Công văn 3068/BHXH-CSXH

Implementing Resolution No. 03/2021/NQ/UBTVQH15 dated September 24, 2021 of Standing Committee of National Assembly, Resolution No. 116/NQ-CP dated September 24, 2021 of the Government, and Decision NO. 28/2021/QD-TTg dated October 1, 2021 of the Prime Minister, Vietnam Social Security requests affiliated entities and social insurance authorities of provinces and cities to:

A. POLICIES

- Procedures for implementing policies must be convenient and simple with implementation period shortened as much as possible to allow the workers to receive financing, employers to receive reduction to monthly contribution. Use available information technology platform of Vietnam Social Security in identifying beneficiaries and enterprises linked with data on contribution to social insurance.

- Exercise roles and responsibilities, implement tasks within competence, decentralization, and professional procedures of the social insurance system. Enhance administrative discipline and attitude for serving the general public and enterprises during implementation of public affairs of public officials and employees in Vietnam Social Security.

B. BEFNEFICIARIES, FINANCING AMOUNT, AND IMPLEMENTATION PERIOD ACCORDING TO DECISION NO. 28/2021/QD-TTg

I. Policies on reducing contribution to social insurance for employers

1. Regulated entities according to Article 4 of Decision No. 28/2021/QD-TTg are employers under Article 43 of Law on Employment participating in social insurance before October 1, 2021, excluding:

1.1. Regulatory authorities, political organizations, socio-political organizations, people’s armed forces.

1.2. Public service providers with recurrent expenditure guaranteed by state budget according to Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government.

1.3. Do not apply to cases where beneficiaries voluntarily waive the financing.

2. Reduce contribution rate according to Clause 1 Article 5 of Decision No. 28/2021/QD-TTg: From 1% to 0% of monthly salary funds of workers participating in social insurance.

3. Implementation period according to Clause 2 Article 5 of Decision No. 28/2021/QD-TTg shall be 12 months from October 1, 2021 to September 30, 2022 inclusively.

II. Worker financing policies

1. Regulated entities according to Article 1 of Decision No. 28/2021/QD-TTg shall be:

1.1. Workers participating in social insurance by September 30, 2021 (whose name is included in lists of social insurance participants of social insurance authority). Excluding:

1.1.1. Workers working in regulatory authorities, political organizations, socio-political organizations, people’s armed forces.

1.2. Workers working in public service providers with recurrent expenditure guaranteed by state budget according to Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government.

1.2. Workers who have ceased to participate in social insurance as a result of terminating employment contracts or working contracts from January 1, 2020 to September 30, 2021 inclusively with period of contributing to social insurance retained according to regulations and law on occupation, excluding beneficiaries of monthly pension.

1.3. Do not apply to cases where beneficiaries voluntarily waive the financing.

2. Financing amount: Lump-sum financing in cash according to Article 2 of Decision No. 28/2021/QD-TTg. Financing amount is based on period in which unemployment insurance is contributed by September 30, 2021 while unemployment benefit has not been calculated.

In case workers have applied for unemployment benefits but have not received decisions on receiving unemployment benefits by September 30, 2021, total period in which workers have contributed to unemployment insurance without receiving shall be total period in which workers have contributed unemployment insurance without receiving by September 30, 2021.

Specific financing:

2.1 Less than 12 months of unemployment insurance contribution: VND 1,800,000/person.

2.2 From 12 months to under 60 months of unemployment insurance contribution: VND 2,100,000/person.

2.3 From 60 months to under 84 months of unemployment insurance contribution: VND 2,400,000/person.

2.4 From 84 months to under 108 months of unemployment insurance contribution: VND 2,650,000/person.

2.5 From 108 months to under 132 months of unemployment insurance contribution: VND 2,900,000/person.

2.6 From 132 months of unemployment insurance contribution: VND 3,300,000/person.

3. Period of implementation:

3.1. Deadline for receiving application:

3.1.1. For employers:

a) Produce lists using Form No. 2 under Decision No. 28/2021/QD-TTg: Within 5 working days from the date on which lists sent by social insurance authority are received

b) Produce lists using Form No. 3 under Decision No. 28/2021/QD-TTg: Before the end of November 10, 2021.

