CONTINUOUSLY ASSISTING EMPLOYEES AFFECTED BY THE COVID-19 PANDEMIC WHO SUBMITTED DOSSIERS BEFORE 20/12/2021

In order to support employees and employers affected by the Covid-19 pandemic, the National Assembly’s Standing Committee adopted Resolution No. 03/2021/UBTVQH15 (“Resolution 03”) dated September 24, 2021 on using 30.000 billion VNĐ from balance of the Unemployment Insurance Fund by the end of 2020 to support the employees affected by the Covid-19 pandemic who were or are participating in the unemployment insurance. The deployment of these subsidy policies had been implemented until the end of December 31, 2021.

However, on reality, there are still various employees who are eligible for the subsidies under Resolution 03 but have yet received any payment. Specifically, at the Report in the 14^th session of the National Assembly’s Standing Committee, the Ministry of Labor and Social Affairs reported on the remaining of over 400.000 unpaid workers under Resolution 03[1].

Given such situation, on August 11, 2022, the National Assembly’s Standing Committee (“NASC”) adopted Resolution No. 24/2022/UBTVQH15 (“Resolution 24”) on the continuous payment of the subsidies to employees in accordance with Resolution 03 to ensure their rights.

Accordingly, NASC allowed to use approximately 1.155 billion VND from balance of the Unemployment Insurance Fund by the end of 2021 to pay to the employees eligible for the subsidies, which have submitted dossiers on time as per regulations (no later than December 20, 2021).

The subsidy payment must be completed by September 12, 2022.

There are currently multiple observations on the subsidy beneficiaries under Resolution 24 because the current regulations are silent on whether the beneficiaries are those who have been paid, or those who have yet been paid but are subject to the subsidies and have submitted the applications on time according to Resolution 03. However, basing on the contents of the aforementioned Report of the Minister of Labor and Social Affairs, it can be understood that Resolution 24 is aimed to support the entities fall within the scope of Resolution 03 but has yet been actually paid. This not only shows the judiciousness of the welfare policies but also contributes to ensure the social justice.

Resolution 24 shall take effect from the adoption date.

[1] According to: https://quochoi.vn/tintuc/Pages/tin-hoat-dong-cua-quoc-hoi.aspx?ItemID=67417”.