Quyết định 15/2020/QĐ-TTg thực hiện chính sách hỗ trợ người dân gặp khó khăn do COVID-19

DECISION

Providing regulations on the implementation of policies to support people facing difficulties due to the COVID-19 pandemic

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Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the Government’s Resolution No. 42/NQ-CP dated April 09, 2020 on measures to support people affected by the COVID-19 epidemic;

At the proposal of the Minister of Labor, War Invalids and Social Affairs;

The Prime Minister hereby promulgates the Decision on providing regulations on the implementation of policies to support people facing difficulties due to the COVID-19 pandemic.

CHAPTER I

SUPPORTING EMPLOYEES WHO TEMPORARILY SUSPEND THEIR LABOR CONTRACTS OR TAKE UNPAID LEAVE

Article 1. Supporting conditions

An employee shall be supported if he/she fully meets the following conditions:

1. The period of suspending the performance of a labor contract or taking unpaid leave within the term of the labor contract is from 01 consecutive month or more, calculated from April 01, 2020 to the end of June 30, 2020. The time to start suspending the performance of a labor contract or taking unpaid leave: from April 01, 2020 to June 01, 2020.

2. He/she is contributing the compulsory social insurance up to the time before temporarily suspending the performance of a labor contract or taking unpaid leave.

3. Working at enterprises with no revenue or financial source to pay the salary (after using the wage reserve funds, profit after tax and other lawful financial sources of the enterprise, remaining until March 31, 2020) due to the impact of the COVID-19 pandemic.

Article 2. Dossiers, order and procedures

1. Dossiers of request shall be made in accordance with Appendix attached to this Decision.

2. An enterprise shall make a List of employees temporarily suspended from their labor contracts and taken unpaid leave, and request the grassroots trade unions (if any) and social insurance agencies to certify this List. Such employees must fully meet conditions specified in Article 1 of this Decision.

3. Within 03 working days, after receiving the List at the request of the enterprise, the social insurance agency shall certify the employee s participation in social insurance under the provisions of Clause 2, Article 1 of this Decision and send it to the enterprise.

4. An enterprise shall send the dossier to the commune-level People s Committee where the headquarter is located. Within 03 working days, from the date on which the sufficient dossier is received, the commune-level People’s Committee shall appraise and submit it to the Chairperson of provincial-level People’s Committee. Within 02 working days, from the date on which the sufficient dossier is received, the Chairperson of provincial-level People’s Committee shall issue the decision on approving the List and support fund; at the same time, direct the implementation of the support payment.

CHAPTER II

SUPPORTING BUSINESS HOUSEHOLDS

Article 3. Supporting conditions

1. The revenue managed by the tax management authority of a business household in 2020 is under VND 100 million, determined in January 15, 2020 in accordance with provisions of the law on tax administration.

2. Temporarily suspended the operation from April 01, 2020 according to the decision on implementing the Prime Minister’s Directive No. 15/CT-TTg dated March 27, 2020 of the Chairperson of provincial-level People’s Committee.

Article 4. Dossiers, order and procedures

1. Dossiers of request shall be made in accordance with Appendix attached to this Decision and sent to the commune-level People’s Committee.

2. Within 05 days, the commune-level People’s Committee shall confirm the temporary suspension of operation of a business household; public posting; summarize and report to the District Tax Department. Within 02 working days, the District Tax Department shall assume the prime responsibility for, and coordinate with relevant agencies in appraising and submitting to the district-level People’s Committee for summary. Within 03 days, the district-level People’s Committee shall review, summarize and submit to the Chairperson of provincial-level People’s Committee. Within 02 working days, the Chairperson of provincial-level People’s Committee shall promulgate a decision on approval of the List and support fund; at the same time, direct the support. In case of refusal, the Chairperson of provincial-level People’s Committee shall notify in writing and clearly stating reasons.

CHAPTER III

SUPPORTING EMPLOYEES WHO HAVE THEIR LABOR CONTRACTS TERMINATED OR HAVE LABOR CONTRACTS BUT ARE NOT ELIGIBLE FOR UNEMPLOYMENT BENEFIT

Article 5. Supporting conditions

An employee shall be entitled to financial support if fully meets the following conditions: Has signed in a labor contract or working contract before April 01, 2020 and is participating in compulsory social insurance; has terminated the labor contract or working contract from April 01, 2020 to the end of June 15, 2020 but is not eligible for unemployment benefit as prescribed by law; has no income or his/her income is lower than the near-poverty level as prescribed in the Prime Minister s Decision No. 59/2015/QD-TTg dated November 19, 2015.

Article 6. Dossiers, order and procedures

1. Dossiers of request shall be made in accordance with Appendix attached to this Decision.

2. The commune-level People’s Committee shall review and certify the income level, and summarize the List to be submitted to the district-level People s Committee.