3.1.2. For workers who have ceased to participate in unemployment insurance: Before December 20, 2021.

3.2. Deadline for implementation of social insurance: 5 working days from the date on which sufficient and adequate lists of workers are received. Within 10 days from the date on which lists and documents on revised information of workers are received.

C. DECENTRALIZATION FOR RESOLUTION AND PROCEDURES FOR IMPLEMENTATION

I. Decentralization for resolution

- For entities and workers participating in unemployment insurance: Social insurance authority of districts/provinces.

- For workers participating in unemployment insurance after November 30, 2021 who have not received the benefits and workers who have ceased to participate in unemployment insurance: Social insurance authority of districts/provinces that receive applications.

II. Procedures for reducing contribution to unemployment insurance for employers

1. Departments for receiving applications and returning administrative procedure results

1.1. Instruct public service providers eligible for reduction in contribution to send 1 copy of documents of competent authority allowing classification of financial autonomy according to Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government and applicable regulations on financial autonomy of public service providers to social insurance authority.

1.2. Receive notice using Form No. 01 TB/BHXH attached to this Official Dispatch from Departments for managing revenues, and transfer to entities.

1.3. Receive documents under Point 1.1 Clause 1 Section II Part C from Departments for managing revenues

1.4. Deadline for implementation: After receiving documents.

2. Departments for managing revenues:

2.1. Produce Form No. 01 TB/BHXH attached to this Official Dispatch, transfer to Departments of receiving application and returning administrative procedure results (Benefit Claim and Customer Service Unit) to send to entities and finish before October 5, 2021.

2.2 Receive copies of documents under Point 1.1 Clause 1 Section II Part C from Benefit Claim and Customer Service Unit and rely on data regarding management of unemployment insurance contribution, identify entities eligible for revision of contribution according to Article 4 and Article 5 of Decision No. 28/2021/QD-TTg , revise contribution rate from 1% to 0% of monthly salaries of workers participating in unemployment insurance.

2.3. On a monthly basis, from October 1, 2021 to September 30, 2022 inclusively, adjust contribution rate to 0% of monthly salaries of workers participating in unemployment insurance.

III. Procedures for paying financing for workers

1. Departments for receiving applications and returning administrative procedure results

1.1. Instruct entities to produce and update information in Form No. 2 and Form No. 3 attached to Decision No. 28/2021/QD-TTg ; instruct workers to produce Form No. 4 under Decision No. 28/2021/QD-TTg as per the law, as follows:

1.1.1. Employers

a) For workers who do not change information and period of contributing to unemployment insurance and workers who do not receive financing, produce lists using Form No. 2 attached to Decision No. 28/2021/QD-TTg and send to social security authority online within 5 working days from the date on which lists prepared using Form No. 1 sent by social insurance authority are received (while lists prepared using Form No. 2 can be sent multiple times). In case entities do not trade online, produce physical documents, sign, seal, and send to social insurance authority, send soft copies (in excel format) to email address of social insurance authority.

b) For workers who change information under the lists prepared using Form No. 1 attached to Decision No. 28/2021/QD-TTg , prepare lists using Form No. 3 attached Decision No. 28/2021/QD-TTg with documents according to Article 27 of Decision No. 595/QD-BHXH dated April 14, 2017 of Vietnam Social Security and Clause 31 Article 1 of Decision No. 505/QD-BHXH dated March 27, 2020 of Vietnam Social Security¹, lists can be sent multiple times, signed, sealed, scanned, and sent to social security authority.

Deadline for implementation: Before the end of November 10, 2021.

c) In case workers do not have personal account number, entities shall cooperate with banks in assisting workers in opening personal accounts.

d) After November 30, 2021, workers who have not received financing shall conform to Clause 2 Article 3 of Decision No. 28/2021/QD-TTg.

1.1.2. Workers

a) Workers participating in unemployment insurance: Cross check and fill in information on the lists prepared using Form No. 2 attached to Decision No. 28/2021/QD-TTg ; in case of any discrepancy, provide basis for determining information.

