Quyết định 33/2021/QD-TTg

DECISION

AMENDMENTS TO SOME ARTICLES OF Decision No. 23/2021/QD-TTg dated July 07, 2021 of the prime Minister on implementation of certain policies to support employees and employers in difficulty due to the COVID-19 pandemic

Pursuant to the Law on Organization of Government dated June 19, 2015, the Law on amendments to some Articles of the Law on Organization of Government and the Law on Organization of local authorities dated November 22, 2019;

Pursuant to Government's Resolution No. 126/NQ-CP dated October 08, 2021 on amendments to the Government’s Resolution No.68/NQ-CP dated July 07, 2021 on some policies on support for employees and employers in difficulty due to the Covid-19 pandemic;

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

The Prime Minister promulgates Decision on amendments to some Articles of Decision No. 23/2021/qD- TTg dated July 07, 2021 of the Prime Minister on implementation of some policies on support for employees and employers in difficulty due to the Covid-19 pandemic.

Article 1. Amendments to some Articles of Decision No. 23/2021/QD-TTg dated July 07, 2021 of the Prime Minister on implementation of some policies on support for employees and employers in difficulty due to the Covid-19 pandemic (hereinafter referred to as “Decision No. 23/2021/QD-TTg”)

1. Amendments to Article 5:

“Article 5. Support requirements

1. Employers have fully paid enough social insurance premiums or are temporarily suspending contributions to the Retirement and Survivorship Fund until the end of January 2021 but have been affected by the Covid-19 pandemic, resulting in a downsizing of at least 10% employees who are participating in social insurance at the time of application submission compared to January 2021. The number of employees on social insurance considered to be downsized includes:

a) The number of employees with terminated public employment contracts or non-public employment contracts according to the law less the number of new employees entering into public employment contracts or non-public employment contracts from February 1, 2021 to the date of application submission.

b) The number of employees whose employment contracts are being suspended and the suspension period is at least 14 working days in a month.

c) The number of employees on unpaid leaving and the leave is at least 14 working days in a month.

d) The number of furloughed employees and the furlough period is at least14 working days in a month.

2. The employees on social insurance considered to be downsized as prescribed in Clause 1 of this Article only include people working under public employment contracts, non-public employment contracts with indefinite term or with definite term at least 1 month, business executives, cooperatives executives with paid salaries; and exclude those who are on pension from February 1, 2021.”

2. Amendments to Clause 4 of Article 11:

 “4. A document of the social security agency confirming that the employer has fully paid unemployment insurance premiums for employees for full 12 months or more until the time of requesting support and has fully paid unemployment insurance premiums for employees who are going to attend the training prepared according to Form 02a of the Appendix issued together with this Decision.”

3. Amendments to Clause 2 of Article 12:

 “2. The employer shall submit the application specified in Article 11 hereof to the Department of Labor, War Invalids and Social Affairs of the province where it is headquartered or where the employer registers social insurance for the employees.

 The employer may submit the applications for support multiple times to suit production, business and employment requirements. Each employee shall receive training support one time in accordance with this policy.”

4. Amendments to Article 13:

“Article 13. Eligible entities and eligibility requirements

“Any employee who is put on unpaid leave while working under an employment contract due to one of the following reasons: the employee is undergoing COVID-19 treatment, staying in quarantine, staying in the lockdown area, unable to go to the workplace due to the request of the competent state agency to prevent and control the COVID-19; the employer’s operation is completely or partially suspended at the request of a competent state agency for the prevention and control of the COVID-19 or the employer’s head office, branch, representative office or production and business location is located in the area where anti-covid measures are being implemented according to Directive No. 16/CT-TTg dated March 31, 2020 of the Prime Minister on the implementation of urgent measures on prevention and control of the COVID-19 (hereinafter referred to as “Directive No. 16/CT-TTg”) or is subject to prohibition/suspension/restrictions/conditions according to the Government’s Resolution No. 128/NQ-CP dated October 11, 2021 on the temporary regulation “Safe and flexible adaption, effective control the Covid-19” (hereinafter referred to as “Resolution No. 128/NQ-CP”) its production and working activities are reorganized in order to prevent and control the COVID or -19, shall be supported when the following regulations are fully satisfied:

1. The period of suspension of the employment contract or unpaid leave within the term of the employment contract is at least 15 consecutive days from May 1, 2021 to the end of December 31, 2021, with a start date of suspension of employment contract or unpaid leave between May 1, 2021 and December 31, 2021.

