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THE MINISTRY OF
LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 351/QD-BLDTBXH
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Hanoi, March 29,
2024
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DECISION
ANNOUNCING AMENDED
EMPLOYMENT-RELATED ADMINISTRATIVE PROCEDURES UNDER STATE MANAGEMENT OF THE
MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM
THE MINISTER OF LABOUR, WAR INVALIDS AND SOCIAL
AFFAIRS OF VIETNAM
Pursuant to the Government’s Decree No.
62/2022/ND-CP dated September 12, 2022 defining the functions, tasks, powers
and organizational structure of the Ministry of Labour, War Invalids and Social
Affairs of Vietnam;
Pursuant to the Government’s Decree No.
63/2010/ND-CP dated June 08, 2010 on control of administrative procedures; the
Government’s Decree No. 48/2013/ND-CP dated May 14, 2013 on amendments to
Decrees on control of administrative procedures; the Government’s Decree No.
92/2017/ND-CP dated August 07, 2017 on amendments to Decrees on control of
administrative procedures;
At the request of the Director of the Department
of Employment,
HEREBY DECIDES:
Article 1. Amended employment-related
administrative procedures under the state management of the Ministry of Labour,
War Invalids and Social Affairs of Vietnam are enclosed herewith.
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Article 3.Chief of the Ministry Office,
Director of the Department of Employment, and heads of relevant units are
responsible for implementation of this Decision ./.
PP. MINISTER
DEPUTY MINISTER
Le Van Thanh
AMENDED
EMPLOYMENT-RELATED ADMINISTRATIVE PROCEDURES UNDER STATE MANAGEMENT OF THE
MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM
(Enclosed with
the Decision No. 351/QD-BLDTBXH dated March 29, 2024 of the Minister of Labour,
War Invalids and Social Affairs of Vietnam)
LIST OF PROVINCIAL-LEVEL ADMINISTRATIVE PROCEDURES
No.
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Name of
administrative procedure
Legal grounds
In-charge
authorities
Notes
1
2.000888
Participation in unemployment insurance
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Social insurance agencies
2
1.001978
Processing of application for unemployment
benefit
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Provincial Departments of Labour, War Invalids
and Social Affairs; Employment service centers
3
1.001973
Suspension of unemployment benefit
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Provincial Departments of Labour, War Invalids
and Social Affairs; Employment service centers
4
1.001966
Continued enjoyment of unemployment benefit
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Provincial Departments of Labour, War Invalids
and Social Affairs; Employment service centers
5
2.001953
Termination of unemployment benefit
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Provincial Departments of Labour, War Invalids
and Social Affairs; Employment service centers
6
2.000178
Outbound transfer of unemployment benefit
recipient
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Provincial Departments of Labour, War Invalids
and Social Affairs; Employment service centers
7
1.000401
Inbound transfer of unemployment benefit
recipients
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Provincial Departments of Labour, War Invalids
and Social Affairs; Employment service centers
8
2.000839
Vocational training support
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Provincial Departments of Labour, War Invalids
and Social Affairs; Employment service centers
9
2.000148
Job consultancy and placement
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Provincial Departments of Labour, War Invalids
and Social Affairs; Employment service centers
10
1.000362
Monthly notification of job seeking status
- Employment Law 2013;
- Decree No. 28/2015/ND-CP dated March 12, 2015;
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- Circular No. 28/2015/TT-BLDTBXH dated July 31,
2015;
- Circular No. 15/2023/TT-BLDTBXH dated December
29, 2023
Provincial Departments of Labour, War Invalids
and Social Affairs; Employment service centers
II. DETAILED
CONTENTS OF EACH OF AMENDED EMPLOYMENT-RELATED ADMINISTRATIVE PROCEDURES UNDER
STATE MANAGEMENT OF THE MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF
VIETNAM
1. “Participation
in unemployment insurance” procedure
a) Implementation steps:
- Step 1: Within 30 days from the effective
date of an employment contract or public employee contract, the employer shall
prepare and send required documents for participation in unemployment insurance
for their employee to the relevant social insurance agency.
- Step 2: Every month, the employer shall
make payment of unemployment insurance premiums, equaling 1% of its funding
used for paying monthly salaries to employees participating in the unemployment
insurance and 1% deducted from the monthly salary of each of such employees, to
the unemployment insurance fund.
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c) Required documents: As required by
Vietnam Social Security.
d) Quantity of documents: As required
by Vietnam Social Security.
dd) Processing time limit: As
prescribed by Vietnam Social Security.
e) Entities following this administrative
procedure: Employers.
g) Agencies in charge of processing this
administrative procedure: Social insurance agencies.
h) Administrative procedure processing
result: Employees participate in unemployment insurance and pay
unemployment insurance premiums.
i) Charges payable: None.
k) Names of application/declaration forms:
As prescribed by Vietnam Social Security.
l) Requirements for this administrative
procedure: Employers purchasing unemployment insurance for their
employees include regulatory authorities, public service providers, people’s
armed forces; political organizations, socio-political organizations,
socio-political-professional organizations, social organizations,
socio-professional organizations; foreign authorities/organizations and
international organizations operating within the territory of Vietnam;
enterprises, cooperatives, family households, household businesses, artels,
other organizations and individuals that hire and use workers under public
employee contracts or employment contracts as defined in clause 1 Article 43 of
the Employment Law.
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- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
- The Government’s Decree No. 61/2020/ND-CP dated
May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP
dated March 12, 2015 providing guidelines for implementation of the Employment
Law regarding unemployment insurance;
- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the Decree No.
28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015.
*Note: Legal grounds for this procedure
are amended.
2. “Processing of
application for unemployment benefit” procedure
a) Implementation steps:
- Step 1: Within 03 months from the day on
which his/her employment contract or public employee contract is terminated,
the unemployed employee that wishes to receive unemployment benefit shall
submit an application for unemployment benefit to the employment service center
of the locality where he/she wishes to receive unemployment benefit.
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+ he/she is suffering from sickness or has
pregnancy as certified by a competent health facility;
+ he/she meets with an accident as certified by the
traffic police or a competent health facility;
+ conflagration, flood, earthquake, tsunami,
conflict or epidemic occurs with a certification of the Chairperson of the
People’s Committee of commune, ward or commune-level town.
The date of submission of the application for
unemployment benefit in the abovementioned cases is the day on which the
authorized person directly submits the application or the date written on the
postal stamp in case the application is submitted by post.
Within 15 working days from the date of submission
of the application for unemployment benefit, if the employee no longer wants to
receive unemployment benefit, he/she shall directly, or authorize another
person to, submit a request for refusal to receive unemployment benefit which
is made using Form 08 enclosed with the Circular No. 15/2023/TT-BLDTBXH to the
employment service center to which his/her application for unemployment benefit
has been submitted.
