|
THE MINISTRY
OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
28/2015/TT-BLDTBXH
|
Hanoi, July
31, 2015
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CIRCULAR
ON GUIDELINES FOR ARTICLE 52 OF THE LAW ON EMPLOYMENT AND
DECREE NO. 28/2015/ND-CP DATED MARCH 12, 2015 OF THE GOVERNMENT ON GUIDELINES
FOR THE LAW ON EMPLOYMENT IN TERMS OF UNEMPLOYMENT INSURANCE
Pursuant to the Law on employment dated
November 16, 2013;
Pursuant to the Government's Decree No.
106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers
and organizational structure of the Ministry of Labor, War Invalids and Social
Affairs;
Pursuant to Decree No. 28/2015/ND-CP dated
March 12, 2015 of the Government on guidelines for the Law on employment in
terms of unemployment insurance;
At the request of the Director of Department
of employment,
The Minister of Labor, War Invalids and
Social Affairs promulgates a Circular on guidelines for Article 52 of the Law
on employment and the Decree No. 28/2015/ND-CP dated March 12, 2015 of the
Government on guidelines for the Law on employment in terms of unemployment
insurance.
Chapter I
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Article 1. Scope
This Circular provides guidelines for Article 52
of the Law on employment and the Decree No. 28/2015/ND-CP dated March 12, 2015
of the Government on guidelines for the Law on employment in terms of
unemployment insurance.
Article 2. Regulated
entities
The regulated entities of this Circular are the
regulated entities prescribed in Article 2 of the Decree No. 28/2015/ND-CP
dated March 12, 2015 of the Government on guidelines for the Law on employment
in terms of unemployment insurance (hereinafter referred to as Decree No. 28/2015/ND-CP).
Chapter II
APPLICATION FOR AND
PAYMENT OF UNEMPLOYMENT INSURANCE PREMIUMS
Article 3. Application for
unemployment insurance prescribed in Clause 2 Article 11 of Decree No.
28/2015/ND-CP
1. Each employer shall prepare and submit
application for unemployment insurance of each employee who is compulsory to
have unemployment insurance to a social security agency within 30 days from the
date on which the labor contract/employment contract of the employee takes
effect.
2. If an employee concludes multiple labor
contracts that are all compulsory to have unemployment insurance and he/she is
purchasing unemployment insurance under the first effective concluded labor
contract, upon termination or change of such contract resulting in
ineligibility for unemployment insurance, the employer of the next effective
concluded labor contract which is compulsory to buy unemployment insurance for
the employee shall prepare and submit the application for unemployment
insurance for the employee to the social security agency within 30 days from
the date on which the former contract is terminated or changed. The above
application shall be submitted together with the application for social
insurance which the employee is compulsory to have.
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Article 4. Payment of
unemployment insurance premiums
1. Each employee shall pay unemployment
insurance premiums according to the salary level decided by his/her employer.
If the monthly salary of the employee is greater than 20-month regional minimum
wage, the employer and the employee must pay unemployment insurance premiums
according to the 20-month regional minimum wage determined from January 1,
2015.
2. Procedures for payment of unemployment
insurance premiums shall comply with guidance of Vietnam Social Security.
Chapter III
JOB CONSULTANCY AND
PLACEMENT
Article 5. Procedures for job
consultancy and placement prescribed in Article 15 of Decree No. 28/2015/ND-CP
1. Each employee shall insert adequate personal
information, the need for job consultancy and placement into the application
for job consultancy and placement using the form No. 01 issued herewith and
submit them to the employment service center affiliated to the Service of
Labor, War Invalids and Social Affairs of the central-affiliated city or
province (hereinafter referred to as the employment service center).
2. Each employment service center shall receive
applications for job consultancy and placement and help employees to have
suitable jobs according to the employees’ need and ability, and the employers’
demand.
3. The employment service center shall send a
letter of recommendation using the form No. 2 issued herewith to the employee
for recruitment.
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Article 6. Refusal of jobs
prescribed in Point dd Clause 1 Article 21 of Decree No. 28/2015/ND-CP
Any employee who is receiving unemployment
benefit but refusing the job in any of the following cases shall be determined
to have no valid reason:
1. The job matches the employee’s qualifications
as specified in form No. 01 issued herewith but he/she did not participate in
the recruitment.
