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MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
3922/VBHN-BLDTBXH
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Hanoi, October
6, 2020
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DECREE
ELABORATING ON IMPLEMENTATION OF SEVERAL ARTICLES REGARDING
UNEMPLOYMENT INSURANCE OF LAW ON EMPLOYMENT
The Government’s Decree No. 28/2015/ND-CP
dated March 12, 2015, elaborating on certain articles regarding unemployment
insurance in the Employment Law, in effect from May 1, 2015, shall be amended
and supplemented by:
The Government's Decree No. 61/2020/ND-CP dated
May 29, 2020, amending and supplementing a number of articles of the
Government's Decree No. 28/2015/ND-CP dated March 12, 2015, providing specific
regulations on implementation of a number of articles of unemployment insurance
in the Law on Employment, in effect as from July 15, 2020.
Pursuant to the Law on
Government Organization dated June 19, 2015;
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[1]
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GENERAL PROVISIONS
Article 1.
Scope of regulation
This Decree details the
implementation of a number of articles of the Law on employment on
support for training, retraining to improve occupational skill
qualification 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
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Article 3. Conditions
for support
1. Employers may receive
financial support for training and retraining to improve occupational skills
qualifications for job maintenance for employees defined in Clause 1, Article
47 of the Law on Employment if they meet the following conditions:
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[2].
Encountering difficulties arising from the cases specified in point b of clause
1 of Article 47 in the Law on Employment to the extent that they face the risk
of reduction of at least 30% or 30 employees in the existing number of
employees with regard to employers hiring fewer than 200 employees; at least 50
employees with regard to employers hiring from 200 to 1,000 employees; at least
100 employees with regard to employers hiring more than 1,000 employees,
irrespective of employees entering into seasonal or piecework employment
contracts with the contractual period of less than 1 month.
Cases deemed as force majeure events as
prescribed in point b of Article 47 in the Employment Law shall include:
- Conflagration, flood,
earthquake, tsunami, enemy sabotage, epidemic causing damage to a part or the
whole of facility, equipment, machinery, and workshop, certified by the
President of the People's Committee of the district, town and
provincially-controlled city where the employer’s loss or damage occurs;
- Compliance with the
competent regulatory authority’s order to relocate or downsize production and
business facilities.
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.
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1. The financial support of
training and retraining to improve occupational skill qualification 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 courses of
training and retraining to improve occupational skill qualification 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.
Chapter
III
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:
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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
2. Payment sources of
unemployment insurance premium at the rate stipulated in Point b, Clause 1,
Article 57 of the Law on Employment of the employer shall be as follows:
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
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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.
3. Supportive budget source for
Unemployment Insurance Fund under the provisions of this Article covered by the
central budget from social security expenditure source decided by the National
Assembly.
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;
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3[3].
Transfer method of management fund for unemployment insurance:
Based on the estimate of
unemployment insurance management expenditures under the Prime Minister
mandate, the Vietnam Social Security shall fully and promptly transfer
unemployment insurance management expenditures to the Ministry of Labor, War Invalids
and Social Affairs, Social Security agency of Ministry of National Defense,
Social Security agency of Ministry of Public Security. The approach to
transferring such expenditures shall comply with the Prime Minister's
regulations regarding financial management mechanisms for social insurance,
health insurance, unemployment insurance and management costs of social
insurance, health insurance and unemployment insurance. Particularly,
information technology application expenditures shall comply with the
Government's Decree No. 64/2007/ND-CP dated April 10, 2007, providing for
information technology application for operations of state regulatory
authorities and other documents providing amendments or supplements (if any)”.
Article 9.
Investment from unemployment insurance Fund
1. Vietnam social insurance
shall be responsible for implementing measures to preserve and increase the
unemployment insurance fund from the temporarily idle amount. Investment from
the unemployment insurance fund must ensure safety, efficiency and be
recoverable when needed.
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;
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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[4]
. Estimating, allocating and delegating
budgetary expenditures, managing, using and settling costs of management of
unemployment insurance shall comply with the Prime Minister's regulations
regarding financial management mechanisms for social insurance, health
insurance, unemployment insurance and management costs of social insurance,
health insurance and unemployment insurance.
