Công văn 1457/UBND-KT

To implement Resolution No. 02/2020/NQ-HDND dated March 27, 2020 of the People’s Council of City on prevention and control of Covid-19 pandemic and relevant policies on facilitation of  prevention and control of Covid-19 pandemic;

To support workers affected by Covid-19 pandemic in Ho Chi Minh City;

Considering the proposal of Department of Labor, War Invalids and Social Affairs in Official Dispatch No. 10474/SLDTBXH-LD dated April 15, 2020 adopting policy to support workers affected by Covid-19 pandemic in the city.

The People’s Committee of City initiates a policy to support workers affected by Covid-19 pandemic in the city as follows:

I. Eligible workers and eligible employers:

1. Eligible workers:

Workers who suffer job loss due to Covid-19 pandemic (ineligible for unemployment benefits as prescribed), including teachers, personnel of non-public preschool education institutions, day-care centers in Ho Chi Minh City (hereinafter referred to as “workers”), consisting of:

a) Workers who are subject to suspension of employment contracts as specified in Clause 5, Article 32 of the Labor Code or unpaid leave as specified in Clause 3, Article 116 of the Labor Code.

b) Workers who are subject to termination of employment contract but they are ineligible for unemployment benefits as prescribed.

2. Eligible employers:

a) Enterprises, cooperatives, co-operative groups, household businesses, or individual businesses which are headquartered in Ho Chi Minh City, have hired workers under employment contracts, and have met difficulties in business due to Covid-19.

b) Non-public kindergartens, private and independent senior kindergarten classes which are registered and headquartered in Ho Chi Minh City and have met difficulties due to Covid-19.

The above-mentioned enterprises, cooperatives, co-operative groups, household businesses, or individual businesses, non-public kindergartens, private and independent senior kindergarten classes are hereinafter referred to as “enterprises”.

II. Principles of the policy:

1. Support workers suffering job loss or shortage, having no income, or encountering difficulties due to Covid-19 pandemic; the city, enterprises and society will share responsibilities in helping workers afford their living costs.

2. The financial support shall be granted to eligible workers in a public and transparent manner in order that nobody can self-seek or misuse the policy; the relevant formalities must be quick and simple without any loophole.

3. Promote responsibilities of grassroots administrations, Fatherland Front and unions while overseeing the implementation of the policy.

III. Supporting workers subject to suspension of employment contracts or unpaid leaves:

1. Eligibility requirements:

A worker who is subject to suspension of employment contracts as specified in Clause 5, Article 32 of the Labor Code or unpaid leave as specified in Clause 3, Article 116 of the Labor Code may receive financial support when he/she meets all eligibility requirements below:

- His/her period of suspension of employment contract or unpaid leave is at least 01 consecutive month beginning from April 1, 2020 to June 30, 2020 inclusive; the commencement date of suspension of employment contract or unpaid leave is from February 1, 2020[1] onwards.

- He/she obtains an agreement on suspension of employment contract or unpaid leave due to Covid-19 pandemic.

- He/she has participated in compulsory social insurance before he/she suspends the employment contract or takes unpaid leave.

2. Support amount and eligible duration:

a) Support amount: VND 1,000,000/person/month.

b) Eligible duration: Support will be granted monthly according to their suspension of employment contract or unpaid leave, up to 03 months, from April to June 2020.

3. Formalities:

a) The eligible worker will send an application for support during their suspension of employment contract or unpaid leave to his/her employer.

b) The employer shall make a consolidated list of workers subject to suspension of employment contract or unpaid leave; and then make it public at the enterprise and seek confirmation from the internal trade union (if any) and from the social security agency.

Subject to actual developments of the Covid-19 pandemic and the duration of suspension of employment contract or unpaid leave, the employer shall make a list of workers proposed for support.

c) If the employer is headquartered in an export processing zone, industrial zone, or high-tech park: it will send an application for support to the Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City in person or by post.

If the employer is headquartered outside an export processing zone, industrial zone, or high-tech park: it will send an application for support to the People’s Committee of district where it is headquartered in person or by post.

d) Within 15 business days after receiving a duly complete application, the Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City, or the People’s Committee of district shall verify and consider transferring sufficient financial support as proposed in the approved list.

If the application is declined, the Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City, or the People’s Committee of district shall provide explanation in writing.

4. Methods of support:

a) The Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City will provide financial support for workers in enterprises headquartered in export processing zones, industrial zones, and high-tech parks.

b) The People’s Committees of districts will provide financial support for workers in enterprises headquartered outside export processing zones, industrial zones, and high-tech parks. Direct Division of Education and Training of districts to transfer financial support to the People’s Committees of wards, communes, commune-level towns according to the list of teachers and employees in non-public kindergartens and day-care centers in wards, communes, commune-level towns.