- Step 2: The employment service center
shall receive and examine the application, make a note of appointment to
receive application processing result using Form No. 01 enclosed with the
Decree No. 61/2020/ND-CP, and give it to the applicant; if the application is
inadequate, return it to the applicant and give reasons for such return.
- Step 3: Within 20 working days from its
receipt of an adequate application, the employment service center shall
consider petitioning the Director of the relevant provincial Department of
Labour, War Invalids and Social Affairs to issue a decision to provide
unemployment benefit to the employee using Form No. 05 enclosed with the
Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of
Labour, War Invalids and Social Affairs of Vietnam (hereinafter referred to as
“Circular No. 15/2023/TT-BLDTBXH”); if an application is refused, a written
response shall be given to the employee.
- Step 4: Within 03 working days from the
date written on the note of appointment to receive application processing
result, the employee must come to receive the decision to provide unemployment
benefit.
If the employee fails to receive the decision to
provide unemployment benefit directly or fails to authorize another person to
do so and also fails to provide the employment service center with reasons for
such failure, he/she shall be deemed not to have demand for receiving
unemployment benefit. Within 02 days after the deadline for receiving the
decision to provide unemployment benefit as written on the note of appointment,
the employment service center shall petition the Director of the relevant
provincial Department of Labour, War Invalids and Social Affairs to issue a
decision to invalidate the decision on enjoyment of unemployment benefit using
Form No. 02 enclosed with the Decree No. 61/2020/ND-CP. Decision to invalidate
the decision on enjoyment of unemployment benefit which is sent by the
employment service center shall include 01 copy sent to the provincial-level
social insurance agency for preventing them from paying unemployment benefit to
the employee, and 01 copy sent to the employee.
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b) Implementation method: directly.
c) Required documents:
1. An application for unemployment benefit which is
made using Form No. 03 enclosed with the Circular No. 15/2023/TT-BLDTBXH. If an
employee does not want to receive unemployment benefit, he/she shall submit a
written request for refusal to receive unemployment benefit using Form No. 08
enclosed with the Circular No. 15/2023/TT-BLDTBXH.
2. The original or certified true copy or a copy accompanied
with its original for verification purpose of any of the following documents
certifying the termination of the employment contract or public employee
contract:
- The employment contract or public employee
contract that has expired or under which all contractual obligations have been
discharged;
- Decision to approve resignation;
- Dismissal decision;
- Decision on imposition of disciplinary sanction
in the form of dismissal;
- Notice of or agreement on termination of
employment contract or public employee contract;
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- A competent authority’s certification that the
enterprise or cooperative is dissolved, goes bankrupt or decides to dismiss
him/her, relieve him/her from duty or discharge him/her from the designated
post in case the employee holds the post as a manager of that enterprise or
cooperative;
- In case the employee does not have the documents
certifying the termination of the employment contract because the employer has
no legal representative and the person authorized by the legal representative,
the following steps must be taken:
If the employee working for the employer that does
not have legal representative and the person authorized by the legal
representative wishes to terminate his/her employment contract for enjoying
unemployment insurances, he/she must request the provincial Department of
Labour, War Invalids and Social Affairs or provincial social insurance agency
to follow procedures for certifying the termination of employment contract or
public employee contract.
The provincial Department of Labour, War Invalids
and Social Affairs or provincial social insurance agency sends a written
request to the provincial Department of Planning and Investment to certify that
the employer does not have a legal representative or person authorized by the
legal representative.
The provincial Department of Planning and Investment
is responsible for cooperating with the tax authority, police, and local
government at the place where the employer’s head office is located to verify
the fact that the employer has no legal representative or no person authorized
by the legal representative.
The provincial Department of Planning and
Investment sends a written response to the provincial Department of Labour, War
Invalids and Social Affairs or provincial social insurance agency with regard
to the fact that the employer does not have the legal representative or the
person authorized by the legal representative within 10 working days of receipt
of the written request for certification from the provincial Department of
Labour, War Invalids and Social Affairs or provincial social insurance agency.
- The document certifying the termination of the
seasonal or piecework employment contract with the term ranging from 03 months
to less than 12 months which must be the original copy or certified true copy
or the copy accompanied with its original for verification of such contract in
case the employee participates in the unemployment insurance when working under
a seasonal or piecework employment contract with the term ranging from 03
months to less than 12 months.
3. Social insurance book.
d) Quantity of documents: 01 set of
required documents.
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- If the application is satisfactory: within 20
working days from the receipt of the application;
- If the employee fails to receive application
processing result within 03 days according to the note of appointment to
receive application processing result: the employment service center shall
petition issuance of decision to invalidate the decision on enjoyment of
unemployment benefit within 02 working days after the deadline for receiving
application processing result.
- If the employee neither receives unemployment
benefit nor gives a written notice to the social insurance agency after 03
months from the expiry date of the period during which the employee is entitled
to receive unemployment benefit as specified in the decision to provide
unemployment benefit, within 07 working days after the abovementioned time
limit, the social insurance agency must send a written notice of the employee's
failure to receive unemployment benefit to the employment service center;
within 10 working days from its receipt of the notice from the social insurance
agency, the employment service center shall consider submitting a decision to
reserve payment period of unemployment insurance premiums for the employee to
the competent person for signing.
e) Entities following this administrative
procedure: Unemployed employees who wish to receive unemployment
benefit.
g) Agencies in charge of processing this
administrative procedure:
- Authority competent to issue decision: Directors
of provincial Departments of Labour, War Invalids and Social Affairs.
- Agencies in charge of processing this
administrative procedure: Employment service centers affiliated to provincial
Departments of Labour, War Invalids and Social Affairs, and provincial social
insurance agencies.
h) Administrative procedure processing
result: Decision to provide unemployment benefit/ Decision to
invalidate decision to provide unemployment benefit/ Decision to reserve
payment period of unemployment insurance premiums.
i) Charges payable: None.
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- Application for unemployment benefit (Form No.
03 enclosed with the Circular No. 15/2023/TT-BLDTBXH).
- Request for refusal to receive unemployment
benefit (Form No. 08 enclosed with the Circular No. 15/2023/TT-BLDTBXH).
l) Requirements for this administrative
procedure:
- Employees are paying unemployment insurance
premiums when working under the following employment contracts or public
employee contracts:
+ Indefinite-term employment contract or public
employee contract;
+ Definite-term employment contract or public
employee contract;
+ Seasonal or piecework employment contract with
the term ranging from 03 months to less than 12 months.
In case an employee is performing multiple
employment contracts as prescribed above, the employee and the employer of the
first employment contract shall assume responsibility to pay unemployment
insurance premiums for the employee.
- The employment contract or public employee contract
is terminated, except the following cases:
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+ The employee is receiving monthly pension or
disability benefits.
