Công văn 3818/BHXH-CSXH

To: Social security agencies of provinces and centrally affiliated cities
(hereinafter referred to as provincial SSAs)

Pursuant to Resolution No. 126/NQ-CP dated October 8, 2021 of the Government on amendments to Resolution No. 68/NQ-CP of July 1, 2021 on certain policies to support employees and employers in difficulty due to the Covid-19 pandemic; Decision No. 33/2021/QD-TTg dated November 6, 2021 of the Prime Minister on the implementation of certain policies to support employees and employers in difficulty due to the Covid-19 pandemic and reports of certain provincial SSAs in implementing Decision No. 28/2021/QD-TTg of the Prime Minister in practice, the Vietnam Social Security (VSS) provides additional guidance on the following matters:

A. Initiation of policies to support employees and employers in difficulty due to the Covid pandemic under Resolution No. 68/NQ-CP dated July 1, 2021 and Resolution No. 126/NQ-CP dated October 8, 2021 of the Government

Confirm the list of potential employees eligible for job retention training programs and make the list of official employees eligible for job retention training programs and fully update these lists on the system of practice software.  In case there are problems in updating the lists of potential employees and official employees eligible for job retention training programs that are confirmed and prepared before the practice software has been completed, these problems should be immediately reported to VSS (via the Information Technology Center) for timely assistance.

B. Initiation of policies to support employees and employers in difficulty due to the Covid pandemic under Resolution No. 116/NQ-CP dated September 24, 2021 of the Government

I. Receipt of forms

According to Point b, Clause 1, Article 3 of Decision No. 28/2021/QD-TTg, the deadline for the employer to submit the list of eligible employees is the end of November 10, 2021. For employers that are subject to consultation with the Ministry of Labor, War Invalids and Social Affairs in Official Dispatch No. 3750/BHXH-CSXH dated November 19, 2021 of the VSS, their applications shall be received and processed after receiving guidance from the Ministry of Labor, War Invalids and Social Affairs.

II. Settlement, adjustment to financial aid amounts, cancellation of financial aid

1. The financial aid shall be provided based on the time of unemployment insurance contribution which is reserved for calculation of financial aid amount (hereinafter referred to as reserved UI contribution time) and this time shall match with the time in the software data.0}

2. Rules for adjustment to the reserved UI contribution time due to confirmation of additional UI contribution time and combination of social insurance books.

a) For employees who received unemployment benefits

- An employee has claimed an unemployment benefit with an UI contribution time of 36 months and more. His/her additional UI contribution time confirmed by the SSA shall be accumulated as the basis for calculation of financial aid amount if he/she meets full conditions as prescribed.

Example 1: Mr. Nguyen Van P’s UI contribution time is 42 months. He has claimed an unemployment benefit for 3 months. In addition, the remaining UI contribution time of 6 months has been reserved. After the unemployment benefit ends, the SSA confirms that Mr. P has additional UI contribution time of 8 months, thus, Mr’s UI contribution time as the basis for calculation of financial aid amount is 14 months.

- An employee has claimed an unemployment benefit with an UI contribution time of less than 36 months. The additional UI contribution time confirmed by the SSA shall be accumulated as the basis for calculation of financial aid amount if he/she meets full conditions as prescribed.

Number of UI contribution months as the basis for calculation of financial aid amount = (number of UI contribution months for which the unemployment benefit has been claimed + number of additional UI contribution months confirmed) - (number of UI contribution months for which the unemployment benefit has been paid + number of UI contribution months corresponding to number of months for which the unemployment benefit has been suspended). In which, 1 month for which the unemployment benefit has been paid or 1 month for which the unemployment benefit has been suspended corresponds to 12 months of UI contribution.

In case the UI contribution time is not reserved due to a breach of requirement pertaining to job seeking declaration as prescribed in Decree No. 61/2020/ND-CP, the time for which a provisional financial aid amount is calculated = (number of UI contribution months for which the unemployment benefit has been claimed + number of additional UI contribution months confirmed) - 36 months.

Example 2: Mr. Nguyen Van Q’s UI contribution time is 13 months. He has claimed an unemployment benefit for 3 months and he has received full 3 months of unemployment benefit.  After the unemployment benefit ends, the SSA confirms that Mr. Q has additional UI contribution time of 7 months. Thus, Mr. Nguyen Van Q’s accumulated UI contribution time is 20 months. He has claimed an unemployment benefit for 3 months equivalent to 36 UI contribution months. Therefore, Mr. Q's UI contribution months as the basis for calculation of financial aid amount is 0 month.

