HOW TO GET RENT ASSISTANCE?

I’m currently an employee who’s working in Noi Bai industrial zone (Ha Noi). Recently, I heard that workers will be supported with rent according to the new housing rental assistance policy. I didn’t sign any lease with my landlord, we only made a verbal agreement. Am I eligible for this rent assistance and what are the procedures to apply for it?

FDVN'S OPINION:

Thank you for reaching out and expressing your interest in the services of FDVN Law firm. Regarding your inquiry, we have considered the relevant regulations and here is some information that you may find helpful:

According to Article 4 of the Decision No. 08/2022/QD-TTg: An employee who is working for an enterprise in an industrial zone, export processing zone, or key economic zone is eligible for rent assistance if he/she satisfies all of the following criteria:

1. He/she has been renting accommodation from February 1, 2022 to June 30, 2022.

2. He/she has an indefinite-term employment contract or a fixed-term employment contract with a duration of at least 1 month which was concluded and performed before April 01, 2022.

3. He/she has been a compulsory social insurance participant (included in the social insurance agency’s list of participants of compulsory social insurance) in the month preceding the time the enterprise makes the list of employees applying for rent assistance.

In case where an employees is not required to participate in compulsory social insurance in accordance with Clause 4 Article 2 of Decree No. 115/2015/ND-CP promulgated on November 11, 2015 by the Government, which details a number of Articles of the Law on Social Insurance regarding compulsory social insurance, he/she must be included in the enterprise's payroll of the month preceding the time the enterprise makes the list of employees applying for rent support.

The procedure of applying for and receiving rent assistance is stated in Article 7 of this Decision as follow:

Step 1: The employee shall send a rent assistance application using Form No. 1 in the Appendix promulgated with this Decision to the enterprise for consolidation.  Form No.1 for rent assistance application requires the confirmation from the landlord, which includes signature, full name and phone number.

The enterprise shall make a list of employees applying for rent assistance using Form No. 2 based on its employees’ application and post it publicly up at the workplace for at least 3 working days. In case of any claim regarding eligible entities and eligibility criteria, the enterprise shall verify if they comply with Article 4 of this Decision within 2 working days.

Step 2: The enterprise shall send the list of employees applying for rent assistance to a social insurance agency to confirm the employees’ participation in compulsory social insurance. The social insurance agency must confirm the employees’ participation in compulsory social insurance within 2 working days after receiving the request.

Step 3: The enterprise shall send the applications to the People's Committee of the district where it locates its headquarter or branch, representative office, or manufacturing or business location. The enterprise may send one consolidated application for 2 or 3 months. This application shall be submitted no later than August 15, 2022.

Step 4: Within 2 working days after receiving the complete application, the District-level People's Committee shall appraise and present it to the province-level People's Committee.

Within 2 working days after receiving the complete application, the province-level People’s Committee shall promulgate a decision approving the list and rent assistance funds while directing the assistance payment. If the province-level People’s Committee rejects the application, it shall respond and provide clear explanations in writing.

Step 5: Within 2 working days after receiving the rent assistance funds from the province-level People’s Committee, the enterprise shall provide the payment for its employees.

In conclusion, according to the regulations mentioned above, you are not required to provide your lease or rental agreement in order to receive rent assistance. However, it is mandatory to get your landlord’s confirmation on the rent assistance application (using Form no.1 of Decision 08/2022/QĐ-TTg), which includes signature and phone number. 

This is our legal advice regarding your matter. We hope this answers your questions and should you have any further inquiries, please don’t hesitate to contact us.

Nguyen Van Anh - FDVN Law firm

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