- The employee has fully paid unemployment
insurance premiums for a period of at least 12 months within 24 months before
his/her employment contract or public employee contract is terminated in the
case prescribed in point a or b clause 1 Article 43 of the Employment Law; or has
fully paid unemployment insurance premiums for a period of at least 12 months
within 36 months before his/her employment contract is terminated in the case
prescribed in point c clause 1 Article 43 of the Employment Law.
m) Legal grounds for this administrative
procedure:
- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
- The Government’s Decree No. 61/2020/ND-CP dated
May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP
dated March 12, 2015 providing guidelines for implementation of the Employment
Law regarding unemployment insurance;
- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the Decree No.
28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015.
*Note: Implementation steps; required
documents; names of application/declaration forms; and legal grounds of this
administrative procedure are amended.
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Form No. 03: Enclosed with the
Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of
Labour, War Invalids and Social Affairs of Vietnam
THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
APPLICATION FOR
UNEMPLOYMENT BENEFIT
To: The employment
service center of……………………….
I am:
.........................................................................................
Date of birth:…../…/….
Personal identification number/ID card number:
............... issued on………………..
Issuing authority:
...........................................................................................................................
Number of social insurance book: ....................................................................................................................
Telephone number: …………………………………Email (if any)
.................................
ATM account number (if any) ……………… opened at
the bank: ................................................
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Training vocation or major:
........................................................................................................
Current residence (if different from the registered
place of permanent residence) (1): ......................................
.........................................................................................................................................
On …/…/…., I have terminate the employment
contract/ public employee contract signed with (name of
employer)…………………………………………… at (address): ……………………………
Reason for termination of employment contract/
public employee contract: ................................................
.........................................................................................................................................
Type of employment contract/ public employee
contract: ...................................................................
Payment period of unemployment insurance
premiums:……………….. months.
Requested payer of unemployment benefit
(district-level social insurance agency or by ATM card): .............
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This application is accompanied with
(2)……………………………………………….. and my social insurance book. I hereby kindly request
your employment service center to consider processing my application for
unemployment benefit in accordance with regulations of law.
I undertake that all the information provided
herein is accurate and I shall assume legal responsibility for any false
information.
…… [place &
date]
Applicant
(signature and full name)
Notes:
(1) Specify the house number, street,
group, hamlet, mountain village.
(2) The original or certified true copy or
a copy accompanied with its original for verification purpose of any of the
documents certifying the termination of the employment contract or public
employee contract as prescribed in clause 6 Article 1 of the Government’s
Decree No. 61/2020/ND-CP dated May 29, 2020
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
REQUEST FOR
REFUSAL TO RECEIVE UNEMPLOYMENT BENEFIT
To: The employment
service center of……………………….
I am:
.....................................................................................
Date of birth: ....../...../.....
Personal identification number/ID card number:
……………..Issued on………………………..
Issuing authority:…………….
Number of social insurance
book:…………………………………………………………………….
Current residence (if different from the registered
place of permanent residence): ...........................................
.........................................................................................................................................
I have submitted an application for unemployment
benefit on………………. but now, I have no need for unemployment benefit because:
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I sincerely thank you for your consideration./.
……… [place &
date]
Applicant
(signature and full name)
3. “Suspension of
unemployment benefit” procedure
a) Implementation steps:
- Step 1: Within 02 working days after the
deadline by which an employee must come to monthly inform his/her job seeking,
if the employee does not come to do so, the employment service center that is
paying unemployment benefit to the employee shall petition the Director of the
provincial Department of Labour, War Invalids and Social Affairs to issue a
decision to suspend the provision of unemployment benefit to the employee.
- Step 2: The Director of the provincial
Department of Labour, War Invalids and Social Affairs shall issue a decision on
suspension of unemployment benefit using Form No. 06 enclosed with the Circular
No. 15/2023/TT-BLDTBXH.
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b) Implementation method: directly.
c) Required documents:
Documents proving that the employee who is enjoying
unemployment benefit does not come to inform his/her job seeking as prescribed.
d) Quantity of documents: 01 set of
required documents.
dd) Processing time limit: Within 02
working days after the employee does not come to monthly inform his/her job
seeking as prescribed.
e) Entities following this administrative
procedure: Employees who are enjoying unemployment benefit.
g) Agencies in charge of processing this
administrative procedure:
- Authority competent to issue decision: Directors
of provincial Departments of Labour, War Invalids and Social Affairs.
- Agencies in charge of processing this
administrative procedure: Employment service centers affiliated to provincial
Departments of Labour, War Invalids and Social Affairs.
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i) Charges payable: Not applicable.
k) Names of application/declaration forms:
Not applicable.
l) Requirements for this administrative
procedure: Employees who are enjoying unemployment benefit do not come
to monthly inform his/her job seeking as prescribed.
m) Legal grounds for this administrative
procedure:
- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
- The Government’s Decree No. 61/2020/ND-CP dated
May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP
dated March 12, 2015 providing guidelines for implementation of the Employment
Law regarding unemployment insurance;
- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the Decree No.
28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015.
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4. “Continued
enjoyment of unemployment benefit” procedure
a) Implementation steps:
- Step 1: Within 02 working days after the
employee who is subject to a decision on suspension of unemployment benefit
continues sending monthly notice of his/her job seeking status as prescribed,
if his/her unemployment benefit enjoyment period defined in the decision issued
by the Director of the provincial Department of Labour, War Invalids and Social
Affairs has not yet expired, the employment service center shall petition the
Director of the provincial Department of Labour, War Invalids and Social
Affairs to issue a decision on continued enjoyment of unemployment benefit to
the employee.
- Step 2: The Director of the provincial
Department of Labour, War Invalids and Social Affairs shall issue a decision on
continued enjoyment of unemployment benefit using Form No. 07 enclosed with the
Circular No. 15/2023/TT-BLDTBXH.
- Step 3: Decision on continued enjoyment of
unemployment benefit which is sent by the employment service center shall
include 01 copy sent to the provincial-level social insurance agency for
continuing payment of unemployment benefit to the employee, and 01 copy sent to
the employee for implementation.
b) Implementation method: The
employee must directly come to inform the employment service center of his/her
job seeking status.
c) Required documents:
Notice of job seeking status which is made using
Form No. 16 enclosed with the Circular No. 15/2023/TT-BLDTBXH
d) Quantity of documents: 01 set of
required documents.
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e) Entities following this administrative
procedure: Employees who are enjoying unemployment benefit but are
subject to decision on suspension of unemployment benefit shall follow this
procedure provided that their unemployment benefit enjoyment period defined in
the decision issued by the Director of the provincial Department of Labour, War
Invalids and Social Affairs has not yet expired.
g) Agencies in charge of processing this
administrative procedure:
- Authority competent to issue decision: Directors
of provincial Departments of Labour, War Invalids and Social Affairs.
