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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 28/2015/NĐ-CP
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Hanoi, March 12,
2015
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DECREE
DETAILING THE
IMPLEMENTATION OF A NUMBER OF ARTICLES ON UNEMPLOYMENT INSURANCE OF THE LAW ON
EMPLOYMENT
Pursuant to the Law on Government organization
dated December 25, 2001;
Pursuant to the Law on Employment dated November
16, 2013;
At the request of the Minister of Labor, War
Invalids and Social Affairs
The Government
promulgates the Decree detailing the implementation OF a number of articles of
the Law on employment on unemployment insurance
Chapter I
GENERAL PROVISIONS
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This Decree details the implementation of a number
of articles of the Law on employment on support for training courses,
refresher courses for improvement of occupational skills for job maintenance for employees; unemployment insurance
fund ; unemployment insurance organizations; rights and responsibilities of
agencies, units, organizations and individuals involved in implementing
unemployment insurance policy
Article 2. Regulated entities
1. Employees, employers obliged to participate in
unemployment insurance under the provisions of Article 43 of the Law on
Employment.
2. Employees who are enterprise managers,
cooperative managers receiving wages and participating in compulsory social
insurance under the provisions of the legislation on social insurance
3. Social insurance organizations, Services of
Labour, War Invalids and Social Affairs in central-affiliated cities and
provinces (hereinafter referred to as the Services of Labour, War Invalids and
Social Affairs), employment service centers established by State management
agencies on employment and assigned tasks as prescribed in paragraph 2 of
Article 38 of the Law on Employment (hereinafter referred to as employment
service centers).
4. Agencies, organizations, and individuals
involved in unemployment insurance under the provisions of the Law on
Employment
Chapter II
SUPPORT FOR TRAINING
COURSES, REFRESHER COURSES FOR IMPROVEMENT OF OCCUPATIONAL SKILLS FOR JOB
MAINTENANCE FOR EMPLOYEES
Article 3. Conditions for
support
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1. Having fully paid
unemployment insurance premiums under the provisions of paragraph 2 of Article
44 of the Law on Employment for at least full 12 consecutive months by the time
of request for support for training and retraining to improve occupational
skills qualifications for job maintenance for the workers if the employers have
paid the unemployment insurance premiums for that month.
2. Meeting
difficulties due to economic recession or other force majeure causes,
forcing them to undergo restructuring or change production and business technologies
resulting in risk of reduction of the number of current employees of at least
30% or 50 or more employees for the employers who employ 300 or fewer employees
and of at least 100 or more employees for the employers who employ more than
300 employees, not including workers concluding contract working less than 03
months.
The force majeure shall include: Fires, floods,
earthquakes, tsunamis, enemy-inflicted destruction, epidemic diseases damaging
partly or wholly facilities, equipment, machinery, factory certified by the
Chairman of the People's Committees at district level at the place of damage.
3. Lacking funds for
organizing training and retraining to improve occupational skills
qualifications for workers determined through production, business reports of
the loss year before the support proposal certified by the tax authorities.
4. Having a plan on
training and retraining to improve occupational skills qualifications for job
maintenance, approved by a competent state agency.
Article 4. Support
1. The financial support for training courses,
refresher courses for improvement of occupational skills shall be maximum 01
million / person / month. The specific support level shall be depended on
month, the actual study time of each job or each course but it shall not be
more than 06 months.
If vocational courses are not in a full month, it
shall be calculated according to the principle: Less than 15 days shall be a
half of month, 15 days or more shall be 01 month to determine the level of
financial support of training, retraining to improve their occupational skill
qualification for job maintenance for workers.
2. With regard to training courses, refresher
courses for improvement of occupational skills of which expense is higher than
the support fund as specified in paragraph 1 of this Article, the expense which
is higher than the support fund shall be paid by employers.
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UNEMPLOYMENT INSURANCE
FUND
Article 5. Sources of
Unemployment Insurance Fund
1. Contributions and support as defined in Paragraph
1, Article 57 of the Law on Employment.
2. Profits from
the unemployment insurance Fund’s investment activities;
3. Other lawful
revenues, including:
a) Interest for late payment of unemployment
insurance as prescribed;
b) Other lawful
revenues as prescribed by law
Article 6. Payment method and
source of unemployment insurance premiums from employers
1. Every month, employers shall pay unemployment
insurance premiums under the provisions of Point b, Clause 1, Article 57 of the
Law on Employment and deduct salary of each employee at the rate specified in
clause 1 of Article 57 of the Law on Employment to pay at the same time to the
unemployment insurance fund
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a) If employers being agencies, units,
organizations are covered all expenses of regular activities by the state
budget, the state budget shall cover full unemployment insurance premiums and
be arranged in estimates of annual recurrent expenditure of agencies, units and
organizations under the provisions of the legislation on decentralization of
the state budget.
b) If employers being agencies, units,
organizations are covered a part of expenses of regular activities by the state
budget, the state budget shall cover full unemployment insurance premiums for
persons receiving salary from the State budget and be arranged in estimates of
annual recurrent expenditure of agencies, units and organizations under the
provisions of the legislation on decentralization of the state budget.
Employers shall self-pay the remaining unemployment insurance premium under the
provisions of c and d of this paragraph.
c) If employers being enterprises, units and
organizations have production, sales and service, the unemployment insurance
premiums shall be accounted for in the cost of production, business and
services in the period.
d) If employers are agencies, units and other
organizations, the unemployment insurance premiums shall be included in
operations funds of agencies, units and organizations in accordance with law.
Article 7. Support from the
state budget
1. The State budget shall support unemployment
insurance Fund in accordance with the principles of maintaining the annual fund
balance with 02 times of the total expenditures for unemployment insurance
benefits and costs of administrative expenditures of unemployment insurance of
the preceding year, but the maximum support is 1% of month salary fund paid for
unemployment insurance of the employees participating in unemployment
insurance.
