations at the request of competent State agencies for the COVID-19 pandemic prevention and control; employers whose head offices, branches, representative offices, and production and business locations are located in areas subject to  disease prevention and control measures in accordance with the Directive No. 16/CT-TTg, and employers involved in the domains of transportation, aviation, tourism, accommodation services and sending Vietnamese employees to work overseas under contracts during the period from May 1, 2021 to the end of March 31, 2022, they shall be entitled to loans from the Vietnam Bank for Social Policies at the interest rate of 0% and do not have to take loan security measures in order for them to pay for the employees. The maximum loan shall be equal to the regional minimum salary multiplying the number of employees working under labor contracts and participating in compulsory social insurance according to the actual payment period up to 3 months. The loan term is less than 12 months.”

i) To amend and supplement Point b, Clause 2 of Section III as follows:

“b) Base themselves on the provisions at Point dd, Clause 2, Section I of this Resolution, relevant laws and actual expenditures from the state budgets of localities (certified by the State Treasury) to timely consider and allocate funds from the Central budget to the localities. In cases where the pandemic occurs on a large scale while the local budget does not have enough resources for the implementation, the Ministry of Finance shall, based on the proposal of provincial People’s Committees, allocate funds with a maximum amount of 70% compared to the proposed support level from the Central budget in order to timely implement the policies. After the localities report on the results of budget expenditures to support employees and employers (the localities shall be accountable for the accuracy of reported data), the Ministry of Finance shall supplement or withdraw the central budget estimates on the basis of actual support to the entities as prescribed; summarize and report the results to the Prime Minister.”

2. This Resolution takes effect on the date of its signing.

3. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities and relevant agencies, organizations and individuals shall assume the responsibility for implement this Resolution./.

On behalf of the Government

For the Prime Minister

The Deputy Prime Minister

LE MINH KHAI