3. The district-level People s Committee shall appraise and submit the provincial-level People’s Committee within 02 working days.  

4. The Chairperson of the provincial People s Committee shall decide on approval of the list of support and fund for support; and direct for payment of the support amount within 03 working days. In case of refusal, the Chairperson of the provincial People s Committee shall reply in writing and clearly state the reason.

Chapter IV

SUPPORTING EMPLOYEES WHO BECOME UNEMPLOYED DUE TO THE LACK OF CONTRACT SIGNING

Article 7. Supporting conditions

1. An employee who becomes unemployed due to the lack of contract signing shall be supported if fully meets the following conditions:

a) To become unemployed and his/her income from April 01, 2020 to June 30, 2020 is lower than the near-poverty level as prescribed in the Prime Minister s Decision No. 59/2015/QD-TTg dated November 19, 2015;

b) Legal residence in locality;

c) An employee works in the non-agricultural field, belonging to one of the following cases: Peddling, retailing without fixed locations; collecting rubbish and scrap; goods loading and transportation; driving 2-wheel motorbikes and passenger cyclos; mobile lottery retail; self-employed or working in business households in the fields of eating, accommodation, tourism and health care.

2. Based on the conditions and actual situation, the provincial-level People’s Committee shall decide other subjects entitled to support other than those as prescribed in Clause 1 of this Article. Funding for this support shall be covered by the local budget and other lawfully mobilized sources.

3. Funding for supporting the mobile lottery retailers shall be guaranteed from the lawful financial sources of construction lottery companies and is accounted into expenses according to the guidance of the Ministry of Finance.

Article 8. Dossiers, order and procedures

1. Dossiers of request shall be made in accordance with Appendix attached to this Decision and sent to the commune-level People’s Committee after the 15th of every month. In case the permanent place of residence and temporary residence of the employee are not in the same province or centrally-run city, if he/she requests to be entitled the support at the permanent place of residence, there must be certification by the commune-level People s Committee of the temporary place of residence that the request for support is not granted under this Decision and vice versa.

2. Within 05 working days, the commune-level People s Committee shall organize to review and make a list of subjects entitled to this support with the supervision of the representatives of socio-political organizations and publicly with residential community. The list of employees requested for support shall be publicly listed within 02 working days; the list of qualified employees shall be summarized and sent to the district-level People s Committee.

3. Within 02 working days, the district People s Committee shall appraise and submit to the provincial People s Committee.  

4. The Chairperson of the provincial People s Committee shall decide on approval of the list of support and fund for support; and direct for payment of the support amount within 03 working days. In case of refusal, the Chairperson of the provincial People s Committee shall reply in writing and clearly state the reason.

Chapter V

SUPPORT FOR PEOPLE WITH MERITORIOUS TO THE REVOLUTIONS; MEMBER OF POOR HOUSEHOLD, NEAR POOR HOUSEHOLD AND BENEFICIARY OF SOCIAL ASSISTANCE

Article 9. Support for people with meritorious to the revolutions

A revolutionary contributor enjoying monthly allowance (including relatives of people with meritorious benefits who are receiving monthly preferential allowances, war invalids who are receiving monthly labor incapacity regime) in the list of allowance beneficiary of April, 2020.

Article 10. Support for member of poor household, near poor household

Member of the poor household and near-poor household in the List of poor household and near-poor household until December 31, 2019 on the local which recognized by the competent authorities decide according to the national poverty line as prescribed in the Decision No. 59/2015/QD-TTg dated November 19, 2015 of the Prime Minister.

Article 11. Support for the beneficiary of social assistance

The beneficiary of social assistance enjoying monthly allowance in the list of beneficiary of social assistance in April, 2020.

Article 12. Approve the list and support funding

The Chairperson of the provincial People s Committee shall direct the review, consideration and approval of the list and support funding in the Appendix attached to this Decision; at the same time directing the implementation of support payments.

Chapter VI

SUPPORTING EMPLOYER FOR BORROWING CAPITAL TO PAY FOR JOB-STOPPING WAGE OF THE EMPLOYEE

Article 13. Criteria for capital borrowing     

1. Having 20% or 30 or more employees who are participating in social insurance and are forced to stop working for 01 or more consecutive months; already paid at least 50% of the job-stopping wage in advance for employees during the period from April 01, 2020 to the end of June 30, 2020.

2. Being in financial difficulties, unable to balance the financial sources to pay the job-stopping wage for the employee, have used up the wage reserve fund to pay for employee stopped working.

