|
THE
GOVERNMENT
-------
|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
No.
68/NQ-CP
|
Hanoi,
July 1, 2021
|
RESOLUTION
ON CERTAIN POLICIES TO SUPPORT EMPLOYEES AND EMPLOYERS IN
DIFFICULTY DUE TO THE COVID-19 PANDEMIC
THE GOVERNMENT
Pursuant to the Law on
Governmental Organization dated June 19, 2015; the Law on amendments to the Law
on Governmental Organization and the Law on Organization of Local Governments
dated November 22, 2019;
Pursuant to Decree No.
138/2016/ND-CP dated October 1, 2016 of the Government on promulgation of
Working Regulations of the Government;
Based on the opinion of the
Politburo on a number of policies to support employees and employers facing
difficulties due to the COVID-19 pandemic in Document No. 1133-CV/VPTW dated
June 25, 2021 of the Party Central Committee;
Pursuant to Resolution No.
66-NQ/CP dated July 1, 2021 in the seminar on law-making of the Government on
the June 2021;
At the request of the Minister
of Labor, War Invalids and Social Affairs in Report No. 34/TTr-LDTBXH dated
June 2, 2021 and Report No. 45/TTr-LDTBXH dated June 28, 2021.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
In response to the complex
situation caused by the COVID-19 pandemic, which has had a substantial impact
on production, business, and people's lives, the Government has decided to put
in place a variety of regulations to assist employees and employers affected by
the COVID-19 pandemic as follows:
I. OBJECTIVES,
PRINCIPLES
1. Objectives
Support for employees and employers
facing difficulties as a result of the COVID-19 pandemic, contribute to the
recovery of production and business, mitigate the negative effects of the
pandemic, and stabilize production, business, and guarantee employees’ life and
safety.
2. Principles
a) Ensure timely support, eligible
entities, openness and transparency to the public, eliminate policy abuse and
self-seeking.
b) Create criteria and
circumstances that enable employees and employers to easily access policies.
c) Ascertain the feasibility and
efficacy of policies and resources for implementation. In a support policy,
each entity is only allowed to claim once. Employees who are entitled to a
lump-sum monetary support (except for those who are entitled to additional
policies specified at Points 7, 8, Section II of this Resolution) are only
eligible for solely one category of support; those who voluntarily waive the
support will not be eligible for any assistance.
d) Encourage all
levels, branches, and local governments to take the initiative, based on
specific circumstances, to deploy objectives, principles, and promptly support
policies in a flexible manner.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Provinces and cities with a revenue
distribution percentage to the central budget of more than 60% are
self-financed to offer budget support.
The central budget shall support
the remaining provinces and cities on the following principles:
- 80% of the actual expenditure as
prescribed in this Resolution for the mountainous provinces and the Central
Highlands.
- 60% of the actual expenditure as
prescribed in this Resolution for the remaining provinces that have not yet
balanced their budgets (besides the mountainous provinces, the Central
Highlands).
- 40% of the actual expenditure as
prescribed in this Resolution for the provinces and cities that have remaining
revenue distribution percentage to the central budget.
The provinces and
centrally-affiliated cities actively use 50% of the local budget reserve
(including the three levels of province, district and commune) and 70% of the
local financial reserve fund, salary reform balance to follow the principles
and provide categories of support specified in this Resolution.
II. CATEGORIES
OF SUPPORT
1. Reduction in
insurance premiums for occupational accidents and diseases
Employers are entitled to a premium
rate of 0% of the salary fund as the basis for paying social insurance premiums
to the Insurance Fund for Occupational Accidents and Diseases for 12 months
(from July 1, 2021 to June 30, 2022) for employees eligible for occupational
accident and disease insurance (except for officials, public employees, people
in the people's armed forces, employees in the agencies of the Party, the
State, administrative agencies, public sector entities on the payroll of the
state budget). The employer will provide the monetary support obtained from the
reduction in premiums to the Insurance fund for occupational accidents and
diseases for the employees in order to combat the COVID-19 pandemic.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Regarding employers who have fully
paid social insurance premiums or are temporarily suspending contributions to
the retirement and survivorship fund until the end of April 2021 but have been
affected by the COVID-19 pandemic, resulting in a downsizing of at least 15%
employees who have contributed to social insurance compared to April 2021
(including the employees on furlough, suspension of employment
contracts, and unpaid leave), the employees and the employers are entitled to a
6-month suspension of payment to the retirement and survivorship fund from the
date of application submission. As for a case on the payment suspension
under the Resolution No. 42/NQ-CP of April 9, 2020 and Resolution No. 154/NQ-CP
of October 19, 2020 of the Government, if the applicant is still qualified, the
application will be approved as long as the suspension period does not exceed
12 months.
3.
