Decision 23/2021/QD-TTg stipulating the implementation of a number of policies to support employees and employers facing difficulties due to COVID-19

DECISION

REGULATIONS ON IMPLEMENTATION OF SOME POLICIES TO SUPPORT EMPLOYEES AND EMPLOYERS IN DIFFICULTY BECAUSE OF THE COVID-19 PASSION

Pursuant to the June 19, 6 Law on Government Organization; The Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Organization of Local Government dated November 2015, 22;

Implement Resolution No. 68/NQ-CP dated July 01, 7 of the Government on a number of policies to support employees and employers facing difficulties due to the COVID-2021 pandemic;

At the request of the Minister of Labor - Invalids and Social Affairs;

The Prime Minister promulgates a Decision regulating the implementation of a number of policies to support employees and employers facing difficulties due to the COVID-19 pandemic.

Chapter I

REDUCTION OF OCCUPATIONAL ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE PAYMENT #

Article 1. Objects of support

Employers contribute to the Insurance Fund for occupational accidents and diseases for employees who are subject to the occupational accident and disease insurance regime in accordance with the law on social insurance. and the law on occupational safety and health (except for cadres, civil servants, public employees, people in the people's armed forces, employees in agencies of the Party, the State, administrative agencies, public non-business employees receiving salaries from the state budget).

The employer supports the entire amount obtained from the reduction of contributions to the Insurance Fund for Occupational Accidents and Diseases for employees to prevent and control COVID-19.

Article 2. Rate of payment and time of application of the level of payment to the Insurance Fund for occupational accidents and diseases

1. Rate of contribution: equal to 0% of the salary fund used as the basis for paying social insurance premiums.

2. Application period: 12 months, from July 01, 7 to the end of June 2021, 30.

Article 3. Registration for participation, selection of payment methods, use and management of the occupational accident and disease insurance fund

1. The registration for participation, selection of payment method, use and management of the occupational accident and disease insurance fund shall comply with the provisions of the law on social insurance and the law on safety. occupational hygiene.

2. The period of payment of occupational accident and occupational disease insurance according to the provisions of Article 2 of this Decision is calculated to enjoy the occupational accident and disease insurance regime.

Chapter II

SUPPORTING EMPLOYEES AND EMPLOYERS TEMPORARILY STOP PAYING TO THE REFERENCES AND SURVIVAL FUND #

Article 4. Objects of support

Employees and employers are subject to compulsory social insurance as prescribed in Article 2 of the Law on Social Insurance.

Article 5. Support conditions

1. Employers who have fully paid social insurance premiums or are temporarily suspending contributions to the retirement and survivorship fund until the end of April 4 but are affected by the COVID-2021 pandemic, resulting in a reduction from 19% employees participating in social insurance or more at the time of application submission compared to April 15. The reduced number of employees participating in social insurance includes:

a) Number of employees terminating labor contracts or working contracts in accordance with the law minus the number of new employees entering into labor contracts or working contracts during the period from May 01, 5 until the date the employer has a written request.

b) The number of employees who are temporarily suspending the performance of the labor contract but the time of suspension of the performance of the labor contract is 14 working days or more in a month.

c) Number of employees who are taking unpaid leave but the unpaid leave period is 14 working days or more in a month.

d) The number of employees who are on leave but the time off work is 14 working days or more in a month.

2. The number of employees participating in social insurance reduction calculated in Clause 1 of this Article only includes people working under working contracts, labor contracts with indefinite term, labor contracts with definite term from full For 01 month or more, the enterprise manager, executive manager of the cooperative enjoys a salary; excluding employees who take leave from work to enjoy pension from May 01, 5.

Article 6. Period of suspension of payment to the retirement and survivorship fund

1. Employees and employers who fully meet the conditions specified in Article 5 of this Decision may suspend payment to the retirement and survivorship fund for 6 months from the month the employer submits the application.

2. For the case that has been settled, the suspension of contributions to the retirement and survivorship fund has been settled according to Resolution No. 42/NQ-CP dated April 09, 4 and Resolution No. 2020/NQ-CP dated October 154, 19 of the Government, if the conditions are met and the suspension of contributions to the retirement and survivorship fund is granted as prescribed in this Decision, the total period of suspension of contributions to the retirement and survivorship fund due to the pandemic will be affected. COVID-10 no older than 2020 months.

Article 7. Compensation for retirement and survivorship funds

1. At the end of the period of suspension of payment as prescribed in Article 6 of this Decision, the employee and the employer shall continue to make contributions to the retirement and survivorship fund and make up for the period of suspension of payment (for both employees and employees). employees who stop working and receive salary according to Article 99 of the Labor Code), the compensation amount is not subject to late payment interest as prescribed in Clause 3, Article 122 of the Law on Social Insurance.