2. The employee is recommended for a job that
he/she used to have by the employment service center but he/she did not
participate in the recruitment.
3. The employee participated in recruitment as
recommended by the employment service center where he/she is receiving
unemployment benefit and received a notice of employment sent by the employer
but he/she refuses the job, unless that job differs from the recruitment ads
issued by the employer.
Chapter IV
UNEMPLOYMENT BENEFIT
Article 7. Employees
refusing unemployment benefit
Within 15 working days from the date on which
the claim for unemployment benefit is submitted, if the employee no longer
wishes to receive unemployment benefit, he/she must directly submit an
application for refusal of unemployment benefit using the form No. 08 issued
herewith to the employment service center where the employee submitted the
application for unemployment benefit.
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Article 8. Unemployment
benefit and payout months
1. The monthly unemployment benefit received by
employees shall equal:
Monthly
unemployment benefit
=
Average salary
of 6 consecutive months over which the unemployment insurance premiums are
paid before unemployment
x
60%
a) In the last months before unemployment, if
there is a period over which the payment for unemployment insurance premiums
are paid (hereinafter referred to as payment period) that is interrupted, the
6-month payment period does not need to be continuous.
Example 1: Ms. Nguyen Thi A entered into a
24-month labor contract with E primary school with the monthly salary as
follows: VND 2 million from September 1, 2013 to August 31, 2014 and VND 4
million from September 1, 2014 to August 31, 2015. However, from January 1,
2015 to June 30, 2015, Ms. A took maternity leave. Subsequently, due to family
circumstances, Ms. A failed to keep performing the labor contract. Therefore,
Ms. A submitted a letter of resignation as prescribed in law on labors and the
E primary school issued a decision on acceptance for the resignation of Ms. A,
which comes into force from the day on which it is signed, on July 1, 2015.
Consequently, the salary amount on which the unemployment benefit premiums are
paid is the average 6-month salary over the payment period before resignation
(July, August, September, October, November, and December of 2014). Her monthly
unemployment benefit equals (VND 2 million x 2 months + VND 4 million x 4
months)/6 x 60% = VND 2 million.
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b) The maximum monthly unemployment benefit to
which the employee is eligible does not exceed 5-month base salary applicable
to employees receiving salaries as prescribed by the State or does not exceed
5-month regional minimum wage as prescribed in the Labor Code applicable to
employees receiving salaries decided by the employers at the time of labor
contract termination.
Example 3: On October 1, 2015, Mr. Trinh Xuan C
concluded a 12-month labor contract with enterprise F with the monthly salary
level of VND 70 million. The enterprise F operates in the region I which
applies the monthly regional minimum wage of VND 3.1 million as prescribed by
the Government. Therefore, the monthly salary on which the unemployment
insurance is paid is: 20 x VND 3.1 million = VND 62 million.
On September 28, 2015, Mr. C agreed to terminate
the labor contract with the enterprise F and concluded a 3-month labor contract
with enterprise G (from October 1, 2015 to December 31, 2015) with the monthly
salary of VND 80 million. The enterprise G has the headquarter operated in the
region IV which applies the monthly regional minimum wage of VND 2.15 million
as prescribed by the Government. However, Mr. C did not work at the headquarter
but work a branch that operates in region III and applies the monthly regional
minimum wage of VND 2.4 million as prescribed by the Government. Accordingly,
Mr. C bought and paid unemployment insurance premiums at the social security
agency where the branch operates according to the monthly salary amount of: 20
x VND 2.4 million = VND 48 million.
When the labor contract with the enterprise G
expired, Mr. C applied for unemployment benefit. Therefore, 60% of average
salary of 6 consecutive months before the labor contract termination equals
(VND 62 million x 3 months + VND 48 million x 3 months)/6 x 60% = VND 33
million. However, Mr. C may not receive the unemployment benefit which exceeds
5-month regional minimum wage as prescribed at the time of labor contract’
termination. Therefore, the monthly unemployment benefit to which Mr. C is
eligible is VND 12 million (VND 2.4 x 5 = VND 12 million).
