Employees refusing to receive support according to Decree 116 of Vietnam can submit their HS code to receive them again

Vietnam Social Insurance already has Official Dispatch 3818/BHXH-CSXH dated 25/11/2021 on additional instructions for implementation of the policies to support employees and employers due to the impact of the Covid-19 pandemic. According to this Official Dispatch, guiding the case of employees who have refused to receive support from the Unemployment Insurance Fund according to Resolution 116 but then ask for support.

Employees who have refused to receive support under Decree 116 are still allowed to apply for it again (Illustration image)

Specifically, if an employee has refused to receive support under Resolution 116 on the previous payment list, and then needs to receive support, then:

Make a request for support according to Form No. 04 issued together with Decision 28/2021/QD-TTg of Vietnam and send it to the social insurance agency for settlement and payment of support to employees according to the instructions in Official Dispatch 3068/BHXH-CSXH.

Deadline for submission of the claim: December 20, 2021.

Change from the claim for financial aid to voluntary waiver of financial aid

* Guidance for employees and employers:

- For employees who have been made UI contributions, the employer shall make a separate list of these employees using Form No. 02 issued together with Decision No. 28/2021/QD-TTg and state in the “ghi chú” (notes) column the following: “đã đề nghị hưởng hỗ trợ nay đề nghị tự nguyện không nhận hỗ trợ” (change from claim for financial aid to waiver of financial aid) and return the SAA the waived financial aid amount (if paid).

- For an employee who has stopped making UI contribution, if he/she submitted a claim for financial aid using Form No. 04 issued together with Decision No. 28/2021/QD-TTg and now wishes to waive such financial aid, then he/she shall submit a request for waiver of financial aid and return the paid financial aid amount (if any) to the SAA.

Forward the list Form No. 02 to the Department/Division of Collection Management and the requests for waiver of financial aid as above to the Department/Division of Issuance of Books and Cards.

*Department/Division of Collection Management and the Department/Division of Issuance of Books and Cards

- If the Department/Division of Collection Management and the Department/Division of Issuance of Books and Cards have not made lists Form No. 02a/BHXH and Form No. 02b/BHXH, they shall update employees who waive financial aid to the database.

- If the data has been reviewed and the lists Form No. 02a/BHXH and Form No. 02b/BHXH have been made, forward requests for waiver of financial aid and the separate list Form No. 02 made by the employer to the Department/Division of Social Insurance Benefits.

* Department/Division of Social Insurance Benefits

- If the claim has not been settled, dismiss such claim and return it to the Department/Division of Collection Management (state the reason: the employee voluntarily waives the financial aid) in order for the Department/Division of Collection Management to update it on the system.

- If the claim has been settled, use the Form No. 03a/BHXH and Form No. 03b/BHXH (decrease in financial aid; state the reason “đã đề nghị hưởng hỗ trợ nay đề nghị tự nguyện không nhận hỗ trợ” (change from claim for financial aid to voluntary waiver of financial aid).

* Department/Division of Planning and Finance

- If the financial aid has not been provided: According to Form No. 03a/BHXH and Form No. 03b/BHXH forwarded by the Department/Division of Social Insurance Benefits, stop provision of the financial aid.

- If an employee is not named in the list Form No. 11/BHXH (issued together with Official Dispatch No. 3651/BHXH-TCKT dated November 12, 2021 of VSS), his/her name shall not be included in the list of provision of financial aid Form No. 11/1. If an employee is named in the list Form No. 11/BHXH and a payment order for him/her has been sent to the bank, immediately communicate with the bank to stop provision of financial aid for such employee.

- If the financial aid has been provided: According to Form No. 03a/BHXH and Form No. 03b/BHXH forwarded by the Department/Division of Social Insurance Benefits, retrieve such the financial aid to the UI fund.

Based on the list according to Form 03a/BHXH and Form 03b/BHXH transferred by the Division/Department of Social Insurance Benefits.

Official Dispatch 3818/BHXH-CSXH of Vietnam was issued on November 25, 2021.

Bao Ngoc

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