2. From the end of the period of suspension of payment to the retirement and survivorship fund, if the employer fails to make compensation for the period of suspension, the provisions of Clause 3 of this Article shall apply. 122 Law on Social Insurance.

3. During the period of suspension of contributions to the retirement and survivorship fund, if the employee is eligible for retirement or survivorship benefits or terminates the labor contract, the employer and the employee shall actually currently paying compensation for the period of temporary suspension of payment to settle benefits for employees.

Article 8. Order and procedures for implementation

1. During the period from the effective date of this Decision to the end of June 30, 6, the employer shall submit a written request made according to Form No. 2022 in the Appendix issued together with this Decision to the agency. Social insurance agency where he is participating in social insurance, and at the same time send 01 copy to the Department of Labor, War Invalids and Social Affairs for monitoring and supervision.

2. Within 05 working days from the date of receipt of the employer's application file, the social insurance agency shall consider and settle the suspension of payment to the retirement and survivorship fund; if not resolved, reply in writing and clearly state the reason.

3. Cases of request for temporary suspension of contributions to the retirement and survivorship fund according to the provisions of Article 16 of Decree No. 115/2015/ND-CP dated November 11, 11 of the Government detailing a number of articles of the Government's Decree No. Law on Social Insurance on compulsory social insurance, the order and procedures shall comply with the provisions of Circular No. 2015/59/TT-BLDTBXH dated December 2015, 29 of the Ministry of Labor, War Invalids and Social Affairs. detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance.

Chapter III

SUPPORT EMPLOYERS TRAINING, TRAINING, IMPROVE THE QUALITY OF VOCATIONAL SKILLS TO KEEP EMPLOYING EMPLOYEES. #

Article 9. Objects and conditions of support

Employers prescribed in Clause 3, Article 43 of the Employment Law who submit a request for support from July 01, 7 to the end of June 2021, 30 will be supported when they meet all conditions. after:

1. Fully pay unemployment insurance premiums for employees eligible to participate in unemployment insurance for full 12 months or more up to the time of request for support.

2. The structure and technology must be changed according to the provisions of Clause 1, Article 42 of the Labor Code.

3. Having the revenue of the preceding quarter before the time of requesting support decrease by 10% or more compared to the revenue of the same period in 2019 or 2020.

4. Have a plan or coordinate with the vocational education institution in developing a plan for training, retraining and improving vocational skills qualifications to maintain jobs for employees according to Form No. 02 in the Appendix issued together pursuant to this Decision.

Article 10. Level, duration of support and payment method

1. The maximum level of financial support for training, retraining and skill improvement is 1.500.000 VND/employee/month. The specific support level is calculated according to the actual study time of each profession or each course. In case the vocational training, retraining and improvement course has odd days that are not full months, it shall be calculated according to the principle: Less than 15 days is counted as 1/2 month, from full 15 days or more is counted as 01 month to determine the level of support.

For a training, retraining and improvement course in vocational skills with a cost higher than the level of support prescribed in this Clause, the excess part of the support level shall be paid by the employer.

2. Support period: Up to 06 months.

3. Payment method: Pay directly to the employer according to the approved plan to support training, retraining and improvement of vocational skills.

Article 11. Dossier of application

1. A written request for financial support for training, retraining and improvement of vocational skills to maintain jobs for employees and declaration of the revenue of the preceding quarter before the time of request for reduction support. 10% or more over the same period in 2019 or 2020 according to Form No. 03 in the Appendix issued with this Decision.

2. The employer's document on the change of structure and technology.

3. Plans for training, retraining and improvement of vocational skills qualifications for job maintenance as prescribed in Clause 4, Article 9 of this Decision.

4. The social insurance agency's certification that the employer has fully paid unemployment insurance premiums for employees eligible to participate in unemployment insurance for full 12 months or more up to the time of requesting support. support and pay full unemployment insurance for employees participating in training.

Article 12. Order and procedures for implementation

1. Employers wishing to support training, fostering and improving vocational skills to maintain jobs for employees shall request the social insurance agency of the locality where they are participating in social insurance. certification of full payment of unemployment insurance as prescribed in Clause 4, Article 11 of this Decision. The social insurance agency confirms it within 02 working days from the date of receipt of the employer's request.

2. The employer shall submit the dossier as prescribed in Article 11 of this Decision to the Department of Labor, War Invalids and Social Affairs where the head office is located.

