Integrated document No. 3922/VBHN-BLDTBXH dated October 6, 2020 Decree on elaborating on implementation of several articles regarding unemployment insurance of Law on employment

• Official number: 3922/VBHN-BLDTBXH
• Legislation Type: Integrated document
• Organization: Bộ Lao động - Thương binh và Xã hội
• Signer: Dao Ngoc Dung
• Issued Date: 06/10/2020

MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 3922/VBHN-BLDTBXH	Hanoi, October 6, 2020

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.