3[5]. Repealed
4[6]. Repealed
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.
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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.
If employees conclude many
labor contracts as defined in Paragraph 1, Article 43 of the Law on Employment
and are participating in unemployment insurance under the first effective
concluded labor contract, upon termination or change of contract workers resulting
ineligibility for unemployment insurance of the employees, the employees and
the employers under unemployment insurance participation of the next effective
concluded labor contracts shall be responsible for participation in
unemployment insurance as prescribed by law.
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[7]. An employee
is certified to be currently paying unemployment insurance contribution under
the provisions of Article 49 of the Employment Law if he/she falls into one of
the following cases:
a) That employee has paid unemployment insurance
contribution for the month of termination of employment or labor contract,
which is certified by the social insurance agency in his/her social insurance
book;
b) That employee has paid unemployment insurance
contribution for the month preceding the month of termination of employment or
labor contract, which is certified by the social insurance agency in his/her
social insurance book;
c) That employee takes sickness or maternity
leave for 14 working days or more at the employer’s office without being paid
any monthly salary or wage in the month preceding the month of termination of
labor or employment contract, or in the month of termination of labor or
employment contract, which is certified by the social insurance agency in
his/her social insurance book;
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dd) That employee temporarily suspend the
execution of his/her labor or employment contract for 14 working days or more
in the month preceding the month of termination of labor or employment contract,
or in the month of termination of labor or employment contract, which is
certified by the social insurance agency in his/her social insurance book.
3[8]. The month of
payment of unemployment insurance contribution for an employee will be counted
if the employer and the employee have performed the labor or employment
contract, and have paid unemployment insurance constructions.
If the employee already entitled to unemployment
benefits obtains certification of the additional time of payment of
unemployment insurance after having their entitlement terminated, the
additional time shall be determined as the period of time during which UI
contribution has been made, but UI benefits have not been received, under
clause 1 of Article 45 in the Law on Employment.
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.
2. Vietnam social insurance
shall issue the form of social insurance books.
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.
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3[9].
The Minister of Labor, War Invalids and Social Affairs shall regulate the price
applied to job consultancy and placement services sponsored by the Unemployment
Insurance Fund for employees in accordance with Article 54 of the Employment
Law.
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.
Section 3.
UNEMPLOYMENT BENEFIT
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[10]. The primary
or certified true copy, or the duplicate copy submitted along the primary copy
for checking purposes, of one of the following documents certifying the
termination of the labor or employment contract:
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b) Resignation acceptance
decision;
c) Dismissal decision;
d) Decision on imposition of
disciplinary sanction in the form of dismissal;
dd) Notice of or agreement on termination
of the labor or employment contract;
e) Confirmation of the employer which clearly
provides the employee's information; type of labor contract signed; reasons and
time of termination of labor contract with the employee.
g) Certifying by the competent state authority
that the enterprise or cooperative closes, goes bankrupt or decides to dismiss
him/her, relieve him/her from duty or discharge him/her from the designated
post in case the employee holds the post as a manager of that enterprise or cooperative;
h) In case the employee does not have the
documents certifying the termination of the labor contract because the
employer’s unit has no legal representative and the person authorized by the
legal representative, the following steps must be taken:
Department of Labor - Invalids and Social
Affairs or provincial-level Social Insurance agency sends a written request to
the Department of Planning and Investment to certify that the employer does not
have a legal representative or no person authorized by the legal
representative.
Department of Planning and Investment is
responsible for cooperating with the tax authority, police, and local
government at the place where the employer’s head office is located to verify
the fact that the employer has no legal representative or no person authorized
by the legal representative.
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i) In case where the employee
participates in the unemployment insurance plan under the provisions of Point
c, Clause 1, Article 43 of the Law on Employment, the document certifying the
termination of the seasonal or piecework labor contract with the term ranging
from 03 months to less than 12 months must be the primary copy or the certified
true copy or the duplicate copy enclosing the primary copy for checking of such
contract.