2. The months over which the unemployment
benefits are received (hereinafter referred to as payout months) prescribed in
Clause 4 Article 21 of Decree No. 28/2015/ND-CP shall be guided as follows:
The payout months shall be expressed as calendar
months. Each payout month shall be determined from the first date on which the
employee starts receiving unemployment benefit as prescribed in Clause 3
Article 50 of the Law on employment to the previous date of the same date of
the next month.
Example 4: Mr. Cao Van D is entitled to receive
3-month unemployment benefit; the payout period of Mr. D is from March 11, 2015
to June 10, 2015. Accordingly, the payout months shall be determined as
follows:
The first payout month is from March 11, 2015 to
April 10, 2015;
The second payout month is from April 11, 2015
to May 10, 2015;
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3. Procedures and method of paying unemployment
benefit as guided by Vietnam Social Security.
Article 9. Reservation of
payment period
1. Reservation of payment period shall be
determined as follows:
Payment period
to be preserved
=
Total
payment period
-
Payment
period equivalent to the amount of unemployment benefit received
2. The payment period shall be reserved in the
following cases:
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After the decision on cancellation of
unemployment benefit payout is issued by the Director of Service of Labor, War
Invalids and Social Affairs, the employment service center shall return the
claim for unemployment benefit to the employee. Within 3 months from the
appointment date, if the employee fails to receive the social insurance at the
employment service center, within 3 working days from the end date of the above
period, the employment service center shall transfer his/her social insurance
to the social security of province for management.
Example 5: Mr. Tran Van D had a 36-month payment
period so that he was entitled to receive 3-month unemployment benefit. The
appointment date is March 16, 2015. However, Mr. D did not come to receive the
decision on unemployment benefit payout until March 18, 2015 (after 2 working
days). Accordingly, within 7 working days from the deadline for unemployment
benefit payout as prescribed, the employment service center shall request the
Director of the Service of Labor, War Invalids and Social Affairs to cancel the
decision on unemployment benefit payout. The payment period to be preserved of
Mr. D is 36 months.
b) The employee fails to receive unemployment
benefit amount prescribed in Clauses 6 Article 18 of Decree No. 28/2015/ND-CP.
The social security agency shall, according to
the decision on reservation of payment period, record the reserved payment
period into the social insurance book as prescribed by Vietnam Social Security.
Example 6: Mr. Tran Van S had a 36-month payment
period so that he was entitled to receive 3-month unemployment benefit. His
payout period shall be determined from February 20, 2015 to May 19, 2015.
However, until August 19, 2015 (after 3 months from the deadline for
unemployment benefit payout), Mr. S still did not receive the unemployment
benefit amount of the third payout month. Consequently, the payment period to
be reserved of Mr. S is 12 months (equivalent to 1 payout month for which Mr. S
failed to receive unemployment benefit)
Example 7: Ms. Le Thi T had a 12-month payment
period so that she was entitled to receive 3-month unemployment benefit. Her
payout period shall be determined from July 6, 2015 to October 5, 2015.
However, until January 5, 2016 (after 3 months from the deadline for
unemployment benefit payout), Ms. T still did not receive the unemployment
benefit amount of the second and third payout month. Consequently, Ms. T had received
1 month’s unemployment benefit (equivalent to 12-month unemployment insurance
payment), so that she has no payment period to be reserved.
Example 8: Ms. Le Thi T had a 29-month payment
period so that she was entitled to receive 3-month unemployment benefit. The
payout period of Ms. H shall be determined from March 9, 2015 to June 8, 2015.
Ms. H received the first payout month and the second payout month had been
suspended. In the third payout month, Ms. H went to the employment service
center to give the monthly job seeking as prescribed so that she was entitled
to receive the third payout month. However, until September 8, 2015 (after 3
months from the deadline for unemployment benefit payout), Ms. T still did not
receive the unemployment benefit amount of the third payout month. Accordingly,
Ms. T had received 1 month’s unemployment benefit (equivalent to 12-month
payment period) and 1 month’s unemployment benefit was suspended (equivalent to
12-month payment period). Consequently, her payment period to be reserved is 5
months.
c) The remaining payment period in which the
unemployment benefit is not received (hereinafter referred to as the remaining
payment period) shall be reserved as prescribed in Clause 7 Article 18 of
Decree No. 28/2015/ND-CP.