After November 30, 2021, workers who have not received financing shall conform to Clause 2 Article 3 of Decision No. 28/2021/QD-TTg.

b) For workers who have ceased to participate in unemployment insurance: Apply for financing using Form No. 4 attached to Decision No. 28/2021/QD-TTg and send to social insurance authority where applicants reside before the end of December 20, 2021.

c) Receive documents and Form No. 3 (if any) attached to Decision No. 2192/QD BHXH dated December 10, 20219 of Vietnam Social Security (hereinafter referred to as “Decision No. 2192/QD BHXH”), transfer from social insurance authority in case of incorrect information or contribution period compared to data of social insurance authority; complete documents according to Article 27 of Decision No. 595/QD-BHXH dated April 14, 2017 of Vietnam Social Security and Clause 31Article 1 of Decision No. 505/QD-BHXH dated March 27, 2020 of Vietnam Social Security¹_.

1.2. Document receipt:

1.2.1. From entities: lists prepared using Form No. 2 attached to Decision No. 28/2021/QD-TTg to Departments for managing revenues, lists prepared using Form No. 3 attached to Decision No. 28/2021/QD TTg and attached documents to Departments of book and card issue.

1.2.2. From workers: Form No. 4 attached to Decision No. 28/2021/QD-TTg to Departments of book and card issue.

1.2.3. From Department of professional affairs:

a) Department of revenue management: lists prepared using Form No. 1 attached to Decision No. 28/2021/QD-TTg together with Form No. 01-TB/BHXH attached to this Official Dispatch, Form No. 3 attached to Decision No. 2192/QD BHXH (if any).

b) Department of book and card issue: Form No. 3 attached to Decision No. 2192/QD BHXH (if any).

c) Social Insurance Implementation Unit: lists prepared using Form No. 03a/BHXH attached hereto, Form No. 3 attached to Decision No. 2192/QD-BHXH (if any).

d) In case of physical documents, scan and update on software for receiving documents and transfer to Department of professional affairs.

1.3. Transfer to entities: Form No. 01 TB/BHXH attached hereto, lists prepared using Form No. 1 attached to Decision No. 28/2021/QD-TTg , lists prepared using Form No. 03a/BHXH attached hereto, and Form No. 3 attached to Decision No. 2192/QD-BHXH (if any).

1.4. Transfer to workers who have ceased to participate in unemployment insurance: Form No. 3 attached to Decision No. 2192/QD BHXH.

1.5. Deadline for implementation: After receiving documents.

1.6. Methods of implementation

a) Online via: National Public Service Portal, Public Service Portal of Vietnam Social Security or I-VAN service providers, social insurance application (VssID).

b) Postal service.

c) In person at social insurance authority of provinces or districts.

2. Departments of revenue management

2.1. Review and examine data sent by Information Technology Center – Vietnam Social Security, examine and cross check cases of benefiting unemployment benefits according to warning of Information Technology Center.

2.2. Prepare lists using Form No. 1 attached to Decision No. 28/2021/QD-TTg attached to Form No. 01 TB/BHXH attached hereto and transfer to Benefit Claim and Customer Service Unit for submission to entities before October 5, 2021.

2.3. Receive lists using Form No. 2 attached to Decision No. 28/2021/QD-TTg from Benefit Claim and Customer Service Unit, cross check with data under management;

2.3.1. In case of adequate information, produce lists using Form No. 02a/BHXH attached hereto and send to Social Insurance Implementation Unit in 1 working day from the date on which lists prepared using Form No. 2 are received.

2.3.2. In case of inadequate information, prepare lists using Form No. 3 attached to Decision No. 2192/QD BHXH, transfer to Benefit Claim and Customer Service Unit for return to entities within 1 working day from the date on which lists prepared using Form No. 2 under Decision No. 28/2021/QD-TTg transferred by the entities are received.