3. Social insurance books.
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 competent medical facility;
b) Accident certified by
traffic policemen or competent medical facilities;
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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.
3. Employment service centers
shall receive, inspect the applications, record the appointment paper of reply
in the form defined by the Minister of Labor, War Invalids and Social Affairs
and give it directly to the applicants application or sent by post to the
applicants submitting the application by post; if the applications are not in
accordance with the provisions of Article 16 of this Decree, employment service
centers shall return to the applicants and state clearly the reason.
4[11].
Within 15 working days from the date of submission of application for
unemployment benefit, if the employee does not wish to receive his/her
unemployment benefit, the employee must directly, or authorize another person
to, submit the written request for refusal to receive unemployment benefit to
the employment service center at the place where the employee has submitted the
application for unemployment benefit.
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.
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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.
3[12]. Within 03
working days inscribed in the appointment note to inform application processing
results according to Form No. 01 issued together with this Decree, if the
employee does not come to pick up the decision on entitlement to unemployment
benefit or does not authorize any other to do so without notifying the
employment service center of the acceptable reasons for not turning up for the
decision, he/she shall be deemed as no need for unemployment benefit. Within 02
working days from the deadline for the employee’s picking up the decision stated
in the appointment note, the employment service center shall request the
Director of the Department of Labor - Invalids and Social Affairs to issue the
decision on revocation of the decision on the employee’s entitlement to
unemployment benefit using Form No. 02 issued together with this Decree.
Decision on revocation of the
decision on the employee’s entitlement to the unemployment benefit which is
sent by the employment service center shall include 01 copy sent to the
provincial social insurance agency so as to prevent them from paying the
unemployment benefit to the employee; 01 copy sent to the employee.
4[13].
Repealed
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) [14] Employees
are having a job
An employee will be deemed as employed of he/she
falls into one of the following cases:
- He/she has concluded an employment contract, a
seasonal labor contract or a piecework contract with a term of full 1 month or
more. The date on which the employee is determined as having a job is the
effective date of the employment or labor contract in accordance with law;
- There is a recruitment or appointment decision
for cases in which an employee is not classified as eligible for entry into a
labor or employment contract. The date on which the employee is determined to
be employed in this case is the date on which the employee is placed with a job
or is appointed as stated in the recruitment or appointment decision;
- He/she has business household registration certificate
in case the employee is the homeowner of the business household, or has an
enterprise registration certificate in case the employee is the business owner.
The date on which an employee is determined to have a job is the date on which
the employee notifies the employment service center of their business
commencement.
- The employee notifies the employment service
center that he/she has got a job. The date on which the employee is determined
as having a job is the date specified in the employee’s notice of being
employed.
c) Employees fulfill military
service, police duty
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d) [15] He/she receives
monthly retirement pension
The date on which the employee is determined to
receive retirement pension is the first day of entitlement to the retirement
pension stated in the social insurance agency's written document regarding the
employee's entitlement to the monthly pension.
dd) [16] After 02
job recommendation efforts made by the employment service center at the place
where he/she is receiving the unemployment benefit, the employee keep refusing
to the center’s recommended placements on none of sound grounds.
If the employee receiving unemployment benefit
refuses to take up a job in the following cases, he/she shall be determined not
to give any sound reason:
- The employee is recommended by the employment
service center to the job matching his/her training discipline or
qualification, or the job the employee took in the past, as specified in the
job consultancy and placement slip, but does not turn up for the candidate
interview;
- The employee who already participates
in the candidate interview upon the recommendation of the employment service
center at the place where he/she is receiving unemployment benefit and is
offered a job by the employer refuses to take the job after successfully
passing the candidate interview, except in case the offered job is not the same
as the one shown in the employer's job vacancy advertisement.
e) [17] 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
The date on which an employee is determined as
subject to the termination of entitlement to unemployment benefit is the
deadline for issuance of the job search notice in the 3rd month of the
consecutive 3-month period during which the employee does not make monthly
notices of his/her updated job search.
g) Employees of abroad to
settle, to work with a term overseas under a contract
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h) [18] He/she is
sent to take a training course for the period of 12 months or longer.