3. Within 07 working days, from the date of receipt of the employer's complete application as prescribed, the Department of Labor, War Invalids and Social Affairs shall consider and decide on the support according to Form No. 04a in the Appendix issued. accompanying this Decision. The decision on support shall be sent in paper and electronic versions according to regulations to: The provincial social insurance agency for transferring support funds, the employer for implementation, and the training facility. In case of failure to support, the Department of Labor, War Invalids and Social Affairs shall reply in writing and clearly state the reason.

4. Within 03 working days from the date of receipt of the support decision of the Director of the Department of Labor, War Invalids and Social Affairs, the provincial social insurance agency shall transfer the entire support fund to the user once. labor use.

5. Within 02 working days from the date of receiving the support funding, the employer shall transfer the funding to the training facility according to the approved plan.

6. Within 45 days from the date of completion of the training, the employer must complete the payment and settlement with the training facility according to the actual practice and report the implementation results to the Department of Labor. - Invalids and Social. Within 05 working days from the date of receipt of the employer's performance report, the Department of Labor, War Invalids and Social Affairs shall issue a decision to recover the remaining training funding (if any) and send it to the employer. the provincial social insurance agency and the employer to refund the unemployment insurance fund according to Form No. 04b in the Appendix issued with this Decision.

Chapter IV

SUPPORTING EMPLOYEES TEMPORARY CONTRACTS OF LABOR CONTRACT #

Article 13. Objects and conditions of support

Employees working at enterprises, cooperatives, public non-business units that cover their own recurrent expenditures or investment and recurrent expenditures, people-founded and private educational institutions at the preschool education level, Kindergarten, elementary school, junior high school, high school, vocational education (hereinafter referred to as enterprises, cooperatives, public non-business units, educational institutions) must temporarily suspend operations according to the provisions of this Law. Requests of competent state agencies for COVID-19 prevention and control are supported when the following conditions are satisfied:

1. Suspend the performance of the labor contract, take unpaid leave during the term of the labor contract, from 15 consecutive days or more, from May 01, 5 to the end of December 2021, 31 and The time to start suspending the performance of labor contracts, taking unpaid leave from May 12, 2021 to December 01, 5.

2. Being participating in compulsory social insurance in the month preceding the time when the employee suspends the performance of the labor contract or takes unpaid leave.

Article 14. Support level and payment method

1. Support level:

a) 1.855.000 VND/person for employees who suspend the performance of labor contracts or take unpaid leave from 15 consecutive days or more to less than 01 month (30 days).

b) 3.710.000 VND/person for employees who suspend the performance of labor contracts or take unpaid leave from 01 month (30 days) or more.

2. Pregnant employees are supported an additional 1.000.000 VND/person; Employees who are raising their own or adopted children or taking care of children under 06 years old are supported an additional 1.000.000 VND/child under 06 years old and only 01 person is the mother or father or the child is under XNUMX years old. child respite care.

3. Payment method: One-time payment to employees.

Article 15. Dossier of application

1. A copy of the written agreement on temporary suspension of the performance of the labor contract or unpaid leave.

2. List of employees certified by the social insurance agency according to Form No. 05 in the Appendix issued with this Decision.

3. A certified copy or a copy enclosed with the original for comparison of one of the following papers: Papers proving that the employee is pregnant; Child's Birth Certificate or Birth Certificate; Certificate of adoption; A competent agency's decision on child care delivery and receipt for the subjects specified in Clause 2, Article 14 of this Decision.

Article 16. Order and procedures for implementation

1. Enterprises, cooperatives, public non-business units, educational institutions request the social insurance agency to certify that the employee is participating in social insurance. Within 02 working days from the date of receipt of the request, the social insurance agency shall certify the employee's participation in social insurance.

2. Enterprises, cooperatives, public non-business units, educational institutions shall send dossiers as prescribed in Article 15 of this Decision to the district-level People's Committees where their headquarters are located. The deadline for receiving dossiers is the end of January 31, 01.

3. Within 02 working days from the day on which the complete application is received, the People's Committee of the district shall appraise it and submit it to the People's Committee of the province.

4. Within 02 working days from the day on which the complete application is received, the People's Committee of the province shall issue a decision approving the list and funding for support; at the same time directing the implementation of support payments. In case of refusal, the People's Committee of the province shall notify in writing and clearly state the reason.

Chapter V

POLICY FOR SUPPORTING EMPLOYEES STOP WORKING #

Article 17. Objects and conditions of support

Employees are supported when they fully meet the following conditions:

1. Working under the labor contract regime is suspended under Clause 3, Article 99 of the Labor Code and subject to medical isolation or in blocked off areas at the request of competent state agencies. rights for 14 days or more during the period from May 01, 5 to the end of December 2021, 31.

