Decision No. 28/2021/QD-TTg dated October 01, 2021 on policies on aid for workers and employers affected by Covid-19 from Unemployment Insurance Fund

DECISION

POLICIES ON AID FOR WORKERS AND EMPLOYERS AFFECTED BY COVID-19 FROM UNEMPLOYMENT INSURANCE FUND

Pursuant to the Law on Government Organization dated June 19, 2015 and Law on Amendments to the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Employment dated November 16, 2013;

Pursuant to resolution No. 03/2021/UBTVQH15 of Standing committee of the National Assembly dated September 24, 2021 on policies assisting workers and employers affected by covid-19 from Unemployment Insurance Fund;

Pursuant to Resolution No. 116/NQ-CP dated September 24, 2021 of the Government on policies assisting workers and employers affected by covid-19 from Unemployment Insurance Fund;

At the request of the Minister of Labor, War Invalid and Social Affairs;

The Prime Minister promulgates a Decision on policies on provision of aid for workers and employers affected by Covid-19 from Unemployment Insurance Fund.

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FINANCIAL AID FOR WORKERS AFFECTED BY COVID-19 FROM THE SURPLUS OF UNEMPLOYMENT INSURANCE FUND

Article 1. Eligible beneficiaries

1. Workers who are participating in unemployment insurance on September 30, 2021 (included in the list of unemployment insurance participants of social insurance authorities), except:

a) People who are working at state agencies, political organizations, socio-political organizations, units of people’s armed forces. 

b) People who are working at public service providers whose recurrent expenditures are financed by the state budget according to the Government’s Decree No. 60/2021/ND-CP and applicable regulations of law on financial autonomy of public service providers.

2. Workers who have stopped participating in unemployment insurance due to termination of their employment contracts within the period from January 1, 2020 to end of September 30, 2021, and whose unemployment insurance contribution periods are reserved according to employment laws (except people who have received decisions on monthly pensions).  

3. Not applicable to those who voluntarily waive the aid.

Article 2. Unemployment insurance contribution period as the basis for calculation of financial aid

1. Basis for calculation of financial aid: unclaimed unemployment insurance contribution period till September 30 of 2021, provided unemployment benefit has not been provided.

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2. Financial aid amounts:

Lump sum aids:

a) Unemployment insurance contribution period of less than 12 months: 1.800.000 VND/person.

b) Unemployment insurance contribution period between 12 months and less than 60 months: 2.100.000 VND/person. 

c) Unemployment insurance contribution period between 60 months and less than 84 months: 2.400.000 VND/person. 

d) Unemployment insurance contribution period between 84 months and less than 108 months: 2.650.000 VND/person.

dd) Unemployment insurance contribution period between 108 months and less than 132 months: 2.900.000 VND/person. 

e) Unemployment insurance contribution period of at least 132 months: 3.300.000 VND/person. 

Article 3. Procedures

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a) Each social insurance authority shall prepare a list of workers who are unemployment insurance participants according to Form No. 01 and send it to employers. By October 20, 2021, social insurance authorities shall send the lists to all employers and publish the lists of eligible beneficiaries on the websites of provincial social insurance authorities.

b) Within 05 working days from receipt of the list from the social insurance authority, the employer shall disclose the list to the workers who are eligible beneficiaries and provide supplementary information if required; prepare and send a list of workers whose information are correct and adequate information and workers who voluntarily waive the aid according to Form No. 02 to the social insurance authority.

Each employer shall prepare a list of workers whose information is revised according to Form No. 03 (if any) and send it to the social insurance authority together with documents proving the revisions by November 10, 2021.

c) Within 10 working days from the receipt of the list of workers whose information is correct and adequate, and within 20 days from the receipt of the list of workers whose information is revised, the social insurance authority shall provide the aid to the workers. It is recommended to transfer money to the workers’ accounts.

In case of rejection, the social security authority shall send a written notice and provide explanation.

2. For workers who have stopped participating in unemployment insurance

a) Workers shall submit applications to the social insurance authority of the province or the district according Form No. 04 by December 20, 2021.

b) Within 10 working days from the receipt of the worker’s application, the social insurance authority shall provide the aid to the worker. Aid shall be completely provided by December 31, 2021. It is recommended to transfer money to the workers’ accounts.

In case of rejection, the social security authority shall send a written notice and provide explanation.

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4. Implementation:

a) On the National Public Service Portal, Public Service Portal of Vietnam Social Security, I-VAN or VssID services.

b) By post.

c) Directly at the social insurance authority of the province or district.

Chapter II

REDUCTION IN CONTRIBUTION RATES TO THE UNEMPLOYMENT FUND BY EMPLOYERS AFFECTED BY COVID-19

Article 4. Employers eligible for reduction

Employers that are prescribed in Article 43 of the Law on Employment, participating in unemployment insurance before October 01, 2021, except:

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

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The public service provider that is eligible for reduction shall submit to the social insurance authority to which it is paying unemployment insurance 01 copy of the competent authority’s document about its financial autonomy according to  the Government’s Decree No. 60/2021/ND-CP and applicable regulations of law on financial autonomy of public service providers.

3. Not applicable to those who voluntarily waive the aid.

Article 5. Reduction rates and time

1. Reduction from 1% to 0% of the monthly wage fund for employees who are participating in unemployment insurance.

2. Duration: 12 months, from October 1, 2021 to September 30, 2022 inclusive.

3. Every month during October 01, 2021 to September 30, 2022, social insurance authorities shall reduce the contribution rates payable to employers to 0% of the monthly wage fund for employees who have participated in unemployment insurance.

Chapter III

IMPLEMENTATION CLAUSES

Article 6. Organization of implementation

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2. The Ministry of Information and Communications shall take charge and coordinate with Central Propaganda Department of the Communist Party, other ministries, central and local agencies, and news agencies and press in organizing the dissemination of this Decision.

3. Vietnam Social Security shall disseminate information and organize the provision of aid for workers and employers in accordance with this Decision; submit reports on the 25^th of each month of the Ministry of Labor, War Invalid and Social Affairs for consolidation and reporting to the Government.

4. The People’s Committees of provinces shall instruct affiliated agencies and the People’s Committee of the districts to cooperate with social insurance authorities in implementing this Decision.

5. Central Committee of the Vietnamese Fatherland Front, the Vietnam General Confederation of Labor, representative organizations of employers and socio-political organizations shall participate in the dissemination, coordination, implementation and supervision of the implementation of the Decision.

Article 7. Handling violations

Organizations and individuals that take advantage of this Decision for personal gain or commit violations of law shall, depending on the nature and severity of the violations, pay compensation, face disciplinary actions, administrative penalties or criminal prosecution as prescribed by law.

Article 8. Effect

1. This Decision comes into force from October 01, 2021.

2. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, and Chairpersons of People’s Committees of provinces and central-affiliated cities, relevant organizations and units are responsible for the implementation of this Decree.

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PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Le Minh Khai