The date on which the employee is determined to
be sent for a training course with the term of full 12 months or more is the
date of admission stated in the admission notice.
i) Employees are penalized for
administrative violations due to violations of legislation on unemployment
insurance
The date on which the employees
are 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
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n) Employees are detained,
serving the prison sentence
The date on which the employees
are determined to be detained or to serve a prison sentence shall be the
starting date of implementation of the decision of detention, imprisonment of
the competent authority.
2[19]. Within
duration of 03 working days from the date on which the employee classified as
subject to the termination of entitlement to unemployment benefit under the
provisions of Points b, c, d and h of clause 1 of this Article, the employee
must notify the employment service center at the place where he/she is enjoying
unemployment benefit and send duplicated copies of papers pertaining to the
termination of unemployment benefit. If these copies are sent by post, the
postmark date shall prevail.
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[20]. If the
employee is subject to the termination of entitlement to unemployment benefit
in the cases specified in Points b, c, h, l, m and n of Clause 1 of this
Article, the period of payment of unemployment insurance contribution
equivalent to the remaining period during which the employee has not yet
claimed his/her unemployment benefit shall be reserved as a basis for
calculation of the time of enjoyment of unemployment benefit for the next time
of enjoyment of unemployment benefit when he/she is eligible for receiving
unemployment benefit as prescribed, except for cases where the employee is
subject to the termination of unemployment benefit under the provisions of
Points b, c and h of clause 1 of this Article, but fails to make any notice as
prescribed in clause 2 of this Article.
The reserved period shall be
calculated as total time length of payment of unemployment insurance
contribution minus the time of payment of unemployment insurance contribution
during which he/she already receives unemployment benefit according to the
principle under which, each month, the sum of unemployment benefit is
equivalent to the sum paid for 12 months of payment of unemployment insurance
contribution, and leftover months of non-payment of the unemployment benefit
which are reserved in the decision on entitlement to the unemployment benefit
(if any) is subtracted.
Article
22. Transfer of unemployment benefits
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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:
a) A written form of transfer
unemployment benefit of the employees;
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[21].
Repealed
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[22].
Repealed
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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.
7a[24]. In case
the employee has received documents on referral to another unemployment benefit
payer, but has not yet submitted them to the receiving employment service
center, and no longer needs to be referred to another unemployment benefit
payer, the employee must submit the form of recommendation about referral to
the unemployment benefit payer to the referring employment service center.
Within 03 working days from the date of receipt of the form of relocation of
unemployment allowance, the employment service center shall send the form of
recommendation about referral to the unemployment benefit payer, the employment
service center must send the written request to the provincial social insurance
agency to keep on paying unemployment benefit and issuing health insurance card
to the employee.
7b[25].
The notice of job search issued by the employee during the period of referral
to another unemployment benefit payer shall follow the instructions given by
the Ministry 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. Entitlement to
health insurance benefits[26]
1. Based on the decision on entitlement to the
unemployment benefit, the social insurance agency shall issue the social
insurance card to the employee.
2. The employee shall be subject to the
termination of entitlement to health insurance benefit when his/her
unemployment benefit is terminated.
Section 4.
VOCATIONAL TRAINING SUPPORT
Article
24. Application for vocational training support[27]
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2. Application for vocational education support
for the employee who are receiving unemployment benefit but wishing to take
vocational training course in the locality other than the place where they are
enjoying unemployment benefit, shall include the request form for support for
vocational training and education made according to clause 1 of this Article
and the decision on entitlement to unemployment benefit. The decision on
entitlement to unemployment benefit to be submitted is the primary copy or the certified
true copy or the duplicated copy enclosed with the primary copy for
verification purpose.
3. An application for vocational training and
education support for the employee who does not fall into the cases prescribed
in clause 1 and clause 2 of this Article shall include:
a) Application form for unemployment benefit;
b) Application form for support for vocational
education and training under the provisions of clause 1 of this Article;
c) The primary copy or the certified true copy
or the copy annexed to the primary copy for verification purpose of one of the
documents prescribed in clause 2 of Article 16 in the Decree No. 28/2015/ND-CP,
which is amended and supplemented in Clause 6 of Article 1 in this Decree;
d) Social insurance book.
