Quyết định 08/2022/QD-TTg

DECISION

IMPLEMENTING RENT SUPPORT POLICIES FOR EMPLOYEES

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

Pursuant to Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies for supporting socio-economic recovery and development program;

Pursuant to the Government’s Resolution No. 11/NQ-CP dated January 30, 2022 on socio-economic recovery and development program and implementation of Resolution No. 43/2022/QH15 dated January 11, 2022 of the National Assembly on fiscal and monetary policies for supporting socio-economic recovery and development program;

At the request of the Minister of Labor – War Invalids and Social Affairs;

The Prime Minister hereby promulgates the Decision on implementation of rent support policies for employees.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decision provides for the implementation of rent support policies for employees who have labor relations, are living in a room/house for rent, or working in the following areas:

1. Industrial zones or export processing zones established according to conditions, orders, and procedures prescribed in the Government’s Decree No. 82/2018/ND-CP dated May 22, 2018 on management of industrial zones and economic zones.

2. Key economic zones include:

a) Economic zones established according to conditions, orders, and procedures prescribed in the Government's Decree No. 82/2018/ND-CP dated May 22, 2018 on management of industrial zones and economic zones.

b) 24 provinces and centrally affiliated cities of 4 key economic zones, which are in the master plan and established under the Prime Minister's Decisions (including the following provinces and cities: Hanoi, Hai Phong, Quang Ninh, Hai Duong, Hung Yen, Vinh Phuc, Bac Ninh, Thua Thien Hue, Da Nang, Quang Nam, Quang Ngai, Binh Dinh, Ho Chi Minh city, Binh Phuoc, Tay Ninh, Binh Duong, Dong Nai, Ba Ria - Vung Tau, Long An, Tien Giang, Can Tho, Ca Mau, An Giang, and Kien Giang).

Article 2. Implementation principles

1. Ensure timely support for eligible entities in a public and transparent manner and prevent exploitation for personal benefits.

2. Do not provide support for employees who do not request support.

3. In case an employee works, under many employment contracts, for many employers, he/she shall only receive support where he/she participated in the compulsory social insurance.

4. Each eligible entity may only receive support once per month and not more than 3 months.

Article 3. Interpretation of terms

For the purpose of this Decision, the following terms shall be construed as follows:

1. “Employer” means an enterprise, cooperative, or household business with a business registration that hires or uses employees under employment contracts.

2. “Employee living in a room/house for rent” means an employee who lodges in a rental accommodation and has to pay rent to the owner of such accommodation.

Chapter II

SUPPORT FOR EMPLOYEES WHO ARE WORKING IN INDUSTRIAL ZONES

Article 4. Eligible entities and eligibility criteria for support

An employee who is working for an enterprise in an industrial zone (IZ), export processing zone (IPZ), or key economic zone (KEZ) will be eligible for support if he/she fully satisfies the following criteria:

1. He/she has rented a room or a house from February 1, 2022 to June 30, 2022.

2. He/she has an indefinite-term employment contract or a fixed-term employment contract with a duration of at least 1 month which was concluded and executed before April 01, 2022.

3. He/she has participated in the compulsory social insurance (included in the list of participants in compulsory social insurance of social insurance agency) in the month preceding the month in which the enterprise makes the list of employees applying for rent support.

In case the employee is not required to participate in compulsory social insurance as specified in Clause 4 Article 2 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government elaborating a number of Articles of the Law on Social Insurance regarding compulsory social insurance (hereinafter referred to as “Decree No. 115/2015/ND-CP”), he/she must be included in the enterprise's payroll of the month preceding the month in which the enterprise makes the list of employees applying for rent support.

Article 5.  Support amount, support duration, and support method

1. Support amount: 500.000 VND/person/month.

2. Support duration: Up to 3 months.

3. Support will be provided monthly.

Article 6. Application for support

A list of employees requesting for rent support verified by a social insurance agency using Form No. 2 in the Appendix promulgated with this Decision (hereinafter referred to as "Form No. 2").

In case an employee in the list is not required to participate in compulsory social insurance, the application must have a copy of the enterprise's payroll of the month preceding the month in which the enterprise makes the list of employees applying for rent support.

Article 7. Procedures

1. An employee applying for rent support shall use Form No. 1 in the Appendix promulgated with this Decision (hereinafter referred to as "Form No. 1”) and be responsible for the accuracy of information as prescribed in Clause 1 Article 4 of this Decision and send his/her application to the enterprise for consolidation.

2. The enterprise shall, based on the requests of its employees, make a consolidated list of employees applying for rent support using Form No. 2 and publicly post it up at the workplace for at least 3 working days.