2. Transfer method of supportive budget from the
State budget to unemployment insurance Fund:
a) In the fourth quarter of each year, Vietnam
Social Insurance shall base on estimates of revenues and expenditures for
unemployment insurance assigned in year by competent authorities in order to
determine the funding for unemployment insurance fund in the previous year
according to the provisions of paragraph 1 of this Article, and report to the
Ministry of Finance to transfer once to the unemployment insurance fund;
b) Within 10 working days from receipt of the
statement of revenues and expenditures for unemployment insurance of the
previous year of the Vietnam Social Insurance approved by management board of
Vietnam Social Insurance, The Ministry of Finance shall verify and determine
the supportive funding for unemployment insurance of the previous year. If the
funding of the Ministry of Finance allocated under the provisions of point a,
this paragraph is larger than the support funding as defined in Paragraph 1 of
this Article, Vietnam Social Insurance shall pay to the state budget the
difference; if the allocated fund is smaller than the support fund, the
Ministry of Finance shall report to competent authorities for approval of the
additional support level for the next year.
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Article 8. Administrative
expense of unemployment insurance
1. Content and administrative expense level of
unemployment insurance shall comply with the provisions of the Law on Social
Insurance and the provisions of the legislation on financial management for the
Vietnam Social Insurance.
2. Annual administrative expense of unemployment
insurance shall be allocated and estimated as follows:
a) Vietnam social insurance shall fulfilled tasks
of collection and expenditure, management and use of the unemployment insurance
fund;
b) The Ministry of Labor, War Invalids and Social
Affairs shall receive application for unemployment benefits, settle the
unemployment insurance benefits and the tasks related to unemployment
insurance;
c) Social insurance organizations of the Ministry
of National Defense, social insurance organizations of ON PEOPLE’S PUBLIC SECURITY FORCES shall collect unemployment insurance.
3. Transfer method of management fund for
unemployment insurance :<0}
Based on cost estimates for unemployment insurance
management allocated by the Prime Minister, Vietnam Social Insurance shall
transfer funds to the Ministry of Labor, War Invalids and Social Affairs, the
social insurance of the Ministry of National Defense, the social insurance of on people’s public security forces quarterly on
the day before10th of the first month of the quarter, the amount transferred
each time shall be the average of a quarter of the allocated estimates. If on
January 10, competent authorities have not allocated the estimates, Vietnam
Social Insurance shall advance with the average amount of one quarter of
allocated estimate of the previous year; such advance shall be deducted from
the year funds in accordance with the allocated estimates.
Article 9. Investment from
unemployment insurance Fund
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2. Management board of Vietnam social insurance
shall decide the investment under the forms specified in paragraph 2 of Article
59 of the Law on Employment.
3. Profits from investments, growth of unemployment
insurance fund each year shall be added to the unemployment insurance fund.
Article 10. Financial plans,
management, use and settlement
1. Each year, the specified time for establishing
state budget estimates, agencies and organizations involved shall make plan for
revenues and expenditures for unemployment insurance and the administrative
expense for unemployment insurance and submit to Vietnam Social Insurance as
follows:
a) Social insurance in central-affiliated cities
and provinces shall make plan for revenues and expenditures for unemployment
insurance and administrative expense for unemployment insurance;
b) Social insurance of the Ministry of National
Defense, social insurance of on people’s public
security forces shall make plan for collection of unemployment insurance and
administrative expense for unemployment insurance in the Ministry of National
Defense, the Ministry of Public Security;
c) The Ministry of Labor, War Invalids and Social
Affairs shall make plan for administrative expense of unemployment insurance
for units in Labor, War Invalids and Social Affairs sector - Invalids assigned
tasks of unemployment insurance.
2. Vietnam social insurance shall summarize
estimates of revenues and expenses on unemployment insurance benefits, annual
administrative expense of unemployment insurance request the management board
of Vietnam social insurance for approval and submit to the Ministry of Finance,
the Ministry of Labor, War Invalids and Social Affairs.
The Ministry of Finance shall take charge and
cooperate with the Ministry of Labor, War Invalids and Social Affairs to
consider, summarize and request the Prime Minister for decision on annual
financial plans allocation.
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The Ministry of Labor, War Invalids and Social
Affairs shall allocate administrative expense of unemployment insurance to
units in Labor, War Invalids and Social Affairs sector - Invalids assigned
tasks of unemployment insurance.
4. The units assigned plans for revenue and
expenditure from the unemployment insurance fund shall be responsible for the
management, use and settlement reports to submit to Vietnam Social Insurance to
verify and summarize to request the management board of Vietnam social
insurance for approval.
Chapter IV
IMPLEMENTATION
ORGANIZATIONS OF UNEMPLOYMENT INSURANCE
Section 1: UNEMPLOYMENT INSURANCE
PARTICIPATION AND PREMIUM PAYMENT
Article 11. unemployment
insurance participation
1. Application for unemployment insurance shall be
application for compulsory social insurance, including the specific content of
unemployment insurance participation.
2. Employers shall make and submit application for
unemployment insurance of employees to social insurance organizations within 30
days from the date labor contract or employment contract of the employees take
effect.
If employees have concluded a labor contract under
seasonal work or under a certain job from 03 full months to less than 12 full
months before January 01, 2015 and 01 are carrying out such labor contract,
employers must pay unemployment insurance for such employees in case the
contract term is in at least 03 months.
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If employees take the unpaid maternity leave or
sick leave for 14 working days or more, receiving social insurance allowance,
employees postpone labor contract or working contract concluded in accordance
with the law; such employees are not eligible for unemployment insurance during
this period.
Article 12. unemployment
insurance premium payment
1. The payment time of unemployment insurance
premium of employers and employees shall be the payment time of compulsory
social insurance.
2. Employees who are paying unemployment insurance
premium shall be employees with the month preceding the date of termination of
labor contracts or working contract paid unemployment insurance and certified
by social insurance organizations Preceding months shall include the
following time:
a) The employees with the month preceding the date
of termination of the labor contract or working contract take unpaid maternity
or sick leave for 14 working days or more, receiving the allowance of social
insurance;
b) The employees with the month preceding the date
of termination of the labor contract or working contract temporarily suspend
the concluded labor contract or working contract were under the provisions of
law without receiving monthly salary at the unit.