If the employee has submitted
an application for unemployment benefit but does not meet the eligibility
conditions, the application for vocational training support shall play its role
as the request for vocational training support as prescribed in clause 1 of
this Article and the Notice of the employee's failure to meet the conditions
for unemployment benefit issued by the employment service center.
Article 25. Settlement of
vocational training support[28]
1. Any employee who meets the conditions
specified in Article 55 of the Employment Law and wishes to receive vocational
training shall be entitled to a one-time support to take a vocational training
course in a job at a vocational education institution or a higher education
institution registered to provide vocational education programs at the
collegial level or enterprises permitted to conduct vocational education
activities that takes part in the provision of vocational training for
employees participating in the unemployment insurance plan (hereinafter
referred collectively to as vocational training institutions). Financial
support shall be given through vocational training institutions.
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a) The application for vocational training
support prescribed in clause 1 of Article 24 which is submitted to the
employment service center that is deciding to pay unemployment benefit or the
place where the employee is receiving unemployment benefit.
b) Application for vocational training support
as defined in clause 2 and 3 of Article 24 which is submitted to the employment
service center at the locality of the employees having needs for vocational training.
3. Employment service center shall have to
consider the set of application documents for vocational training support and
give the employee the note of appointment for notification of results according
to Form No. 01 annexed hereto.
4. Within 20 working days from the date of
receipt of a complete application for vocational training support, the
employment service center shall provide details about the job, the vocational
training support duration and time, time to start taking vocational training, the
level of vocational training support and vocational training institution to
seek the decision on vocational training support for employees from the
Director of the Department of Labor - Invalids and Social Affairs.
The time for starting the vocational training of
an employee is the time after issue of the decision on vocational training
support, but not more than 03 months from the date of issue of the decision on
vocational training support for those who are not currently receiving
unemployment benefit, and not more than 03 months from the expiry of the
validity period of enjoyment of unemployment benefit under the decision on
entitlement to unemployment benefit with respect to those currently receiving
unemployment benefit. If the employee needs to participate in a vocational
training course currently conducted by a vocational training institution, the
employee will be still supported to participate in this vocational training
course provided that the time of starting vocational training up to the time of
issuing the decision on vocational training support is no more than 01 month,
and vocational training institution ensures the complementary training in
knowledge in the period before the employee’s participation in the vocational
training.
The decision on vocational training support made
according to Form No. 04 issued with this Decree shall be sent by the
employment service center, including 01 copy to the provincial social insurance
agency for payment to the vocational training establishment; 01 copy to the
vocational training institution to provide vocational training for employees;
01 copy to the employee.
In case where the employee does not have access
to the vocational training, the employment service center must send a written
response clearly stating reasons.
If the employee has obtained a decision to grant
the vocational training support, but has not attended a vocational training
course, or is attending a vocational training course but his/her unemployment
benefit is terminated, he/she may still receive support for vocational training
under the decision regarding vocational training support of the Director of
Department of Labor - Invalids and Social Affairs.
5. Within 03 working days inscribed in the
appointment note to inform application processing results according to Form No.
01 issued together with this Decree, if the employee does not come to pick up
the decision on vocational training support or does not authorize any other to
do so without notifying the employment service center of the acceptable reasons
for not turning up for the decision, he/she shall be deemed as no need for
vocational training support. Within 02 working days from the deadline for the
employee’s picking up the decision stated in the appointment note, the
employment service center shall request the Director of the Department of Labor
- Invalids and Social Affairs to issue the decision on revocation of the
decision on the employee’s vocational training support using Form No. 05 issued
together with this Decree. The decision on revocation of the decision on
vocational training support sent by the employment service center shall include
01 copy to the provincial social insurance agency for payment of vocational
training support to the training institution; 01 copy to the vocational
training institution not to provide vocational training for employees; 01 copy
to the employee.
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Section 5.