The social security agency shall, according to
the decision on the unemployment benefit payout issued by the Director of
Service of Labor, War Invalids and Social Affairs, record the reserved payment
period into the social insurance book as prescribed by Vietnam Social Security.
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After the deadline for unemployment benefit
payout, Mr. Point concluded a 3 month’s labor contract with enterprise F (from
September 5, 2015 to December 4, 2015) and keep paying unemployment insurance
premiums. When the labor contract with the enterprise F expired, Mr. P claimed
for unemployment benefit payout for the second time. Therefore, his total
remaining payment period was 14 months. If meeting all requirements for
unemployment benefit payout, Mr. Point shall receive 3-month unemployment
benefit.
Example 10: Mr. Do Van G had a 35-month payment
period so that he was entitled to receive 3 month’s unemployment benefit and
there is no payment period to be reserved as prescribed in Clause 7 Article 18
of Decree No. 28/2015/ND-CP.
d) The unemployment benefit is cut as prescribed
in Clauses 5 Article 21 Decree No. 28/2015/ND-CP.
The social security agency shall, according to
the decision on cutting unemployment benefit, record the reserved payment period
into the social insurance book as prescribed by Vietnam Social Security.
Example 11: Mr. Nguyen Van V had a 38-month
payment period so that he was entitled to receive 3 month’s unemployment
benefit and 2-month payment period was reserved as prescribed in Point c Clause
2 of this Article. His payout period shall be determined from March 2, 2015 to
June 1, 2015 (the first payout month is from March 2, 2015 to April 1, 2015;
the second payout month is from April 2, 2015 to May 1, 2015; the third payout month
is from May 2, 2015 to June 1, 2015). However, on April 25, Mr. V had to do his
military service. Accordingly, his unemployment benefit was cut and the last
payout month was reserved (equivalent to 12-month payment). Therefore, his
total payment period to be equals 12 months + 2 months = 14 months.
Example 12: Mr. Nguyen Van L had a 36-month
payment period so that he was entitled to receive 3-month unemployment benefit.
His payout period shall be determined from March 10, 2015 to June 9, 2015. On
May 12, 2015, Mr. L notified the employment service center of having a job in
order for employment service center to cut his unemployment benefit. However,
on April 8, he concluded a 12-month labor contract with enterprise P and the
contract took effect from the day on which it is signed. Consequently, his
unemployment benefit is cut on April 8, 2015.
Example 13: Mr. Do Van X had a 12-month payment
period so that he was entitled to receive 3-month unemployment benefit. His
payout period shall be determined from March 3, 2015 to June 2, 2015. However,
on March 25, 2015 he had a new job. Accordingly, he was entitled to received
the first payout month (from March 3, 2015 to April 2, 2015) equivalent to
12-month payment and his payment period to be reserved is 1 month.
3. The payment period of the employee to be
reserved as prescribed in Clauses 5, 6 and 7 Article 18 and Clause 5 Article 21
of Decree No. 28/2015/ND-CP shall be the payment period determined from the
last payment month before the unemployment benefit is received.
4. The employee has the payment period reserved
as prescribed shall follow the procedures for payment period reservation as
prescribed by Vietnam Social Security.
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1. While on unemployment benefit payout, the
employee shall directly and monthly notify his/her job seeking to the
employment service center where he/she currently receives unemployment benefit
using the form No. 16 issued herewith, except for regulations in Clauses 2 and
3 of this Article.
2. An employee receiving unemployment benefit is
not required to give his/her monthly job seeking in any of following cases:
a) The employee is 60 years of age or older (for
male) or 55 years of age or older (for female);
b) The employee suffers from a sickness
mentioned in the list of long-term sicknesses certified by the competent
medical facility;
c) The employee has maternity leave certified by
the competent medical facility. If an employee whose wife dies in childbirth
has to raise his child directly, his child’s birth certificate and his wife’s
death certificate are required.
d) The employee is taking a vocational course
according to a decision of the Director of Service of Labor, War Invalids and
Social Affairs which certified by the vocational training facility;
dd) The employee is performing a casual labor
contract or an under-3-month labor contract.