2. Being participating in compulsory social insurance in the month preceding the month the employee stops working under Clause 3, Article 99 of the Labor Code.

Article 18. Support level and payment method

1. Support level: 1.000.000 VND/person.

2. Pregnant employees are supported an additional 1.000.000 VND/person; Employees who are raising their own or adopted children or taking care of children under the age of 06 are supported an additional 1.000.000 VND/child under 06 years old and only 01 person is the mother or father or caregiver. baby squirrel.

3. Payment method: One-time payment to employees.

Article 19. Dossier of application

1. A copy of the quarantine request document of a competent state agency to prevent and control the COVID-19 epidemic from May 01, 5 to the end of December 2021, 31.

2. List of employees certified by the social insurance agency according to Form No. 06 in the Appendix issued with this Decision.

3. A certified copy or a copy enclosed with the original for comparison of one of the following papers: Papers proving that the employee is pregnant; Child's Birth Certificate or Birth Certificate; Certificate of adoption; A competent agency's decision on child care delivery and receipt for the subjects specified in Clause 2, Article 18 of this Decision.

Article 20. Order and procedures for implementation

1. The employer requests the social insurance agency to certify that the employee is participating in social insurance. Within 02 working days from the date of receipt of the request, the social insurance agency shall certify the employee's participation in social insurance.

2. The employer shall send the dossier as prescribed in Article 19 of this Decision to the district-level People's Committee where the head office is located. The deadline for receiving dossiers is the end of January 31, 01.

3. Within 02 working days from the day on which the complete application is received, the People's Committee of the district shall appraise it and submit it to the People's Committee of the province.

4. Within 02 working days from the day on which the complete application is received, the People's Committee of the province shall issue a decision approving the list and funding for support; at the same time directing the implementation of support payments. In case of refusal, the People's Committee of the province shall notify in writing and clearly state the reason.

5. Within 02 working days from the date of receipt of funding from the People's Committee of the province, the employer shall pay the employee.

Chapter VI

SUPPORT EMPLOYEES TERMINATION OF LABOR CONTRACT BUT NOT ELIGIBLE FOR EMPLOYMENT SUPPLY #

Article 21. Objects and conditions of support

Employees working at enterprises, cooperatives, public non-business units that cover their own recurrent expenditures or investment and recurrent expenditures, people-founded and private educational institutions at the preschool education level, Kindergartens, primary schools, junior high schools, high schools and vocational schools must stop operating at the request of competent state agencies to prevent and control the COVID-19 epidemic from January 01. May 5 to the end of December 2021, 31 is supported when the following conditions are met:

1. Being participating in compulsory social insurance in the month preceding the time the employee terminates the labor contract.

2. Terminate the labor contract from May 01, 5 to the end of December 2021, 31 but ineligible for unemployment benefits, except for the following cases:

a) The employee unilaterally terminates the labor contract illegally.

b) Enjoy monthly pensions and allowances for loss of working capacity.

Article 22. Support level and payment method

1. Support level: 3.710.000 VND/person.

2. Pregnant employees are supported an additional 1.000.000 VND/person; Employees who are raising their own or adopted children or taking care of children under the age of 06 are supported an additional 1.000.000 VND/child under 06 years old and only 01 person is the mother or father or caregiver. baby squirrel.

3. Payment method: One-time payment to employees.

Article 23. Dossier of request for support

1. Request for support using Form No. 07 in the Appendix issued with this Decision.

2. A certified true copy or a copy enclosed with the original for comparison of one of the following papers:

a) The labor contract has expired or the work has been completed according to the labor contract.

b) The decision to quit the job.

c) Notice or agreement to terminate the labor contract.

3. A copy of the social insurance book or the social insurance agency's certification of participation in compulsory social insurance and unemployment insurance.

4. A certified copy or a copy enclosed with the original for comparison of one of the following papers: Papers proving that the employee is pregnant; Child's Birth Certificate or Birth Certificate; Certificate of adoption; A competent agency's decision on child care delivery and receipt for the subjects specified in Clause 2, Article 22 of this Decision.

Article 24. Order and procedures for implementation

1. The employee who needs assistance shall send a dossier to the Employment Service Center under the Department of Labor, War Invalids and Social Affairs where the employee terminates the labor contract. The deadline for receiving dossiers is the end of January 31, 01.