3. Having no bad debt at any credit institution, branch of foreign bank at December 12, 2019.

Article 14. Dossiers and procedures for certification and approval of employers eligible for loans

1. The dossier for application shall be made as prescribed in Appendix attached to this Decision.

2. No later than the fifth day monthly, employer having demand shall submit a dossier to the district People s Committee where locates the head office or branch, representative office, business location or residence resides (for business households or individuals).

3. Within 03 working days, from the date on which the sufficient dossier is received, the commune-level People’s Committee shall appraise, summarize the list in the Appendix attached to this Decision, and submit it to the Chairperson of provincial-level People’s Committee.

4. Within 02 working days from the date of received the sufficient dossier of the district People’s Committee, the Chairperson of provincial-level People’s Committee shall decide to approve the list as prescribed the Appendix attached with this Decision, send it to Vietnam Bank for Social Policies branch and the employer in the list. In case of refusal, the Chairperson of the provincial People s Committee shall reply in writing and clearly state the reason.

Article 15. Loan approval and organization of disbursement

1. Within 03 working day from the date of received the sufficient dossier for capital loans as guidance of the Social Policy Bank and Decision on approval of the Chairman of the provincial People s Committee, Vietnam Bank for Social Policies shall approve the loans. In case of refusal, Vietnam Bank for Social Policies shall reply in writing and clearly state the reason to the employer.

2. Disbursement of Vietnam Bank for Social Policies shall be carried out until the end of July 31, 2020.

Article 16. Funding source for loans and management expenses

1. The funding source for Vietnam Bank for Social Policies to lend to employers under the provisions of this Decision is to refinance loans without security assets with the interest of 0% per annum from the State Bank of Vietnam.

2. The State budget shall provide management fees for loans provided for in this Decision in accordance with current regulations on financial management mechanism applicable to Vietnam Bank for Social Policies.

Article 17. Converting overdue debts and handling loan risks at Vietnam Bank for Social Policies

1. At the due of the loans, if the employer unable to repay the loans, Vietnam Bank for Social Policies shall convert all the remain debt into overdue debt with the interest of overdue debt of 12% per annum. The collected overdue interests will be deducted from the management fee of Vietnam Bank for Social Policies which is annually allocated by the state budget.

2. After 03 years from the date the employer debt is converted to overdue debt, after Vietnam Bank for Social Policies has taken all measures but cannot recover the debt and the employer is no longer able to repay the debt due to the causes specified in the principal regulation on risk handling of Vietnam Bank for Social Policies, the Bank shall synthesize and comprise the dossier for risk handling as instructed and report to the State Bank of Vietnam.

3. The State Bank of Vietnam shall preside and coordinate with ministries, agencies and localities to synthesize, consider and decide on handling the risk.

4. In case the Social Policy Bank recovers the written-off debts, the recovered amount shall be deducted from the management fee of Vietnam Bank for Social Policies which is allocated annually by the State budget.

Article 18. Handling the risk of refinancing debt at the State Bank of Vietnam

The State Bank of Vietnam shall decide on handling the risk of refinancing debt of Vietnam Bank for Social Policies as prescribed in point b Clause 3 Section IV in the Resolution No. 42/NQ-CP dated April 09, 2020 of the Government.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 19. Responsibilities of relevant agencies

1. The Ministers of Ministries: The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Industry and Trade, the Ministry of Finance, the Governor of the State Bank of Vietnam and Minister, head of ministerial level agencies, central agencies shall guide (necessary contents), formulate the plans and organize the implementation of this Decision in accordance with their function and tasks; in case the situation is beyond the competent, such agencies shall report to the Prime Minister for consideration and decision.

2. The Government Office shall coordinate with the ministries, agencies and localities in choosing to provide online public services to subjects defined in this Decision on the National Public Service Portal in accordance with the law provisions on implementation of administrative procedures on the electronic environment.

3. The Chairperson of provincial level and municipal cities People s Committees shall take responsibility to implement and ensure the publicity, transparency and compliance to provisions. In case the locality has specific poverty line, the local poverty line shall be applied.

4. The Vietnamese Fatherland Front is requested to assume the prime responsibility for supervising the implementation of the support policy prescribed in this Decision.

Article 20. Violation handling

Individuals, agencies, organizations and enterprises abuse the policies prescribed in this Decision to make personal profits and violate the law, upon the nature and seriousness of the violation, shall be compensated, disciplined, administratively sanctioned or prosecuted for penal liability according to the provisions of law.

Article 21. Effect

1. This Decree takes effect on the signing date. Regimes prescribed in this Decision shall be applied from April 01, 2020.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People s Committees, heads of agencies, units and organizations related to activities to support people in difficulties due to the COVID-19 pandemic shall implement this Decision./.

The Prime Minister

Nguyen Xuan Phuc