In case of any claim regarding eligible entities and eligibility criteria, the enterprise shall verify if they comply with Article 4 of this Decision within 2 working days.

3. The enterprise shall send the list of employees applying for rent support according to Form No. 2 to a social insurance agency for confirmation of employees participating in compulsory social insurance. The enterprise shall be responsible for the accuracy and truthfulness of information of employees as prescribed in Clauses 2, 3 Article 4 of this Decision. The enterprise shall make a list of employees applying for rent support on a monthly basis and may request the social insurance agency to issue a single confirmation for 2 or 3 months.

Within 2 working days after receiving the request, the social insurance agency shall confirm the participation in compulsory social insurance of employees.

4. The enterprise shall send the application according to regulations prescribed in Article 6 of this Decision to the People's Committee of the district where it locates its headquarter or branch, representative office, or manufacturing or business location. The enterprise may send a single application for 2 or 3 months.

The deadline for application submission is August 15, 2022.

5. Within 2 working days after receiving the complete application, the District-level People's Committee shall appraise and present it to the province-level People's Committee.

6. Within 2 working days after receiving the complete application, the province-level People’s Committee shall issue a decision on approval of the list and support funds while directing the support payment.

If the application is rejected, the province-level People’s Committee shall respond and provide explanations in writing.

7. Within 2 working days after receiving the support funds of the province-level People’s Committee, the enterprise shall provide the payment for its employees.

Chapter III

SUPPORT FOR EMPLOYEES RETURNING TO THE LABOR MARKET

Article 8. Eligible entities and eligibility criteria for support

An employee who is working for an enterprise, cooperative, or business household with a business registration in an IZ, IPZ, or KEZ will be eligible for support if he/she fully satisfies the following criteria:

1.  He/she has rented a room or a house from April 1, 2022 to June 30, 2022.

2. He/she has an indefinite-term employment contract or a fixed-term employment contract with a duration of at least 1 month which was concluded and executed from April 1, 2022 to June 30, 2022, except renewed employment contracts.

3. He/she has participated in the compulsory social insurance (included in the list of participants in compulsory social insurance of social insurance agency) in the month preceding the month in which the employer makes the list of employees applying for rent support.

In case the employee is not required to participate in compulsory social insurance as specified in Clause 4 Article 2 of Decree No. 115/2015/ND-CP or is a new employee with a concluded employment contract but is not included in the list of participants of compulsory social insurance of a social insurance agency, he/she must be included in the employer's payroll of the month preceding the month in which the employer makes the list of employees applying for rent support.

Article 9.  Support amount, support duration, and support method

1. Support amount: 1.000.000 VND/person/month.

2. Duration: Up to 3 months.

3. Support will be provided monthly.

Article 10. Application for support

A list of employees requesting for rent support verified by a social insurance agency using Form No. 3 in the Appendix promulgated with this Decision (hereinafter referred to as "Form No. 3").

In case an employee in the list is not required to participate in compulsory social insurance or is a new employee with a concluded employment contract but not included in the list of participants of compulsory social insurance of a social insurance agency, the application must have a copy of the enterprise's payroll of the month preceding the month in which the employer makes the list of employees applying for rent support.

Article 11. Procedures

1. An employee applying for rent support shall use Form No. 1 and be responsible for the accuracy of information as prescribed in Clause 1 Article 8 of this Decision and send his/her application to the employer for consolidation.

2. The employer shall, based on the requests of its employees, make a consolidated list of employees applying for rent support according to Form No. 3 and publicly post it up at the workplace for at least 3 working days.

In case of any claim regarding eligible entities and eligibility criteria for support, the employer shall verify if they comply with Article 8 of this Decision within 2 working days.

3. Before the 15th of every month, the employer shall send the list of employees applying for rent support according to Form No. 3 to a social insurance agency for confirmation of employees participating in compulsory social insurance. The employer shall be responsible for the accuracy and truthfulness of information of employees as prescribed in Clauses 2, 3 Article 8 of this Decision.

Within 2 working days after receiving the request, the social insurance agency shall confirm the participation in compulsory social insurance of employees.

4. The employer shall send the application according to regulations prescribed in Article 10 of this Decision to the People's Committee of the district where it locates its headquarter or branch, representative office, or manufacturing or business location. The deadline for application submission is August 15, 2022.

If the employer is a business household, attach the application for rent support according to Form No. 1 of the employee.

5. Within 2 working days after receiving the full application, the district-level People's Committee shall appraise and present it to the province-level People's Committee.