2. He/she has contributed to compulsory social insurance (included on the list of compulsory social insurance participants of the social insurance agency) in the month of suspension of the employment contract, unpaid leave or in the month preceding the month in which the employment contract is suspended or the employee takes unpaid leave.”

5. Amendments to Clauses 1 and 3 of Article 15:

“1. A copy of a written agreement on suspension of employment contract or unpaid leave. In case the written agreement is not viable due to the pandemic or a force majeure event, the employer and employee may reach the agreement in other forms (by phone, text message, email, etc.). After reaching the agreement, the employer shall specify the form of agreement in the "Notes" column in Form No. 05 promulgated together with this Decision and be responsible for the accuracy of the content of agreement.

3. In any of the cases specified in Clause 2 Article 14 hereof, a copy of one of the following papers shall be added: proof of the employee’s pregnancy; Birth Certificate or Certificate of Live Birth; Adoption Certificate; A competent agency's Decision to assign or receive alternative care for children.”

6. Amendments to Clauses 1 and 2 of Article 16:

“1. The employer shall make a list of employees according to the regulations of Clause 2 Article 15 of this Decision and request social insurance agency to confirm the employers on social insurance. The employer shall be responsible for the accuracy of this list. The social security agency shall give such a confirmation within 2 working days after receiving the request of the employer.

2. The employer shall send the application prescribed in Article 15 hereof to the People’s Committee of the district where the headquarters, branch, representative office, or production and business location is located. The deadline for application submission is January 31, 2022.”

7. Amendments to Article 17:

“Article 17. Eligible entities and eligibility requirements

Employees are given financial supports if they meet all the eligibility requirements as follows:

1. The employee who is furloughed according to clause 3 Article 99 of the Labor Code while working under an employment contract due to one of the following reasons: the employee is undergoing COVID-19 treatment, staying in quarantine, staying in the lockdown area, unable to go to the workplace due to the request of the competent state agency to prevent and control the COVID-19; the employer’s operation is completely or partially suspended at the request of a competent state agency for the prevention and control of the COVID-19 or the employer’s head office, branch, representative office or production and business location is located in the area where anti-covid measures are being implemented according to Directive No. 16/CT-TTg or is subject to prohibition/suspension/restrictions/conditions according to the Government’s Resolution No. 128/NQ-CP or its production and working activities are reorganized in order to prevent and control the COVID-19, in consecutive 14 days and more during the period from May 01, 2021 to December 31, 2021.

2. He/she is participating to compulsory social insurance (included on the list of compulsory social insurance participants of the social insurance agency) in the month of furlough or in the month preceding the month in which the employment contract is furloughed.”

8. Amendments to Clause 3 of Article 19:

“3. In the cases specified in Clause 2 Article 18 hereof, a copy of one of the following papers shall be added: proof of the employee’s pregnancy; Birth Certificate or Certificate of Live Birth; Adoption certificate; a competent agency's Decision to assign or receive alternative care for children.

9. Amendments to Clauses 1 and 2 of Article 20:

“1. The employer shall make a list of employees participating in social insurance according to the regulations of Article 19 hereof and request social insurance agency to confirm it. The employer shall be responsible for the accuracy of the list. The social security agency shall give such a confirmation within 2 working days after receiving the request of the employer.

2. The employer shall send the application prescribed in Article 19 hereof to People’s Committee of the district where the headquarters, branch, representative office, or production and business location is located. The deadline for application submission is January 31, 2022.”

