RESOLUTION

ON AMENDMENTS TO THE RESOLUTION NO. 68/NQ-CP DATED JULY 1, 2021 OF THE GOVERNMENT ON IMPLEMENTATION OF 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;

At the request of the Minister of Labor, War Invalids and Social Affairs and opinions of members of the Government.

HEREBY RESOLVES:

1. Amendments to the Resolution No. 68/NQ-CP dated July 1, 2021 of the Government on implementation of certain policies to support employees and employers in difficulty due to the COVID-19 pandemic:

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“2. Suspension of contributions to the retirement and survivorship fund

Regarding employers who have fully paid social insurance premiums or are temporarily suspending contributions to the retirement and survivorship fund until the end of January 2021 but have been affected by the COVID-19 pandemic, resulting in a downsizing of at least 10% employees who have contributed to social insurance compared to January 2021 (including the employees on furlough, suspension of performance 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”.

b) Clause 4 Section II is amended as follows:

 “Employees will be entitled to a lump-sum support if they have worked under employment contracts and having participated in compulsory social insurance before suspension of the employment contracts or unpaid leave; their period of suspension of employment contracts or unpaid leave within the term of the employment contracts is 15 consecutive days or more from May 1, 2021 to the end of December 31, 2021, with a start date of suspension of employment contracts or unpaid leave between May 1, 2021 and December 31, 2021, and fall under one of the following cases: they have received treatment for COVID-19, been put on isolation, lived in lock down areas, or could not go to the workplace by orders of the competent authorities for prevention and control of COVID-19; their employers have to temporarily cease operations by orders of the competent authorities for the prevention and control of the COVID-19, or have headquarters, branches, representative offices, or production or business sites in areas where the measures in Directive No. 16/CT-TTg are imposed, or have to rearrange production and labor for COVID-19 prevention and control: 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.”

c) Clause 5 Section II is amended as follows:

 “Employees will be entitled to a lump-sum support of VND 1,000,000 per person if they have worked under employment contracts and have been put on furlough for the reason mentioned in clause 3 Article 99 of the Labor Code; they have participated in compulsory social insurance before the furlough, and fall under one of the following cases: they have received treatment for COVID-19, been put on isolation, lived in lock down areas, or could not go to the workplace by orders of the competent authorities for prevention and control of COVID-19; their employers have to temporarily cease operations by orders of the competent authorities for the prevention and control of the COVID-19, or have headquarters, branches, representative offices, or production or business sites in areas where the measures in Directive No. 16/CT-TTg are imposed, or have to rearrange production and labor for COVID-19 prevention and control for at least 14 consecutive days from May 1, 2021 to the end of December 31, 2021.”

d) Clause 6 Section II is amended as follows:

“Employees will be entitled to a lump-sum support of VND 3,710,000 per person if they have worked under employment contracts and have participated in compulsory social insurance and have to terminate the employment contracts from May 1, 2021 to the end of December 31, 2021 and fall under one of the following cases: they have been put on isolation, lived in lock down areas, or could not go to the workplace by orders of the competent authorities for prevention and control of COVID-19; their employers have to temporarily cease operations by orders of the competent authorities for the prevention and control of the COVID-19, or have headquarters, branches, representative offices, or production or business sites in areas where the measures in Directive No. 16/CT-TTg are imposed or have to rearrange production and labor for COVID-19 prevention and control but they are not eligible for unemployment benefits.”

dd) Clause 7 Section II is amended as follows:

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e) Clause 10 Section II is amended as follows:

“A lump-sum support of VND 3,000,000 per household business will be given to household businesses which have registered business and have been on the register of the tax authorities; household business doing agriculture, forestry, fishery, salt production, hawkers, merchant traders, mobile vendors, seasonal traders, low-earners not required to apply for household business registration that have to suspend operations for at least 15 consecutive days by the orders of the competent authorities for COVID-19 prevention and control or having places of business in areas where the measures in Directive No. 16/CT-TTg are imposed from May 1, 2021 to the end of December 31, 2021.”

g) Point a Clause 11 Section II is amended as follows:

“Loan to pay furlough wages: 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 furlough wages to the employees who have contributed to compulsory social insurance and have been put on furlough for 15 consecutive days or more as prescribed in Clause 3, Article 99 of the Labor Code, from May 1, 2021 to the end of March 31, 2022. The maximum loan amount is equal to the regional minimum wage for the number of employees according to the actual payment period of furlough wages but not exceeding 03 months. The loan term is less than 12 months.”

h) Point b Clause 11 Section II is amended as follows:

“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 employees if it has to temporarily cease operations by orders of the competent authorities for the prevention and control of the COVID-19, or have headquarters, branches, representative offices, or production or business sites in areas where the measures in Directive No. 16/CT-TTg are imposed 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 maximum loan amount is equal to the regional minimum wage for the number of employees under employment contracts and having participated in compulsory social insurance according to the actual payment period of wages but not exceeding 3 months. The loan term is less than 12 months.”

i) Point b Clause 2 Section II is amended as follows:

“b) Provide timely financing from the central budget for each local government in accordance with point dd clause 2 Section I of this Resolution, relevant laws and regulations, and actual expenditures from the state budget of the local government (as certified by the State Treasury). If the large-scale pandemic outbreak makes the local budget short of resources, the Ministry of Finance shall, based on the request of the People's Committee of province, provide supplementary finance for the local budget up to 70% of the proposed amount to implement the policies in a timely manner. After receiving a report on support from the budget to employees and employers (the local government shall be held liable for the accuracy of the report), the Ministry of Finance shall supplement or retrieve the central budget estimate based on the actual support to eligible beneficiaries as prescribed; and then send a consolidated report to the Prime Minister."

2. This Resolution comes into force as of the date of signing.

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ON BEHALF OF THE GOVERNMENT PP.
PRIME MINISTER
DEPUTY PRIME MINISTER




Le Minh Khai

Nghị quyết 126/NQ-CP năm 2021 sửa đổi, bổ sung Nghị quyết 68/NQ-CP về một số chính sách hỗ trợ người lao động và người sử dụng lao động gặp khó khăn do đại dịch COVID-19 do Chính phủ ban hành