Example 3: Mr. Nguyen Van R’s UI contribution time is 25 months. He has claimed an unemployment benefit for 3 months and he has received full 3 months of unemployment benefit.  After the unemployment benefit ends, the SSA confirms that Mr. R has additional UI contribution time of 15 months. Thus, Mr. Nguyen Van Q’s accumulated UI contribution time is 40 months. He has claimed an unemployment benefit for 3 months equivalent to 36 UI contribution months. Therefore, Mr. Q's UI contribution months as the basis for calculation of financial aid amount is 4 months.

Example 4: Mr. Nguyen Van S’s UI contribution time is 16 months, so he is eligible for 3 months of unemployment benefit. He received 1 month of unemployment benefit before having a new job. Hence, his unemployment benefit ends and 4 remaining UI contribution months are reserved. After the unemployment benefit ends, the SSA confirms that Mr. R has additional UI contribution time of 12 months. Thus, Mr. S's UI contribution months as the basis for calculation of financial aid amount is 16 months.

Example 5: Mr. Nguyen Van T’s UI contribution time is 16 months, so he is eligible for 3 months of unemployment benefit.  He received 2 months of unemployment benefit before having a new job. Hence, his unemployment benefit ends and no remaining UI contribution month is reserved. After the unemployment benefit ends, the SSA confirms that Mr. T has additional UI contribution time of 12 months. Thus, Mr. T’s accumulated UI contribution time is 28 months. He has claimed an unemployment benefit for 2 months equivalent to 24 UI contribution months. Therefore, Mr. T's UI contribution months as the basis for calculation of financial aid amount is 4 months.

Example 6: Ms. Bui Thi V’s UI contribution time is 29 months, so she is eligible for 3 months of unemployment benefit.  Ms. V has received the unemployment benefit in the first and third month; her unemployment benefit in the second month has been suspended since she breached the requirement pertaining to job seeking declaration as prescribed. After the unemployment benefit ends, the SSA confirms that Mr. V has additional UI contribution time of 8 months. Thus, Ms. V’s accumulated UI contribution time is 37 months. She has claimed an unemployment benefit for 3 months (including paid and suspended unemployment benefit) equivalent to 36 UI contribution months. Therefore, Ms. V's UI contribution months as the basis for calculation of financial aid amount is 1 month.

b) For employees who has been receiving unemployment benefits

On September 30, 2021, if an employment has additional UI contribution time confirmed by the SSA while he/she has been receiving unemployment benefit, his/her UI contribution time as the basis for calculation of financial aid amount shall be adjusted before receipt such a financial aid from UI fund under Resolution No. 116/NQ-CP.

3. Adjustment to financial aid amounts, cancellation of financial aid

Upon occurrence of adjustment to the financial aid amount or cancellation of financial aid while such a financial aid has been provided, the data on the system and SI book shall be adjusted; the adjustment shall be made as follows based on the database and the SI book:

3.1. The Department/Division of Issuance of Books and Cards shall adjust information about the reserved UI contribution time stated in the SI book and forward the information to the Department/Division of Collection Management to update it into the software about collection management, books and cards; make a list of adjustments using Form 02a/BHXH, Form 02b/BHXH and forward it to the Department/Division of Social Insurance Benefits.

3.2. The Department/Division of Social Insurance Benefits shall receive Form 02a/BHXH, Form 02b/BHXH updated on the system. In case the financial aid amount is adjusted, prepare Form No. 03a/BHXH, Form 03b/BHXH and present it to the Director of Social Security of district/province for approval and then forward it to the Department/Division of Planning and Finance, send Form No. 03a/BHXH to the division of application receipt and reporting result of administrative procedures to send the processing result to the employer, and send the revocation notice (Form 12/BHXH) to the employee.

3.3. Department/Division of Planning and Finance

Pursuant to Form 03a/BHXH, Form 03b/BHXH, make an extra payment of the difference amount based on the adjustment to the financial aid amount as prescribed in the Official Dispatch No. 3068/BHXH-CSXH and Section III of this Official Dispatch in case of increase in the financial aid amount; or retrieve the amount to the UI fund in case of decrease in the financial aid amount or cancellation of financial aid.

