Quyết định 32/2020/QD-TTg

DECISION

AMENDMENTS TO DECISION NO. 15/2020/QD-TTG DATED APRIL 24, 2020 OF THE PRIME MINISTER ON IMPLEMENTATION OF REMEDIATING POLICIES FOR PEOPLE FACING DIFFICULTIES DUE TO COVID-19 EPIDEMIC

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Resolution No. 154/NQ-CP dated October 19, 2020 of the Government on amendments to Resolution No. 42/NQ-CP dated April 9, 2020 of the government on remediating measures for people facing difficulties due to covid-19 epidemic;

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

The Prime Minister promulgates Decision on amendments to Decision No. 15/2020/QD-TTG dated April 24, 2020 of the Prime Minister on implementation of remediating policies for people facing difficulties due to covid-19 epidemic.

Article 1. Amendments to Decision No. 15/2020/QD-TTG dated April 24, 2020 of the prime minister on implementation of remediating policies for people facing difficulties due to covid-19 epidemic:

1. Amend Clause 3 Article 1 as follows:

“Working in enterprises, private education institutions or public education institutions guaranteeing recurrent expenditure for kindergarten, preschool, primary, lower secondary, upper secondary education level (hereinafter referred to as “education institutions”) that do not generate revenues or do not have financial resources to pay salaries (after utilizing backup salary funds, taxed revenues and other legal financial resources of enterprises and education institutions) due to the COVID-19 epidemic”. 

2. Amend Clause 2, Clause 3 and Clause 4 Article 2 are as follows:

“2. Enterprises and education institutions shall prepare list of employees suspending employment contracts or taking non-paid leave and satisfactory to Article 1 of this Decision; request local union organizations (if any) and social insurance agencies to verify this list.

3. Within 3 working days from the date on which the list is received, social insurance agencies shall verify participation in social insurance of employees according to Clause 2 Article 1 of this Decision and send to enterprises and education institutions.

4. Enterprises and education institutions shall send application to People’s Committees of districts where the enterprises and education institutions are based. Within 3 working days from the date on which adequate applications are received, Peoples Committees of districts shall appraise and propose Chairpersons of People’s Committees of provinces. Within 2 working days from the date on which adequate applications are received, Chairpersons of People’s Committees of provinces shall issue Decisions on approving list and funding expenditure and pay for the funding.”

3. Amend Clause 1 Article 13 as follows:

“1. Have employees participating in mandatory social insurance suspending occupation for at least 1 month consecutively from April 1, 2020 to December 31, 2020 inclusively.”

4. Amend Clause 2 Article 13 as follows:

“2. Employers having revenue in the first Quarter of 2020 reduced by at least 20% compared to the fourth Quarter of 2019 or revenue of the Quarter immediately before the date of considering benefits reduced by 20% compared to the same Quarter of 2019.”

5. Annul Article 14.

6. Amend Article 15 as follows:

 “Article 15. Application, procedures for loan, loan approval and disbursement

1. Application for loan

a) Written application using form attached to this Decision.

b) Employers shall declare and be legally responsible for accuracy and truth regarding number of suspending employees and figures on eligibility for the loan according to this Decision.

2. Before the 5^th of each month, employers shall send application for loan to Vietnam Bank for Social Policy where base offices, branches, representative offices, business locations or residence (for household or individual business) of employers are located.

3. When submitting application for benefitting from remedial policies, employers shall provide master registers of following documents:

a) Documents satisfactory to type of business: enterprise registration certificate/cooperative or household business registration certificate; Decision on establishment of competent authorities (if any); Business permit/operation permit/practice license (for conditional business lines or business lines required by the law); Investment permit/investment certificate (for enterprises established by foreign investors).

b) Power of attorney (if any).

c) Written agreement on employment suspension between employers and employees.

4. Within 5 working days from the date on which loan applications of employers are received, Vietnam Bank for Social Policy shall approve the loan.  In case of rejection, inform employers in writing and specify the reason.

5. Disbursement of Vietnam Bank for Social Policy shall be implemented until the end of January 31, 2021.”

Article 2. Entry into force

1. This Decision comes into effect from the date of signing.

2. Form No. 11 – Application for loan to pay for employment suspension of employees;  Form No. 12 – List of suspended employees (of enterprises) due to COVID-19 epidemic; Form No. 13 – List of employers eligible for loan to pay for employment suspension salary; Form No. 14 – List of suspended employees (of provinces) under Annex attached to Decision No. 15/2020/QD-TTg dated April 24, 2020 of the Prime Minister on implementation of remedial policies for people having difficulties due to the COVID-19 epidemic are annulled and replaced by Form No. 11a – Application for loan to pay for suspension of employees and Form No. 11b - List of employees suspended due to COVID-19 attached to this Decision.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and organizations related to assisting people having difficulties due to COVID-19 are responsible for the implementation of this Decision./.