Vietnam Social Insurance has just had Official Dispatch 3138/BHXH-CSXH on determining beneficiaries of support from the Unemployment Insurance Fund according to Decision 28/2021/QD-TTg. The regulation specifies 04 groups of subjects that the social insurance agency has not yet received support documents.
Article table of contents
04 cases have not received unemployment insurance support dossiers under Resolution 116 of Vietnam (Illustration image)
Specifically, Vietnam Social Insurance said that in Clause 1, Article 1 of Decision 28/2021/QD-TTg, one of the conditions to determine the beneficiaries is:
"The employee is participating in unemployment insurance as of September 30, 2021 (named on the list of participating in unemployment insurance of the social insurance agency)".
However, compared with the provisions in Article 11 of Decree 28/2015/ND-CP dated March 12, 2015 of the Vietnamese Government detailing the implementation of a number of articles of the Employment law on unemployment insurance, social insurance agencies do not have clear grounds to apply to:
(1) Employees taking leave for maternity or sick leave for 14 working days or more do not receive monthly salary at the unit but enjoy social insurance benefits.
(2) The employee suspends the performance of the labor contract or the signed work contract in accordance with the law.
(3) The employee leaves without pay.
(4) The employee unilaterally terminates the labor contract/work contract illegally (arbitrarily quits the job).
Along with that, as of September 30, 2021, the above cases do not pay unemployment insurance, but they are not out of the employer's "list of participants in unemployment insurance" and actually the period of participation in unemployment insurance is reserved according to the provisions of the employment law, similar to the beneficiaries of the support policies specified in Clause 2, Article 1 of Decision 28/2021/QD-TTg.
Due to the dossiers of the advisory agencies submitted to the competent authorities, the above specific situations of reservation of unemployment insurance premium payment period have not been clearly mentioned. Therefore, the Government's Resolution and the Prime Minister's Decision have not detailed this content.
In addition, based on the provisions of Clause 1, Article 6 of Decision 28/2021/QD-TTg, Vietnam Social Security respectfully requests the Ministry of Labor, War Invalids and Social Affairs of Vietnam to soon study and guide the target group with time to participate. The unemployment insurance premium is actually reserved for the period from January 1, 2020 (the time when the Covid-19 pandemic began to affect Vietnam) to September 30, 2021 but is not on the list of paying unemployment insurance premiums as of September 30, 2021 so that Vietnam Social Security has a basis for implementation.
Therefore, Vietnam Social Security will receive dossiers and settle support payments in the fastest time for those subject to specific regulations; At the same time, the dossiers of 04 groups of subjects mentioned above have not been received until there are instructions.
Official Dispatch 3138/BHXH-CSXH of Vietnam was promulgated on October 6, 2021.
Bao Ngoc