2. Before the 05th and 20th of each month, the Employment Service Center reviews and compiles the list of employees eligible for support and submits it to the Department of Labor, War Invalids and Social Affairs.

3. Within 02 working days from the date of receipt of the list, the Department of Labor, War Invalids and Social Affairs shall appraise it and submit it to the People's Committee of the province.

4. Provincial-level People's Committees approve the list of supports; at the same time directing the payment of support within 03 working days. In case of disapproval, the People's Committee of the province shall reply in writing and clearly state the reason.

Chapter VII

SUPPORT FOR CHILDREN AND PEOPLE WHO ARE TREATING COVID-19, MEDICAL Isolation #

Article 25. Objects of support

Children (people under 16 years of age as prescribed by the Law on Children) and people being treated for COVID-19 infection (F0) or medical isolation for COVID-19 prevention and control (F1) as decided by competent authorities. permission.

Article 26. Support level and duration

1. Support for meals at the rate of 80.000 VND/person/day for cases of people being treated for COVID-19 (F0), from April 27, 4 to December 2021, 31, the support period depends on time. actual treatment time but up to 12 days.

2. Food allowance of 80.000 VND/person/day for cases of people performing medical isolation (F1) according to decisions of competent authorities, from April 27, 4 to December 2021 31, maximum support period 12 days.

3. For children during treatment due to COVID-19 infection or medical isolation:

a) One-time support of 1.000.000 VND/child.

b) The state budget covers expenses outside the coverage of health insurance and medical examination and treatment expenses for children without health insurance cards.

Article 27. Dossier, order and procedures for implementation

1. Dossier to request support for cases of F0 being treated at medical facilities include:

a) List of F0 eligible for the policy according to Form No. 8a in the Appendix issued with this Decision.

b) Certificate of discharge from hospital for treatment due to COVID-19 infection of the medical examination and treatment facility as prescribed by law.

c) A copy of one of the following papers: Birth certificate, birth certificate, passport, identity card, citizen identification card, health insurance card.

2. Dossier to request support for F1 cases who are undergoing medical isolation at an isolation facility include:

a) List of F1 eligible for the policy according to Form No. 8a in the Appendix issued with this Decision.

b) The decision of the competent authority on medical isolation.

c) A copy of one of the following papers: Birth certificate, birth certificate, passport, identity card, citizen identification card, health insurance card.

3. Dossier to request support for F0 who has finished treatment at a medical facility before the effective date of this Decision includes:

a) Hospital discharge papers.

b) Receipt of payment for meals at the treated medical facility.

c) A copy of one of the following papers: Birth certificate, birth certificate, passport, identity card, citizen identification card, health insurance card.

4. Dossier to request support for F1 who has finished isolation at an isolation facility before the effective date of this Decision or is isolated at home includes:

a) A decision of a competent authority on medical isolation at an isolation facility or isolation at home.

b) Certificate of completion of isolation.

c) A copy of one of the following papers: Birth certificate, birth certificate, passport, identity card, citizen identification card, health insurance card.

d) Receipt of food collection at the isolation facility for the person who has finished isolation at the isolation facility.

5. Order and procedures:

a) For cases being treated or isolated at a medical facility or isolation facility: The medical facility or isolation facility shall base themselves on the dossier specified in Clauses 1 and 2 of this Article to make a list ( form No. 08a, 8b in the Appendix attached to this Decision) for cases F0, F1 eligible for the policy, shall be sent to the Provincial People's Committee. The deadline for receiving applications is the end of March 31, 3.

b) For cases F0, F1 who have finished treatment, completed isolation at the facility or isolated at home: Father, mother or legal guardian of children, cases F0, F1 send dossier prescribed in Clauses 3 and 4 of this Article to the People's Committee of the commune where they reside. The deadline for receiving dossiers is the end of January 31, 01.

Before the 05th and 20th of each month, the commune-level People's Committees shall summarize and make a list (Forms 8a, 8b in the Appendix attached to this Decision) for cases F0 and F1 eligible for the policy. , to the People's Committee of the district.

Within 02 working days, the People's Committee of the district shall summarize and submit it to the President of the People's Committee of the province.

c) Within 02 working days from the date of receipt of complete dossiers from the medical facility, isolation facility or the district-level People's Committee, the provincial-level People's Committee approves the list and directs the payment. support. In case of disapproval, the People's Committee of the province shall reply in writing and clearly state the reason.

6. Medical facilities, isolation facilities, commune-level People's Committees are responsible for fully paying support regimes for F0, F1, children being treated and isolated according to the list approved by the Committee. provincial people's approval (Form 8c in the Appendix attached to this Decision).