3. Payment month of unemployment insurance premium
of employees shall be included if the employers and the employees have carried
put the labor contract or working contract and have paid the unemployment
insurance contribution premium.
Article 13. Record of payment
of unemployment insurance premium, receipt of unemployment insurance allowance
1. Records of payment of unemployment insurance
premium, receipt of unemployment insurance allowance of employees under the
provisions of this Decree shall be social insurance books.
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Section 2: JOB CONSULTANCY,
PLACEMENT
Article 14. Job consultancy,
placement
1. Employees under the provisions in Clause 1,
Article 43 of the Law on Employment who are participating in unemployment
insurance but their labor contracts or working contract is terminated shall be
counseled and place job for free through employment service center.
2. Funding for job consultancy and placement of
employment service center shall be allocated according to the number of people
applying for unemployment benefits of the preceding year and made settlement as
prescribed on the basis of the actual number of people applying for
unemployment benefits.
3. Fee for job consultancy and placement shall
comply with the legislation on fees.
Article 15: job consultancy,
placement
1. Employees shall record all information in job
consultancy and placement sheet in the form defined by the Minister of
Labor, War Invalids and Social Affairs and submit directly to the employment
service center.
2. Employment service center shall consult, place
jobs on the basis of demand, ability of employees and needs of the labor
market.
3. Employment service center shall arrange staff
and facilities to consult and place jobs.
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Article 16. Application for
unemployment benefit
1. A written form of unemployment benefit defined
by the Minister of Labor, War Invalids and Social Affairs.
2. An original or certified true copy of one of the
following documents certifying the termination of the labor contract or working
contract:
The labor contract or working contract expired or
terminated under its term;
b) The resignation
decision;
c) The dismission decision;
d) Disciplinary decisions on dismissal;
dd) The written notice or agreement of termination
of the labor contract or working contract.
If employees participate in unemployment insurance under
the provisions of Point c, Paragraph 1 of Article 43 of the Law on Employment,
the documents certifying the termination of the labor contract under seasonal
work or under a certain job from full 03 months to less than 12 months shall be
the original or certified true copy of such contract.
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social insurance organizations shall certify the
premium payment of unemployment insurance and return the social insurance book
to employees within 05 working days from receipt of the request of the
employers.
Employers being agencies, units and enterprises of
the Ministry of National Defense, the Ministry of Public Security shall, within
30 days, social insurance of the Ministry of National Defense , social
insurance of the people’s public security forces
shall certify the premium payment of unemployment insurance and return the
social insurance book to employees from the date of receipt of the
request of the employers.
Article 17. Submission of
application for unemployment benefit
1. Within 03 months from the date of termination of
labor contract or working contract, employees who have no jobs and need
unemployment benefit shall directly submit 01 application for unemployment
benefits in accordance with the provisions of Article 16 of this Decree to
employment service center in the locality where employees want to receive
unemployment benefits.
2. Employees are entitled to authorize another
person to submit the application by post in one of the following cases:
a) Sickness,
Maternity certified by a competent medical facility;
b) Accident
certified by traffic policemen or competent medical facilities;
c) Fires, floods, earthquakes, tsunami,
Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the
People's Committees at commune level.<0}
Submission date of application for unemployment
benefits in the above cases shall be the date the authorized person directly
submit the application or the date of the postmark in case of submission by
post
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Article 18. Settlement of
unemployment benefits
1. Employment service centers shall consider,
request the Director of the Services of Labour, War Invalids and Social Affairs
for decision on unemployment benefits of employees within 20 working days from
receipt of a satisfactory application in accordance with regulations, if the
application is submitted by post, the date of receipt shall be the date stamped
on the postmark.
If employees have not found jobs within 15 working
days from the date of submission of application for unemployment benefits
decided on unemployment benefit by the Director of the Services of Labour, War
Invalids and Social Affairs, the employment service centers shall certify the
settlement of unemployment benefits of employees in the social insurance boos
and return to the employees along with the decision of unemployment benefits
after snapping the social insurance books for records.
The time of unemployment benefits of employees
shall be calculated from the 16th working day from the date of submission of
the application for unemployment benefits.
Decision on unemployment benefits shall be sent by
employment service center as follows: 01 shall be sent to social insurance in
central-affiliated cities and provinces (hereinafter referred to as provincial
social Insurance) to pay unemployment benefits and grant health insurance cards
for employees; 01shall be sent to employees who are entitled to unemployment
benefits. Decision on unemployment benefits shall comply with the form defined
by the Minister of Labor, War Invalids and Social Affairs .
If employees are not entitled to unemployment
benefits, the employment service center must notify in writing and clearly
state the reasons.
2. Payment of unemployment benefit
a) Social insurance organization shall pay
unemployment benefit for the first month of the employees within 05 working
days from receipt of the decision of unemployment benefits;
b) Social insurance organizations shall pay
unemployment benefit for the employees from the second unemployment benefit
month onwards within 05 working days from the 07th day of the month of
unemployment benefit if they do not receive a decision of suspension or
termination of unemployment benefit for the employees. If the above 07th day is
a holiday, the payment deadline of unemployment benefits shall be the next
working day.
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Decision on cancellation of the decision of
unemployment benefits shall be sent by employment service center as follows: 01
shall be sent to social insurance at province level in order not to pay
unemployment benefits for employees ; 01shall be sent to employees. Decision on
cancellation of decision of unemployment benefits shall comply with the form
defined by the Minister of Labor, War Invalids and Social Affairs .
4. Within 02 working days from the date of
expiration of receipt of the decision of unemployment benefits, the employees
are still entitled to receive or authorize others to receive the decision if
they are in one of the following cases :
a) Sickness, Maternity certified by competent
medical facility;
b) Accident certified by traffic policemen or
competent medical facilities;
c) Fires, floods, earthquakes, tsunami,
Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the
People's Committees at commune level.