SUPPORT OF TRAINING, RETRAINING TO IMPROVE OCCUPATIONAL SKILL QUALIFICATION FOR
JOB MAINTENANCE FOR EMPLOYEES
Article
26. Application for support
1. A written request for
funding for training, retraining to improve occupational skill qualification
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, retraining to improve
occupational skill qualification for employees ; organizational commitment of
training, retraining to improve occupational skill qualification 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 of training, retraining to improve occupational skill
qualification 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 clause 1 of Article 3
of this Decree.
The Minister of Labour – War
Invalids and Social Affairs shall provide guidance on clause 1 and 3 of this
Article.
Article
27. Settlement of funding for training, retraining to improve occupational
skill qualification for job maintenance for employees
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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 of
training, retraining to improve occupational skill qualification 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, retraining to improve occupational
skill qualification 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.
Decisions on support funding
for training, retraining to improve occupational skill qualification for job
maintenance for employees shall be sent by the Services of Labour, War Invalids
and Social Affairs as follows : 01 shall be sent to the social insurance
at the provincial level to pay supportive budget; 01 shall be sent to the
Ministry of Labor, War Invalids and Social Affairs to report; 01 service
centers to work; 01 shall be sent to the employers to implement and 01shall be
sent to vocational training institutions for employees in case the employers do
not directly train. Decisions on support funding for support of training,
retraining to improve occupational skill qualification for job maintenance for
employees shall comply with the form defined by the Minister of Labor, War
Invalids and Social Affairs.
3. Social insurance
organization shall advance 50% of the supportive budget for support of
training, retraining to improve occupational skill qualification 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, retraining to improve occupational skill qualification.
Article
28. Implementation of support of training, retraining to improve occupational
skill qualification for job maintenance for employees
1. Employers shall organize
training or cooperate with vocational training institutions, employment service
centers to organize training, retraining to improve occupational skill
qualification 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, retraining
to improve occupational skill qualification for job maintenance for employees
under the approved plan.
3. Services of Labour, War
Invalids and Social Affairs shall monitor the implementation of support of
training, retraining to improve occupational skill qualification for job
maintenance for employees under the decision on support of Presidents of the
provincial People’s Committees.
Chapter V
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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.
2. Be entitled to unemployment
insurance under the provisions of Article 42 of the Law on Employment.
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
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.
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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.
5. Submit application for
unemployment benefits, vocational training support as specified in the employment
service center when needed.
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[29].
Repealed
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Article
31. Rights of employers
1. Support funding for
training, retraining to improve occupational skill qualification for job
maintenance for employees as prescribed.
2. Refuse requests which are
not prescribed by legislation on unemployment insurance.
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, and disseminate 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.
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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.
7. Report to the Services of
Labour, War Invalids and Social Affairs on the situation of participation in
unemployment insurance in the previous year before January 15 annually.
8. Commence training,
retraining to improve occupational skill qualification for job maintenance for
employees in accordance with the plan approved by competent agencies.
9. Use the employees who have
been trained, retrained to improve occupational skill qualification 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.
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4. Other rights prescribed by
law.
Article
34. Responsibilities of employment service centers
1. Inform, propagate policies
and legislation on unemployment insurance.
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.
3a[30].
Making timely communication with the social insurance agency in case the
employee does not come to pick up the decision on unemployment benefit, the
employee does not come to inform his/her job seeking and the employee belongs
to the case of termination of entitlement to unemployment benefit as prescribed
before the Director of the Department of Labor - Invalids and Social Affairs issues
a decision on revocation of the decision on entitlement to unemployment benefit
or temporary suspension of unemployment benefit and termination of
enjoyment of unemployment benefit.
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.
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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.
Article
35. Rights of social insurance institutions
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
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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.
5. Pay unemployment benefits,
support for vocational training, support of training, retraining to improve
occupational skill qualification for job maintenance for employees.
6[31]. Cease to
pay unemployment benefit; vocational training support; career development
training support to maintain jobs for employees upon receipt of the decision
from the competent authority.
6a[32].