Chapter VIII

SUPPORTING ARTISTIC ACTIVITIES AND EMPLOYEES AS TOURISM GUIDE #

Section 1. SUPPORTING ARTISTS

Article 28. Objects and conditions of support

Art activities officers are supported when the following conditions are met:

1. Being an art director, actor or painter holding a class IV professional title.

2. Working in public non-business units with the function of performing arts (excluding art units of the armed forces) must suspend their operations for 15 days or more in the period from January 01st. May 5 to the end of December 2021, 31 at the request of competent state agencies to prevent and control the COVID-12 epidemic.

Article 29. Support level and payment method

1. Support level: 3.710.000 VND/person.

2. Payment method: One-time payment to employees.

Article 30. Dossier, order and procedures for implementation

1. Public non-business units with the function of performing arts (including units affiliated to central agencies) shall make a list of public employees engaged in art activities who satisfy the conditions prescribed in Article 28 of this Decision. (Form No. 09 in the Appendix issued with this Decision) to the Department of Culture, Sports and Tourism/Department of Culture and Sports/Department of Culture, Information, Sports and Tourism where the head office is located. (hereinafter collectively referred to as provincial-level specialized cultural agencies). The deadline for receiving dossiers is the end of January 31, 01.

2. Within 03 working days from the date of receipt of the List at the request of the public non-business unit with the function of performing arts, the provincial specialized cultural agency shall summarize, appraise and submit it to the Commission. Provincial People's Committee.

3. Within 02 working days from the date of receipt of the list from the specialized cultural agency of the province, the People's Committee of the province shall issue a decision approving the list and support funding; at the same time directing the implementation of support. In case of refusal, the People's Committee of the province shall notify in writing and clearly state the reason.

Section 2. TOURIST GUIDE SUPPORT ONLY

Article 31. Objects and conditions of support

Tour guides are supported when the following conditions are met:

1. Having a tour guide card in accordance with the Law on Tourism.

2. Having a labor contract with a tour guide business or a tourist guide service provider or a member of a socio-professional organization on tour guiding, for tour guides international tour guide and domestic tour guide; assigned by the organization or individual to manage the tourist area or tourist spot for the on-site tour guide.

Article 32. Support level and payment method

1. Support level: 3.710.000 VND/person.

2. Payment method: One-time payment to employees.

Article 33. Dossier of application

1. Request for support using Form No. 10 in the Appendix issued with this Decision;

2. A certified true copy or a copy enclosed with the original for comparison of one of the following papers:

a) A copy of the labor contract with the travel service business or the tour guide service provider, valid from January 01, 01 to the time of application submission.

b) Membership card of a socio-professional organization on tour guide.

Article 34. Order and procedures for implementation

1. The tour guide who needs assistance shall send an application to the Department of Tourism/Department of Culture, Sports and Tourism/Department of Culture, Information, Sports and Tourism (hereinafter collectively referred to as "Department of Culture, Information, Sports and Tourism"). specialized tourism agency at the provincial level) where the card is issued to the tour guide. The deadline for receiving dossiers is the end of January 31, 01.

2. Within 02 working days from the date of receipt of a complete dossier of request for support, the specialized tourism agency of the province shall appraise and make a list of requests for support and submit it to the provincial People's Committee for decision.

3. Within 02 working days from the date of receipt of complete dossiers from the specialized tourism agency of the province, the People's Committee of the province shall issue a decision approving the list and funding for support, and at the same time only support implementation. In case of refusal, the People's Committee of the province shall notify in writing and clearly state the reason.

Chapter IX

SUPPORT BUSINESS SUPPORT #

Article 35. Objects and conditions of support

Business households are supported when they fully meet the following conditions:

1. Having business registration, tax registration.

2. Must stop operating for 15 consecutive days or more during the period from May 01, 5 to December 2021, 31 at the request of a competent state agency to prevent and control the COVID-12 epidemic.

Article 36. Support level and payment method

1. Support level: 3.000.000 VND/business household.

2. Payment method: One-time payment to business households.

Article 37. Dossier, order and procedures for implementation

1. The business household sends a request for support using Form No. 11 in the Appendix issued with this Decision to the commune-level People's Committee of the locality where the business is located. The deadline for receiving dossiers is the end of January 31, 01.

2. Within 03 working days, the commune-level People's Committee shall certify the business household's business suspension; public posting; summarize and report to the Tax Department.

3. Within 02 working days, the Sub-department of Taxation shall assume the prime responsibility for, and coordinate with relevant agencies in, appraising and submitting it to the district-level People's Committee for a summary.