6. Within 2 working days after receiving the complete application, the province-level People’s Committee shall issue a decision on approval for the list and support funds while directing the support payment.

If the application is rejected, the province-level People’s Committee shall respond and provide explanations in writing.

7. Within 2 working days after receiving the support funds of the province-level People’s Committee, the employer shall carry out the payment for its employees.

Chapter IV

IMPLEMENTATION AND PROVISIONS

Article 12. Responsibilities of employees and employers

1. An employee shall make a truthful declaration and take legal liability for the accuracy of the declared content.

2. An employer shall:

a) Disseminate rent support policies to employees.

b) Consolidate and make a list of employees applying for rent support, ensuring the accuracy and transparency regarding eligible entities and eligibility criteria as prescribed in Article 4 and Article 8 of this Decision.

c) Preserve and store applications for rent support of employees for at least 5 years.

d) Carry out procedures as prescribed in Article 7 and Article 11 of this Decision which is the basis for the District-level People's Committee to appraise the application and the province-level People’s Committee to approve the list and rent support funds for employees.

dd) Provide payment of rent support for employees as per regulation of this Decision; Provide payment and do final accounting of funds in accordance with the law.

Article 13. Responsibilities of related agencies

1. The Ministry of Labor – War Invalids and Social Affairs shall:

a) Guide, inspect, and supervise the implementation of policies for employees in accordance with regulations prescribed in this Decision.  The Minister of Labor – War Invalids and Social Affairs shall guide and settle arising matters during the implementation of this Decision.

b) Monitor, consolidate, and update reports on the implementation result of the support for eligible entities according to this Decision.

2. The Ministry of Finance shall:

a) Rely on regulations of this Decision, regulations of relevant laws, and actual expenditures of administrative divisions (verified by Vietnam State Treasury) to consider providing timely support from the central budget for each administrative division. In case a large-scale epidemic occurs and the local budget is insufficient for implementation of policies, the Ministry of Finance shall, at the request of the province-level People’s Committee, supplement the local budget with an amount of up to 70% of the proposed central budget for timely implementation of policies. After administrative divisions have submitted reports on results of budget expenditures on rent support for employees (administrative divisions shall be responsible for the accuracy of the reporting data), the Ministry of Finance shall supplement or withdraw central budget estimates based on actual support provided for eligible entities as per regulation; consolidate and submit reports on the implementation result to the Prime Minister.

b) Cooperate with the Ministry of Labor – War Invalids and Social Affairs in inspecting and supervising the implementation of rent support policies for employees.

3. The Ministry of Public Security shall provide guidelines on updating rental support results for employees to the national database on population.

4. The Vietnam Social Security shall provide guidelines on the verification of the status of participation in social insurance of employees.

5. People’s Committees of the provinces or centrally affiliated cities shall:

a) Organize the implementation of rent support policies for employees, ensuring publicity, transparency, and compliance with regulations.

b) Proactively use local resources and direct the implementation of policies prescribed in Chapter II and Chapter III of this Decision; report the implementation result according to the supporting progress and send the Ministry of Finance for consolidation and presentation to competent authorities for support.

c) Rely on its actual conditions and situations to submit reports to the People's Council of the province for consideration of decision on other eligible entities for support aside from eligible entities prescribed in Article 4 and Article 8 of this Decision from the local budget and other legal mobilization sources (regarding a People’s Committees of the province).

d) Direct specialized agencies and People’s Committees at various levels to cooperate with national public security forces in updating, inspecting, and verifying information of support eligible entities on the National Database on Population in order to ensure the provision of support to the correct entity, avoid duplication, and prevent exploitation for personal benefits and law violations.

dd) On the 25th of every month, submit reports on the implementation result of rent support policies for employees to the Ministry of Labor – War Invalids and Social Affairs, Ministry of Finance, and Ministry of Planning and Investment for consolidation and presentation to the Government as per regulation.

6. Ministries, ministerial agencies, and governmental agencies shall cooperate and implement this Decision according to their functions and tasks; if the implementation exceeds their entitlements, report to the Prime Minister for consideration of issuing decisions.

7. The Vietnam Fatherland Front, Vietnam General Confederation of Labor, Vietnam Chamber of Commerce and Industry, and political union organizations shall participate in the dissemination and cooperation in implementing and supervising the implementation of this Decision.

Article 14. Entry into force

1. This Decision comes into force as of its date of signing.

2. Ministers, directors of ministerial agencies, directors of Government’s affiliates, chairmen of the People’s Committee of provinces, centrally affiliated cities, and heads of agencies, units, and organizations involved in the implementation of rent support policies for employees shall implement this Decision.