Headlines 13/11/2021 14:52 CH

Are foreign employees entitled to Resolution No. 68’s aid?

Châu Thanh

Do foreign employees working in Vietnam who are forced into temporary leave from work, furlough or termination of their labor contracts due to Covid-19 have access to the aid package under the Resolution No. 68?

At present, relief policies granted to employees facing difficulties due to Covid-19 impacts are subject to the Resolution No. 68/NQ-CP, the Resolution No. 126/ND-CP, the Decision No. 23/2021/QD-TTg and the Decision No. 33/2021/QD-TTg

In order to receive the aid package, employees must meet the stipulated requirements (click here for more details), including the mandatory requirement as to their participation in the compulsory social insurance plan, which are specified as follows:

- With regard to those whose labor contracts are temporarily suspended or who take unpaid leave: They are bound by the requirement that they are participating in the compulsory social insurance plan (i.e. being named on the list of persons required to participate in the social insurance plan that is issued by social security agencies) in the month of their temporary suspension from execution of labor contracts, unpaid leave or in the month promptly preceding the date of commencement of temporary suspension of their labor contract or unpaid leave.

- With regard to those forced into furlough: They are bound by the requirement that they are participating in the compulsory social insurance plan (i.e. being named on the list of persons required to participate in the social insurance plan that is issued by social security agencies) in the month of their furlough or in the month promptly preceding the date of commencement of their furlough.

- With regard to those whose labor contracts are terminated while they are not eligible for UI benefits: They are bound by the requirement that they are participating in the compulsory social insurance plan (i.e. being named on the list of persons required to participate in the social insurance plan that is issued by social security agencies) in the month of termination of their labor contracts or in the month promptly preceding the date of termination of their labor contracts.

However, according to the Decree No. 143/2018/ND-CP, as from January 1, 2022, foreign employees will start paying SI contributions to the pension and survivor benefit fund.

Thus, contingent upon the mandatory requirements for participation in the compulsory social insurance as stated above and due to Covid-19 impacts (e.g. temporary leave, furlough, termination of labor contract, etc.) during the period from May 1, 2021 to December 31, 2021, foreign employees will not be given aid under the Resolution No. 68/NQ-CP and other documents prescribing amendments and instructions.

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