Recall unemployment insurance benefits due to improper payment under the
decision on unemployment insurance benefits or payment of unemployment
insurance benefits made upon expiration of the prescribed due date or
collection of incorrect unemployment insurance contributions leading to illegal
payment of unemployment benefit.
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.
9. Implement measures to
preserve and increase the unemployment insurance fund as prescribed by law.
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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.
15. Settle complaints,
denunciation on unemployment insurance as prescribed by law.
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.
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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.
7. Other rights prescribed by
law.
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 implementing regulations on
unemployment insurance as prescribed by law.
2a[33]. Recall
unemployment insurance benefits due to illegal payment of unemployment benefit
or issuance and transfer of decision on revocation of entitlement to
unemployment benefit, termination of entitlement to unemployment benefit, temporary
suspension of entitlement to unemployment benefit beyond the prescribed time
limit.
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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
IMPLEMENTATION
PROVISIONS
Article
39. Grandfather provisions
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.
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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. Ministries and other
relevant sectoral administrations shall, within their functions, duty and
powers, have responsibilities for implementing this Decree.
Article 41.
Entry into force[34]
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:
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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. Implementation responsibilities[35]
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.
IT IS TO
CERTIFY THAT THIS IS THE CONSOLIDATED DOCUMENT
MINISTER
Dao Ngoc Dung
[1] The Government's Decree
No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, is promulgated on the
following bases:
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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 hereby
promulgates this Decree amending and supplementing the Government’s Decree No.
28/2015/ND-CP dated March 12, 2015, elaborating on certain articles regarding
unemployment insurance in the Employment Law.
[2] This clause is amended
and supplemented according to clause 1 of Article 1 of the Government's Decree
No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[3] This clause is amended and supplemented according to clause 2 of
Article 1 of the Government's Decree No. 61/2020/ND-CP dated May 29, 2020,
amending and supplementing a number of articles of the Government's Decree No.
28/2015/ND-CP dated March 12, 2015, providing specific regulations on
implementation of a number of articles of unemployment insurance in the Law on
Employment, in effect as from July 15, 2020.
[4] This clause is amended
and supplemented according to clause 3 of Article 1 of the Government's Decree
No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of unemployment
insurance in the Law on Employment, in effect as from July 15, 2020.
[5] This clause is repealed
according to Article 2 of the Government's Decree No. 61/2020/ND-CP dated May
29, 2020, amending and supplementing a number of articles of the Government's
Decree No. 28/2015/ND-CP dated March 12, 2015, providing specific regulations
on implementation of a number of articles of unemployment insurance in the Law
on Employment, in effect as from July 15, 2020.
[6] This clause is repealed
according to Article 2 of the Government's Decree No. 61/2020/ND-CP dated May
29, 2020, amending and supplementing a number of articles of the Government's
Decree No. 28/2015/ND-CP dated March 12, 2015, providing specific regulations
on implementation of a number of articles of unemployment insurance in the Law
on Employment, in effect as from July 15, 2020.
[7] This clause is amended
and supplemented according to clause 4 of Article 1 of the Government's Decree
No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
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[9] This clause is amended
and supplemented according to clause 5 of Article 1 of the Government's Decree
No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[10] This clause is
amended and supplemented according to clause 6 of Article 1 of the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[11] This clause is
amended according to clause 7 of Article 1 of the Government's Decree No.
61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[12] This clause is
amended and supplemented according to clause 8 of Article 1 of the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[13] This clause is
repealed according to Article 2 of the Government's Decree No. 61/2020/ND-CP
dated May 29, 2020, amending and supplementing a number of articles of the
Government's Decree No. 28/2015/ND-CP dated March 12, 2015, providing specific
regulations on implementation of a number of articles of unemployment insurance
in the Law on Employment, in effect as from July 15, 2020.