4. Within 02 working days, the district-level People's Committees shall review, summarize and submit them to the provincial-level People's Committees.

5. Within 02 working days, the People's Committee of the province shall issue a decision approving the list and funding for support; at the same time directing the implementation of support. In case of failure to support, the provincial People's Committee shall notify in writing and clearly state the reason.

Chapter X

SUPPORTING EMPLOYERS LOAN TO PAY SALARY STOP WORK, PAY SALARY RESTORE PRODUCTION #

Article 38. Conditions for borrowing capital

1. Employers may borrow capital to pay salary to stop working when fully meeting the following conditions:

a) Having an employee working under a contract who is participating in compulsory social insurance up to the month preceding the time the employee stops working and must stop working for 15 consecutive days or more as prescribed in Clause 3, Article 99. Labor Code for the period from May 01, 5 to the end of March 2021, 31.

b) There is no bad debt at the credit institution and foreign bank branch at the time of loan application.

2. Employers may borrow capital to pay wages to employees when restoring production and business when fully meeting the following conditions:

a) For employers who have to suspend operations at the request of competent state agencies to prevent and control the COVID-19 epidemic from May 01, 5 to the end of March 2021, 31

– Employers must suspend operations at the request of competent state agencies to prevent and control the COVID-19 epidemic from May 01, 5 to the end of March 2021, 31.

- There are employees working under contracts who are participating in compulsory social insurance up to the time of applying for loans.

Having a plan or plan to restore production and business.

– No bad debt at credit institutions, foreign bank branches at the time of loan application.

b) For employers operating in the fields of transport, aviation, tourism, accommodation services and sending Vietnamese workers to work abroad under contracts to restore production and business business

- There are employees working under contracts who are participating in compulsory social insurance up to the time of applying for loans.

Having a plan or plan to restore production and business.

– No bad debt at credit institutions and foreign bank branches, completed tax finalization in 2020 at the time of loan application.

Article 39. Loan level, loan term, disbursement term

1. Loan to pay salary for work stoppage: The maximum loan amount is equal to the regional minimum wage for the number of employees according to the time of actual pay stoppage payment up to 03 months; loan term less than 12 months.

2. Loans to pay salaries for employees when production is restored: The maximum loan amount is equal to the regional minimum wage for employees working under labor contracts. The maximum time to enjoy the support policy is 03 months; loan term less than 12 months.

3. The disbursement of the Bank for Social Policies to the employer for the months of May, June and July of 5 is made once; the disbursement period is until the end of April 6, 7 or when the disbursement is complete, VND 2021 billion will be refinanced by the State Bank of Vietnam, whichever comes first.

Article 40. Dossier, order and procedures for implementation

1. An application for a loan includes:

a) Loan application form, made according to Forms 12a, 12b, 12c in the Appendix issued with this Decision.

b) List of employees participating in social insurance according to Forms 13 a, 13b, 13c in the Appendix issued with this Decision.

c) A certified copy or a copy enclosed with the original for comparison of one of the following papers: Certificate of business registration/Certificate of registration of cooperatives/business households; Establishment decision of a competent state agency (if any); Business License/Operation License/Practice Certificate (for conditional business lines or prescribed by law); Investment License/Investment Certificate (for enterprises established by foreign investors).

d) Power of attorney (if any).

dd) A copy of the document stating that the employer must suspend operations at the request of a competent state agency to prevent and control the COVID-19 epidemic from May 01, 5 to the end of May 2021, 31. March 3, 2022 (for loans to pay salaries to restore production and business).

e) The plan or plan to restore production and business for the subjects specified in Clause 2, Article 38 of this Decision.

g) A copy of the notice of corporate income tax finalization in 2020 of the tax authority for the employer specified at Point b, Clause 2, Article 38 of this Decision.

2. Employers themselves declare, make a list, and take responsibility before law for the accuracy and truthfulness of the number of employees who have stopped working and the number of employees working under contracts who are participating in social insurance. compulsory association; restore production and business, pay wages to employees; be responsible for repaying the loan in full and on time to the Bank for Social Policies and meeting the loan conditions as prescribed in Article 38 of this Decision.

3. The employer requests the social insurance agency to confirm the list of employees participating in social insurance. Within 02 working days from the date of receipt of the list, the social insurance agency shall certify the employee's participation in social insurance, serving as a basis for the Bank for Social Policies to lend.

4. The employer sends the loan application file to the Bank for Social Policies where the head office or branch, representative office, business location or residence for business households and individuals is located. . The deadline for receiving loan applications is no later than the end of March 25, 3.