10. Amendments to Article 21:

“Article 21. Eligible entities and eligibility requirements

The employee is working under an employment contract due to one of the following cases: the employee is undergoing COVID-19 treatment, staying in quarantine, staying in the lockdown area, unable to go to the workplace due to the request of the competent state agency to prevent and control the COVID-19; the employer’s operation is completely or partially suspended at the request of a competent state agency for the prevention and control of the COVID-19 or the employer’s head office, branch, representative office or production and business location is located in the area where anti-covid measures are being implemented according to Directive No. 16/CT-TTg or is subject to prohibition/suspension/restrictions/conditions according to the Government’s Resolution No. 128/NQ-CP or its production and working activities are reorganized in order to prevent and control the COVID-19, during the period from May 01, 2021 to December 31, 2021, shall be supported when the following regulations are fully satisfied:

1. He/she is participating in compulsory social insurance (included on the list of compulsory social insurance participants of the social insurance agency) in the month of termination or in the month preceding the month in which the employment contract is terminated.

2. Their employment contract is terminated during the period from May 1, 2021 to December 30, 2021 inclusive but they are ineligible for unemployment benefit, except for the following cases:

a) The employee unilaterally terminates the employment contract against the law.

b) The employee is on monthly pension or work-capacity loss allowance.”

11. Amendments to Clause 2 and 4 of Article 23 as follows:

“2. A copy of one of the following papers:

a) The expired employment contract or document certifying that the job under the employment contract has been completed.

b) Decision on resignation acceptance.

c) Notice or agreement on termination of employment contract.

4. In the cases specified in Clause 2 Article 22 hereof, a copy of one of the following papers shall be added: proof of the employee’s pregnancy; Birth Certificate or Certificate of Live Birth; Adoption certificate; a competent agency's Decision to assign or receive alternative care for children.”

12. Amendments to the title of Chapter VII:

“Chapter VII

SUPPORT FOR PEOPLE UNDERGOING COVID-19 TREATMENT, UNDER QUARANTINE; ADDITIONAL SUPPORT FOR CHILDREN, THE ELDERLY AND PEOPLE WITH DISABILITY”

13. Amendments to Article 25:

Article 25. Eligible entities

Children (under 16 years of age as prescribed in the Children Law); the elderly and people with disability prescribed in Clauses 5 and 6 Article 5 of the Government’s Decree No. 20/2021/ND-CP dated March 15, 2021 on policies to support for entities in the social protection (hereinafter referred to as “the elderly and people with disability”) and people undergoing COVID-19 treatment (F0 individuals) or people under quarantine for COVID- 19 prevention and control (F1 individuals) under a decision of a competent authority.

14. Amendments to Clause 3 of Article 26:

“3. As for children, the elderly and people with disability undergoing COVID-19 treatment or under quarantine:

a) An extra lump-sum amount of VND 1.000.000 will be given to each person.

b) The state budget shall cover the costs uncovered by the health insurance and healthcare costs for children without health insurance cards.”

15. Amendments to Clauses 1, 2 and 4 of Article 27:

“1. An application for support for F0 individuals undergoing treatment at health facilities includes:

a) A list of the F0 individuals eligible for the support policy, using Form No. 8a issued herewith.

b) Hospital discharge certificate or death certificate or written confirmation of the health facility.

 c) A copy of one of the following papers: Certificate of Live Birth, Birth Certificate, passport, identity card, citizen identity card, health insurance card, written confirmation of disability. In case of loss or failure to bring the above documents, it will be replaced with a written commitment to be responsible for the information of the F0 individuals, the parents or the carers of the children sent to the health facility.

2. An application for support for F1 individuals under quarantine at quarantine facility includes:

a) A list of the F1 individuals eligible for the support policy, using Form No. 8a issued herewith.

b) Decision on quarantine of the competent authority

c) A copy of one of the following: Certificate of Live Birth, Birth Certificate, passport, identity card, citizen identity card, health insurance card, written confirmation of disability. In case of loss or failure to bring the above documents, it will be replaced with a written commitment to be responsible for the information of the F1 individuals, the parents or the carers of the children sent to the quarantine facility.