5. Time for payment of unemployment insurance
premium of employees in case of cancellation of decision of unemployment
benefits referred to in paragraph 3 of this Article shall be accumulated under the
provisions of Paragraph 1, Article 45 of the Law on Employment for the next
receipt of unemployment benefit.
6. Within 03 months from the date of expiry of
unemployment benefit of the employees under the decision of unemployment
benefits, but the employees do not receive unemployment allowance and notify in
writing to the social insurance organization where they are receiving
unemployment allowance, such employees shall be determined to have no
need for unemployment benefits. Time of payment of unemployment insurance
premium corresponding to the unemployment allowance that the employees do not
to get shall be stored as a basis of calculating the period of the next
unemployment benefits when the employees are qualified for unemployment
benefits as prescribed.
Within 07 working days after the above duration,
the social insurance organizations must notify in writing to the employment
service center where the employees are receiving unemployment benefits about
their failure to receive unemployment allowance. Notification of failure to
receive unemployment allowance shall comply with the form defined by the
Minister of Labor, War Invalids and Social Affairs.
Within 10 working days from receipt of the notice
of the social insurance organization, employment service centers shall
consider, request the Director of the Services of Labour, War Invalids and
Social Affairs for decision on reservation of the period of premium payment of
unemployment insurance for employees.
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7. Period of receipt of unemployment benefits shall
be calculated based on months of payment of unemployment insurance premiums as
defined in paragraph 2 of Article 50 of the Law on Employment. Employees who
have paid unemployment insurance over 36 months, the months that have not
settled the unemployment benefits shall be reserved as a basis of calculating
the period of the next unemployment benefits when the employees are qualified
for unemployment benefits as prescribed.
Article 19. Temporary
suspension of unemployment benefits
1. Employees who are unemployment benefits must
notify about finding employment under the provisions of Article 52 of the Law
on Employment.
2. Within 02 working days from the date the
employees do not notify about finding employment monthly as prescribed,
employment service center where the employees are receiving unemployment
benefits shall request the Director of the Services of Labour, War Invalids and
Social Affairs for decision on the temporary suspension of unemployment
benefits of the employees.
Decision on temporary suspension of unemployment
benefits shall be sent by employment service center as follows: 01 shall be
sent to social insurance at province level in order to temporarily suspend the
unemployment benefits for employees ; 01shall be sent to employees. Decision on
temporary suspension of unemployment benefits shall comply with the form
defined by the Minister of Labor, War Invalids and Social Affairs .
Article 20. Continuation of
unemployment benefits
1. If employees temporarily suspended unemployment
benefits under the provisions of Paragraph 1 of Article 53 of the Law on
Employment are still in time of unemployment benefits in accordance with the
decision of the Director of the Services of Labour, War Invalids and Social
Affairs but continue to make notification about finding jobs every month as
prescribed, within 02 working days from the date the employees notify about
finding employment, employment service center shall request to the Director of
the Services of Labour, War Invalids and Social Affairs for decision on the
continuation of unemployment benefits for the employees
Decision on continuation of unemployment benefits
shall be sent by employment service center as follows: 01 shall be sent to
social insurance at province level in order to continue to pay unemployment
benefits for employees ; 01shall be sent to employees. Decision on continuation
of unemployment benefits shall comply with the form defined by the Minister of
Labor, War Invalids and Social Affairs .
2. In the suspension period of unemployment
benefits, the employees are not entitled to unemployment benefits.
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1. The cases employees who are entitled to
unemployment benefits are terminated their unemployment benefits shall be
defined as follows:
a) The duration of unemployment benefits is expired
in accordance with the decision of unemployment benefits to employees;
b) Employees are having a job
The employees shall be determined to be employed in
one of the following cases:
- Employees have concluded the labor contract or
working contract for 03 full months or more. The date on which the employees
are defined to have a job shall be the date their labor contract or working
contract takes effect as prescribed by law;
- Entities who do not conclude the contract labor
or working contract have hiring decisions. The date on which the employees are
defined to have a job shall be the beginning date of job recorded in hiring
decisions;
- Employees shall notify about getting a job to
employee service center in the form defined by the Minister of Labor, War
Invalids and Social Affairs and submit directly to the employment service
center. The date on which the employees are defined to have a job shall be the
date stated in the notice of employment of the employees.
c) Employees fulfill military service, police duty
The date on which the employees are defined to
fulfill military service, police duty shall be the date employees join the
army.
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The date on which the employees are defined shall
be the first day of retirement pension stated in the decision on monthly
pension of the competent authority.
dd) After 02 times the employees refuse the jobs
placed by the employment service center where they are receiving unemployment
benefits without a plausible reason.
Employees who are entitled to unemployment benefits
refusing the job in one of the following cases shall be determined to have no
plausible reason:
- Jobs matching trained occupations and
qualifications of the employees;
- Jobs that the employees have worked.
e) During the period of unemployment benefits,
employees do not notify monthly about finding a job to the employment service
center for 03 consecutive months as prescribed ;
g) Employees go abroad to settle, to work with a
term overseas under a contract
The date on which the employees are determined to
settle abroad, to work with a term overseas under a contract shall be the date
the employees exit as prescribed by legislation on entry and exit.
h) Employees study for a period of 12 full months
or more
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i)
Employees are penalized for administrative violations due to violations
of legislation on unemployment insurance
The date on which the employee is determined to be
penalized for the above administrative violations shall be the date the
employees are penalized by the decision of the competent authority.
k) Employees die
The date on which the employees are identified to
be dead shall be the date of the death certificate.
l) Employees are abiding the decision on
application of measures of taking to reform schools, compulsory detoxification
centers
The date on which the employees are determined to
abide the decision on application of measures of taking to reform school,
compulsory detoxification centers shall be the starting date of administrative
handling measures recorded in decisions of the competent authority.
m) Employees are declared to be missing by the
court
The date on which the employees are missing shall
be identified in the court's decision.
n) Employees are detained, serving the prison
sentence
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2. Within 03 working days from the date of
termination of unemployment benefits under the provisions of the points b, c,
d, g and h, Clause 1 of this Article, the employees must notify in writing the
employment service center where they are receiving the unemployment benefits in
the form defined by the Minister of Labor, War Invalids and Social Affairs and
enclose the documents relating to the termination of unemployment benefits
(snapshot), in case of submission by post, it shall be the date of the
postmark.
