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THE MINISTRY OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
15/2023/TT-BLDTBXH
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Hanoi, December
29, 2023
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CIRCULAR
ON
AMENDMENTS TO CIRCULAR 20/2015/TT-BLDTBXH DATED JULY 31, 2015 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. 62/2022/ND-CP dated September 12, 2022, 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;
Pursuant to Decree No.
61/2020/ND-CP dated May 29, 2020 of the Government on amendments to Decree No.
28/2015/ND-CP;
At the request of the
Director of the Department of Employment;
Minister of Labor, War
Invalids and Social Affairs promulgates a Circular on amendments to circular
20/2015/TT-BLDTBXH dated July 31, 2015 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.
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1. Amendments
to Article 1:
“This Circular provides
guidelines for Article 52 of the Law on employment and the Decree No.
28/2015/ND-CP, Decree No. 61/2020/ND-CP.”
2. Supplementation
of Clauses 3 and 4 to Article 4:
“3. If an employee working for
an employer which has no legal representative or legal representative’s
authorized person wishes to terminate their employment contract to receive
unemployment insurance benefits, they shall request the Department of Labor,
War Invalids, and Social Affairs or the Provincial Social Security to follow
the process at Point h, Clause 2, Article 16 of Decree No. 28/2015/ND-CP, which
has been supplemented in Clause 6, Article 1 of Decree No. 61/2020/ND-CP.
4. The social security agency
shall confirm the premium rate, payment time, interruption period, and reason
for interruption in payment of unemployment insurance premiums.”
3. Amendment
to clause 2 Article 8:
“2. Payout months are 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. If the next month does not have a corresponding date,
the end date of the payout month is the last day of that month.
Example 4: Mr. Cao Van D is entitled to receive 5-month unemployment benefit;
the payout period of Mr. D is from January 1, 2022 to May 31, 2022.
Accordingly, Mr. D’s payout months shall be determined as follows:
The first payout month is from
January 1, 2022 to January 31, 2022; the second payout month is from February
1, 2022 to February 28, 2022; the third payout month is from March 1, 2022 to
March 31, 2022; the fourth payout month is from April 1, 2022 to April 30,
2022; the fifth payout month is from May 1, 2022 to May 31, 2022.”
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“Article 9. Reservation of
payment period
1. Reservation of payment
period shall be determined as follows:
Total reserved payment period
=
Reserved payment period upon availability of remaining payment period
(if any)
+
Reserved payment period upon benefit cancellation decision (if any)
+
Reserved payment period upon benefit cutting decision (if any)
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Reserved payment period upon employee’s failure to receive benefit (if
any)
+
Confirmed additional payment period after benefit cutting decision (if
employee has payment period of less than 36 months, they will receive the
benefit based on their payment period and payout period) (if any)
a) Reserved payment period upon
availability of remaining payment period
If an employee has a payment
period of more than 36 months to 144 months, their remaining payment period
will be reserved. If an employee has a payment period of more than 144 months,
their remaining payment period will not be reserved. The reserved payment
period is documented in the decision on unemployment benefit payout.
Example 5: Ms. Nguyen Thi D has
a total payment period of 41 months, so if Ms. D meets all the requirements
prescribed in Article 49 of the Law on employment and guiding documents, then
she is entitled to receive 3-month unemployment benefit (corresponding to 36
months of payment), and her remaining 5-month payment period will be reserved.
Example 6: Ms. Nguyen Thi E has
a total payment period of 150 months, so if Ms. D meets all the requirements
prescribed in Article 49 of the Law on employment and guiding documents, then
she is entitled to receive 12-month unemployment benefit and has no remaining
payment period.
b) Reserved payment period upon
benefit cancellation decision
If an employee obtains a
benefit cancellation decision as prescribed in Clause 3, Article 18 of Decree
No. 28/2015/ND-CP, amended in Decree No. 61/2020/ND-CP, their reserved payment
period is the payment period stated in the benefit payout decision.
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c) Reserved payment period upon
benefit cutting decision
If an employee obtains a
benefit cutting decision but is eligible for reservation of payment period as
prescribed in clause 5 Article 21 of Decree No. 28/2015/ND-CP (amended in
Decree No. 61/2020/ND-CP), their reserved payment period is the remaining
payment period. The reserved payment period is documented in the benefit
cutting decision.
If an employee who has received
unemployment benefit has a job under an employment contract with a
public-sector entity or another entity and has notified the employment service
center, but they has not obtained a copy of such employment contract, they must
make a commitment stating the effective date of employment contract and reason
for unavailability of the copy, and submit such copy within 3 working days of
receiving that employment contract.
Example 8: Mr. Nguyen Van G has
a payment period of 17 months and he is entitled to receive 3-month
unemployment benefit. Mr. G received the first month’s payout and
notified the employment service center about having a job in that month.
