On April 01, 04, Ho Chi Minh City Social Insurance issued Official Letter No. 2020 / SLĐTBXH-LD.
Ref: Guidance on application for determining the number of employees who are subject to temporary social insurance temporarily leave their jobs for businesses affected by Covid-19 epidemic.
Content of dispatch 9739 / SLĐTBXH-LD
Subjects of application:
Enterprises, agencies, organizations, cooperatives, households and individuals (collectively referred to as enterprises) that hire or employ employees under labor contracts in the passenger transport services , tourism, accommodation, restaurants and other special industries meet difficulties caused by the Covid-19 epidemic, leading to inability to arrange jobs for workers, in which the number of employees is subject to social insurance. to temporarily take leave from 50% of the total number of employees present before suspending production or business or more.
1. Implementation procedure
Comply with the provisions of Article 28 of the Circular No. 59/2015 / TT-BLDTBXH dated December 29, 12 of the Ministry of Labor - Invalids and Social Affairs and Decision No. 2015 / LĐTBXH-BHXH dated June 840, 28 of Ministry of Labor - Invalids and Social Affairs.
2. Profile components
Enterprise makes dossier (quantity: 01 original) including:
- Written request of the enterprise (Form No. 1); Sample number 1
- List of employees at the time prior to the suspension of production and business and at the time of request (Form No. 2);
- List of employees who are subject to social insurance and must temporarily take leave (Form No. 3).
- In addition to the above dossier (original), the enterprise is responsible for providing documents for comparison (a copy), including: Business registration certificate; papers related to the business suspension of production or business by Covid-19 translation; timesheet, payroll at the time before suspending production and business and at the time of written request; papers related to the employee temporarily leaving his job (agreement to suspend the labor contract, agreement to leave unpaid work, to stop working ...); notify the results of monthly payment of social insurance, health insurance (health insurance), unemployment insurance (unemployment insurance), occupational accident and disease insurance (occupational accident and disease insurance) issued by the social insurance agency (payment result period of the most recent month).
3. Place of receipt
Enterprises make a written request enclosed with a list of employees at the time before suspending production and business and at the time of request; List of employees who are subject to social insurance and must temporarily take leave:
- a) To the ministries or central branches: for enterprises under the ministries or central branches for management for certification.
- b) Send to the Department of Labor - Invalids and Social Affairs of Ho Chi Minh City for certification to: one-member limited liability companies owned by the State, joint-stock companies with over 50% of ownership held by the State charter capital managed by the People's Committee of Ho Chi Minh City; foreign investors in accordance with the Law on Investment.
- c) Send it to the Division of Labor - Invalids and Social Affairs of the district (where the head office of the enterprise is located) for certification to the remaining enterprises (except for the enterprises mentioned in Points a and b above).
4. How to send records
Due to the complicated developments of Covid-19, the Department of Labor, War Invalids and Social Affairs suggested that enterprises give priority to sending online dossiers via email and mail delivery, ..., restricting direct contact with Related departments and branches. In case it is necessary to contact directly, suggest that businesses apply full safety precautions to protect public health.
- a) For enterprises that send dossiers to the Department of Labor - Invalids and Social Affairs:
Enterprises send scanned copy (PDF file) of the proposal, Excel file for the list of employees and related documents via email of the Division of Labor - Salary - Social insurance of Department of Labor - Invalids and Social Affairs (email@example.com) to see the settlement first. Then, send the original file for comparison via mail delivery before the Department issues a written response to the business.
- b) For enterprises that send their dossiers to the District Labor - Invalids and Social Affairs Division:
The Department of Labor, War Invalids and Social Affairs shall guide enterprises under their management, prioritize the use of online services and via mail delivery to the unit to create convenience for businesses, ensuring the Measures for the prevention and prevention of outbreaks of Covid-19.
5. Time limit for settlement
Within 15 working days from the date of receipt of the enterprise's dossier, the Department of Labor - Invalids and Social Affairs, the Division of Labor - Invalids and Social Affairs of the district is responsible for reviewing, determining and having text reply for business.
III. Organization of implementation
- For Businesses
- Make, send records in accordance with instructions; take responsibility for documents and contents declared to the Labor - Invalids and Social Affairs agency.
- During the time of suspension of retirement and death fund, in case the employee leaves his / her job, he / she must terminate the labor contract or move or settle the social insurance regime, the enterprise shall contact the social insurance agency for guidance.
- The payment of discontinuation wages and the settlement of benefits for employees during the period of work stoppage due to the influence of the Covid-19 epidemic, enterprises comply with the instructions in Official Dispatch No. 9403 / SLDTBXH-LĐ dated March 27, 3. Department of Labor - Invalids and Social Affairs (posted on the website of the Department http://sldtbxh.hochiminhcity.gov.vn → Labor news, employment).
- In case an enterprise requests to determine over 50% of the total value of the damaged asset as a basis for requesting the social insurance agency to suspend payment to the retirement and survivorship fund due to the effects of Covid-19 epidemic, Enterprises contact the Department of Finance for guidance according to their competence specified in Article 16 of the Government's Decree No. 115/2015 / ND-CP dated 11/11/2015, Article 28 of Circular No. 59/2015 / TT- MOLISA dated December 29, 12 of the Ministry of Labor - Invalids and Social Affairs.
- Division of Labor - Invalids and Social Affairs of the district
- Guide, receive and respond to businesses as prescribed.
- Periodically before the 05th of each month, send a report on the implementation result in accordance with Form 4, PDF and Excel files) via email to the Department of Labor - Salary - Social Insurance under the Department of Labor - Invalids and Social for general monitoring and synthesis.
- Department of Labor - Invalids and Social Affairs
- The Division of Labor - Salary - Social Insurance, Department Office is assigned to guide, receive, and handle answers to enterprises according to regulations.
- Urge and guide the District Department of Labor, War Invalids and Social Affairs in reviewing and processing enterprise's records.
- Periodically before the 10th of each month, to sum up and report to Department Director the results of implementation to the Ministry of Labor, War Invalids and Social Affairs and the People's Committee of the city.
During the implementation process, if any questions arise, the Department of Labor, War Invalids and Social Affairs of the district or district should be reported to the Department of Labor, War Invalids and Social Affairs (Department of Labor, War Invalids and Social Affairs). social insurance), address: 31, Street 13, National Highway 13, Hiep Binh Chanh Ward, Thu Duc District, phone number: (028) 38.202.634 - (028) 38.295.900; email: firstname.lastname@example.org; or contact us by phone: 0918.906.209 (Mr. Nguyen Bao Cuong - Deputy Head of LLDBHXH), 0983.222.941 (Ms. Nguyen Hong Ha - Deputy Head of LISA Division), 0903.131.162 (Mr. Ho Tran Hoang Anh - Expert) to tutorial./.
The process of applying for postponement of closure
Notice to Expertis
- Expertis customers please inform us the need for support.
- Expertis will guide customers to prepare documents according to the guidance of the Labor - Invalids and Social Affairs agency to determine the number of employees participating in the social insurance temporarily taking leave compared to the total number of employees present before suspend production and business.
- Expertis will support tracking results from Labor - Invalids and Social Affairs agencies and notify customers directly in case of approval.