What are the regulations on determining employees working for enterprises and employees returning to the labor market in Vietnam for being received rent support?

Main Content

• Determining employees working for enterprises and employees returning to the labor market in Vietnam
• What are the responsibilities of the Social Insurance Agency in confirming the list of employees applying for rent support prepared by the units in Vietnam?
• The procedures for implementing Decision No. 08/2022/QD-TTg of the Prime Minister of Vietnam

Determining employees working for enterprises and employees returning to the labor market in Vietnam

Pursuant to the provisions of Section 2 of Official Dispatch 1244/LDTBXH-VL dated April 21, 2022 to implement Decision 08/2022/QD-TTg issued by the Ministry of Labor, War Invalids and Social Affairs, the determination of employees working for enterprises and employees returning to the labor market in Vietnam are as follows:

Eligible entities and eligibility criteria for support of employees working for enterprises in Vietnam

According to the provisions of Article 4 of Decision 08/2022/QD-TTg promulgated by the Prime Minister on the implementation of rent support policies for employees, eligible entities and eligibility criteria for support of employees working for enterprises are:

Article 4. Eligible entities and eligibility criteria for support

An employee who is working for an enterprise in an industrial zone (IZ), export processing zone (IPZ), or key economic zone (KEZ) will be eligible for support if he/she fully satisfies the following criteria:

1. He/she has rented a room or a house from February 1, 2022 to June 30, 2022.

2. He/she has an indefinite-term employment contract or a fixed-term employment contract with a duration of at least 1 month which was concluded and executed before April 01, 2022.

3. He/she has participated in the compulsory social insurance (included in the list of participants in compulsory social insurance of social insurance agency) in the month preceding the month in which the enterprise makes the list of employees applying for rent support.

In case the employee is not required to participate in compulsory social insurance as specified in Clause 4 Article 2 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government elaborating a number of Articles of the Law on Social Insurance regarding compulsory social insurance (hereinafter referred to as “Decree No. 115/2015/ND-CP”), he/she must be included in the enterprise's payroll of the month preceding the month in which the enterprise makes the list of employees applying for rent support.

Eligible entities and eligibility criteria for support of employees returning to the labor market in Vietnam

According to Article 8 of Decision 08/2022/QD-TTg promulgated by the Prime Minister on the implementation of rent support policies for employees, eligible entities and eligibility criteria for support of employees returning to the labor market in Vietnam as follows:

Article 8. Eligible entities and eligibility criteria for support

An employee who is working for an enterprise, cooperative, or business household with a business registration in an IZ, IPZ, or KEZ will be eligible for support if he/she fully satisfies the following criteria:

1. He/she has rented a room or a house from April 1, 2022 to June 30, 2022.

2. He/she has an indefinite-term employment contract or a fixed-term employment contract with a duration of at least 1 month which was concluded and executed from April 1, 2022 to June 30, 2022, except renewed employment contracts.

3. He/she has participated in the compulsory social insurance (included in the list of participants in compulsory social insurance of social insurance agency) in the month preceding the month in which the employer makes the list of employees applying for rent support.

In case the employee is not required to participate in compulsory social insurance as specified in Clause 4 Article 2 of Decree No. 115/2015/ND-CP or is a new employee with a concluded employment contract but is not included in the list of participants of compulsory social insurance of a social insurance agency, he/she must be included in the employer's payroll of the month preceding the month in which the employer makes the list of employees applying for rent support.

What are the responsibilities of the Social Insurance Agency in confirming the list of employees applying for rent support prepared by the units in Vietnam?

Pursuant to the provisions of Section 3 of Official Disoatch 1244/LDTBXH-VL dated April 21, 2022 to implement Decision 08/2022/QD-TTg issued by the Ministry of Labor, War Invalids and Social Affairs, the regulations on responsibilities of the Social Insurance agency in confirming the list of employees applying for rent support made by the units are:

According to Clause 1, Article 7, Clause 3, Article 11 of Decision 08/2022/QD-TTg promulgated by the Prime Minister on the implementation of rent support policies for employees, the employee is responsible for for the accuracy of information on rent and accommodation.

According to Clause 3, Article 7, Clause 3, Article 11 of Decision 08/2022/QD-TTg promulgated by the Prime Minister on the implementation of rent support policies for employees, the employer is responsible for the accuracy of information on the labor contract and the employee actually working at the unit.

According to Clause 3, Article 7, Clause 3, Article 11 of Decision 08/2022/QD-TTg promulgated by the Prime Minister on the implementation of rent support policies for employees, the social insurance agency comfirms the participation in compulsory social insurance of employees. Therefore, the confirmation of the social insurance agency in Section II of Form No. 02 and Form No. 03 will be responsible for information about the employee's participation in compulsory social insurance (under the list of participants in compulsory social insurance of the social insurance agency) in the preceding month before the enterprise makes a list of employees applying for rent support.

The procedures for implementing Decision No. 08/2022/QD-TTg of the Prime Minister of Vietnam

According to Section 4 of Official Ditpatch 1244/LDTBXH-VL dated April 21, 2022 to implement Decision 08/2022/QD-TTg issued by the Ministry of Labor, War Invalids and Social Affairs, the procedures for implementing Decision No. 08/2022/QD-TTg of the Prime Minister as follows:

In section 1.2, point 1, part II and section 2.2, point 2, part II of Decision No. 257/QD-LDTBXH dated March 28, 2022 of the Ministry of Labor, War Invalids and Social Affairs on the announcement of newly issued administrative procedures within the scope of state management function of the Ministry of Labor - Invalids and Social Affairs on the implementation of rent support policies for employees, the employer shall submit the application according to one of the following methods: form of "directly submit, submit through public postal service, submit on web".

Pursuant to the provisions of Clause 4, Article 13 of Decision No. 08/2022/QD-TTg, Vietnam Social Insurance is requested to guide the employer to submit the application and return the results confirming that the employee is participating in compulsory social insurance services through forms, including online form (e-transactions), District People's Committees shall base themselves on the list of employers prepared and comfirmed by the Vietnam Social Insurance using Form No. 02, Form No. 03 for appraising and submiting to the Provincial People's Committee for approval the list and support funding.

Thus, for your question, determining employees working in enterprises and employees returning to the labor market for receiving support of Vietnam social insurance shall base on Articles 4 and 8 of Decision 08/2022/QD-TTg promulgated by the Prime Minister on the implementation of rent support policies for employees.

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