III. Provision of financial aid

Provision of financial aid with respect to employers having plenty of employees living in remote areas who face difficulty in opening personal bank accounts. According to the human resource capacity of each province, the provincial SSA shall provide the employees with financial aid in cash at the SSA office or at the employer’s office as guided in the Official Dispatch No. 3068/BHXH-CSXH dated October 1, 2021 of VSS.

IV. Employees’ change in receipt/waiver of financial aid

1. Change from voluntary waiver of financial aid to claim for financial aid

If an employee who waived the financial aid in a determined list changes his/her mind and wishes to claim the financial aid, he/she may fill in the Form No. 04 issued together with Decision No. 28/2021/QD-TTg and file it with the SSA for settlement and payment as guided in the Official Dispatch No. 3068/BHXH-CSXH.

Deadline for submission of the claim: December 20, 2021.

2. Change from claim for financial aid to voluntary waiver of financial aid

2.1. Division of application receipt and reporting result

a) Guidance for employees and employers:

For employees who have been made UI contribution, the employer shall make a separate list of these employees using Form No. 02 issued together with Decision No. 28/2021/QD-TTg and state in the “ghi chú” (notes) column the following: “đã đề nghị hưởng hỗ trợ nay đề nghị tự nguyện không nhận hỗ trợ” (change from claim for financial aid to waiver of financial aid) and return the SAA the waived financial aid amount (if paid).

For an employee who has stopped making UI contribution, if he/she submitted a claim for financial aid using Form No. 04 issued together with Decision No. 28/2021/QD-TTg and now wishes to waive such financial aid, then he/she shall submit a request for waiver of financial aid and return the paid financial aid amount (if any) to the SAA.

b) Forward the list Form No. 02 to the Department/Division of Collection Management and the requests for waiver of financial aid as above to the Department/Division of Issuance of Books and Cards.

2.2. Department/Division of Collection Management and the Department/Division of Issuance of Books and Cards

- If the Department/Division of Collection Management and the Department/Division of Issuance of Books and Cards have not made lists Form No. 02a/BHXH and Form No. 02b/BHXH, they shall update employees who waive financial aid to the database.

- If the data has been reviewed and the lists Form No. 02a/BHXH and Form No. 02b/BHXH have been made, forward requests for waiver of financial aid and the separate list Form No. 02 made by the employer to the Department/Division of Social Insurance Benefits.

2.3. Department/Division of Social Insurance Benefits

- If the claim has not been settled, dismiss such claim and return it to the Department/Division of Collection Management (state the reason: the employee voluntarily waives the financial aid) in order for the Department/Division of Collection Management to update it on the system.

- If the claim has been settled, use the Form No. 03a/BHXH and Form No. 03b/BHXH (decrease in financial aid; state the reason “đã đề nghị hưởng hỗ trợ nay đề nghị tự nguyện không nhận hỗ trợ” (change from claim for financial aid to voluntary waiver of financial aid).

2.4. Department/Division of Planning and Finance

- If the financial aid has not been provided: According to Form No. 03a/BHXH and Form No. 03b/BHXH forwarded by the Department/Division of Social Insurance Benefits, stop provision of the financial aid.

If an employee is not named in the list Form No. 11/BHXH (issued together with Official Dispatch No. 3651/BHXH-TCKT dated November 12, 2021 of VSS), his/her name shall not be included in the list of provision of financial aid Form No. 11/1. If an employee is named in the list Form No. 11/BHXH and a payment order for him/her has been sent to the bank, immediately communicate with the bank to stop provision of financial aid for such employee.

- If the financial aid has been provided: According to Form No. 03a/BHXH and Form No. 03b/BHXH forwarded by the Department/Division of Social Insurance Benefits, retrieve such the financial aid to the UI fund.

V. Forms

- The forms issued together with Official Dispatch No. 3068/BHXH-CSXH from 02a/BHXH to 09c/BHXH shall be modified by the forms issued together with this Official Dispatch.

- Add notice of revocation Form No. 12/BHXH.

Request provincial SSAs to implement this Official Dispatch, difficulties which may arise in connection with the implementation shall be reported to VSS for consideration./.