- Agencies in charge of processing this
administrative procedure: Employment service centers affiliated to provincial
Departments of Labour, War Invalids and Social Affairs.
h) Administrative procedure processing
result: Decision on continued enjoyment of unemployment benefit.
i) Charges payable: Not applicable.
k) Names of
application/declaration forms: Notice of job seeking status (Form
No. 16 enclosed with the Circular No. 15/2023/TT-BLDTBXH)
l) Requirements for this administrative
procedure:
The employee who is subject to a decision on
suspension of unemployment benefit continues sending monthly notice of his/her
job seeking status as prescribed, provided that his/her unemployment benefit
enjoyment period defined in the decision issued by the Director of the
provincial Department of Labour, War Invalids and Social Affairs has not yet
expired.
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- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
- The Government’s Decree No. 61/2020/ND-CP dated
May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP
dated March 12, 2015 providing guidelines for implementation of the Employment
Law regarding unemployment insurance;
- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the Decree No.
28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015.
*Note: Administrative procedure
processing result, names of application/declaration forms, and legal grounds of
this administrative procedure are amended.
Form No. 16: Enclosed with the
Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of
Labour, War Invalids and Social Affairs of Vietnam
THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
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To: The employment
service center of……………………….
I am:
............................................................ Date of
birth: ....../...../.....
Personal identification number/ID card number:
………………………………….. issued on……………….. Issuing authority: ………….
Current residence (if different from the registered
place of permanent residence): ..........................................
.........................................................................................................................................
Telephone number:
..................................................................................................................
Pursuant to the Decision No……………….. dated………………………,
I am entitled to unemployment benefit for the period of…… months, commencing
from………………… to……………………… in…………. (province/city)
I hereby inform my job seeking results as follows:
(1) First unit (name and address of the
unit, contact person, job position, and interview result)
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.........................................................................................................................................
(2) Second unit (name and address of the
unit, contact person, job position, and interview result)
.........................................................................................................................................
.........................................................................................................................................
(...) Name of the… unit (...): (name and
address of the unit, contact person, job position, and interview result)
.........................................................................................................................................
Current employment status:
□ Unemployed
□ I have got a job but have not yet signed any
employment contract/public employee contract (specify name and address of
working place, and job's name)
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.........................................................................................................................................
Other status (sickness, pregnancy, etc.)
...........................................................................
I undertake that all the information provided
herein is accurate and I shall assume legal responsibility for any false
information./.
….. [location
& date]
Made by
(signature and full name)
5. “Termination of
unemployment benefit” procedure
a) Implementation steps:
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+ If an employee is subject to termination of
unemployment benefit in one of the following cases: the employee has
successfully found a job; the employee must go for military or police services;
the employee receives monthly retirement pension; or the employee is sent to
take a training course for the period of 12 months or longer, within 03
working days from the date on which the employee’s unemployment benefit is
terminated, the employee shall send a notice which must be accompanied by
the photocopies of the documents on such termination of unemployment benefit to
the employment service center from which he/she is receiving unemployment benefit.
The employment service center that is paying unemployment benefit to the
employee shall petition the Director of the provincial Department of Labour,
War Invalids and Social Affairs to issue a decision on termination of
unemployment benefit of the employee.
+ If an employee is subject to termination of
unemployment benefit in one of the following cases: after 2 job recommendation
efforts made by the employment service center from which the employee is
receiving unemployment benefit, the employee keeps refusing to the center’s
recommended placements without giving any legitimate reasons; during the
unemployment benefit enjoyment period, the employee fails to send monthly
notices of his/her job seeking status to the employment service center for 03 consecutive
months; the employee immigrates to a foreign country or works in a foreign
country under a definite-term employment contract; the employee incurs
penalties for administrative violations against regulations on unemployment
insurance; the employee died; the employee is implementing a decision under
which he/she is compulsorily sent to a reform school, educational institution
or rehabilitation center; the employee is declared missing by a competent
court; the employee is kept in temporary detention or serving an imprisonment
sentence, the employment service center that is paying unemployment benefit to
the employee shall petition the Director of the provincial Department of
Labour, War Invalids and Social Affairs to issue a decision on termination of unemployment
benefit of the employee.
- Step 2: The Director of the provincial
Department of Labour, War Invalids and Social Affairs shall issue a decision on
termination of unemployment benefit using Form No. 24 enclosed with the
Circular No. 15/2023/TT-BLDTBXH.
- Step 3: Decision on termination of
unemployment benefit which is sent by the employment service center shall
include 01 copy sent to the provincial-level social insurance agency for
terminating payment of unemployment benefit to the employee, and 01 copy sent
to the employee.
b) Implementation method: If an
employee is subject to termination of unemployment benefit in one of the
following cases: the employee has successfully found a job; the employee must
go for military or police services; the employee receives monthly retirement
pension; or the employee is sent to take a training course for the period of 12
months or longer, the employee shall send a notice which must be accompanied by
the copies of the documents on such termination of unemployment benefit to the
employment service center from which he/she is receiving unemployment benefit.
If the notice is sent by post, the date on the postal stamp shall apply.
c) Required documents:
In case the employee is required to send a notice
to the employment service center from which he/she is receiving unemployment
benefit, he/she must provide the following documents:
* The employee’s notice of termination of
unemployment benefit which is made using Form No. 23 enclosed with the Circular
No. 15/2023/TT-BLDTBXH.
* Documents proving that the employee is classified
as subject to the termination of unemployment benefit, including one of the
following documents:
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- Decision on employment or appointment decision or
employment contract or public employee contract or certificate of registration
of household business or enterprise registration certificate in case the
employee has successfully found a job before the expiration of unemployment
benefit enjoyment period.
- Enlistment notice in case the employee must
perform military or police duties.
- Decision on enjoyment of retirement pension.
- Documents proving that the employee has refused
to the employment service center’s 02 job recommendations without giving any
legitimate reasons.
- Documents proving the employee’s failure to send
monthly notice of job seeking status for 03 consecutive months.
- Documents proving the employee’s immigration to a
foreign country (verified by the government of commune, ward, commune-level
town, etc.)
- Notice of admission in case the employee attends
a domestic training course. If the employee attends an overseas training
course, documents proving his/her exit from Vietnam are required.
- Decision on imposition of penalties for
administrative violations against regulations of law on unemployment insurance
issued by a competent authority.
- Document proving that the death of the employee
who is enjoying unemployment benefit (death certificate or certification given
by the government of commune, ward, commune-level town, etc.).
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- A court’s decision on declaration of missing
person.
- Decision on temporary detention or implementation
of imprisonment sentence issued by a competent authority.
d) Quantity of documents: 01 set of
required documents.
dd) Processing time limit: Not
applicable.
e) Entities following this administrative
procedure: Employees who are enjoying unemployment benefit.
g) Agencies in charge of processing this
administrative procedure:
- Authority competent to issue decision: Directors
of provincial Departments of Labour, War Invalids and Social Affairs.
- Agencies in charge of processing this
administrative procedure: employment service centers.
h) Administrative procedure processing
result: Decision on termination of unemployment benefit.
