Some notes when doing procedures to receive money to support Vietnam's Resolution 116

Employers and employees when carrying out procedures to receive support money from the Unemployment Insurance Fund under Decision 28/2021/QD-TTg, Resolution 116 need to note some content such as after:

Some notes when carrying out procedures to receive money to support Resolution 116 (Illustration image)

**For employers

For employees who do not change the information and time of payment of unemployment insurance, the employee voluntarily does not receive support:

+ Make a list according to Form No. 02 promulgated together with Decision 28/2021/QD-TTg of Vietnam and send it online to the social insurance agency within 05 working days from the date of receipt of the list under o Form No. 01 issued by the social insurance agency. send (the list of Form No. 02 can be sent more than once).

Model number 02

 

+ In case the unit does not transact online, make a paper copy, sign it and send it to the social insurance agency, and attach the soft copy (excel file) to the email address of the social insurance agency.

- For employees whose information is changed in the list according to Form No. 01 issued together with Decision 28/2021/QD-TTg :

+ Make a list according to Form No. 03 issued together with Decision No. 28/2021/QD-TTg enclosed with documents as prescribed in Article 27 under Decision 595/QD-BHXH of Vietnam dated April 14, 2017 and Clause 31, Article 1 Decision 505/QD-BHXH of Vietnam dated March 27, 2020, the list can be sent many times, signed, stamped and scanned to send to the social insurance agency.

Form number 03

 

Implementation deadline: No later than November 10, 2021 to complete.

- In case the employee does not have a personal account number, the unit cooperates with the banks to support the employee to open a personal account.

- After November 30, 2021, employees who have not received support shall comply with the provisions of Clause 2, Article 3 of Decision 28/2021/QD-TTg of Vietnam. Specifically:

The employee requests the social insurance agency at the provincial or district level where the employee needs to receive support using Form No. 04. The time limit for receiving support requests is up to the end of December 20, 2021.

Form number 04

 

Within 10 working days from the date of receipt of the employee's request for support, the social insurance agency shall pay the support to the employee, the time for completion is no later than December 31, 2021. Encourage payment through employees' bank accounts.

**For employees:

- Employees participating in unemployment insurance:

Compare and fully supplement the information on the list according to Form No. 02 issued together with Decision 28/2021/QD-TTg; in case of mismatch, provide grounds for determining official information for the unit.

After November 30, 2021, employees who have not received support shall comply with the provisions of Clause 2, Article 3 of Decision 28/2021/QD-TTg of Vietnam. Specifically:

The employee requests the social insurance agency at the provincial or district level where the employee needs to receive support using Form No. 04. The time limit for receiving support requests is up to the end of December 20, 2021.

Within 10 working days from the date of receipt of the employee's request for support, the social insurance agency shall pay the support to the employee, the time for completion is no later than December 31, 2021. Encourage payment through employees' bank accounts.

- For employees who have stopped participating in unemployment insurance:

Request for support according to Form No. 04 issued together with Decision 28/2021/QD-TTg and send it to the social insurance agency where the employee needs to receive support by the end of December 20, 2021.

- The employee receives the dossier and Form No. 03 - Refusal to accept and settle the dossier (if any) issued together with Decision 2192/QD-BHXH 2019 and returns it from the social insurance agency when information is available, or time The period of payment of unemployment insurance is not correct or sufficient with the data of the managing social insurance agency; complete the dossier as prescribed in Article 27 under Decision 595/QD-BHXH and Clause 31, Article 1 of Decision 505/QD-BHXH of Vietnam

In particular , according to Official Disptach 3138/BHXH-CSXH dated October 6, 2021, The social insurance agency does not have a clear basis to apply the support to the following subjects, so in the immediate future, Vietnam Social Security will not receive the dossiers of this group of subjects until there are instructions:

- Employees who take leave for maternity or sick leave for 14 working days or more without monthly salary at the unit but enjoy social insurance benefits;

- The employee suspends the labour contract or the signed work contract;

- Employees leave without pay;

- The employee unilaterally terminates the labor contract or the working contract in contravention of the law (arbitrarily quits the job).

As of September 30, 2021, the above cases do not pay unemployment insurance, but they are not out of the "list of UI participants" and in fact have a reserved period of UI participation in accordance with the law. in terms of employment, similar to those entitled to support under Clause 2, Article 1 of Decision 28/2021/QD-TTg of Vietnam

Because in 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.

At the same time, based on the provisions in Clause 1, Article 6 of Decision 28/2021/QD-TTg, the Vietnam Social Security requested the Ministry of Labor, War Invalids and Social Affairs to soon study and guide the group of people who have time to participate. Unemployment insurance, which 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 in Vietnam.

Bao Ngoc

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