IV. Supporting workers subject to termination of employment contract but ineligible for unemployment benefits:

1. Eligibility requirements:

A worker subject to termination of employment contract may receive financial support when he/she meets all eligibility requirements below:

a) His/her employment contract is terminated in the period from February 1, 2020[2] to June 30, 2020 inclusive, unless he/she unilaterally terminates the employment contract illegally or he/she is on a pension or on monthly work-capacity loss benefit. b) He/she is ineligible for unemployment benefit as prescribed.

2. Amount and eligible duration:

a) Amount: VND 1,000,000/person/month.

b) Eligible duration: Support will be granted monthly according to their job loss due to Covid-19 pandemic, up to 03 months, from April to June 2020.

3. Formalities:

a) An eligible worker will send an application for support to the Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City, or the People’s Committee of district (where his/her enterprise is headquartered) in person or by post.

b) Within 05 business days after receiving a duly complete application, the Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City, or the People’s Committee of district shall verify and consider transferring sufficient financial support.

V. Responsibilities:

1. Department of Labor, War Invalids and Social Affairs:

Provide guidelines for application and forms as provided in Clause 3 Section III and Clause 3 Section IV of this Official Dispatch.

Receive and gather difficulties arising during the implementation of policy (related to the labor field) for further instructions. Report the People’s Committee of City cases beyond its authority for further actions.

Send a final report on the financial support to workers affected by Covid-19 pandemic under Resolution No. 02/2020/NQ-HDND of the People’s Council of City to the People’s Committee of City.

2. Department of Finance:

Instruct the Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City, or the People’s Committee of district to make and appraise budget estimates and then request the People’s Committee of City to allocate estimates to relevant units as prescribed.

Receive and gather difficulties arising during the implementation of policy (related to the finance field) for further instructions. Report the People’s Committee of City cases beyond its authority for further actions.

Send a final report on the financial support to workers affected by Covid-19 pandemic under Resolution No. 02/2020/NQ-HDND of the People’s Council of City to the People’s Committee of City.

3. Department of Education and Training:

Direct Division of Education and Training of districts to review, make statistics and confirm the list of teachers and employees in non-public kindergartens and day-care centers in wards, communes, commune-level towns in order to advise  the People’s Committees of wards, communes, commune-level towns according to provide financial support to eligible entities.

4. Confederation of Labor of City:

Raise awareness of trade unionists and workers about this support policy of the city for proper implementation.

Guide and supervise internal trade unions and employers in confirming lists of eligible workers proposed for financial support.

Direct Trade Unions of Export Processing Zones, Industrial Zone of City or Confederation of Labor of districts to cooperate with the Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City, or the People’s Committee of district to appraise and decide financial support for workers.

5. Social Insurance of City:

Provide guidelines and confirm the list of workers prescribed in Point 3 Clause 3 Section III of this Official Dispatch.

Direct Social Insurance of district to cooperate with the Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City, or the People’s Committee of district to appraise and decide financial support for workers.

6. The Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City, or the People’s Committee of district:

Guide, receive and process applications for support of workers meeting difficulties due to Covid-19 pandemic with eligible entities and eligible duration.

Send estimates related to financial supports for workers to the Department of Finance for approval, provide financial supports for workers and make final statements of these expenditures as per the law.

Cooperate with the Management Board of Export Processing Zone, Industrial Zone of City or the Management Board of High-Tech Park of City, or the People’s Committee of district in verifying applications of enterprises headquartered in the city/district but their manufacturers are based in export processing zones, industrial zones (establish connection between the lists of eligible workers to avoid duplication).

Send final report to Department of Labor, War Invalids and Social Affairs for reporting to the People’s Committee of City.

7. Fatherland Front and unions in city: Direct the system of Fatherland Front and membership organizations from the city to district level and commune level to raise awareness on and closely supervise the implementation of this support policy under Resolution No. 02/2020/NQ-HDND of People’s Council of City in a public, transparent, democratic, and conformable to the policy.

8. Office of the People’s Committee of City:

Expedite Departments, agencies, People’s Committees of districts to promptly undertake tasks assigned to support and share difficulties with workers due to Covid-19 pandemic.

Send final report to the Standing board of Communist Party of City, the Standing board of People’s Council of City, based on proposal of Department of Labor, War Invalids and Social Affairs and the Department of Finance.

The People’s Committee of City requests relevant Departments, agencies to implement this policy without delay./.

1 The date on which the Prime Minister issues the Decision No. 137/QD-TTg dated February 1, 2020 on announcement of the outbreak of severe acute respiratory syndrome caused by new strain of coronavirus

2 The date on which the Prime Minister issues the Decision No. 137/QD-TTg dated February 1, 2020 on announcement of the outbreak of severe acute respiratory syndrome caused by new strain of coronavirus