Details of the Dossier and Procedures for Supporting People Facing Difficulties Due to COVID-19 in Vietnam

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A list of 05 newly issued administrative procedures related to the implementation of support policies for people facing difficulties due to the COVID-19 pandemic in Vietnam is issued along with this Decision. To be specific:

1. Procedure for Supporting Employees Temporarily Postponing Labour Contracts or Taking Unpaid Leave Due to the COVID-19 Pandemic in Vietnam

Implementation Steps:

- Step 1: The enterprise compiles a list of employees who temporarily postpone their labour contracts or take unpaid leave ensuring the conditions as prescribed; requests the grassroots trade union (if any) and the social insurance agency to confirm the list.

- Step 2: Within 03 working days from the date of receiving the list requested by the enterprise, the social insurance agency confirms the participation of social insurance by employees and sends it to the enterprise.

- Step 3: The enterprise submits the application dossier to the district-level People’s Committee where the headquarters is located. Within 03 working days from the date of receiving the complete dossier, the district-level People’s Committee appraises and submits it to the Chairman of the provincial-level People’s Committee.

- Step 4: Within 02 working days from the date of receiving the full dossier, the Chairman of the provincial-level People’s Committee issues a decision approving the list and support funds; at the same time directs the disbursement of support.

Mode of Implementation: Submit the dossier directly, by post, or online.

Components and Quantity of the Dossier:

 List of Employees Temporarily Postponing Labour Contracts or Taking Unpaid Leave in Vietnam

The dossier includes:

- List of employees who temporarily postpone their labour contracts or take unpaid leave ensuring the conditions as prescribed in Decision 15/2020/QD-TTg dated April 24, 2020, of the Prime Minister of Vietnam, confirmed by the trade union organization (if any) and the social insurance agency (according to the form).

- Copy of the agreement postponing the implementation of the labour contract or taking unpaid leave;

- Copy of the financial statement of 2019, Q1 of 2020, and other financial proof documents of the enterprise.

Quantity of dossier: 01 (one) set.

Processing Time: 08 working days from the date the administrative agencies receive the complete and valid dossier as prescribed.

Requirements and Conditions for Implementing the Administrative Procedure:

Employees are supported when they meet the following conditions:

- The period of postponing the implementation of the labour contract or taking unpaid leave during the term of the labour contract, from 01 continuous month or more, calculated from April 01, 2020, to June 30, 2020, and the time to start postponing the implementation of the labour contract or taking unpaid leave from April 01, 2020, to June 01, 2020.

- Participating in compulsory social insurance up to the point just before postponing the implementation of the labour contract or taking unpaid leave.

- Working at enterprises that have no revenue or no financial resources to pay wages (after using wage reserves, profit after tax funds, and other legitimate financial sources of the enterprise, with the balance as of March 31, 2020) due to the impact of the COVID-19 pandemic.

2. Procedure for Supporting Household Businesses Required to Suspend Operations Due to the COVID-19 Pandemic in Vietnam

Implementation Steps:

- Step 1: The household business submits the dossier as prescribed to the commune-level People’s Committee.

- Step 2: Within 05 days, the commune-level People’s Committee confirms the household business’s suspension operation; publicly posts the suspension notice; compiles and reports to the Tax Department.

- Step 3: Within 02 working days, the Tax Department leads coordination with relevant agencies to appraise and submits it to the district-level People’s Committee.

- Step 4: Within 03 days, the district-level People’s Committee reviews, compiles, and submits it to the Chairman of the provincial-level People’s Committee.

- Step 5: Within 02 working days, the Chairman of the provincial-level People’s Committee issues a decision approving the list and support funds; at the same time directs the implementation of support. In case of no approval, the Chairman of the provincial-level People’s Committee responds in writing and states the reasons.

Mode of Implementation: Submit the dossier directly, by post, or online.

Components and Quantity of the Dossier:

 Application for Support (For Household Businesses with Taxable Revenue Under 100 Million VND/Year)

The dossier includes:

- Application for support (according to the form for household businesses with taxable revenue under 100 million VND/year).