2.4. Receive lists prepared using Form No. 3 and Form No. 4 attached to Decision No. 28/2021/QD TTg together with documents revising information and period of unemployment insurance contribution approved by directors of social insurance authority of provinces/districts from Department of book and card issue; update on revenue - book and card management software; produce lists using Form No. 02a/BHXH attached hereto, lists using Form No. 02b/BHXH attached hereto and transfer to Social Insurance Implementation Unit within 1 working day from the date on which documents of Department of book and card issue are received.

2.5. Take charge and cooperate with Social Insurance Implementation Unit in dealing with cases where workers have inadequate period of unemployment insurance contribution and have not received unemployment benefits and present to directors of social insurance for approval.

3. Department of book and card issue:

3.1. Receive Form No. 4 attached to Decision No. 28/2021/QD TTg from Benefit Claim and Customer Service Unit, examine and cross check information with management data, in case of adequate information, produce lists using Form No. 02b BHXH attached hereto and transfer to Social Insurance Implementation Unit within 1 working day from the date on which Form No. 4 attached to Decision No. 28/2021/QD TTg is received.

3.2. In case Form No. 4 attached to Decision No. 28/2021/QD-TTg contains inadequate information or inadequate period of unemployment insurance contribution, produce Form No. 3 attached to Decision No. 2192/QD BHXH and transform to Benefit Claim and Customer Service Unit for returning to workers within 1 working day from the date on which Form No. 4 attached to Decision No. 28/2021/QD-TTg is received.

3.3. Receive lists prepared using Form No. 3 and Form No. 4 attached to Decision No. 28/2021/QD-TTg together with documents on revising information on revising period of unemployment insurance contribution as per the law, examine and cross check information with management data; in case of adequate information, request directors of social insurance authority of provinces and districts to approve; transfer to Department of revenue management within 5 working days from the date on which lists prepared using Form No. 3 and Form No.4 attached to Decision No. 28/2021/QD-TTg are received.

3.4. Take charge and cooperate with Social Insurance Implementation Unit in dealing with cases where workers have inadequate period of unemployment insurance contribution and have not received unemployment benefits and present to directors of social insurance for approval.

3.5. Revise, issue, and change social insurance record for workers as per the law for cases of revising information on social insurance record.

4. Social Insurance Implementation Unit

4.1. Receive lists prepared using Form No. 02a/BHXH and lists prepared using Form No. 02b/BHXH attached hereto from Department of revenue management; lists prepared using Form No. 02b/BHXH attached hereto from Department of book and card issue; update on police management software, examine, and cross check with data on receiving pension and financing according to Decision No. 28/2021/QD-TTg

4.2. Approve and produce lists of workers participating in unemployment insurance and receiving financing using Form No. 03a/BHXH attached hereto, lists of workers ceasing to participate in unemployment insurance and receiving financing using Form No. 03b/BHXH attached hereto in correct payment form and request directors of social insurance of districts/provinces to approve and transfer to Department of Financial and Planning.

4.3. Transfer the lists using Form No. 03a/BHXH attached hereto to Benefit Claim and Customer Service Unit.

4.4. In case workers are not eligible for financing, produce Form No. 3 attached to Decision No. 2192/QD BHXH and transfer to Benefit Claim and Customer Service Unit for returning to workers.

4.5. Implementation period: 1 working day.

4.6. Cooperate with Department of revenue management, book - card issue in dealing with cases where workers have inadequate period of unemployment insurance contribution and have received unemployment benefit.

5. Department of Financial – Planning

5.1. Receive lists prepared using Form No. 03a/BHXH attached hereto, and Form No. 03b/BHXH attached hereto from Social Insurance Implementation Unit and pay for workers.

For workers receiving via personal accounts: cooperate with financial institutions in cross-checking information and account number, if adequate, transfer money to accounts of workers before the end of the next working day.

5.2. In case information on accounts of workers is inaccurate, inform workers and receive revised information of workers, and update the correct information.