4. An application for support for F1 individuals discharged from the quarantine facility before the effective date of this Decision, F1 individuals under quarantine at home, F0 individuals undergoing treatment at home includes:

a) A document of the People’s Committee of district or commune or health facility on quarantine at quarantine facility, at home or treatment at home.

b) A confirmation for the F1 individuals discharged from the quarantine facility before the effective date of this Decision or for the F1 individuals under quarantine at home, a confirmation for the F0 individuals completed the treatment at home or for treatment period at home of the F0 individuals:

c) A copy of one of the following papers: Certificate of Live Birth, Birth Certificate, passport, identity card, citizen identity card, health insurance card, written confirmation of disability.

d) Bill or receipt of payment for meals at the quarantine facility for the F1 individuals discharged from the quarantine facility before the effective date of this Decision.”

16. Amendments to Point b Clause 5 of Article 27:

“b) As for F0 individuals who have finished treatment and F1 individuals discharged from the quarantine facility before the effective date of this Decision, F1 individuals who have completed the quarantine at home and F0 individuals who have finished treatment at home: Parents or legal guardians of children, the elderly, people with disability, F0 individuals, F1 individuals shall send applications prescribed in Clauses 3 and 4 of this Article to the People's Committee of commune where they reside. The deadline for application submission is January 31, 2022.

Before the 5th and 20th of every month, the People's Committee of the commune shall consolidate and make lists (Forms 8a and 8b in the Appendix hereto) of F0 individuals and F1 individuals eligible for the support policy and send them to the People's Committee of the district.

Within 2 working days, the People's Committee of the district shall send a consolidated list to the President of the People's Committee of the province.”

17. Amendments to Clause 6 of Article 27:

“6. Health facilities, quarantine facilities, the People’s Committees of communes shall give full supports to F0 individuals, F1 individuals, children, the elderly, people with disability undergoing treatment, under quarantine or treatment at home according to the list approved by the People's Committee of province (Form 8c in the Appendix hereto).”

18. Amendments to Clause 2 of Article 33:

“2. A copy of one of the following as for international or domestic tour guide:

a) The employment contract with a tour operator or a tourist guide service provider, effective from January 1, 2020 to the date of application submission.

b) The membership card of the tour guide socio-professional organization.”

19. Amendments to Article 35:

“Article 35. Eligible entities and eligibility requirements for household businesses which have been granted business registration and have been entered in the tax authority’s register

A household business will be given a financial support if it meets all eligibility requirements below:

1. It has been granted business registration and has been entered in the tax authority’s register.

2. It has to be suspended for at least 15 consecutive days by order of the state competent authority to prevent and control Covid-19 or due to it is located in the area where anti-covid measures are being implemented according to Directive No. 16/CT-TTg or it is subject to prohibition/suspension according to Decision No 128/NQ-CP during the period from May 1, 2021 to December 31, 2021.”

20. Amendments to Article 37:

“Article 37. Application and procedures for household businesses which have been granted business registration and have been entered in the tax authority’s register

1. The household business shall send an application using form No. 11 in the Appendix hereto to the People’s Committee of the commune where the place of business is located. The deadline for application submission is January 31, 2022.

2. Within 3 working days, the People’s Committee of the commune shall certify the business suspension of the household business; post it up; consolidate and send a report to the Sub-department of Taxation.

3. Within 2 working days, the Sub-department of Taxation shall take charge and cooperate with relevant agencies in verifying and sending it to the People Committee of district for consolidation.

4. Within 2 working days, the People's Committee of the district shall review, consolidate, and submit the list to the People's Committee of province.

5. Within 2 working days, the People’s Committee of the province shall issue a decision on approval for the list and amounts of financial supports; and direct the financial supports. If the application is rejected, the People's Committee of the province shall provide explanation in writing.