So Mr. G’s reserved payment period is 5 months (1-month benefit
corresponds to 12-month payment period).
Example 9: Mr. Nguyen Van H has
a payment period of 52 months, so he is entitled to receive 4-month
unemployment benefit from April 2, 2022 to August 1, 2022 and his remaining
4-month payment period will be reserved. After the first payout month, Mr. H
did not make a job seeking notice, so he obtained a benefit suspension decision
from May 2, 2022. However, from July 4, 2022, Mr. H notified that he had a job
from July 2, 2022, so he obtains a benefit cutting decision. So, Mr. H received
payouts in 2 months (the first and fourth payout month), has payouts suspended
in 2 months (the second and third month), so Mr. H’s reserved payment period
stated in the benefit cutting decision is 0 month (excluding reserved 4-month
payment period specified in the benefit payout decision).
Example 10: Mr. Nguyen Van K
has a payment period of 60 months; he is entitled to receive 5-month
unemployment benefit from January 18, 2022 to June 17, 2022; he obtains a
benefit suspension decision from March 18, 2022. However, on March 25, 2022,
Mr. K notified that he had a job from March 11, 2022, thus, Mr. K obtains a
benefit cutting decision from March 11, 2022 and his reserved payment period is
0 month (because Mr. K did not notify that he has a job within the time limit
prescribed in Clause 9, Article 1 of Decree No. 61/2020/ND-CP).
d) Reserved payment period upon
employee’s failure to receive benefit
If an employee fails to receive
benefit and notify the social security agency in writing within 3 months after
the deadline for benefit receipt as stated in the benefit payout decision,
their reserved payment period corresponds to their payout period that they has
not received. The reserved payment period is documented in the reserved payment
period decision.
Example 11: Ms. Nguyen Thi L
has a payment period of 12 months and he is entitled to receive 3-month
unemployment benefit. Ms. L receive the first month’s payout. However,
within 3 months after the deadline for benefit receipt, Ms. L still fails to
receive her second-month and third month’s payouts. So Mr. L’s received payout
for 1 month (corresponding to 12-month payment period), her reserved payment
period is 0 month.
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Example 13: Ms. Nguyen Thi N has
a payment period of 29 months, and he is entitled to receive 3-month
unemployment benefit. Ms. N received the first month’s payout, her
second-month benefit payout was suspended, and she received the third month’s
payout. However, within 3 months after the deadline for benefit receipt, Ms. L
still fails to receive her third month’s payout. So Mr. L’s received payout for
1 month and had 1 month payout suspended (corresponding to 24-month payment
period), her reserved payment period is 5 months.
Example 13a: Mr. Pham Van N has
a payment period of 15 months and he is entitled to receive 3-month
unemployment benefit. Mr. N received the first month’s payout, made the
job seeking notice for the second month, but he failed to receive the benefit
for the second month. His benefit payout for the third month was suspended.
However, within 3 months after the deadline for benefit receipt, Mr. N still
fails to receive his second month’s payout. So Mr. N received benefit payout
for 1 month (corresponding to 12-month payment period), his reserved payment
period is 3 months.
dd) Reserved payment period
when an employee’s additional payment period is confirmed by the social
security agency after the benefit cutting decision.
- If an employee has a payment
period of at least 36 months for benefit payout, their additional payment
period that is confirmed by the social security agency can be reserved if they
meet the required conditions.
Example 13b: Mr. Nguyen Van P
has a payment period of 42 months, so he is entitled to receive 3-month
unemployment benefit and his remaining 6-month payment period will be reserved.
After Mr. P obtains a benefit cutting decision, his additional 8-month payment
period is confirmed by the social security agency, this 8-month payment period
will be reserved if they meet the required conditions.
- If an employee has a payment
period of less than 36 months for benefit payout, their additional payment
period that is confirmed by the social security agency will be reserved
following the rules below:
Number of additional payment months confirmed for reservation
=
Number of payment months for benefit payout
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Number of additional payment months confirmed
-
Number of payment months equivalent to payout months
-
Number of payment months equivalent to non-payout months upon benefit
suspension decision
Example 13c: Mr. Nguyen Van Q
has a payment period of 42 months, so he is entitled to receive 3-month
unemployment benefit and received 3-month payouts in full. After he obtained a
benefit cutting decision, Mr. Q’s additional 7-month payment period is
confirmed by the social security agency. So, Mr. Q received 3-month payouts,
corresponding to 36-month payment. In fact, Mr. Q has total 20-month payment
period, thus his additional payment period that is confirmed will not be
reserved.
Example 13d: Mr. Nguyen Van R
has a payment period of 25 months, so he is entitled to receive 3-month
unemployment benefit and received 3-month payouts in full. After he obtained a
benefit cutting decision, Mr. R’s additional 15-month payment period is
confirmed by the social security agency. So, Mr. R received 3-month payouts,
corresponding to 36-month payment. In fact, Mr. Q has total 40-month payment
period, thus his remaining payment period is 4 months.
