Are representative offices allowed to file documents for employees to receive rental assistance in Vietnam?
In Vietnam, are representative offices allowed to file documents for employees to receive rent support? In Vietnam, what is a representative office with this function? We work at the representative office of a company in Ho Chi Minh City. Can we make a dossier for employees to receive rent support? Thank you!
<subquestion>In Vietnam, are representative offices allowed to file documents for employees to receive rent support?</subquestion>
Pursuant to Article 3 of Decision 08/2022/QD-TTg stipulating the implementation of the policy of housing rental support for employees as follows:
1. Employers are enterprises, cooperatives or business households with business registration and have hired or employed laborers to work under an agreement.
2. Renting or boarding workers are those who reside at a rental or accommodation establishment and must pay a house rent to the owner of the establishment.
Accordingly, only "enterprises, cooperatives, business households with business registration" are subject to the application of Decision No. 08/202L/QD-TTg. Thus, the remaining types are not subject to application according to the provisions of Decision No. 08/2022/QD-TTg, including: Representative offices; agencies and organizations licensed to establish by competent agencies; Law-practicing organizations in Vietnam in accordance with the law; Business associations and associations established under the provisions of law... then employees are not eligible for support under Decision No. 08/2022/QD-TTg.
<subquestion>In Vietnam, what is a representative office with this function?</subquestion>
Pursuant to Clause 2, Article 44 of the Enterprise Law 2020 stipulates as follows:
2. Representative office is a dependent unit of an enterprise, having the task of representing by authorization for the interests of the enterprise and protecting those interests. Representative offices do not perform business functions of enterprises.
Accordingly, the representative office only has the function of representing the enterprise's interests and protecting those interests, but does not have a business function.