- Copy of the Tax Payment Notice according to Form No. 01/TBT-CNKD issued together with Circular 92/2015/TT-BTC dated June 15, 2015, of the Ministry of Finance.

Quantity of dossier: 01 (one) set.

Processing Time: 12 working days from the date the administrative agencies receive the complete and valid dossier as prescribed.

Requirements and Conditions for Implementing the Administrative Procedure:

- The 2020 revenue managed by the tax authority for the household business is under 100 million VND, determined as of January 15, 2020, in accordance with the law on tax management.

- Temporarily suspending operations from April 01, 2020, according to the provincial-level People’s Committee’s decision to implement Directive 15/CT-TTg dated March 27, 2020, of the Prime Minister of Vietnam.

3. Procedure for Supporting Employees Terminated Labour Contracts, Work Contracts Due to the COVID-19 Pandemic but Ineligible for Unemployment Benefits in Vietnam

Implementation Steps:

- Step 1: The employee submits the application dossier as prescribed to the commune-level People’s Committee.

- Step 2: The commune-level People’s Committee reviews and confirms the income level, compiles the list, and submits it to the district-level People’s Committee.

- Step 3: The district-level People’s Committee appraises and submits it to the Chairman of the provincial-level People’s Committee within 02 working days.

- Step 4: The Chairman of the provincial-level People’s Committee approves the list and support funds; at the same time directs the disbursement of support within 03 working days. In case of disapproval, the Chairman of the provincial-level People’s Committee responds in writing and states the reasons.

Mode of Implementation: Submit the dossier directly, by post, or online.

Components and Quantity of the Dossier:

 Application for Support for Employees Terminated Labour Contracts, Work Contracts but Ineligible for Unemployment Benefits

The dossier includes:

- Application for support (according to the form for employees terminated labour contracts, work contracts but ineligible for unemployment benefits).

- Copy of one of the following documents:

+ Expired labour contract or work contract or completed work according to the labour contract.

+ Termination decision.

+ Notice or agreement of termination of the labour contract or work contract.

- Copy of the Social Insurance Book or confirmation from the social insurance agency about compulsory social insurance, unemployment insurance. In the case of not having a Social Insurance Book, the employee must specify the reason in the Application.

Quantity of dossier: 01 (one) set.

Processing Time: 05 working days from the date the district-level People’s Committee receives the list from the commune-level People’s Committee.

Requirements and Conditions for Implementing the Administrative Procedure:

Employees are supported financially when they meet the following conditions:

- Have signed a labour contract or work contract before April 01, 2020, and are participating in compulsory social insurance;

- Terminated the labour contract or work contract from April 01, 2020, to June 15, 2020, but ineligible for unemployment benefits as prescribed;

- No income or have an income lower than the near-poor standard as prescribed in Decision 59/2015/QD-TTg dated November 19, 2015, of the Prime Minister of Vietnam.

4. Procedure for Supporting Workers with No Labour Contracts Losing Jobs Due to the COVID-19 Pandemic in Vietnam

Implementation Steps:

- Step 1: The employee submits the application as prescribed to the commune-level People’s Committee after the 15th of each month. In the case that the employee's permanent and temporary residences are not in the same province or city directly under the Central Government, if applying for support at the place of permanent residence, confirmation from the commune-level People’s Committee of the temporary residence regarding not applying for support policy and vice versa is required.

- Step 2: Within 05 working days, the commune-level People’s Committee organizes a review and compiles the list of eligible employees with the supervision of representatives of political-social organizations and makes a public announcement to the community; posts the list of employees requesting support for 02 working days; compiles the list of eligible employees and submits it to the district-level People’s Committee.

- Step 3: Within 02 working days, the district-level People’s Committee appraises and submits it to the Chairman of the provincial-level People’s Committee.

- Step 4: The Chairman of the provincial-level People’s Committee approves the list and support funds; at the same time directs the disbursement of support within 03 working days. In case of non-approval, the Chairman of the provincial-level People’s Committee responds in writing and states the reasons.