Within 3 working days from the date on which the
employee faces any of the situations prescribed in Points b, c, d, and dd of
this Clause, the employee must send a registered mail or authorize another
person to apply for exemption from monthly notification of job seeking using
the form No. 17 issued herewith and attach an original copy or a certified true
copy of any of the above documents to the employment service center where
he/she is receiving unemployment benefit, if the document is received by post,
the sending date on the postmark. After the deadline for the aforesaid cases,
the employee shall keep sending monthly notification of job seeking as
prescribed.
Example 14: Ms. Tran Thi T received a decision
on 6 -month unemployment benefit within from March 2, 2015 to September 1, 2015
(the date of monthly notification of job seeking as follows: the first payout
month is the appointment date, the second payout month is from April 3 to April
7, the third payout month is from May 4 to May 6, the fourth receipt month is
from June 3 to June 5, the fifth receipt month is from July 2 to July 6, the
sixth payout months is from August 3 to August 7). Ms. T received a decision on
provision for vocation course issued by the Director of Service of Labor, War
Invalids and Social Affairs with the duration of 3 months which is from April
15 to July 15, 2015. Accordingly, no later than April 20, 2015 (after 3 working
days from the date on which she took the course), she must send the
certification of taking vocation course issued by the vocational training
facility to the employment service center where she is receiving unemployment
benefit. In the third, fourth, and fifth payout months, Ms. T is not required
to send the monthly notification of job seeking. However, in the sixth payout
month, she must keep sending monthly notification of job seeking as prescribed.
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a) The employee suffers from a sickness not
mentioned in the list prescribed in Point b Clause 2 of this Article certified
by a competent medical facility;
b) The employee meets with an accident certified
by the competent police authority or the medical facility;
c) The employee suffers from conflagration,
flood, earthquake, tsunami, hostility or epidemic diseases certified by the
President of the People’s Committee of commune, ward or town;
d) The employee’s parents, spouse or child dies;
the employee or his/her child gets married certified by the People’s Committee
of commune, ward or town.
If the employee fails to come to the employment
service center, within 3 working days from the deadline for the monthly
notification as prescribed, the employee must send registered mail or authorize
another person to submit an original copy or a certified true copy of any the
above documents to the employment service center where he/she is receiving
unemployment benefit, if the document is received by post, the sending date of
on the postmark.
4. The date of monthly notification of job
seeking (hereinafter referred to as the notification dates) shall be specified
in the Appendix on decision on unemployment benefit payout as follows:
a) The notification dates of the first payout
month is the date on which the decision on unemployment benefit payout is
received according to the note of appointment for providing results;
b) From the second month forwards, the employee
must send the monthly notification within 3 working days from the first date of
the payout month.
5. If the notification dates falls on the period
over which the place of receiving unemployment benefit is changed as prescribed
in Article 22 of Decree No. 28/2015/ND-CP, the employee is not required to send
monthly notification of job seeking to the employment service center.
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6. The employee receiving unemployment benefit
shall be considered fulfilling his/her obligation to give monthly notifications
of job seeking if they are accurate and have sufficient contents and the
employee bears responsibility for their declaration.
Chapter V
VOCATIONAL TRAINING
SUPPORT
Article 11. Application for
vocational training support
Any employee wishing to take vocational course shall
directly apply for vocational training support prescribed in Clause 2 Article
25 of Decree No. 28/2015/ND-CP shall be guided as follows:
1. The employee receiving unemployment benefit
shall apply for vocational training support at the employment service center
where the unemployment benefit is provided.
Example 16: Ms. Mai Thi K is receiving
unemployment benefit in Hai Duong province. During the payout period, she
wishes to take vocational courses. Accordingly, she must send an application
for vocational training support to the employment service center of Hai Duong
province for consideration. The Director of Service of Labor, War Invalids and
Social Affairs of Hai Duong province shall consider deciding the vocational
training support for her.
2. If an employee who has a payment period of at
least 9 months but does not receive any unemployment benefit wishes to take a
vocational course, she/he shall send an application for vocational training
support together with a claim for unemployment benefit at the employment
service center where the employee wishes to take the vocational course.