3. For employees who are entitled to unemployment
benefits but terminated unemployment benefits in the cases specified at Points
b, c, d, dd, e, g, h, i, k, l, m and n Paragraph 1 of this Article, the
employment service center jobs where the employees are entitled to unemployment
benefits shall request the Director of the Services of Labour, War Invalids and
Social Affairs for decision on the termination of unemployment benefits to
employees.
Decision on determination of unemployment benefits
shall be sent by employment service center as follows: 01 shall be sent to
social insurance at province level in order to terminate the unemployment
benefits for employees ; 01shall be sent to employees. Decision on termination
of unemployment benefits shall comply with the form defined by the Minister of
Labor, War Invalids and Social Affairs
4. The employees who are entitled to unemployment
benefits and terminated unemployment benefits on the dates of the month of
unemployment benefits, the employees shall still receive unemployment benefits
for the whole month.
5. The employees who are terminated unemployment
benefits under the circumstances specified in points b, c, h, l, m and n
Paragraph 1 of this Article, the period of unemployment insurance premium
payment corresponding to the remaining time when the employees have not
received unemployment benefits shall be reserved as a basis for calculating the
time of unemployment benefits for the next unemployment benefit receipt when
they are eligible for unemployment benefits under the provisions.
Reserved time shall be calculated by the total
period of unemployment insurance premiums paid subtracting the time of
unemployment benefits received under the principle of each month of
unemployment benefit receipt corresponding to 12 months of paying unemployment
insurance premium.
Article 22. Transfer of
unemployment benefits
1. Employees who have received at least 01 month of
unemployment allowance as prescribed and need to transfer the unemployment
benefits to central-affiliated cities and provinces must request in writing to
transfer the unemployment benefit in the form defined by the Minister of Labor,
War Invalids and Social Affairs and submit to the employment service center
where they are receiving the unemployment benefits.
2. Within 03 working days from receipt of the
request of the employees, the employment service centers shall provide the
transfer application of unemployment benefits for the employees and submit the
letter of introduction of transfer of unemployment benefits to the employment
service center to which the employees transfer in the form prescribed by the
Minister of Labor, War Invalids and Social Affairs. Transfer application of
unemployment benefits shall include:
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b) A letter of introduction of transfer of
unemployment benefit;
c) A snapshot of the decision on unemployment
benefits;
d) A snapshot of the decision on vocational training
support, decision on temporary suspension of unemployment benefits, decision on
continuation of unemployment benefits (if any);
dd) A snapshot of the notice of finding monthly job
(if any), and other papers in application for unemployment benefits.
3. Upon receipt of the application for transfer of
unemployment benefits, the employee shall return the health insurance card to
the social insurance organization which is paying the unemployment allowance to
the employee.
4. Within 02 working days from the date of
provision of application for transfer of unemployment benefits for the
employees under the provisions of paragraph 2 of this Article, the employment
service center from which the employees transfer shall submit the notice on
transfer of unemployment benefit to the provincial Social Insurance to stop
paying unemployment benefits in the form defined by the Minister of Labor, War
Invalids and Social Affairs.
5. Within 10 working days from the date the
employees receive the application for transfer of unemployment benefits, the
employees must submit the application for transfer of unemployment benefits to
the employee service centers where they transfer to except cases provided for in
paragraph 6 of this Article.
From the date the employees receive the application
for transfer of unemployment benefits, the employees shall exercise their
rights and responsibilities while receiving unemployment benefits in accordance
with the law.
6. Employees shall submit the application for
transfer of unemployment benefits beyond the time limit prescribed in paragraph
5 of this Article, but within 07 working days from the date of expiration of
transfer of unemployment benefits if they are in one in the following cases:
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b) Accident certified by traffic policemen or
competent medical facilities;
c) Fires, floods, earthquakes, tsunami,
Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the
People's Committees at commune level.
7. Within 03 working days from receipt of the
application for transfer of unemployment benefits submitted by the employees,
the employment service centers shall submit a written request for permission
for social insurance at province level to which the employees transfer to
continue paying unemployment benefits and issue the health insurance cards for
employees enclosed with the decision snapshot of unemployment benefits of the
employees. The written request for permission of the provincial social
insurance shall be in the form defined by the Minister of Labor, War Invalids
and Social Affairs .
8. Organizations of Social Insurance to which the
employees transfer and receive unemployment benefits shall make payment the
unemployment allowance and issue the medical insurance for the employees as
prescribed in law.
Article 23. Issuance and
revocation of health insurance card
1. Issuance of health insurance card
Based on the decision of unemployment benefits, the
social insurance organization shall issue the health insurance card for
employees.
2. Revocation of health insurance card
If employees are entitled to unemployment benefits
every month and terminated unemployment benefits, the employees shall not be
entitled to health insurance and must return the health insurance card for the
social insurance organization under the guidance of Vietnam Social Insurance.
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Article 24. Application for
vocational training support
1. Application for vocational training support for
employees receiving unemployment benefits shall include:
A written request for vocational training support
in the form defined by the Minister of Labor, War Invalids and Social Affairs .
2. Application for vocational training support for
unemployed workers who have paid unemployment insurance premiums for 09 full
months, but are not eligible for unemployment benefits shall include :
a) A written request for vocational training
support as specified in paragraph 1 of this Article;
b) An original or certified true copy of one of the
papers prescribed in Clause 2, Article 16 of this Decree;
c) Social insurance books.
Article 25. Settlement of
vocational training support
1. The employees meeting the conditions prescribed
in Article 55 of the Law on Employment having a need for vocational training
shall be supported 01 time to study 01 vocation at the training institution in
accordance with the law on vocational training (hereinafter referred to as
vocational training institutions). Methods of funding for vocational training
shall be employed through vocational training institutions.