5. Within 04 working days from the date of receipt of the employer's complete application for a loan, the Bank for Social Policies approves the loan. In case of refusal to lend, a written notice clearly stating the reason shall be sent to the employer.

6. Within 03 working days from the date of receiving the refinancing, the Bank for Social Policies will disburse funds to the employer.

Article 41. Loan capital sources, management expenses

1. The source of capital for the Social Policy Bank to provide loans to employers according to the provisions of this Decision is a refinanced loan of up to VND 7.500 billion, without collateral, with an interest rate of 0%. /year from the State Bank of Vietnam. The time limit for disbursement of refinancing of the State Bank of Vietnam is until the end of March 31, 3 or when the refinancing source is fully disbursed, whichever comes first.

2. The State budget shall grant management fees from development investment expenditures to the Bank for Social Policies at the rate of 1%/year on the actual disbursed debt balance according to the provisions of this Decision.

Article 42. Transfer of overdue debts and handling of loan risks at the Bank for Social Policies

1. When the debt is due, if the employer fails to repay the loan or the employer violates the signed credit contract, the Bank for Social Policies shall transfer the entire remaining balance of the loan. loans to overdue debts and the overdue interest rate is 12%/year. The overdue interest to be recovered shall be deducted from the administrative expenses of the Bank for Social Policies, which is allocated annually by the state budget.

2. After 03 years from the date the employer's loan is transferred to overdue debt, after the Social Policy Bank has applied all measures, the debt cannot be recovered and the employer does not debt repayment capacity due to the reasons specified in the regulation on risk handling of the Bank for Social Policies; The Bank for Social Policies summarizes, compiles risk treatment dossiers according to the guidance and reports to the State Bank of Vietnam.

3. The State Bank of Vietnam shall assume the prime responsibility for, and coordinate with ministries, agencies and localities in, summarizing, considering and deciding on risk handling.

4. In case the Bank for Social Policies recovers a debt which has been written off, the recovered amount shall be deducted from the administrative expenses of the Social Policy Bank, which is allocated annually by the state budget.

Article 43. Handling of risks of refinancing debts at the State Bank of Vietnam

The State Bank of Vietnam decided to handle the risk of refinancing loans of the Bank for Social Policies according to Point b, Clause 5, Section III of Resolution No. 68/NQ-CP dated July 01, 7 of the Government. .

Chapter XI

TERMS ENFORCEMENT #

Article 44. Implementation organization

1. Ministers of Labor - Invalids and Social Affairs, Finance, Planning and Investment, Culture, Sports and Tourism, Governor of the State Bank of Vietnam and Ministers and Heads of agencies ministerial-level agencies and government-attached agencies to formulate plans and coordinate in organizing the implementation of this Decision according to their functions and tasks; in case of exceeding its competence, it shall be reported to the Prime Minister for consideration and decision.

2. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Government Office and ministries, branches and localities in, developing, implementing and providing online public services on the National Public Service Portal; monitor, guide, summarize and update reports on the results of the implementation of support for subjects under this Decision, connect, and provide reporting data with the Government information and reporting system.

3. The presidents of the People's Committees of the provinces and centrally-run cities are responsible for organizing the implementation to ensure publicity, transparency and compliance with regulations.

4. On the 25th of every month, the Vietnam Social Security, the Bank for Social Policies, the People's Committees of the provinces and centrally-run cities report on the implementation results to the Ministry of Labor, War Invalids and Social Affairs. , Ministry of Finance, Ministry of Planning and Investment, State Bank of Vietnam to summarize and report to the Government according to regulations.

5. Request the Central Committee of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor and socio-political mass organizations to participate in the dissemination, coordination, implementation and supervision of the implementation of the Decision this.

6. The implementation of support policies in this Decision must comply with the provisions of Point 2, Section I, of Resolution No. 68/NQ-CP dated July 01, 7 of the Government. Subjects who are concurrently eligible for the support policies specified in this Decision and the support policies according to local regulations will only be entitled to the highest support policy.

Article 45. Handling of violations

Agencies, organizations and individuals that take advantage of the policies specified in this Decision to make personal profit or violate the law shall, depending on the nature and seriousness of their violations, pay compensation, be disciplined, and be sanctioned for their violations. administrative violations or prosecute them for penal liability in accordance with law.

Article 46. Enforcement

1. This Decision takes effect from the date of signing for promulgation.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of People's Committees of provinces and centrally run cities, heads of related agencies, units and organizations Support activities for employees and employers facing difficulties due to the COVID-19 pandemic are responsible for implementing this Decision.