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k) Names of application/declaration forms:
Notice (Form No. 23 enclosed with the Circular No. 15/2023/TT-BLDTBXH)
l) Requirements for this administrative
procedure:
An employee is subject to the termination of unemployment
benefit in one of the following cases:
- The unemployment benefit enjoyment period expires
according to the decision on enjoyment of unemployment benefit;
- The employee has successfully found a job;
- The employee performs military or police duties;
- The employee receives monthly retirement pension;
- After 02 job recommendation efforts made by the
employment service center from which the employee is receiving unemployment
benefit, the employee keeps refusing to the center’s recommended placements
without giving any legitimate reasons;
- During the unemployment benefit enjoyment period,
the employee fails to send monthly notices of his/her job seeking status to the
employment service center for 03 consecutive months;
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- The employee is sent to take a training course
for the period of 12 months or longer;
- The employee incurs penalties for administrative
violations against regulations of law on unemployment insurance;
- The employee died;
- The employee is implementing a decision under
which he/she is compulsorily sent to a reform school, educational institution
or rehabilitation center;
- The employee is declared missing by a competent
court;
- The employee is kept in temporary detention or
serving an imprisonment sentence.
m) Legal grounds for this administrative
procedure:
- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
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- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the Decree No.
28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015.
*Note: Implementation steps; required
documents; administrative procedure processing result; names of
application/declaration forms; and legal grounds of this administrative
procedure are amended.
Form No. 23: Enclosed with the
Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of
Labour, War Invalids and Social Affairs of Vietnam
THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
NOTICE
Of…………………(1)
To: The employment
service center of……………………….
I am:
.........................................................................................
Date of birth:…../…/…. ……………………
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Number of social insurance book:
...................................................................................................................
Current residence (if different from the registered
place of permanent residence): ............................................
.........................................................................................................................................
Currently, I am enjoying unemployment benefit under
the Decision No……………… dated……………. issued by the Director of the Department of
Labour, War Invalids and Social Affairs of province/city………….
Total months for which I have received unemployment
benefit:….. months
Because
(1)…………………………………………………………………………………………………………, I hereby send this notice
(accompanied with copies of relevant documents).
In case the employee is unable to provide the copy
of the employment contract or public employee contract (2).
I hereby kindly request your employment service
center to consider processing procedures for terminating unemployment benefit
so as to reserve my payment period of unemployment insurance premiums which
equals total months for which I have not yet received unemployment benefit from
the social insurance agency./.
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……………… [place
& date]
Made by
(signature and full name)
Notes:
(1) the employee has successfully found a
job; the employee performs military or police duties; the employee receives
monthly retirement pension; the employee is sent to take a training course for
the period of 12 months or longer.
(2) The employee must give a commitment on
the date of the employment contract or public employee contract, provide
reasons for his/her failure to provide the employment contract or public
employee contract and will additionally submit the employment contract or
public employee contract within 03 working days after he/she receives an
employment contract or public employee contract.
6. “Outbound
transfer of unemployment benefit recipient” procedure
a) Implementation steps:
- Step 1: If the employee who has received
unemployment benefit for at least 01 month wishes to be transferred to a new
unemployment benefit payer in another province or city, he/she must prepare an
application for transfer to a new unemployment benefit payer using Form No. 10
enclosed with the Circular No. 15/2023/TT-BLDTBXH and send it to the employment
service center from which he/she is receiving unemployment benefit.
- Step 2: Within 03 working days from its
receipt of the employee’s application, the employment service center shall
provide documents on transfer to a new unemployment benefit payer for the
employee and send a letter of recommendation about the transfer which is made
using Form No. 11 enclosed with the Circular No. 28/2015/TT-BLDTBXH to the
employment service center to which the employee is transferred.
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In case the employee has received documents on
transfer to a new unemployment benefit payer, but has not yet submitted them to
the employment service center to which the employee is transferred, and no
longer needs to be transferred to this unemployment benefit payer, the employee
must submit the letter of recommendation about transfer to a new unemployment
benefit payer to the employment service center from which the employee is
transferred. Within 03 working days from the date of receipt of the letter of
recommendation about transfer to a new unemployment benefit payer, the
employment service center shall send a written request to the provincial-level
social insurance agency to keep on paying unemployment benefit and issuing
health insurance card to the employee.
b) Implementation method: directly.
In case the employee has received documents on
transfer to a new unemployment benefit payer, but has not yet submitted them to
the employment service center to which the employee is transferred, and no
longer needs to be transferred to this unemployment benefit payer, the employee
must directly submit the letter of recommendation about transfer to a new
unemployment benefit payer to the employment service center from which the
employee is transferred.
c) Required documents: Application
for transfer to a new unemployment benefit payer made by the employee.
d) Quantity of documents: 01 set of
required documents.
dd) Processing time limit: Within 03
days from the date of receipt of the application for transfer to a new
unemployment benefit payer submitted by the employee.
e) Entities following this administrative
procedure: Any employee who is receiving unemployment benefit and
wishes to be transferred to a new unemployment benefit payer in another
province or city.
g) Agencies in charge of processing this
administrative procedure: The employment service center from which the
employee is receiving unemployment benefit.
h) Administrative procedure processing
result: Letter of recommendation about transfer to a new unemployment
benefit payer and notice sent to the social insurance agency of the province or
city from which the employee is transferred for stopping paying unemployment
benefit to the employee.
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k) Names of application/declaration forms:
Application for transfer to new unemployment benefit payer (Form No. 10
enclosed with the Circular No. 15/2023/TT-BLDTBXH).
l) Requirements for this administrative
procedure: The employee has received unemployment benefit for at least
01 month and wishes to be transferred to a new unemployment benefit payer in
another province or city.
m) Legal grounds for this administrative
procedure:
- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
- The Government’s Decree No. 61/2020/ND-CP dated
May 29, 2020 providing amendments to the abovementioned Decree No.
28/2015/ND-CP dated March 12, 2015;
- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the abovementioned Decree
No. 28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the abovementioned Circular No.
28/2015/TT-BLDTBXH dated July 31, 2015.
*Note: Implementation steps; names of
application/declaration forms; and legal grounds of this administrative
procedure are amended.
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Form No. 10: Enclosed with the
Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of
Labour, War Invalids and Social Affairs of Vietnam
THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
APPLICATION FOR
TRANSFER TO NEW UNEMPLOYMENT BENEFIT PAYER
To: The employment
service center of……………………….
I am: .........................................................................................
Date of birth:…../…/….
Personal identification number/ID card number:
………………………………….. issued on……………….. Issuing authority: ………….
Number of social insurance book:
....................................................................................................................
Current residence (if different from the registered
place of permanent residence):
.................................................
.........................................................................................................................................
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Total months for which I am entitled to enjoy
unemployment benefit:….. months
Total months for which I have received unemployment
benefit:….. months
Because of:
………………………………………………………………………………………………
I hereby kindly request your employment service
center to transfer me to the unemployment benefit payer of province/city…………..
so that I can continue enjoying unemployment benefit as prescribed./.
