Công văn 3535/LĐTBXH-VL 2021 xác định đối tượng hưởng hỗ trợ theo Quyết định 28/2021/QĐ-TTg

To: The Vietnam Social Security

In response to the Official Dispatch No. 3138/BHXH-CSXH dated October 06, 2021 of the Vietnam Social Security on the above-mentioned issue, the Ministry of Labor, Invalids and Social Affairs gives the opinion as follows:

According to regulations in Article 43 of the Law on Employment, an employee is obliged to participate in unemployment insurance when concluding one of the following contracts: labor contracts or working contracts of indefinite time; labor contracts or working contracts of definite time; seasonal or job-based working contracts with a term of between full 03 months and under 12 months.

In accordance with Clause 2, Article 11 of the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015, on detailing a number of articles of the Law on Employment regarding unemployment insurance, an employee who is on maternity or sickness leave for at least 14 working days without receiving monthly salary from the employer but receives social insurance allowance, or who temporarily stops performing the signed labor contract or working contract under law regulations shall not be obliged to participate in unemployment insurance during the leave period.

According to Clause 1, Article 1 of the Prime Minister’s Decision No. 28/2021/QD-TTg dated October 01, 2021 on defining the implementation of support policy for employees and employers affected by the COVID-19 pandemic from the Unemployment Insurance Fund, beneficiaries include employees who are paying unemployment insurance premiums at the time of September 30, 2021 (in the social insurance agency’s list of participants in unemployment insurance). Besides, this content is stated in the Ministry of Justice’s Appraisal Report No. 139/BCTD-BTP dated September 28, 2021 on the Prime Minister’s draft Decision defining the implementation of support policy for employees and employers affected by the COVID-19 pandemic from the Unemployment Insurance Fund and is explained by the Ministry of Labor, Invalids and Social Affairs in the Report No. 138/BC-LDXHXH dated September 30, 2021 together with the Submission Report No. 84/TTr-LDTBXH dated September 30, 2021 to be submitted to the Prime Minister for the promulgation of the Decision No. 28/2021/QD-TTg.

Employees participating in unemployment insurance shall, therefore, be determined on the basis of labor contracts/working contracts having been signed with employers. At the time of September 30, 2021, employees that have not yet terminated labor contracts/working contracts, are in the social insurance agency’s list of participants in unemployment insurance, are determined as the one who are participating unemployment insurance and eligible for support based on the unemployment insurance premium payment period during which the employees have not yet received any unemployment allowance (including cases of temporarily stopping the performance of signed labor contracts or working contracts, being on leave without receiving the salary, work suspension, maternity leave, etc. during the period from January 01, 2020, to the end of September 30, 2021, as well as before January 01, 2020).

The above is the opinion of the Ministry of Labor, Invalids and Social Affairs for the implementation.