Example 17: Mr. Nguyen Van M works in Binh Duong
province and has a payment period of consecutive 11 months. After terminating
the labor contract, if he wishes to take vocational course in Ho Chi Minh City,
he shall send an application for vocational training support together with a
claim for unemployment benefit to the employment service center of Ho Chi Minh
City.
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1. The employment service center shall consider
applications for vocational training support submitted by employees to
determine their jobs, vocational training duration, starting time, vocational
training support levels, vocational training facilities, and then it shall send
them to the Director of Service of Labour, War Invalids and Social Affairs for
decision. The starting time of vocational course of employee shall be the date
on which the decision on vocational training support is issued provided that it
does not exceed 3 months from the deadline for unemployment benefit payout
mentioned in the decision on unemployment benefit payout issued by the Director
of Service of Labor, War Invalids and Social Affairs.
2. Within 2 working days from the appointment
date, if the employee does not come to receive the decision on vocational
training support, he/she is considered to have no need for vocational training
support excluding the case prescribed in Clause 3 of this Article. Within 7
working days, from the deadline for receiving the decision as prescribed, the
employment service center shall request the Director of the Service of Labor,
War Invalids and Social Affairs to cancel the decision on vocational training
support.
The decision on cancellation of vocational
training support shall be sent by the employment service center as follows: 1
copy to the social security of province to not pay the support amount to
vocational training facility; 1 copy to the vocational training facility to not
provide vocational course for the employee; and 1 copy to the employee. The
decision on the cancellation the decision on vocational training support shall
use the form No. 20 issued herewith.
3. Within 2 working days, from the deadline for
receiving the decision on vocational training support, the employee may still
receive or authorize another person to receive the decision on vocational
training support in any of the following cases:
a) The employee suffers from a sickness or has
maternity certified by a competent medical facility;
b) The employee meets with an accident certified
by the competent police authority or the medical facility;
c) The employee suffers from conflagration,
flood, earthquake, tsunami, hostility or epidemic diseases certified by the
President of the People’s Committee of commune, ward or town;
4. Within 3 months from the appointment date, if
the employee fails to receive the social insurance book at the employment
service center, the employment service center shall transfer the social
insurance book of the employee to the social security agency of province for
management.
5. Every month, each vocational training
facility shall make a list of employees participating vocational course with
their signatures and transfer it to social security agency to settlement of
budget for vocational training support and their actual learning time.
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Chapter VI
FINANCIAL SUPPORT FOR
TRAINING COURSES, REFRESHER COURSES FOR IMPROVEMENT OF OCCUPATIONAL SKILLS FOR
JOB MAINTENANCE FOR EMPLOYEES
Article 13. Written request
for financial support for training courses in occupational skills
A written request for financial support for
training courses and refresher courses for improvement of occupational skills
for job maintenance for employees (hereinafter referred to as training courses
in occupational skills) shall contain the following contents:
1. General information: name; address; date of
incorporation; business lines or fields, representatives.
2. The business condition.
3. Quantity of employees in the entity, number
of employees facing risk of reduction at the time of requesting for support
(excluding employees having under-3 months’ labor contracts), number of
employers request for support.
4. Causes of changes in business structure or
technology.
5. Total budget for training courses in
occupational skills for employees (enclosed with a detailed estimate, including
expenditures on implementation of plans for training in occupation skills for
employees).
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Article 14. Plan for
training courses in occupational skills
Each plan for training courses in occupational
skills shall include:
1. General information: name; address; date of
incorporation; business lines or fields, representatives.
2. The list of employees participating in training
courses in occupational skills and training disciplines, duration and places of
each employee.
3. The training institution (affiliated to the
entity or an educational association, if it is affiliated to an educational
association, the training institution must attach the agreement on educational
association and register the vocational training as prescribed in law on
vocational training).
4. Form of training organization and expected
opening and closing time course.
5. The plan for job maintenance for employees
after improvement of occupational skills includes the following contents:
a) Number of employees who keep working or
change positions appropriate to the plan for changes in business technology;
b) Commitment of employers to employ employees suitable
for the plan. If the employee is not offered a job, the employer must refund
all supportive funding for training courses, refresher courses for improvement
of occupational skills.