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a) Application for vocational training support as
defined in Paragraph 1 of Article 24 of this Decree shall be submitted to the
employment service center where the employees are entitled to unemployment
benefits;
b) Application for vocational training support as
defined in Paragraph 2 of Article 24 of this Decree shall be submitted to the
employment service center at the locality of the employees having needs for
vocational training ;
3. The employment service center shall inspect the application
for vocational training support and give the appointment paper of reply to
employees in the form defined by the Minister of Labor, War Invalids and Social
Affairs .
4. Within 15 working days from the date of receipt
of a satisfactory application for vocational training support, the employment
service center shall inspect and request the Director of the Services of
Labour, War Invalids and Social Affairs for decision on supporting vocational
training for the employees.
Decision on vocational training support shall be
sent by the employment service center as follows : 01 shall be sent to the
vocational training institutions to conduct training for employees; 01 shall be
sent to the employees Decision on the vocational training support in the form set
by the Minister of Labor, War Invalids and Social Affairs. If the employees are
not supported for vocational training, the employment service centers must make
a reply in writing and clearly state the reasons.
For unemployed persons specified in paragraph 2 of
Article 24 of this Decree settled the vocational training support, the
employment service center shall certify that vocational training support has
been settled in social insurance books and snap 01 to store.
If the employee’s unemployment benefits have
expires but he/she still continues the vocational training or prepares to
participate in vocational training under the decision of the Director of the
Services of Labour, War Invalids and Social Affairs, they shall be supported
for vocational training until the period of vocational training is expired.
5. Vocational training facility shall organize
training for employees as decided by the Director of the Services of Labour,
War Invalids and Social Affairs and shall make a list signed by the vocational
trained employees and submit to social insurance organizations for make
settlement the supportive budget for vocational training as prescribed.
Section 5: SUPPORT FOR
TRAINING COURSES, REFRESHER COURSES FOR IMPROVEMENT OF OCCUPATIONAL
SKILLS FOR JOB MAINTENANCE FOR EMPLOYEES
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1. A written request for funding for training
courses, refresher courses for improvement of occupational skills for job
maintenance for employees shall include the following basic content: Lines or
fields of manufacturing, business; production and trading; number of employees
at the time of requesting for support; difficulties, causes of structural
changes or technology of manufacturing, business; risk of reduction of the
number of employees; funding needs for training courses, refresher courses for
improvement of occupational skills for employees ; organizational commitment of
training courses, refresher courses for improvement of occupational skills and
use employees in accordance with the approved plans.
2. A project of change of the structure or
production , business technologies approved by the competent authorities.
3. A plan for training and retraining to improve
occupational skills qualifications for job maintenance as specified in paragraph
4 of Article 3 of this Decree.
4. Proofs of insufficiency of funds to organize
support for training courses, refresher courses for improvement of
occupational skills for employees under the provisions of paragraph 3 of
Article 3 of this Decree.
5. A written confirmation of the social insurance
institutions where the employers pay unemployment insurance premiums for
employees under the provisions of Paragraph 1 of Article 3 of this Decree. The
Minister of Labour – War Invalids and Social Affairs shall provide
guidance on Paragraph 1 and Paragraph 3 of this Article
Article 27. Settlement of
funding for training courses, refresher courses for improvement of occupational
skills for job maintenance for employees
1. Employers having needs for support for
training courses, refresher courses for improvement of occupational
skills for employees must submit the application in accordance with the
provisions of Article 26 of this Decree to the Services of Labour, War Invalids
and Social Affairs at its headquarters for verification.
2. Within 30 days of receipt of a satisfactory
application of the employers under the regulations, the services of labour, war
invalids and social affairs shall verify and approve the plan for training and
retraining to improve occupational skills qualifications for job maintenance;
take charge and cooperate with the service of finance and related units,
agencies to verify the application for support for support for training
courses, refresher courses for improvement of occupational skills as prescribed
in article 3 of this decree and request the president of the people’s committee
in central-affiliated cities and provinces (hereinafter referred to as the
presidents of the provincial people’s committees) for consideration and decision
on support funding for training courses, refresher courses for improvement of
occupational skills for job maintenance for employees .
If the Services of Labour, War Invalids and Social
Affairs do not support funding, they must make a reply in writing and clearly
state the reasons for the employers.
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3. Social insurance organization shall advance 50%
of the supportive budget for support for training courses, refresher
courses for improvement of occupational skills for job maintenance for
employees in accordance with the decision of the presidents of the provincial
people’s committees within 05 working days from receipt of the decision of the
presidents of the provincial people’s committees and make settlement as
prescribed on the actual basis of implementation of the plan for training
courses, refresher courses for improvement of occupational skills .
Article 28. Implementation of
support for training courses, refresher courses for improvement of occupational
skills for job maintenance for employees
1. Employers shall organize training or cooperate
with vocational training institutions, employment service centers to organize
training courses, refresher courses for improvement of occupational skills for
employees under the decision on support of Presidents of the provincial
People’s Committees and ensure job maintenance for employees.
2. Employers shall conduct or cooperate with
vocational training institutions to conduct training courses, refresher courses
for improvement of occupational skills for job maintenance for employees under
the approved plan.
3. Services of Labour, War Invalids and Social
Affairs shall monitor the implementation of support for training courses,
refresher courses for improvement of occupational skills for job maintenance
for employees under the decision on support of Presidents of the provincial
People’s Committees
Chapter V
RIGHTS AND
RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS, EMPLOYMENT SERVICE CENTER, SERVICES
OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS, SOCIAL INSURANCE ORGANIZATIONS
Article 29. Rights of
employees
1. Receive social insurance book fully certified on
unemployment insurance premium payment upon termination of the labor contract
or working contract.
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3. Authorize another person to submit the
application for unemployment benefits under the provisions of paragraph 2 of Article
17, receive the decision on receipt of unemployment benefits under the
provisions of paragraph 3 of Article 18 of this Decree.
4. Request the employer to provide information
about unemployment insurance premium payment; request the employment service
center, social insurance institutions to provide information relating to
unemployment insurance.