Job retention training programs for employees
Employers are
entitled to a financial support from the unemployment insurance fund for
training, retraining and skill enhancement if they have fully paid unemployment
insurance premiums for employees for full 12 months or more at the time of
requesting support; they change the technological structure as prescribed in
Clause 1, Article 42 of the Labor Code; their revenue in the preceding quarter
has decreased by 10% or more compared to the same period in 2019 or 2020 at the
time of requesting support; and they have a plan, or cooperate with a
vocational education institution in developing a plan, for training, retraining
and skill enhancement in order to secure the jobs for employees as prescribed. The
maximum monthly assistance is 1,500,000 VND per employee, with a maximum
support term of six months. Applications for support are submitted from
July 1, 2021 to the end of June 30, 2022.
4. Assistance to
employees on suspension of employment contracts, unpaid leave
Employees will be entitled to a
lump-sum support if they have worked for enterprises, cooperatives, public
sector entities that cover their own recurrent expenditures or investment and
recurrent expenditures, people-founded and private preschools, kindergartens,
primary schools, junior high schools, high schools and vocational schools that
temporarily cease operations at the request of competent authorities for the
prevention and control of the COVID-19 pandemic and their period of suspension
of employment contracts or unpaid leave is from 15 consecutive days or more
from May 1, 2021 to the end of December 31, 2021, with a start date between May
1, 2021 and December 31, 2021; and they have contributed to compulsory social
insurance up to the time of suspension of employment contracts or unpaid leave
as follows: The rate is VND 1,855,000 per person for 15 consecutive days
or more but less than 1 month, and VND 3,710,000 per person for 1 month or
more.
5. Assistance to
furloughed employees
Employees will be entitled to a
lump-sum support of VND 1,000,000 per person if they have worked under an
employment contract and has been put on furlough under Clause 3, Article 99 of
the Labor Code and have been quarantined or in a locked down area as required
by the competent authority for 14 days or more during the period from May 1,
2021 to the end of December 31, 2021; and they have contributed to compulsory
social insurance up to the time of furlough.
6. Assistance to
employees with terminated employment contracts
Employees will be entitled to a
lump-sum support of VND 3,710,000 per person if they have worked for
enterprises, cooperatives, public sector entities that cover their own
recurrent expenditures or investment and recurrent expenditures, people-founded
and private preschools, kindergartens, primary schools, junior high schools, high
schools and vocational schools that temporarily cease operations at the request
of competent authorities for the prevention and control of the COVID-19
pandemic and their employment contracts have been terminated from May 1, 2021
to the end of December 31, 2021, with a start date between May 1, 2021 and
December 31, 2021; and they have contributed to compulsory social insurance but
are not eligible for unemployment benefits.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Pregnant
employees at Points 4, 5, 6, Section II are supported with an extra amount of
VND 1,000,000 per person; those who are raising children or taking care of
children under 6 years old are supported with an extra amount VND 1,000,000 per
child under 6 years old, with either mother or father is supported.
b) Children receiving treatment due
to COVID-19 infection or subject to medical isolation under a decision of a
competent authority may have the treatment and food costs covered by the state
budget as prescribed at Point 8, Section II of this Resolution; and receive an
extra amount of VND 1,000,000 per child
from the state budget during the treatment and isolation period from April 27,
2021 to the end of December 31, 2021.
8. Food allowance of VND 80,000 /person/day will be given
to people who need to be treated with COVID-19 infection (F0), from April 27,
2021 to December 31, 2021, with the support term varying depending on the
actual treatment time but up to 45 days.
Food
allowance of VND 80,000 /person/day will be given to people who have to undergo
medical isolation (F1) under a decision of a competent authority, from April
27, 2021 to December 31, 2021, with the support term of up to 21 days.
9. A lump-sum
support of VND 3,710,000 per person will be given to art directors, actors,
painters holding class IV professional titles in public sector entities engaged
in performing arts (excluding art units of the armed forces) who have to stop
performing arts for 15 days or more to prevent and control the COVID-19
pandemic from May 1, 2021 to the end of December 31, 2021.
A lump-sum support of VND 3,710,000
per person will be given to tour guides holding tourist guide cards affected by
the COVID-19 pandemic during the period from May 1, 2021 to the end of December
31, 2021.
10. Assistance to
household businesses
A lump-sum support of VND 3,000,000
per household business will be given to household businesses which have
registered business and taxes and have to cease operations for 15 consecutive
days or more during the period from May 1, 2021 to December 31, 2021 at the
request of the competent authority to prevent and control the COVID-19
pandemic.
