Quyết định 32/2020/QĐ-TTg sửa Quyết định hỗ trợ người dân gặp khó khăn do COVID-19

DECISION

On amending and supplementing a number of articles of the Prime Minister’s Decision No. 15/2020/QD-TTg dated April 24, 2020 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 Law on Organization of the Government dated June 19, 2015;

Pursuant to the Government’s Resolution No. 154/NQ-CP dated October 19, 2020 on amending and supplementing 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 amending and supplementing a number of articles of the Prime Minister’s Decision No. 15/2020/QD-TTg dated April 24, 2020 providing regulations on the implementation of policies to support people facing difficulties due to the COVID-19 pandemic.

Article 1. To amend and supplement a number of articles of the Prime Minister’s Decision No. 15/2020/QD-TTg dated April 24, 2020 providing regulations on the implementation of policies to support people facing difficulties due to the COVID-19 pandemic as follows:

1. To amend and supplement Clause 3, Article 1 as follows:

Working at enterprises, people-founded and private education institutions, and public education institutions that exercise financial autonomy in terms of frequent expenditures at early childhood, pre-primary, primary, lower secondary and upper secondary level (hereinafter referred to as education institutions) with no revenue or financial source to pay the salary (after using the wage reserve funds, after-tax profit and other lawful financial sources of the enterprise and education institutions), due to the impact of the COVID-19 pandemic”.

2. To amend and supplement Clauses 2, 3 and 4, Article 2 as follows:

“2. An enterprise or education institution 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 or education institution, 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 or education institution.

4. An enterprise or education institution shall send the application to the district-level People s Committee where the head office is located. Within 03 working days, from the date on which the sufficient application is received, the district-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 application 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.”

3. To amend and supplement Clause 1, Article 13 as follows:

“1. Having an employee participating in compulsory social insurance that are required to stop working for 01 consecutive month or more during the period from April 01, 2020 to the end of December 31, 2020.”

4. To amend and supplement Clause 2, Article 13 as follows:

“2. The employer s turnover in the first quarter of 2020 reduced 20% or more, compared to the fourth quarter of 2019, or compared to the revenue of the preceding quarter before the time of consideration for entitlement of the decrease by 20% or more over the same period in 2019.”

5. To repeal Article 14.

6. To amend and supplement Article 15 as follows:

“Article 15. Applications, order and procedures for loan, loan approval and disbursement organization

1. Loan application

a) An application for loan shall be made according to the form attached to this Decision.

b) An employer shall make a declaration by himself/herself, and take responsibility before law for the accuracy and truthfulness of the number of employees have to stop working and the data to determine the turnover satisfying loan conditions as prescribed in this Decision.

2. No later than the 5thof each month, the employer shall send the loan application to the Bank of Social Policy where the head office or branch, representative office, business location is located or where he/she resides (for business households and individuals).

3. When submitting an application for support, an employer shall provide the following original documents for the bank’s inspection and comparison:

a) Document suitable to the form of operation: Enterprise registration certificate/cooperative or business household registration certificate; decision on establishment issued by the competent state agency (if any); business license/operation permit/practice certificate (for conditional business lines or for the cases prescribed by law); investment permit/investment certificate (for enterprises established by foreign investors).

b) Power of attorney (if any).

c) Written agreement on job-stopping between the employer and employee.

4. Within 05 working days, after receiving the sufficient loan application from the employer, the Bank of Social Policy shall approve the loan. In case of refusal, it shall send a written notice which clearly state the reason to the employer.

5. The Bank of Social Policy shall carry out the disbursement until the end of January 31, 2021.”

Article 2. Effect

1. This Decision takes effect on the date of its signing.

2. Form No. 11 - Loan request for payment of job-stopping wage for employees; Form No. 12 - List of employees required to stop working due to Covid-19 pandemic (of an enterprise); Form No. 13 - List of employers entitled to borrow capital to pay job-stopping wage; and Form No. 14 - List of employees required to stop working (at provincial level) attached to the Prime Minister s Decision No. 15/2020/QD-TTg dated April 24, 2020, providing regulations on the implementation of policies to support people facing difficulties due to the COVID-19 pandemic shall be repealed and replaced by Form No. 11a - Loan application for payment of job-stopping wage for employees and Form No. 11b - List of employees required to stop working due to Covid-19 pandemic, enclosed with this Decision.

3. Ministers, heads of ministerial-level agencies and government-attached agencies, Chairpersons of People’s Committees of provinces and centrally-run cities, agencies, units and organizations engaged in supporting people affected by the COVID-19 pandemic shall be responsible for the implementation of this Decision./.

* All Appendices are not translated herein.