Công văn 3138/BHXH-CSXH

To: Ministry of Labor - War Invalids and Social Affairs

Implementation of Resolution No. 116/2021/NQ-CP dated September 24, 2021 of the Government and Decision No. 28/2021/QD-TTg dated October 1, 2021 of the Prime Minister has been met with difficulties. Vietnam Social Security reports as follows:

Under Clause 1 Article 1of Decision No. 28/2021/QD-TTg , one of the requirements for identifying beneficiaries is: “Workers participating in unemployment insurance by September 30, 2021 (whose name is included in the list of unemployment insurance participants of social insurance authority).”

When identifying financing beneficiaries and cross-checking with Article 11 of Decree No. 28/2015/ND-CP dated March 12, 20215 of the Government, social insurance authorities lack the definite basis for application in case of:  

- Workers taking maternity leave or sick leave for 14 days or more, not receiving monthly salaries, and receiving social insurance.

- Workers suspending working contract or employment contract signed as per the law.

- Workers taking temporary leave without receiving salaries.

- Workers unilaterally terminating working contracts/employment contracts against the law (on workers’ volition).

By September 30, 2021, the individuals above do not contribute to unemployment insurance but are not removed from the “list of unemployment insurance” of the employers either while they do have periods of contributing to unemployment insurance retained according to regulations and law on employment similar to beneficiaries of financing policies under Clause 2 Article 1 of Decision No. 28/2021/QD-TTg.  

Due to the fact that documents of agencies presented to competent authorities do not mention cases where periods of contributing to unemployment insurance are retained as mentioned above. Thus, Resolution of the Government and Decision of the Prime Minister do not elaborate in this regard.

Pursuant to Clause 1 Article 6 of Decision No. 28/QD-TTg , Vietnam Social Security hereby requests Ministry of Labor - War Invalids and Social Affairs to immediately research and provide guidelines for beneficiaries having periods of contributing to unemployment insurance retained during the period from January 1, 2020 (the date on which COVID-19 starts to affect Vietnam) to September 30, 2021 without being named under the list of unemployment insurance beneficiaries dated September 30, 2021 to serve as the basis for implementation of Vietnam Social Security.   

For the time being, Vietnam Social Security shall receive application and settle financing at earliest convenience for regulated individuals while rejecting applications of the beneficiaries mentioned above until further guidelines are developed. 

With gratitude./.