[14] This clause is
amended and supplemented according to clause 9 of Article 1 of the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[15] This clause is
amended and supplemented according to clause 9 of Article 1 of the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[16] This clause is
amended and supplemented according to clause 9 of Article 1 of the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[17] This clause is
amended and supplemented according to clause 9 of Article 1 of the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
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[19] This clause is
amended and supplemented according to clause 9 of Article 1 of the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[20] This clause is
amended and supplemented according to clause 9 of Article 1 of the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[21] This clause is
repealed according to Article 2 of the Government's Decree No. 61/2020/ND-CP dated
May 29, 2020, amending and supplementing a number of articles of the
Government's Decree No. 28/2015/ND-CP dated March 12, 2015, providing specific
regulations on implementation of a number of articles of unemployment insurance
in the Law on Employment, in effect as from July 15, 2020.
[22] This clause is
repealed according to Article 2 of the Government's Decree No. 61/2020/ND-CP
dated May 29, 2020, amending and supplementing a number of articles of the
Government's Decree No. 28/2015/ND-CP dated March 12, 2015, providing specific
regulations on implementation of a number of articles of unemployment insurance
in the Law on Employment, in effect as from July 15, 2020.
[23] This clause is
repealed according to Article 2 of the Government's Decree No. 61/2020/ND-CP
dated May 29, 2020, amending and supplementing a number of articles of the
Government's Decree No. 28/2015/ND-CP dated March 12, 2015, providing specific
regulations on implementation of a number of articles of unemployment insurance
in the Law on Employment, in effect as from July 15, 2020.
[24] This clause is
supplemented according to clause 10 of Article 1 of the Government's Decree No.
61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[25] This clause is
supplemented according to clause 10 of Article 1 of the Government's Decree No.
61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[26] This Article is
amended and supplemented according to clause 11 of Article 1 of the
Government's Decree No. 61/2020/ND-CP dated May 29, 2020, amending and
supplementing a number of articles of the Government's Decree No. 28/2015/ND-CP
dated March 12, 2015, providing specific regulations on implementation of a
number of articles of unemployment insurance in the Law on Employment, in
effect as from July 15, 2020.
[27] This Article is amended
and supplemented according to clause 12 of Article 1 of the Government's Decree
No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
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[29] This clause is
repealed according to Article 2 of the Government's Decree No. 61/2020/ND-CP
dated May 29, 2020, amending and supplementing a number of articles of the
Government's Decree No. 28/2015/ND-CP dated March 12, 2015, providing specific
regulations on implementation of a number of articles of unemployment insurance
in the Law on Employment, in effect as from July 15, 2020.
[30] This clause is
supplemented according to clause 14 of Article 1 of the Government's Decree No.
61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[31] This clause is
amended and supplemented according to clause 15 of Article 1 of the
Government's Decree No. 61/2020/ND-CP dated May 29, 2020, amending and
supplementing a number of articles of the Government's Decree No. 28/2015/ND-CP
dated March 12, 2015, providing specific regulations on implementation of a
number of articles of unemployment insurance in the Law on Employment, in
effect as from July 15, 2020.
[32] This clause is
supplemented according to clause 15 of Article 1 of the Government's Decree No.
61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[33] This clause is
supplemented according to clause 16 of Article 1 of the Government's Decree No.
61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of
articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015,
providing specific regulations on implementation of a number of articles of
unemployment insurance in the Law on Employment, in effect as from July 15,
2020.
[34] Article 3 in the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020, sets out the following regulations:
“Article 3. Entry
into force
1. This Decree shall
take effect as from July 15, 2020.
2. For employers who
have submitted documents to request or apply for support for occupational skill
improvement training to maintain employees’ jobs before the effective date of
this Decree, but not yet obtaining decisions regarding the provision of funding
for such training, the provisions of this Decree shall
apply.
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[35] Article 4 in the Government's
Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a
number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12,
2015, providing specific regulations on implementation of a number of articles
of unemployment insurance in the Law on Employment, in effect as from July 15,
2020, sets out the following regulations:
“Article 4.
Implementation responsibilities
1. The Minister of
Labor, War Invalids and Social Affairs shall be responsible for implementation
of this Decree.
2. The Ministry of
Labor, War Invalids and Social Affairs, and Vietnam Social Security, shall apply
and modernize information technology to ensure data sharing and conduct
electronic transactions in their revenue and expenditure activities and payment
of unemployment insurance benefits.
3. 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.