5.3. Statement of financing funding

a) Social insurance authority of districts: Consolidate figures to be paid, realistically paid, remaining to be paid for “Financing workers participating in unemployment insurance according to Decision No. 28/2021/QD TTg” eligibility in reports: Form No. 4 CBH (Reports on expenditure on social insurance, unemployment insurance section) under Decision No. 166/QD-BHXH dated January 31, 2019 of General Directors of Vietnam Social Security regarding issuance of procedures for processing social insurance policies, and paying for social insurance and unemployment insurance; Form No. B08a-BH (Reports on funding situations and settlement of expenditure on social insurance and unemployment insurance) under Circular No. 102/2018/TT BTC dated November 14, 2018 of Ministry of Finance.

b) Social insurance authority of provinces: Settle according to periodic settlement policies for social insurance authority of districts as soon as entities provide adequate documents and adhere to applicable laws. Produce reports on consolidated financing for workers participating in unemployment insurance using Form No. 4-CBH attached to Decision No. 166/QD BHXH under management of social insurance authority of provinces and rely on reports prepared using Form No. 4-CBH attached to Decision No. 166/QD BHXH sent by Department of Financial – Planning to consolidate and transfer to Department of social insurance policy.

D. ORGANIZATION FOR IMPLEMENTATION

I. Entities affiliated to Vietnam Social Security

1. Social Insurance Implementation Department

1.1. Take charge and cooperate with relevant entities in expediting, guiding, and examining implementation. Cooperate with Information Technology Center in implementing and adjusting relevant professional software to guarantee implementation as per the law.

1.2. Develop estimates of number of beneficiaries and average financing amount of social insurance authority of provinces and cities, and transfer to Department of Finance and Accounting.

1.3. On a daily basis, consolidate implementation results according to forms attached hereto, including: Form No. 04c/BHXH, Form No. 05c/BHXH, and Form No. 06/BHXH.

1.4. Before the 25^th of each month, consolidate and submit reports on implementation results of Resolution No. 116/NQ-CP and Decision No. 28/2021/QD-TTg to Ministry of Labor – War Invalids and Social Affairs.

1.5. Consolidate reports on difficulties of social insurance authority of provinces and cities during implementation, cooperate with professional entities, propose, and provide timely guidelines.

1.6. Take charge in dealing with difficulties, complaints, and issues in resolving financing policies.

2. Department of Insurance Book – Card, Benefit Management

2.1. Expedite and provide guidelines on organizing reduction of contribution to unemployment insurance fund.

2.2. Take charge in consolidating and providing guidelines on identifying beneficiaries, period of contributing to unemployment insurance without receiving unemployment benefit to serve as the basis for calculating financing for workers.

2.3. Before 5.30 p.m. each day, consolidate implementation results by functions and tasks according to forms attached hereto, including: Form No. 07c/BHXH and Form No. 08c/BHXH, send to Social Insurance Implementation Department

2.4. Cooperate with Information Technology Center in directing social insurance authority of provinces and cities in reviewing data of workers; adjust relevant professional software to guarantee implementation as per the law.

2.5. Cooperate with Social Insurance Implementation Department in consolidating number of beneficiaries of social insurance authority of provinces and cities and average financing to serve as the basis for developing financing estimates.

2.6. Take charge in directing and providing guidelines on dealing with difficulties and complaints regarding reduction of contribution to unemployment insurance fund, identification of beneficiaries and period of receiving financing for workers.

3. Department of Finance and Accounting

3.1. Develop estimates on financing workers from unemployment insurance fund according to Decision No. 28/2021/QD-TTg and present plans for advancing financing for social insurance authority of provinces and cities to heads of the sector.

3.2. Consolidate and submit reports to Ministry of Finance to revise estimates for unemployment insurance for worker financing policy.

3.3. Provide guidelines on clearance and settlement.

3.4. Cooperate with Information Technology Center in implementing and adjusting relevant professional software to guarantee implementation as per the law.

3.5. Before 5.30 p.m. of each day, consolidate and submit reports prepared using Form No. 09c/BHXH attached hereto to Social Insurance Implementation Department.

3.6. Take charge in dealing with difficulties and complaints regarding financing workers.

4. Information Technology Center:

4.1. Rely on regulations of the policies and guidelines under this document to revise, adjust, and develop relevant professional software to implement financing policies according to Decision No. 28/2021/QD-TTg and management, consolidation, statistical, reporting affairs.