Mode of Implementation: Submit the dossier directly, by post, or online.

Components and Quantity of the Dossier:

 Application for Support for Employees with No Labour Contracts Losing Jobs

The dossier includes: Application for support (according to the form for employees with no labour contracts losing jobs).

Quantity of dossier: 01 (one) set.

Processing Time: 12 working days from the date the administrative agencies receive the complete and valid dossier as prescribed.

Requirements and Conditions for Implementing the Administrative Procedure:

Employees with no labour contracts losing jobs are supported when they meet the following conditions:

- Lost jobs and have an income lower than the near-poor standard as prescribed in Decision 59/2015/QD-TTg dated November 19, 2015, of the Prime Minister of Vietnam, during the period from April 01, 2020, to June 30, 2020;

- Legally reside in the locality;

- Belong to non-agricultural sectors and work in one of the following jobs: street vending, small retail trade without a fixed location; waste collection and recycling; manual labour, loading and unloading goods; motorbike taxi driver, cyclo driver; mobile lottery sellers; self-employed or working at household businesses in the areas of catering, lodging, tourism, and healthcare.

Based on conditions and actual situation, the provincial-level People’s Committee decides on other supported subjects apart from those mentioned above from local budgets and legally mobilized sources.

5. Procedure for Supporting Employers to Borrow Loans to Pay Wages for Workers Stopping Work Due to the COVID-19 Pandemic in Vietnam

Implementation Steps:

- Step 1: No later than the 05th of each month, the employer wishing to borrow submits the application to the district-level People’s Committee where the headquarters or branch, representative office, business location, or residence (for household businesses, individuals) is located.

- Step 2: Within 03 working days from the date of receiving the complete dossier, the district-level People’s Committee appraises, compiles the list according to the Appendix attached to Decision 15/2020/QD-TTg dated April 24, 2020, of the Prime Minister of Vietnam, and submits it to the Chairman of the provincial-level People’s Committee.

- Step 3: Within 02 working days from the date of receiving the complete dossier from the district-level People’s Committee, the Chairman of the provincial-level People’s Committee issues a decision approving the list according to the Appendix attached to Decision 15/2020/QD-TTg dated April 24, 2020, of the Prime Minister of Vietnam, sends it to the Social Policy Bank branch and the employer in the list. In case of non-approval, the Chairman of the provincial-level People’s Committee responds in writing and states the reasons.

Mode of Implementation: Submit the dossier directly, by post, or online.

Components and Quantity of the Dossier: Proposal for the Confirmation of Subjects Eligible for Loan Policy for Wage Payment during Work Suspension

Documentation components include:

- Proposal for the confirmation of subjects eligible for loan policy for wage payment during work suspension (according to Form No. 11 issued together with Decision 15/2020/QD-TTg).

- A copy of one of the following documents: Business Registration Certificate/Cooperative Registration Certificate/household business; Establishment Decision of the competent state authority (if any); Business License/Operation License/Practice Certificate (for conditional business sectors or regulated by law); Investment License/Investment Certificate (for enterprises established by foreign investors).

- List of employees who must stop working, prepared by the employer (according to Form No. 12 issued together with Decision No. 15/2020/QD-TTg).

- A copy of the financial statements for 2019, the first quarter of 2020 (for enterprises and organizations).

Number of dossiers: 01 (one) set.

Resolution period: 5 working days from the date administrative procedures agencies receive a complete and valid dossier as prescribed.

Requirements and conditions for the implementation of administrative procedures:

- Having 20% or from 30 employees or more participating in compulsory social insurance must stop working for 1 month or more; having paid at least 50% of the wage suspension for employees in advance during the period from April 01, 2020, to June 30, 2020.

- Facing financial difficulties, unable to balance enough resources to pay wage suspension for employees, having exhausted the wage reserve fund to pay the wages for employees on work suspension.

- No outstanding debts at credit institutions, foreign bank branches as of December 31, 2019.

Nguyen Trinh

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