On April 1, 2020, the Ho Chi Minh City Social Insurance issued công văn (official letter) No. 9739/SLĐTBXH-LĐ.
Regarding guidance on documentation for determining the number of employees temporarily laid off and eligible for social insurance participation in businesses affected by the Covid-19 pandemic.
Official document No. 9739_SLĐTBXH_LĐ dated 01_4_2020_0001.signed
I. Scope of Application
Businesses, agencies, organizations, cooperatives, households, and individuals (collectively referred to as businesses) that employ workers under labor contracts in passenger transport, tourism, accommodation, restaurant services, and other special sectors facing difficulties due to the Covid-19 pandemic, resulting in the inability to provide employment for workers, where the number of workers covered by social insurance who have to temporarily cease work is 50% or more of the total number of workers present before the temporary suspension of production or business.
1. Implementation procedure
In accordance with the provisions of Article 28 of Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labour, Invalids and Social Affairs and Decision No. 840/LDTBXH-BHXH dated June 28, 2016 of the Ministry of Labour, Invalids and Social Affairs.
2. Document components
The business prepares the following documents (01 original copy):
- Business proposal form (Form No. 1);
- List of employees at the time before the temporary suspension of production and business operations and at the time of the request (Form No. 2);
- List of employees covered by social insurance who are temporarily laid off (Form No. 3).
See more: Sample number 1Samples 2, 3, and 4
Other records:
In addition to the above documents (originals), businesses are responsible for providing copies for verification, including: Business registration certificate; documents related to the temporary suspension of production and business due to the Covid-19 pandemic; time sheets and payroll lists at the time before the temporary suspension of production and business and at the time of the request; documents related to employees temporarily laid off (agreement to temporarily suspend employment contracts, agreement to take unpaid leave, work stoppage, etc.); monthly notification of social insurance, health insurance, unemployment insurance, and occupational accident and disease insurance contributions issued by the social insurance agency (for the most recent month).
3. Reception location
Businesses must submit a written request along with a list of employees at the time before temporarily suspending production and business operations, and at the time of the request; and a list of employees covered by social insurance who must temporarily cease work.
a) Submit to central ministries and agencies: for businesses under the management of central ministries and agencies for confirmation.
b) Submit to the Department of Labor, War Invalids and Social Affairs of Ho Chi Minh City for confirmation for: single-member limited liability companies owned by the State, joint-stock companies in which the State holds more than 50% of the charter capital under the management of the People's Committee of Ho Chi Minh City; foreign investors as stipulated in the Investment Law.
c) Send the confirmation to the District/County Department of Labor, War Invalids and Social Affairs (where the enterprise has its head office) for the remaining enterprises (excluding those mentioned in points a and b above).
4. How to submit your application
Due to the complex developments of the Covid-19 pandemic, the Department of Labor, War Invalids and Social Affairs requests that businesses prioritize submitting documents online via email and postal mail, and limit direct contact with relevant departments and agencies. In cases where direct contact is necessary, businesses are requested to fully implement safety measures to protect public health.
a) For businesses submitting applications to the Department of Labor, War Invalids and Social Affairs:
Businesses should send scanned copies (PDF files) of the application, Excel files of the employee list, and related documents via email to the Department of Labor, Wages, and Social Insurance under the Department of Labor, War Invalids and Social Affairs (ldtlbhxh.sldtbxh@tphcm.gov.vn) for preliminary review. Afterwards, send the original documents for verification via postal mail before the Department issues a response to the business.
b) For businesses submitting applications to the District/County Department of Labor, War Invalids and Social Affairs:
The Department of Labor, War Invalids and Social Affairs guides businesses under its management to prioritize the use of online services and postal delivery to facilitate businesses while ensuring COVID-19 prevention and control measures.
5. Time limit for resolution
Within 15 working days from the date of receiving the enterprise's application, the Department of Labor, War Invalids and Social Affairs, and the District/County Department of Labor, War Invalids and Social Affairs are responsible for reviewing, determining, and providing a written response to the enterprise.
II. Implementation
1. For Businesses
- Prepare and submit documents according to instructions; be responsible for the documents and information declared to the Department of Labor, War Invalids and Social Affairs.
- During the temporary suspension of pension and death benefit contributions, if an employee's employment is terminated due to Covid-19, relocation, or the settlement of social insurance benefits, the employer should contact the social insurance agency for guidance.
- Regarding the payment of wages and settlement of benefits for employees during periods of work stoppage due to the impact of the Covid-19 pandemic, businesses should follow the guidelines in Official Letter No. 9403/SLĐTBXH-LĐ dated March 27, 2020, from the Department of Labor, War Invalids and Social Affairs (posted on the Department's website: http://sldtbxh.hochiminhcity.gov.vn → Labor and Employment News).
- In cases where businesses request that the value of damaged assets exceed 50% of the total asset value as a basis for requesting the Social Insurance agency to temporarily suspend contributions to the retirement and death benefit fund due to the impact of the Covid-19 pandemic, businesses should contact the Department of Finance for guidance in accordance with the authority stipulated in Article 16 of Government Decree No. 115/2015/ND-CP dated November 11, 2015, and Article 28 of Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015, of the Ministry of Labor, War Invalids and Social Affairs.
2. District/County Department of Labor, War Invalids and Social Affairs
- Provide guidance, receive, and process responses to businesses in accordance with regulations.
- Periodically, before the 05th of each month, submit a report on implementation results (using Form No. 4, PDF and Excel files) via email to the Department of Labor, Wages and Social Insurance under the Department of Labor, War Invalids and Social Affairs for monitoring and overall compilation.
3. Department of Labour, War Invalids and Social Affairs
- The Department of Labor, Wages, and Social Insurance, and the Office of the Provincial Department, are responsible for guiding, receiving, and resolving issues for businesses in accordance with regulations.
- Urge and guide the District/County Departments of Labor, War Invalids and Social Affairs in reviewing and resolving business dossiers.
- Before the 10th of each month, compile and report the results of implementation to the Director of the Department, who will then forward them 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, please have the District Labor - War Invalids and Social Affairs Department and enterprises report to the Department of Labor - War Invalids and Social Affairs (Labor - Wages - Social Insurance Department), address: No. 31, Street 13, National Highway 13, Hiep Binh Chanh Ward, Thu Duc District, phone number: (028) 38.202.634 - (028) 38.295.900; email: ldtlbhxh.sldtbxh@tphcm.gov.vn; or contact by phone: 0918.906.209 (Mr. Nguyen Bao Cuong - Deputy Head of Labor - War Invalids and Social Insurance Department), 0983.222.941 (Ms. Nguyen Hong Ha - Deputy Head of Labor - War Invalids and Social Insurance Department), 0903.131.162 (Mr. Ho Tran Hoang Anh - Specialist) for guidance.
Notify Experts
- Expertis customers, please let us know if you need any assistance.
Prepare documents
- Expertis will guide clients in preparing the necessary documents according to the instructions of the Ministry of Labor, War Invalids and Social Affairs to determine the number of employees temporarily laid off who are eligible for social insurance benefits, compared to the total number of employees present before the temporary suspension of production and business operations.
Track the results
- Expertis will assist in monitoring the results from the Department of Labor, War Invalids and Social Affairs and will notify you directly if your application is approved.