5. Complain, denounce about unemployment insurance
as prescribed by law.
6. Other rights prescribed by law.
Article 30. Obligations
of employees
1. Pay unemployment insurance premium fully and
correctly in accordance with the provisions of Point a, Clause 1, Article 57 of
the Law on Employment.
2. Implement the regulations on participation in
unemployment insurance.
3. Store, use social insurance books, health
insurance cards as prescribed
4. Employees who concluding many labor contracts
upon termination of labor contracts which they are participating in
unemployment insurance must notify the next employers to continue to
participate in unemployment insurance as prescribed.
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6. Notify monthly the employment service center on
finding a job while receiving unemployment benefits in accordance with
regulations.
7. Get a job or participate in appropriate
vocational courses when the employment service centers introduce during period
of unemployment benefits.
8. Immediately notify the employment service center
where the application for unemployment benefit is submitted within 15 working
days from the date of submitting the application for unemployment benefits if
they find jobs.
9. Get notice about not being entitled to
unemployment benefits or not being supported for vocational training, the
decision on unemployment benefits, the decision on the cancellation of the
decision on unemployment benefits, decisions on support for vocational
training, decision on temporary suspension of unemployment benefits, decide on
the continuation of unemployment benefits, decide on the termination of
unemployment benefits, decision on reserving the period of the unemployment
insurance premium payment as prescribed.
10. Notify in accordance with the employment
service center in cases of termination of unemployment benefits under the
provisions of the points b, c, d, g, h, k and n Paragraph 1 of Article 21 of
this Decree.
11. Return the health insurance card for the social
insurance organization in cases of termination of unemployment benefits under
the provisions of the points b, c, d, e, f, g, h, i, l and n Paragraph 1 of
Article 21 of this Decree and in the case of transfer of the unemployment
benefits under the provisions of Article 22 of this Decree.
12. Implement fully the provisions of the
legislation on unemployment insurance and other provisions of the relevant
legislation.
Article 31. Rights of
employers
1. Support funding for training courses, refresher
courses for improvement of occupational skills for job maintenance for
employees as prescribed.
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3. Complain, denounce unemployment insurance as
prescribed by law.
4. Other rights prescribed by law.
Article 32. Responsibilities
of employers
1. Take charge and cooperate with Trade Union
organizations to inform, propagate, propagate policies and legislation on
unemployment insurance.
2. Determine participants of unemployment
insurance, carry out the procedures for participation in unemployment
insurance, payment of unemployment insurance premiums correctly, fully and
promptly as prescribed by law.
3. Preserve application for participation of
unemployment insurance of employees during the working time in the unit of the
employees. Present the documents, records and provide relevant information as
required by the competent State agencies upon inspection of unemployment
insurance.
4. Provide information on unemployment insurance
payment within 02 working days from the date the employee requests.
5. Provide a copy of the labor contract or working
contract or certification of the unilateral termination of the labor contract
or working contract for employees at the latest within 02 working days from the
date of the employee terminates the labor contracts or working contract. Carry
put procedures for certification of unemployment insurance premium payment for
the employee for him/her to complete the application for unemployment insurance
as prescribed.
6. Notify the employment service center at its head
office of the employers when there is a change of employees in the unit under
the guidance of the Minister of Labour – War Invalids and Social Affairs. Units
under the armed forces, Minister of Labour – War Invalids and Social Affairs
shall take charge and cooperate with the Minister of National Defense and the
Minister of Public Security for implementation guidance.
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8. Commence training courses, refresher courses for
improvement of occupational skills for job maintenance for employees in
accordance with the plan approved by competent agencies.
9. Use the employees who have been attended
training course, refresher courses d for improvement of occupational skills
according to the approved plans and report the results to the Services of
Labour, War Invalids and Social Affairs within 30 days from the end of the
training course.
10. Fulfill other responsibilities as prescribed by
law.
Article 33. Rights of
employment service centers
1. Refuse requests for unemployment insurance
benefits which are not prescribed by legislation
2. Petition to competent State agencies for formulation,
rectification, modification of regulations, policies, legislation on
unemployment insurance and management of the unemployment insurance fund.
3. Petition to competent State agencies for
handling of violations of the law on unemployment insurance.
4. Other rights prescribed by law.
Article 34. Responsibilities
of employment service centers
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2. Receive application for unemployment benefits
and application for support for vocational training, consider and carry out
procedures for settlement of unemployment benefits, support for vocational
training under the provisions of law.
3. Organize job consultancy, placement and
vocational training to employees in accordance with law.
4. Inspect, track and update information of
employees related to unemployment insurance benefits.
5. Implement regulations on monthly, quarterly,
annual and extraordinary reports to the Ministry of Labour – War Invalids and
the Services of Labour, War Invalids and Social Affairs on unemployment
insurance under the provisions of law.
6. Provide documents and information relating to
unemployment insurance as required by the employees and Trade Union
organizations and competent agencies in accordance with law.
7. Store and preserve of dossiers for enjoyment of unemployment insurance indemnities as
prescribed by law.
8. Train, retrain to improve occupational skill
qualification and application of information technology in the management of
unemployment insurance and settlement of enjoyment of unemployment insurance
benefits for employments as prescribed.
9. Participate in international cooperation in
unemployment insurance
10. Fulfill other responsibilities as prescribed by
law.
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1. Inspect payment of unemployment insurance
premium, receipt of unemployment insurance benefits for employees and
employers.
2. Refuse requests for payment of unemployment
insurance benefits which are not prescribed by legislation
3. Petition to the competent agencies for
formulation, rectification, modification of regulations, policies and
legislation on unemployment insurance; management and use of the unemployment
insurance fund; handle violations of the law on unemployment insurance or
petition to competent state agencies to handle violations of the law on
unemployment insurance as prescribed by law.
4. Other rights prescribed by law.
Article 36. Responsibilities
of social insurance institutions
1. Notify annually to each employee of information
on payment of unemployment premium of employees.