….. [place
& date]
Applicant
(signature and full name)
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a) Implementation steps:
- Step 1: After the employee has received
documents on transfer to a new unemployment benefit payer, the employee shall
submit them to the employment service center to which he/she is transferred.
- Step 2: Within 03 working days from the
date of receipt of documents on transfer to a new unemployment benefit payer
submitted by the employee, the employment service center shall send a written
request, which is made using Form No. 13 enclosed with to the Circular No.
15/2023/TT-BLDTBXH and accompanied by a copy of the decision on enjoyment of
unemployment benefit, to the social insurance agency of the province/city to
which the employee is transferred for paying unemployment benefit and issuing
health insurance card to the employee.
b) Implementation method: The
employee must come to submit documents on transfer to a new unemployment
benefit payer to the employment service center to which he/she is transferred.
c) Required documents:
- Application for transfer to a new unemployment
benefit payer which is made by the employee using Form No. 10 enclosed with the
Circular No. 15/2023/TT-BLDTBXH;
- Letter of recommendation about transfer to new
unemployment benefit payer which is made using Form No. 11 enclosed with the
Circular No. 28/2015/TT-BLDTBXH;
- Copy of decision on enjoyment of unemployment
benefit;
- Copies of decision on vocational training
support, decision on suspension of unemployment benefit, and decision on
continued enjoyment of unemployment benefit (if any);
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d) Quantity of documents: 01 set of
required documents.
dd) Processing time limit: Within 03
days from the date of receipt of the application for transfer to a new
unemployment benefit payer submitted by the employee.
e) Entities following this administrative
procedure: Employees who are enjoying unemployment benefit.
g) Agencies in charge of processing this
administrative procedure:
The employment service center affiliated to
Department of Labour, War Invalids and Social Affairs of province or city to which
the employee is transferred to receive unemployment benefit.
h) Administrative procedure processing
result: Written request sent to the social insurance agency of province
to which the employee is transferred for paying unemployment benefit to the
employee.
i) Charges payable: Not applicable.
k) Names of application/declaration forms:
Application for transfer to new unemployment benefit payer (Form No. 10
enclosed with the Circular No. 15/2023/TT-BLDTBXH).
l) Requirements for this administrative
procedure: The employee wishes to receive unemployment benefit in
province or city to which he/she is transferred.
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- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
- The Government’s Decree No. 61/2020/ND-CP dated
May 29, 2020 providing amendments to the Decree No. 28/2015/ND-CP dated March
12, 2015;
- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the abovementioned Decree
No. 28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015.
*Note: Implementation steps;
administrative procedure processing result; names of application/declaration
forms; and legal grounds of this administrative procedure are amended.
8. “Vocational
training support" procedure
a) Implementation steps:
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- Step 2: The employment service center
shall consider the receive application for vocational training support and give
the employee a note of appointment to receive application processing result
which is made using Form No. 01 enclosed with the Decree No. 61/2020/ND-CP.
- Step 3: Within 20 working days from its
receipt of an adequate application for vocational training support, the
employment service center shall petition the Director of the provincial
Department of Labour, War Invalids and Social Affairs to issue a decision on
vocational training support using Form No. 04 enclosed with the Decree No.
61/2020/ND-CP if the employee meets the relevant vocational training support
requirements.
- Step 4: Within 03 working days from the
date written on the note of appointment to receive application processing
result, the employee must come to receive the decision on vocational training
support.
b) Implementation method: The
employee shall submit an application for vocational training support directly
to the employment service center.
c) Required documents:
- The employee who is awaiting the results of
processing of his/her application for unemployment benefit or is receiving
unemployment benefit but wishes to take vocational training course in the
locality where he/she is expecting such application processing results or is receiving
unemployment benefit shall submit an application for vocational training
support which is made using Form No. 03 enclosed with the Decree No.
61/2020/ND-CP.
- The employee who is receiving unemployment
benefit but wishes to take vocational training course in the locality other
than the place where he/she is receiving unemployment benefit shall submit an
application for vocational training support which is made using Form No. 03
enclosed with the Decree No. 61/2020/ND-CP and the original or certified true
copy or copy accompanied with its original for verification purpose of the
decision on enjoyment of unemployment benefit.
- If the employee does not fall into the cases
mentioned above, he/she shall submit:
+ An application for unemployment benefits (Form
No. 03 enclosed with the Circular No. 15/2023/TT-BLDTBXH);
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+ The original or certified true copy or a copy
accompanied with its original for verification purpose of any of the documents
certifying the termination of the employment contract or public employee
contract;
+ Social insurance book.
d) Quantity of documents: 01 set of
required documents.
dd) Processing time limit: Within 20
working days from the receipt of an adequate application for vocational
training support.
e) Entities following this administrative
procedure: Employees who are receiving unemployment benefit and
unemployed persons who have paid unemployment insurance premiums for at least
09 months but are ineligible for unemployment benefit.
g) Agencies in charge of processing this
administrative procedure:
- Authority competent to issue decision: Directors
of provincial Departments of Labour, War Invalids and Social Affairs.
- Agencies in charge of processing this
administrative procedure: Employment service centers affiliated to provincial
Departments of Labour, War Invalids and Social Affairs.
h) Administrative procedure processing
result: Decision on vocational training support or written response
given to the employee who is ineligible for vocational training support as
prescribed.
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k) Names of
application/declaration forms:
- Application for vocational training support (Form
No. 03 enclosed with the Decree No. 61/2020/ND-CP).
- Application for unemployment benefits (Form
No. 03 enclosed with the Circular No. 15/2023/TT-BLDTBXH).
l) Requirements for this administrative
procedure:
- The employee is required to participate in
unemployment insurance when working under any of the following employment
contracts or public employee contracts:
+ Indefinite-term employment contract or public
employee contract;
+ Definite-term employment contract or public
employee contract;
+ Seasonal or piecework employment contract with
the term ranging from 03 months to less than 12 months.
In case an employee is performing multiple
employment contracts as prescribed above, the employee and the employer of the
first employment contract shall assume responsibility to pay unemployment
insurance premiums for the employee.
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+ The employee unilaterally terminates the
employment contract or public employee contract in contravention of law;
+ The employee is receiving monthly pension or
disability benefits.
- The employee has paid unemployment insurance
premiums for at least 09 months within 24 months before his/her employment
contract or public employee contract is terminated.
- The employee has submitted an application for
unemployment benefit to the relevant employment service center.
- The employee is unsuccessful in finding a new job
within 15 days from the date of submission of an application for vocational
training support, except the following cases:
+ The employee performs military or police duties;
+ The employee is sent to take a training course
for the period of 12 months or longer;
+ The employee is implementing a decision under
which he/she is compulsorily sent to a reform school, educational institution
or rehabilitation center;
+ The employee is kept in temporary detention or
serving an imprisonment sentence;
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+ The employee died.
m) Legal grounds for this administrative
procedure:
- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
- The Government’s Decree No. 61/2020/ND-CP dated
May 29, 2020 providing amendments to the abovementioned Decree No.