Example 13dd: Mr. Nguyen Van S
has a payment period of 16 months and he is entitled to receive 3-month
unemployment benefit. Mr. S received 1-month payout and then he got a
job, he then obtained a benefit cutting decision and his 4-month payment period
is reserved. After he obtained a benefit cutting decision, his additional
12-month payment period is confirmed by the social security agency. So, Mr. S
received 1-month payout, corresponding to 12-month payment. In fact, Mr. S has
total 28-month payment period, thus his remaining payment period is 12 months (excluding
reserved 4-month payment period stated in the benefit cutting decision).
Example 13e: Mr. Nguyen Van T
has a payment period of 16 months and he is entitled to receive 3-month
unemployment benefit. Mr. S received 2-month payout and then he got a
job, he then obtained a benefit cutting decision and his reserved payment
period is 0 month. After he obtained a benefit cutting decision, his additional
12-month payment period is confirmed by the social security agency. So, his
total payment period is 28 months, Mr. R received 2-month payouts,
corresponding to 24-month payment. Thus his reserved payment period is 4
months.
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2. For the cases in Points b,
c, d, Clause 1 of this Article, the reserved payment period does not include
the number of remaining payment months as stated in the benefit payout decision
that has been reserved by the social security agency.
3. The social security agency
shall, based on decisions related to benefit payout and confirmation of
additional payment period, reserve the payment period into the social security
book of the employee in line with guidance of Vietnam Social Security.”
5. Amendments
to clause 3 and clause 5 Article 10:
“3. The employee who has
received unemployment benefit is exempted from making a monthly job seeking
notice in person if they falls under one of the following cases during that
required time:
a) The male employee reaches 60
years of age or older, the female employee reaches 55 years of age or older;
b) The employee suffers from
sickness certified by a competent health facility;
c) The employee has taken
parental leave certified by a competent health facility. A male employee whose
wife died in childbirth and is now the child’s primary caregiver, certified by
the child’s birth certificate and the wife’s death certificate;
d) The employee meets with an
accident certified by the traffic police or a competent health facility;
dd) The employee suffers from
fire, flood, earthquake, tsunami, hostility or epidemic disease certified by
the President of the People’s Committee of commune, ward, or town (hereinafter
referred to as commune);
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g) The employee has attended a
vocational course under a decision of the Director of the Department of Labor,
War Invalids, and Social Affairs and certified by the vocational training
facility;
h) The employee has executed a
fixed-term employment contract of less than 3 months;
i) Undergo voluntary
detoxification with confirmation from the detoxification facility or the
President of the People's Committee of commune;
k) The employee changes the
location to receive benefits as prescribed in Clause 5 of this Article.
The employee must notify the
employment service center (via phone, email, fax, etc.) of their reason for
exemption from making job seeking notice within 3 days after the required
deadline, and send a registered mail or authorize another person to submit an
original or copy of one the above-mentioned documents, except for the case in
point a of this clause. If the document is sent by post, the date of postmark
is considered as the sending date.
5. An employee shall make job
seeking notices in case of relocation of the employment service center that pay
out their benefits (hereinafter referred to as benefit payout center) as
follows:
If the date of job seeking
notice is within 15 days after receiving the relocation dossier but before the
employee submits the relocation dossier to the new benefit payout center, the
employee is not required to make a monthly job seeking notice with the old
beneefit payout center. The employee must make monthly job seeking notices with
the new benefit payout center as prescribed in clause 3 of this Article.
If the date of job seeking
notice is more than 15 days after receiving the relocation dossier, the
employee must make a monthly job seeking notice as prescribed in clause 1 of
this Article.
If the employee has received
the relocation dossier but they has not submitted it to the new benefit payout
center and they no longer need to relocate benefit payout center, they shall
make monthly job seeking notices as prescribed in clause 1 of this Article with
the old benefit payout center.
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Example 14: Mr. Nguyen Van X has
received unemployment benefits in Hanoi and wished to relocate his benefit
payout center to Ca Mau. On May 10, 2022, Mr. X received the relocation
dossier; on May 19, 2022, Mr. X submitted the relocation dossier to Ca Mau
employment service center. The date of job seeking notice during the payout
month over which Mr. X has applied for relocation of benefit payout center is
May 11 through 13, 2022 (less than 15 days after Mr. X received the relocation
dossier). So, Mr. X is not required to make a monthly job seeking notice.
Example 15: Mr. Dinh Van X has
received unemployment benefits in Hai Duong and wishes to relocate his benefit
payout center to Vinh Long. On May 10, 2022, Mr. X received the relocation
dossier; on May 19, 2022, Mr. X submitted the relocation dossier to Vinh Long
employment service center. The date of job seeking notice during the payout
month over which Mr. X has applied for relocation of benefit payout center is
May 20 through 24, 2022 (15 days after Mr. X received the relocation dossier).