2. Propagate regulations, policies, legislation on
unemployment insurance; guide procedures for registration of participation and
collect unemployment insurance premium for employees, employers under
participation in unemployment insurance.
3. Collect unemployment insurance premium
4. Provide information on participation and payment
of unemployment insurance premium of employees for employment service centers in
administrative division, except for social insurance of the Ministry of
National Defense and social insurance of Public Security.
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6. Stop paying unemployment benefits, support for
vocational training, support for training courses, refresher courses for
improvement of occupational skills for job maintenance for employees and revoke
the health insurance cards for persons receiving unemployment benefits when
there is a decision of the competent authority.
7. Issue health insurance cards and pay health
insurance premiums for persons receiving unemployment benefits in accordance
with the law.
8. Manage and use the unemployment insurance funds
in accordance with law.
Implement measures to preserve and increase the
unemployment insurance fund as prescribed by law.
10. Transfer funds for unemployment insurance
management to the Ministry of Labour – War Invalids and Social Affairs as
prescribed.
11. Fulfill tasks of statistics, accounting for
unemployment insurance.
12. Apply information technology in the management
of unemployment insurance; keep records of the participants of unemployment
insurance in accordance with the law
13. Provide fully and promptly information on
participation, payment of unemployment insurance premiums when employees
request
14. Provide documents and information relating to
unemployment insurance at the request of competent state agencies.
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16. Report to the Ministry of Finance and the
Ministry of Labour – War Invalids and Social Affairs on the situation of
revenue and expenditure, management and use insurance unemployment funds of the
first 6 months of the year and the previous year every 06 months, before July
31 and every year before January 31.
17. Fulfill other responsibilities as prescribed by
law.
Article 37. Rights of the
Services of Labour, War Invalids and Social Affairs.
1. Issue decisions on enjoyment of unemployment
benefits, decision of support for vocational training, the decision on the
cancellation of unemployment benefits, decide on the continuation of unemployment
benefits, decide on the termination of unemployment benefits, decision on
cancellation of decision on unemployment benefit, decision on reserving the
period of the unemployment insurance premium payment as prescribed.
2. Verify and approve the plans for training and
retraining to improve occupational skills qualifications and job maintenance;
verify the application for support, monitor the implementation of support for
training courses, refresher courses for improvement of occupational skills for
job maintenance for employees as prescribed.
3. Monitor and inspect the implementation of the
legislation on unemployment insurance
4. Settle complaints, denunciation on unemployment
insurance as prescribed by law.
5. Petition to competent State agencies for formulation,
rectification, modification of regulations, policies, legislation on
unemployment insurance.
6. Petition to competent State agencies for
handling of violations of the law on unemployment insurance.
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Article 38. Responsibilities
of the Services of Labour, War Invalids and Social Affairs.
1. Take charge and cooperate with related agencies
to inform, propagate policies and legislation on unemployment insurance.
2. Settle complaints, denunciation of
organizations, individuals implementation of regulations on unemployment
insurance as prescribed by law.
3. Implement the regulations on every-06-month,
every-year and extraordinary report to the Ministry of Labour – War Invalids
and Social Affairs, the provincial People's Committee in accordance with the
law.
4. Provide documents and information relating to
unemployment insurance at the request of competent state agencies.
5. Participate in international cooperation and
scientific research on unemployment insurance
6. Fulfill other responsibilities as prescribed by
law.
Chapter VI
IMPLEMENTING PROVISIONS
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1. The period that employees have paid unemployment
insurance premium under the provisions of the Law on Social Insurance before the
Law on Employment take effects but have not enjoyed unemployment benefits shall
be the period of payment of unemployment insurance premium as specified in
Article 45 of the Law on Employment.
2. The period that employers pay unemployment
insurance premium for employees shall be counted to exempt from payment of
redundancy pay or severance pay under the provisions of legislation on labor,
officers.
3. The time employees actually work under the labor
contract, working contract with the employers without paying unemployment
insurance premium shall be counted to consider severance allowance, redundancy
pay under the provisions of current labor legislation or severance pay as
prescribed by legislation on officers.
4. Employees who have submitted the application for
unemployment benefit before January 01 , 2015 shall comply with the provisions
of the Government's Decree No. 127/2008 / ND-CP dated December 12, 2008
providing instructions on the implementation of a number of articles of Law on
Social insurance on unemployment insurance; the Government's Decree No.
100/2012 / ND-CP dated November 21, 2012 amending and supplementing a number of
articles of the Government's Decree No. 127/2008 / ND-CP dated December 12,
2008 providing instructions on the implementation of a number of articles of
Law on Social insurance on unemployment insurance.
Article 40. implementation
1. The Minister of Labor, War Invalids and Social
Affairs shall provide guidance and commence the implementation of this Decree.
2. The Minister of Finance shall be responsible for
covering supportive budget for unemployment insurance Fund in accordance with
the provisions of Article 7 of this Decree.
3. The Minister of National Defense, the Minister
of Public Security shall base on their functions and duties to guide and
organize the implementation of this Decree.
4. The other related Ministries within their
functions, tasks and powers shall be responsible for implementation of this
Decree.
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1. This Decree shall take effect from May 01, 2015.
The regulations in this Decree shall be implemented from January 01, 2015.
2. The following decrees will expire after the date
this Decree takes effect:
The Government's Decree No. 127/2008 / ND-CP dated
December 12, 2008 providing instructions on the implementation of a number of
articles of Law on Social insurance on unemployment insurance.
b) The Government's Decree No. 100/2012 / ND-CP
dated November 21, 2012 amending and supplementing a number of articles of the
Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing
instructions on the implementation of a number of articles of Law on Social
insurance on unemployment insurance.
Article 42. Responsibilities
for implementation
Ministers, Heads of ministerial-level agencies, Heads
of Governmental agencies , the President of the People’s Committee in
central-affiliated cities and provinces, agencies, organizations, businesses
and individuals involved shall be responsible for the implementation of this
Decree. /.
FOR GOVERMENT
PRIME MINISTER
Nguyen Tan Dung
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