28/2015/ND-CP dated March 12, 2015;
- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the Decree No.
28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015.
*Note: Implementation steps; required
documents; processing time limit; names of application/declaration forms;
requirements; and legal grounds of this administrative procedure are amended.
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THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
APPLICATION FOR
VOCATIONAL TRAINING SUPPORT
To: The employment
service center of……………………….
I am: ………………………………………………. Date of birth:
......./...../.....
ID Card/ Citizen’s Identity Card Number: ………………………
Issued on: ……/…………/………
Issuing authority: ………………………………………………………………………
Number of social insurance book:……………………….
Permanent residence (1):
………………………………………………………………………
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Contact telephone number (if any):
………………………………………………
I am receiving unemployment benefit under Decision
No……………………… dated………………….. of the Director of the Department of Labour, War
Invalids and Social Affairs of province/city…………………; total months during which
I will be entitled to unemployment benefit:…………. months
(from…………………to…………………………..) (for employees who are receiving unemployment
benefit).
I have paid unemployment insurance premiums for
………… months. I have submitted an application for unemployment benefit
on…………………….. Application processing result will be given
on......................... according to the note of appointment to receive
application processing result No……………………… dated…………………….. (for employees who
are waiting results of processing of application for unemployment benefit).
I have paid unemployment insurance premiums for
………… months (for employees who have paid unemployment insurance premiums for at
least 09 months but are ineligible for unemployment benefit).
I wish to take a vocational training course
in................................ with duration of ................ months, provided
by (name and address of the vocational training institution)..................
I hereby kindly request your employment service
center to consider processing my application so that I can attend the
abovementioned vocational training course./.
…. [place &
date]
Applicant
(signature and full name)
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...
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Form No. 03: Enclosed with the
Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of
Labour, War Invalids and Social Affairs of Vietnam
THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
APPLICATION FOR
UNEMPLOYMENT BENEFIT
To: The employment
service center of……………………….
I am: ………………………………………………. Date of birth:
......./...../.....
Personal identification number/ID card number:
………………………………….. issued on……………….. Issuing authority: ………………………
Number of social insurance book:
…………………………………………………………………………
Telephone number: …………………………………………….Email (if any):
…………………………
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Training qualification:
…………………………………………………………………………
Training vocation or major:
……………………………………………………………………
Current residence (if different from the registered
place of permanent residence) (1): ………………………
………………………………………………………………………………………………
On …/…/…., I have terminated the employment
contract/ public employee contract signed with (name of
employer)…………………………………………… at (address): ………………………………………
Reason for termination of employment contract/
public employee contract: ……………………………
………………………………………………………………………………………………
Type of employment contract/ public employee
contract: ………………………………………………
Payment period of unemployment insurance
premiums:……………….. months.
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This application is accompanied with
(2)……………………………………………….. and my social insurance book. I hereby kindly request
your employment service center to consider processing my application for
unemployment benefit in accordance with regulations of law.
I undertake that all the information provided
herein is accurate and I shall assume legal responsibility for any false
information.
…. [place &
date]
Applicant
(signature and full name)
Notes:
(1) Specify the house number, street,
group, hamlet, mountain village.
(2) The original or certified true copy or
a copy accompanied with its original for verification purpose of any of the
documents certifying the termination of the employment contract or public
employee contract as prescribed in clause 6 Article 1 of the Government’s
Decree No. 61/2020/ND-CP dated May 29, 2020
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a) Implementation steps:
- Step 1: The employee who is working under
an employment contract or public employee contract and paying unemployment
insurance premiums, but has his/her employment contract or public employee
contract terminated may receive job consultancy and placement free of charge
from the employment service center if he/she wishes to find another job.
- Step 2: The employee shall fill in the job
consultancy and placement slip which is made using Form No. 01 enclosed with
the Circular No. 15/2023/TT-BLDTBXH, and submit it directly to the employment
service center.
- Step 3: The employment service center
shall receive the job consultancy and placement slip and, based on the
employee’s demand and capacity as well as the employer’s recruitment demand,
and introduce a job suitable for the employee.
- Step 4: The employment service center
shall provide the employee with the job recommendation letter which is made
using Form No. 02 enclosed with the Circular No. 15/2023/TT-BLDTBXH, and
monitor the candidate interview process so as to give timely assistance to the
employee.
b) Implementation method: The
employee shall directly submit the job consultancy and placement note to the
employment service center, and directly receive job consultancy and placement.
c) Required documents: Job
consultancy and placement note which is made using Form No. 01 enclosed with
the Circular No. 15/2023/TT-BLDTBXH.
d) Quantity of documents: 01 set of
required documents.
dd) Processing time limit: Not
applicable.
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g) Agencies in charge of processing this
administrative procedure: Employment service centers.
h) Administrative procedure processing
result: Employees receive job consultancy and placement service free of
charge.
i) Charges payable: Not applicable.
k) Names of application/declaration forms:
Job consultancy and placement note (Form No. 01 enclosed with the Circular
No. 15/2023/TT-BLDTBXH).
l) Requirements for this administrative
procedure:
The employee who is participating in unemployment
insurance has his/her employment contract or public employee contract
terminated and wishes to find another job, including:
- Employee working under an indefinite-term
employment contract or public employee contract;
- Employee working under definite-term employment
contract or public employee contract;
- Employee working under seasonal or piecework
employment contract with the term ranging from 03 months to less than 12
months.
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m) Legal
grounds for this administrative procedure:
- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
- The Government’s Decree No. 61/2020/ND-CP dated
May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP
dated March 12, 2015 providing guidelines for implementation of the Employment
Law regarding unemployment insurance;
- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the Decree No.
28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015.
*Note: Names of application/declaration
forms; and legal grounds of this administrative procedure are amended.
Form No. 01: Enclosed with the
Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of
Labour, War Invalids and Social Affairs of Vietnam
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JOB CONSULTANCY
AND PLACEMENT NOTE
To: The employment
service center of……………………….
Full name: ………………………………………………. Date of birth:
......./...../.....
Personal identification number/ID card number:
………………………………………………
Issued on………………….. Issuing authority:
…………………………………………
Number of social insurance book:
…………………………………………………………………………………….
Telephone number: ……………………………
…………………………………………….Email (if any): …………………………
Current residence (if different from the registered
place of permanent residence) (1): ……………………………
Health status: ……………………………………………………………………………
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General education level: ……………………………………………………………………
Foreign language: ……………………… Qualification:
……………………………………………………
Informatics: ……………………… Qualification:
…………………………………………………………
Training qualification:
No.
Training major
Training
qualification (2)
1
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2
…
Vocational skill (if any) ………………………………………………………
Outstanding skills: …………………………………………………………
………………………………………………………………………………………………
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………………………………………………………………………………………………
I. WORKING PROCESS
No.