21. Addition of Article 37a after Article 37:

“Article 37a. Support for household businesses in agriculture, forestry, fishery, salt production and street vendors, merchant trade, mobile businesses, seasonal businesses, low-income services for which household business registration is not mandatory

Pursuant to Article 3 of Government’s Decree No. 39/2007/ND-CP dated March 03, 2007 on independent and regular businesses for which business registration is not mandatory, Article 79 of the Government’s Decree No. 01/2021/ND-CP dated January 4, 2021 on enterprise registration and the specific situation and conditions of localities, provinces and central-affiliated cities, criteria for determining entities operating in the locality under their management, supporting documents and procedures shall be stipulated on the basis of ensuring the following principles:

1. It has to be suspended for at least 15 consecutive days by order of the competent state agency for the prevention and control of the COVID-19 or it is located in the area where anti-covid measures are being implemented according to Directive No. 16/CT-TTg or it is subject to prohibition/suspension according to Decision No 128/NQ-CP during the period from May 1, 2021 to December 31, 2021.

2. A lump-sum amount of VND 3.000.000 will be given to each household business.

3. It is not applied to household businesses that have been specified by localities as eligible for support according to Point 12 Section II of the Government's Resolution No. 68/NQ-CP dated July 1, 2021."

22. Amendments to Article 38:

“Article 38. Loan eligibility requirements

1. An employer is entitled to borrow a loan to pay furlough wages if their employees who are participating in compulsory social insurance until the month preceding the month in which the employees are furloughed and they have been put on furlough for at least 15 consecutive days as prescribed in Clause 3 Article 99 of the Labor Code from May 1, 2021 to the end of March 31, 2022.

2. An employer is entitled to borrow a loan to pay wages for production recovery if it meets all eligibility requirements below:

a) In case the employer’s operation is completely or partially suspended at the request of a competent state agency for the prevention and control of the COVID-19 or the employer’s head office, branch, representative office or production and business location is located in the area where anti-covid measures are being implemented according to Directive No. 16/CT-TTg or is subject to prohibition/suspension/restrictions/conditions according to the Government’s Resolution No. 128/NQ-CP during the period from May 01,2021 to March 31, 2022:

- Its employees are working under employment contracts and still participating in compulsory social insurances by the time of applying for the loan.

- It has a production/business recovery plan in case of suspension.

b) In case the employer is operating in the field of transportation, aviation, tourism, accommodation services, Vietnamese guest worker program:

- Its employees are participating in compulsory social insurance by the time of applying for the loan.

- It has a production/business recovery plan.”

23. Amendments to Points c and dd Clause 1 of Article 40:

“c) A copy of one of the following: Certificate of business registration/Certificate of registration of cooperative/household business; establishment decision issued by a competent authority (if any);

A copy of the business license/operation license/practice certificate (for conditional business lines) or investment license/investment certificate (for enterprises established by foreign investors).

dd) A copy of the document of a competent authority stating that the employer has to completely or partially suspend operation for the prevention and control of the COVID-19 or implement anti-covid measures according to Directive No. 16/CT-TTg or the employer’s operation is subject to prohibition/suspension/restrictions/conditions according to the Government’s Resolution No. 128/NQ-CP during the period from May 01,2021 to March 31, 2022 (for loans to pay wages for production and business recovery).”

Article 2. Amendments to some Forms and annulment of some Articles of Decision No. 23/2021/QD-TTg

1. Forms 02, 07,8b, 8c, 11, 12a, 12b and 12c are amended and Form 02a is added to the Appendix of Decision No. 23/2021/QD-TTg .

2. Clause 1 Article 19 and Point g Clause 1 Article 40 hereof are annulled.

Article 3. Entry into force

1. This Decision comes into force from the day on which it is signed.

2. The provisions of this Decision shall not be applied to people who have received support or are on the lists of eligible entities that have been approved by the competent authority but have not received support in accordance with the Prime Minister's Decision No. 23/2021/QD-TTg dated July 7, 2021 on the implementation of some policies to support employees and employers facing difficulties due to the COVID-19.

3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities, heads of agencies, units and organizations related to support activities for employees and employers facing difficulties due to COVID-19 shall have responsibility for implementation of this Decision./.