4.2. Cooperate with Department of Insurance Book – Card, Benefit Management in reviewing data of workers and transferring to social insurance authority of provinces and cities as the basis for implementation.

4.3. Take charge and cooperate with entities in promptly assisting social insurance authority of provinces and cities in dealing with difficulties in professional software during implementation.

5. Social insurance Communication and Journal Center

Promptly and adequately communicate about implementation of worker and entity financing policy from unemployment insurance fund via mass media.

6. Customer service and support center

Receive and promptly advise, provide guidelines, and deal with difficulties of workers and entities.

7. Department of Personnel and Organization; Department of Commendation – Emulation

Take charge and cooperate with Social Insurance Implementation Department and relevant entities in assessing implementation, proposing commendations for individuals with merits; review responsibilities and propose disciplinary actions for individuals committing violations during implementation.

8. Other entities affiliated to Vietnam Social Insurance: Implement relevant affairs within functions and tasks.

II. Social insurance authority of provinces and cities

1. Establish Steering Committee for implementation of Resolution No. 116/NQ-CP of the Government and Decision No. 28/2021/QD-TTg of Prime Minister with the director acting as Director of the Steering Committee.

2. Inform beneficiaries according to Decision No. 28/2021/QD-TTg ; publicize lists of workers eligible for financing on website; clarify responsibilities of entities; rights to receive and waive financing of entities and workers.

3. Assume responsibilities for identifying beneficiaries and period of contributing to unemployment insurance without receiving unemployment benefit of workers.

4. Communicate regarding financing policies according to Decision No. 28/2021/QD-TTg on mass media.

5. Develop estimates for financing workers participating in unemployment insurance and send to Vietnam Social Security (Department of Finance and Accounting) before October 15, 2021.

6. Review and cross check data under management of social insurance authority of provinces with data transferred to by Information Technology Center to produce lists of beneficiary workers.

7. Instruct entities to produce Form No. 2 and Form No. 3 attached to Decision No. 28/2021/QD-TTg ; workers who have ceased to participate in unemployment insurance shall produce Form No. 4 attached to Decision No. 28/2021/QD-TTg and send to social insurance authority.

8. Resolve and settle financing policies for workers in a timely, public, and transparent manner. Do not create any procedures or exceed deadline under Decision No. 28/2021/QD-TTg and guidelines of Vietnam Social Security under this document

9. Receive and promptly deal with difficulties and complaints of entities and workers during implementation.

10. Submit reports on resolution and financing results according to Decision No. 28/2021/QD-TTg to Vietnam Social Security:

10.1. Before October 15, 2021: Form No. 10/BHXH attached hereto (Department of Insurance Book – Card, Benefit Management).

10.2. Before 5 p.m. each day, send to:

Form No. 04b/BHXH and Form No. 05b/BHXH (via Social Insurance Implementation Department).

Form No. 07b/BHXH and Form No. 08b/BHXH (via Department of Insurance Book – Card, Benefit Management).

Form No. 09b/BHXH (via Department of Finance and Accounting).

11. Assume responsibilities for implementing financing policies.

III. Social Insurance of Ministry of National Defense and Social Insurance of People’s Public Security

1. Elaborate specific procedures for implementing financing policies depending on specific conditions.

2. Develop estimates on financing workers participating in unemployment insurance and send to Vietnam Social Security.

3. Before the 23^rd of each month, consolidate figures on reduction of contribution to unemployment insurance and financing policies for workers and send to Vietnam Social Security (via Social Insurance Implementation Department).

Heads of entities affiliated to Vietnam Social Security, directors of social insurance authority of provinces and central-affiliated cities, within their tasks and functions, shall organize strict implementation and assume responsibilities to General Director for implementation of Resolution No. 116/NQ-CP , Decision No. 28/2021/QD-TTg , and this Official Dispatch. Difficulties that arise during the implementation should be reported to Vietnam Social Security./.

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^[1] Specified under Article 27 of Joint Document No. 2089/VBHN BHXH dated June 26, 2020 of Vietnam Social Security