So, Mr. X has to make a monthly job seeking notice with Vinh Long
employment service center from May 20 through 24, 2022 as prescribed.
Example 15a: Ms. Nguyen Thi Y
has received unemployment benefits in Bac Ninh and wished to relocate her
benefit payout center to Bac Lieu. On May 4, 2022, Ms. Y received the
relocation dossier, then she submitted the relocation dossier to Bac Lieu
employment service center. The date of job seeking notice during the payout
month over which Mr. Y has applied for relocation of benefit payout center is
May 25 through 27, 2022 (more than 15 days after Mr. X received the relocation
dossier). So, Ms. Y has to make monthly job seeking notices with Bac Lieu
employment service center from May 25 through 27, 2022 as prescribed.”
6. Amendments
to Clause 4, Article 12 and supplementation of Clause 7, Clause 8, Clause 9 to
Article 12 as follows:
“4. As for applications for
vocational training support as prescribed in clause 3 Article 24 of Decree No.
28/2015/ND-CP (amended in Decree No. 61/2020/ND-CP), within 3 months from the
appointment date, if the employee fails to receive the social insurance book at
the employment service center within 3 days after the end of the
above-mentioned 3-month period, the employment service center shall transfer
the social insurance book of the employee to the social security agency of
province for management
7. Within 20 working days
of receiving a complete application for vocational training support, the
employment service center shall submit to the Director of the Department of
Labor, War Invalids, and Social Affairs a decision on vocational training
support when the employee meets all conditions for vocational training support
according to regulations.
Example 17a: Ms. Nguyen Thi Q
received unemployment benefits from March 4, 2022 to June 3, 2022. On April 4,
2022, Ms. Q submitted an application for vocational training support. On
April 6, 2022, Ms. Q had a job. Thus, Ms. Q found a job within 15 days
from the date of submitting the application for vocational training support, so
she did not meet the conditions for vocational training support as prescribed
in Clause 1, Article 55 of the Law on employment.
Example 17b: Ms. Nguyen Thi S
received unemployment benefits from April 5, 2022 to July 4, 2022. On May 6,
2022, Ms. Q submitted an application for vocational training support in
Province A and by May 22, 2022, Ms. S had not found a job. So she met the
conditions for vocational training support as prescribed in Clause 1, Article
55 of the Law on Employment, thus from May 23, 2022 to June 3, 2022, the
employment service center must request the Director of the Department of Labor,
War Invalids, and Social Affairs of province A to issue a decision on
vocational training support to Ms. S.”
8. In case an employee wishes
to participate in a vocational training course being conducted by a vocational
training facility, they may still receive vocational training support if the
start time of the vocational training course to the time of issuance of the
decision on vocational training support does not exceed 1 month and the
vocational training facility ensures to make up for knowledge from the period
before the issuance date of the decision on vocational training support.
The time when an employee is eligible for vocational training support is
the first day of the vocational training course, the ending time is the last
day of the vocational training support period as prescribed in Article 56 of
the Law on employment.
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9. In case an employee is
receiving unemployment benefits at the employment service center where the
benefit payout decision is issued and applies for vocational training support
with another employment service center, the latter employment service center
shall send a copy of the decision on vocational training support to the former
employment service center.
In case an employee relocated
their benefit payout center, and then they apply for vocational training
support with another employment service center, the latter employment service
center shall send a copy of the decision on vocational training support to the
employment service center that issued the benefit payout decision, and send
another copy of the decision on vocational training support to the employment
service center that has paid out the benefits.”
7. Amendments
and issuance of Forms No. 01, 02, 03, 05, 06, 07, 08, 10, 12, 13, 16, 22, 23,
24, 34 and 35 of Circular No. 28/2015 /TT-BLDTBXH.
8. Annulment
of Clause 2 Article 10 of Circular No. 28/2015/TT-BLDTBXH.
9. Annulment of Clause 1, Article 12 and paragraph
"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” in Clause 2, Article 12 of Circular No. 28/2015/TT-BLDTBXH.
10. Annulment
of Forms No. 04, 09, 17, 18, 19, 20 of Circular No. 28/2015/TT-BLDTBXH.
Article 2. Implementation
1. This Circular comes into
force as of February 15, 2024.
2. Forms of documents that are
part of documents for carrying out administrative procedures that have been
received before the effective date of this Circular but have not yet been
resolved will keep complying with Circular No. 28/2015. /TT-BLDTBXH.
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Difficulties that arise during
the implementation of this Circular should be reported to Ministry of Labor,
War Invalids, and Social Affairs for consideration./.
PP. MINISTER
DEPUTY MINISTER
Le Van Thanh