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Article 15. The financial
support amount for improvement of occupational skills prescribed in Clause 1
Article 4 of Decree No. 28/2015/ND-CP
1. If the course is provided by a vocational
training facility, the specific support level shall be paid monthly according
to actual learning time, tuition fees of every discipline or course as
prescribed by vocational training facility provided that it does not exceed the
level prescribed in Clause 1 Article 4 of Decree No. 28/2015/ND-CP.
2. If the course is provided by the employer,
the specific support level shall be paid monthly according to actual learning
time of every discipline or course provided that it does not exceed the level
prescribed in Clause 1 Article 4 of Decree No. 28/2015/ND-CP.
3. If the period of the vocational course is not
in full months, the period of shorter than 15 days shall be rounded up to ½
month and the period of 15 days and longer shall be rounded up to 1 month to
determine the financial support amount.
Example 18: Enterprise N is paid financial
support to provide a training course in electronics assembly for 100 employees.
The training course starts on March 5, 2015 and finishes on May 15, 2015 with
financial support of VND 600,000/month/employee (in which: the first month is
from March 5, 2015 to April 4, 2015 and the second month is from April 5, 2015
to May 4, 2015). Accordingly, this course has a period which is not in full
month from May 5, 2015 to May 15, 2015. This period of shorter than 15 days
shall be rounded up to ½ month. Consequently, the period over which the enterprise
N receives financial support is 2.5 month with the total support amount is: VND
600,000 x 100 employees x 2.5 months = VND 150,000,000
Chapter VII
IMPLEMENTATION
Article 16. Notification of
changes in employees
1. Each employer shall send a notification of
number of working employees until October 1, 2015 to the employment service
center where its headquarters is located using the form No. 28 issued herewith
within 30 days, from the above date.
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2. Before every 3rd of a month, the employer
shall send a notification of changes in working employees (if any, of the
previous solar month) to the employment service center where its headquarters
is located using the form No. 29 issued herewith.
3. If an employer decreases at last 50 employees,
it must promptly notify the employment service center where its headquarters is
located for consultancy and support.
Article 17. Periodic
reports on unemployment insurance policy
1. Periodic reports of Services of Labor, War
Invalids and Social Affairs prescribed in Clause 3 Article 38 Decree No.
28/2015/ND-CP
Before every July 31 or January 31, each Service
of Labor, War Invalids and Social Affairs shall send a report on implementation
of unemployment insurance policy in the province to the Department of
employment (the Ministry of Labor, War Invalids and Social Affairs) and the
People's Committee of province using the form No. 30 issued herewith.
2. Periodic reports of the employment service
center prescribed in Clause 5 Article 34 of Decree No. 28/2015/ND-CP
a) Before every 3rd of a month, each
employment service center shall send a report on implementation of unemployment
insurance policy in the province to the Department of employment (the Ministry
of Labor, War Invalids and Social Affairs) and the People's Committee of
province using the form No. 31 issued herewith;
b) Before every July 15 or January 15, each
employment service center shall send a report on implementation of unemployment
insurance policy in the province to the Service of Labor, War Invalids and
Social Affairs and the Department of employment (the Ministry of Labor, War
Invalids and Social Affairs) and the People's Committee of province using the
form No. 32 issued herewith.
Article 18. Withdrawal of
unemployment benefit, vocational training support and budget for training
courses
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2. Relevant agencies, organizations, and
individuals shall implement the decision on withdrawal as prescribed in Clause
1 of this Article.
3. The withdrawn money prescribed in Clause 2 of
this Article shall be transferred to the Unemployment insurance fund as
prescribed by Vietnam Social Security.
Article 19. Forms
1. Application for job consultancy and placement
using the form No. 01.
2. Letter of recommendation using the form No.
02.
3. Claim for unemployment benefit using the form
No. 03.
4. Note of appointment for providing results of
employment service center given to claim for unemployment benefit or
application for vocational training support submitted by employees using the
form No. 04.
5. Decision on the unemployment benefit payout
issued by the Director of Service of Labor, War Invalids and Social Affairs
using the form No. 05.
6. Decision on suspension from the unemployment
benefit payout issued by the Director of Service of Labor, War Invalids and
Social Affairs using the form No. 06.
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8. Application for refusal of unemployment
benefit using the form No. 08.
9. Decision on cancellation of decision on
unemployment benefit payout issued by the Director of Service of Labor, War
Invalids and Social Affairs using the form No. 09.