11. Loan policy
to pay furlough wages, wages for production recovery
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Loan to pay wages for production
recovery: The employer is entitled to borrow a loan from the Bank for Social
Policies at the interest rate of 0% and is not required to furnish a loan
security to pay wages to the employees who have worked under employment
contracts and have contributed to compulsory social insurance if it resumes the
business after suspending operations at the request of the competent authority
to prevent and control the COVID-19 pandemic, from May 1, 2021 to the end of
March 31, 2022 and its line of business is in the field of transportation,
aviation, tourism, accommodation services, sending Vietnamese workers to work
abroad under a contract from May 1, 2021 to the end of March 31, 2021. The
employer must have no bad debt at any credit institution and foreign bank
branch at the time of applying for a loan. The maximum loan amount is equal to
the regional minimum wage for the number of employees under employment
contracts according to the actual payment period of wages but not exceeding 03
months. The loan term is less than 12 months.
12. As for
employees without an employment contract (self-employed) and some other
specific entities:
The provinces and cities shall,
based on the specific circumstances and budget capacity, develop criteria,
determine the beneficiaries and the support amounts, but the support rate is
not less than VND 1,500,000 per person per time or VND 50,000 per person per
day based on the actual number of days of suspension at the request of the
provinces and cities.
III.
IMPLEMENTATION
1. Ministry of Labor, War Invalids
and Social Affairs:
a) Take charge and cooperate with
relevant agencies in requesting the Prime Minister to issue a Decision to
perform the tasks as prescribed in Section II of this Resolution under the
simplified procedures.
b) Take charge and cooperate with
relevant agencies in inspecting and urging the implementation of the
Resolution, and promptly propose the Government and the Prime Minister
solutions to resolve arising difficulties and problems.
c) Adjust the funding to support
food allowance for children undergoing treatment due to COVID-19 infection or
medical isolation at the request of competent authorities from the Child
Protection Fund to supporting children in special circumstances according to
the content agreed with the sponsor.
2. Ministry of Finance:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Provide timely financing from
the central budget for each province, and send periodic reports to the Prime
Minister on implementation results, in accordance with the Resolution, relevant
laws and regulations, and actual expenditures of the provinces (as certified by
the State Treasury).
3. Ministry of Culture, Sports and
Tourism:
Guide the implementation of support
policies according to Point 9, Section II of this Resolution.
4. Ministry of Planning and
Investment:
Report to the competent authorities
to allocate full capital from the public investment plan to provide management
fees for the Bank for Social Policies to implement the task of lending loans to
the employer to pay wages to employees according to actual disbursement.
5. State Bank of Vietnam:
a) Take charge and coordinate with
the Ministry of Labor, War Invalids and Social Affairs, the Ministry of
Finance, the Ministry of Planning and Investment, Vietnam Social Insurance and
relevant agencies in promulgating a circular on guidelines for simplified
procedures and refinancing the Bank for Social Policies up to VND 7,500 billion
with interest rate of 0% per year, with the refinancing term less than 12
months and no collateral required in order for the employers specified at Point
11, Section II of this Resolution to pay wages to employees. The deadline
for disbursement of refinancing is March 31, 2022 or the date on which the refinancing
amount is fully disbursed, whichever comes first.
b) It is allowed to use the loan
loss reserves set aside from the difference between revenues and expenditures
of the State Bank of Vietnam to deal with the refinancing debts specified in
this Resolution that are overdue for 03 years or more.
6. The Bank for Social Policies
shall guide and initiate the lending policy under the provisions of Point 11
Section II of this Resolution.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
8. The People’s Committees of
provinces and central-affiliated cities:
a) Actively use local resources and
direct the implementation of policies specified in Section II of the
Resolution; report on the implementation results according to the support
schedule and send it to the Ministry of Finance for consolidation and
submission to competent authorities for support.
b) Determine and approve the list
of policy beneficiaries specified at Points 4, 5, 6, 7, 8, 9, 10, Section II of
this Resolution; implement the policies in a timely, effective, and public
manner, with eligible entities and eliminating policy abuse and self-seeking.
c) Issue support policies as
prescribed at Point 12, Section II of this Resolution from the local budget and
other lawful mobilized sources based on the actual circumstances of the local
governments.
9. The Ministry of Information and
Communications shall take charge and coordinate with Central Propaganda
Department of the Communist Party, other ministries, central and local
agencies, and news agencies and press in organizing the dissemination of this
Resolution.
10. Request the Central Committee
of the Vietnamese Fatherland Front, the Vietnam General Confederation of Labor
and socio-political mass organizations to participate in the dissemination,
coordination, implementation and supervision of the implementation of the
Resolution.
11. Ministers, Heads of
Ministerial-level agencies, Heads of Governmental agencies, Presidents of
People's Committees of centrally-affiliated cities and provinces shall be held
accountable to the Government and the Prime Minister for the implementation of
this Resolution and results thereof.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
ON
BEHALF OF THE GOVERNMENT PP.
PRIME MINISTER
DEPUTY PRIME MINISTER
Le Minh Khai