Employer
Working period
(from………………[date]
to…………………….[date])
Job position
1
...
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2
…
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Reasons for the latest unemployment
………………………………………………………………………
II. CURRENT JOB SEEKING STATUS
I have applied for job at (from the latest
unemployment to present time):……………………
………………………………………………………………………………………………………
III. JOB CONSULTANCY AND PLACEMENT DEMANDS
1. Consultancy
Policies and laws on labour and employment □
Employment □
Unemployment insurance □
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2. Job placement
Job position: ………………………………………………………………………………
Lowest salary: …………………………………………………………………………
Working conditions: ……………………………………………………………………………
Working place: ……………………………………………………………………………
Other: ……………………………………………………………………………………………
Type of employer: State-owned enterprise □; Private
enterprise □; Foreign-invested enterprise □
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Notes:
(1) Specify the house number, street,
group, hamlet, mountain village.
(2) Technical worker who does not possess
a vocational training certificate, or certificate of completion of short-term
(less than 03 months), elementary (from 03 to less than 12 months),
intermediate, college, university or higher-level vocational training course.
10. “Monthly
notification of job seeking status” procedure
a) Implementation steps:
While receiving unemployment benefit, the employee
must monthly inform the employment service center from which he/she is
receiving unemployment benefit of his/her job seeking status as prescribed.
The date on which the employee is required to
provide monthly notice of job seeking status is specified in the appendix
enclosed with the decision on enjoyment of unemployment benefit issued to the
employee. To be specific:
- For the first month of receiving unemployment
benefit, the employee shall make monthly notice of job seeking status on the
date on which he/she receives the decision on enjoyment of unemployment benefit
according to the note of appointment to receive his/her application processing
result;
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The employee who is receiving unemployment benefit
is considered to have fulfilled the obligation to monthly inform job seeking
result if he/she has provided accurate and adequate information on the
prescribed form of the monthly notice of job seeking result and assume
responsibility for his/her provided information.
b) Implementation method: directly.
c) Required documents: Notice of job
seeking status which is made using Form No. 16 enclosed with the Circular No.
15/2023/TT-BLDTBXH.
d) Quantity of documents: 01 set of
required documents.
dd) Processing time limit: Not
applicable
e) Entities following this administrative
procedure: Employees who are enjoying unemployment benefit.
g) Agencies in charge of processing this
administrative procedure: Employment service centers.
h) Administrative procedure processing
result: Employees continue enjoying unemployment benefit.
i) Charges payable: Not applicable.
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l) Requirements for this administrative
procedure: While receiving unemployment benefit, the employee must
monthly inform the employment service center from which he/she is receiving
unemployment benefit of his/her job seeking status, except the following cases:
- The employee who is receiving unemployment
benefit must not make monthly notice of job seeking status if the employee
falls into any of the following cases:
+ A male employee reaches 60 years of age or older;
a female employee reaches 55 years of age or older;
+ The employee is suffering from sickness as
certified by a competent health facility;
+ The employee is receiving maternity benefit as
certified by a competent health facility. If a male employee whose wife died
after giving birth is raising a child, the child’s birth certificate and the
mother’s death certificate are required;
+ The employee meets with an accident as certified
by the traffic police or a competent health facility;
+ The employee is suffering from conflagration,
flood, earthquake, tsunami, conflict or epidemic occurs with a certification of
the Chairperson of the People’s Committee of commune, ward or commune-level
town;
+ The employee’s parent, spouse or child dies; the
employee or his/her child gets married with a certificate given by the
commune-level People’s Committee;
+ The employee is taking a vocational training
course according to decision issued by the Director of provincial Department of
Labour, War Invalids and Social Affairs with certificate given by the
vocational training institution;
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+ The employee is getting voluntary detoxification
with certification given by the rehabilitation center or the commune-level
People’s Committee;
+ The employee is transferred to a new unemployment
benefit payer: if the date on which the employee is required to make monthly
notice of job seeking status falls within 15 working days from the day on which
the employee receives documents on transfer to a new unemployment benefit payer
but before the day on which the employee submits such documents to the employment
service center to which he/she is transferred, the employee must not directly
make monthly notice of job seeking status.
The employee must inform the employment service
center (by telephone, email or fax, etc.) of the reasons for which he/she must not
directly make direct monthly notice of job seeking status, and within 03
working days from the prescribed deadline for making monthly notice of job
seeking status, send a registered mail or authorize another person to submit
the original or certified true copy of any of the abovementioned documents
proving that he/she must not directly make monthly notice of job seeking status
to the employment service center from which he/she is receiving unemployment
benefit, unless a male employee reaches 60 years of age or older or a female
employee reaches 55 years of age or older. If documents are sent by post, the
date of making monthly notice of job seeking status is the date written on the
postal stamp.
m) Legal grounds for this administrative
procedure:
- The Employment Law dated November 16, 2013;
- The Government’s Decree No. 28/2015/ND-CP dated
March 12, 2015 providing guidelines for implementation of the Employment Law
regarding unemployment insurance;
- The Government’s Decree No. 61/2020/ND-CP dated
May 29, 2020 providing amendments to the Decree No. 28/2015/ND-CP dated March
12, 2015;
- The Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing
guidelines for Article 52 of the Employment Law and the abovementioned Decree
No. 28/2015/ND-CP dated March 12, 2015.
- The Circular No. 15/2023/TT-BLDTBXH dated
December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of
Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July
31, 2015.
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Form No. 16: Enclosed with the
Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of
Labour, War Invalids and Social Affairs of Vietnam
THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
NOTICE OF JOB
SEEKING STATUS
The ….. month of unemployment benefit enjoyment period
To: The employment
service center of……………………….
I am: ………………………………………………. Date of birth:
......./...../.....
Personal identification number/ID card number:
………………………………….. issued on……………….. Issuing authority:………..
Current residence (if different from the registered
place of permanent residence): ………………………
………………………………………………………………………………………………
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Pursuant to the Decision No……………….. dated………………………,
I am entitled to unemployment benefit for the period of…… months, commencing
from………………… to……………………… in…………. (province/city)
I hereby inform my job seeking results as follows:
(1) First unit (name and address of the
unit, contact person, job position, and interview result).
………………………………………………………………………
(2) Second unit (name and address of the
unit, contact person, job position, and interview result).
………………………………………………………………………
(...) Name of the… unit (...): (name and address
of the unit, contact person, job position, and interview result).
………………………………………………………………………………………………
Current employment status:
...
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□ I have got a job but have not yet signed any
employment contract/public employee contract (specify name and address of
working place, and job's name)………………. Other status (sickness, pregnancy,
etc.) …………………………
I undertake that all the information provided
herein is accurate and I shall assume legal responsibility for any false
information./.
…………… [place
& date]
Made by
(signature and full name)