10. Application for change in place of receiving
unemployment benefit using the form No. 10.
11. Letter of introduction issued by employment
service center where the employee is receiving unemployment benefit for change
in place of receiving unemployment benefit using the form No. 11.
12. Notification of cutting of unemployment
benefit sent by the employment service center where the employee leaves to the
social security of province using the form No. 12.
13. Notification of resuming of unemployment
benefit payout sent by the employment service center where the employee arrives
to the social security of province using the form No. 13.
14. Notification of failure to receive
unemployment benefit of employee sent by the social security of province to the
employment service center using the form No. 14.
15. Decision on reservation of payment period
issued by the Director of Service of Labor, War Invalids and Social Affairs
upon the failure to receive unemployment benefit by employee using the form No.
15.
16. Monthly notification of job seeking sent by
employee during the payout period using the form No. 16.
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18. Application for vocational training support
using the form No. 18.
19. Decision on vocational training support
issued by the Director of Service of Labor, War Invalids and Social Affairs
using the form No. 19.
20. Decision on cancellation of decision on
vocational training support issued by the Director of Service of Labor, War
Invalids and Social Affairs using the form No. 20.
21. Certification of provision of unemployment
benefit and vocational training support issued by employment service center
using the form No. 21.
22. Notification of ineligibility for
unemployment benefit payout and vocational training support issued by
employment service center using the form No. 22.
23. Notification of cutting unemployment benefit
sent by employee to employment service center using the form No. 23.
24. Decision on cutting unemployment benefit payout
issued by the Director of Service of Labor, War Invalids and Social Affairs
using the form No. 24.
25. Transfer note of social insurance book using
the form No. 25.
26. Decision on approval for plan for training
courses, refresher courses for improvement of occupational skills for job
maintenance for employees issued by the Director of Service of Labor, War
Invalids and Social Affairs using the form No. 26.
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28. The initial notification of number of
working employees using the form No. 28.
29. Notification of changes in employees sent by
employer using the form No. 29.
30. Service of Labor, War Invalids and Social
Affairs shall send a report on implementation of unemployment insurance in the
first 6 months and in the year to the People’s Committee of the province and
the Ministry of Labor, War Invalids and Social Affairs using the form No. 30.
31. The employment service center shall send a
report on implementation of unemployment insurance in the month Service of
Labor, War Invalids and Social Affairs and the Department of employment (the
Ministry of Labor, War Invalids and Social Affairs) using the form No. 31.
32. The employment service center shall send a
report on implementation of unemployment insurance in the first 6 months and in
the year to Service of Labor, War Invalids and Social Affairs and the
Department of employment (the Ministry of Labor, War Invalids and Social
Affairs) using the form No. 32.
33. Each employer shall send a report on annual
purchase of unemployment insurance to the Service of Labor, War Invalids and
Social Affairs using the form No. 33.
34. The decision on withdrawal of unemployment
benefit using the form No. 34.
35. The decision on withdrawal of vocational
training support using the form No. 35.
36. The decision on withdrawal of financial
support using the form No. 36.
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IMPLEMENTATION
Article 20. Implementation
1. This Circular comes into force from September
15, 2015. The policies of this Circular shall apply from January 1, 2015.
2. The following Circulars shall be annulled
from the effective date of this Circular:
a) Circular No. 32/2010/TT-BLDTBXH dated October
25, 2010 of the Ministry of Labor, War Invalids and Social Affairs on
guidelines for Decree No. 127/2008/ND-CP dated December 12, 2008 of the Government
on guidelines for the Law on Social insurance in terms of unemployment
insurance;
b) Circular No. 04/2013/TT-BLDTBXH dated March
1, 2013 of the Ministry of Labor, War Invalids and Social Affairs on amendments
to Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010.
3. With regard to periods expressed in solar
calendar in this Circular, if the last date of the period falls on a holiday or
a weekly day off, it shall be changed into the succeeding working day after the
holiday or the weekly day off.
Difficulties that arise during the
implementation of this Circular should be reported to the Ministry of Labor,
War Invalids and Social Affairs for consideration./.
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PP. MINISTER
DEPUTY MINISTER
Doan Mau Diep