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Decision No. 33/2021/QD-TTg amending and supplementing a number of articles of Decision No. 23/2021/QD-TTg on the implementation of a number of policies to support workers and employers having difficulty due to the Covid-19 pandemic

  • Perform: My Hanh, English translation by Hoang Duc
  • 18/11/2021

Accordingly, Decision No. 33/2021/QD-TTg has some notable contents as follows:

1. Adding elderly and persons with disabilities to subjects who are supported during treatment due to Covid-19 or medical isolation at the discretion of competent agencies. Particularly:

1.1 Subjects and conditions of support: Elderly people as prescribed in Clause 5 Article 5 of Decree 20/2021 and persons with disabilities  as prescribed in Clause 6 Article 5 of Decree No. 20/2021/ND-CP (persons with very severe disabilities, persons with severe disabilities) are being treated for COVID-19 (F0) or medical isolation for prevention and, fight COVID-19 (F1) at the discretion of the authorized agencies.

1.2 Level of support for the elderly and persons with disabilities during treatment due to Covid-19 infection or medical isolation as decided by competent authorities: In addition to the level of food fees assistance as prescribed in Decision No. 23/2021/QD-TTg, there is subsidy of 1,000,000 VND per person. In addition, the State Budget guarantees costs for expenses outside the scope of health insurance.

2. Amending and supplementing a number of provisions on subjects and conditions for supporting employees, including:

(i) Subjects and conditions for supporting employees to postpone the performance of labor contracts or leave without pay;

(ii) Subjects and conditions for supporting employees to stop their work.

(iii) Subjects and conditions for supporting employees to terminate labor contracts but are not eligible for unemployment benefits.

For example: Employees working under labor contracts must postpone the performance of labor contracts, leave without pay due to one of the following cases: Covid-19 treatment, medical isolation, in blockaded areas, unable to go to the work site due to the request of competent state agencies to prevent, Covid-19 prevention; Because the employer is suspended in whole or in part at the request of the competent state agency for Covid-19 prevention and control or has its head office, branch, representative office, production and business location in the area to take preventive measures, combating epidemics in accordance with the principles of Directive No. 16/CT-TTg or applying measures of inactivity/decommissioning/limited operation/conditional/conditional activities as prescribed in Resolution No. 128/NQ-CP or realigning production and labor to prevent,  COVID-19 support is supported when the following conditions are qualified:

- Suspending the performance of labor contracts, unpaid leave for the duration of the labor contract, for 15 consecutive days or more, from May 1, 2021 to December 31, 2021 and the time of suspension of the performance of the labor contract, unpaid leave from May 1, 2021 to December 31, 2021.

- Being participating in compulsory social insurance (listed on the list of compulsory social insurance participation of the social insurance agency) at the month the employee postpones the performance of the labor contract, takes unpaid leave or at the month before the employee postpones the performance of the labor contract, unpaid leave.

3. Amending and supplementing a number of conditions to support employees and employers to temporarily suspend payment to the retirement and death fund. Accordingly, the support condition is that the employer has paid enough social insurance or is temporarily suspending payment to the retirement and death fund until the end of January 2021  but is affected by COVID-19, leading  to a reduction of 10% of the number of employees participating in social insurance or more at the time of submitting the application compared to January 2021.

4. To amend and supplement procedures for requesting support for employers in training, fostering and improving vocational skills to maintain employment for employees.

5. To amend and supplement the conditions for borrowing loans for employers who borrow loans to pay work stoppage and production restoration salaries.

6. Additional support for households trading in agricultural, forestry, fishery, salt-making and street vendors, snacks, trip traders, mobile business, seasonal business, low-income service workers who do not have to register business households.

7. The provisions of this Decision shall not be applied to cases where they have been paid for support or have been approved by a competent authority but have not yet paid for support in accordance with Decision No. 23/2021/QD-TTg.

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Decision No. 33/2021/QD-TTg takes effect from November 6, 2021.

For more information, please see:

https://thuvienphapluat.vn/van-ban/Lao-dong-Tien-luong/Quyet-dinh-33-2021-QD-TTg-sua-doi-Quyet-dinh-23-2021-QD-TTg-493642.aspx