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GOVERNMENT
OFFICE OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 15/VBHN-VPQH
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Hanoi, September
16, 2024
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LAW
ON EMPLOYMENT
Law on Employee No. 38/2013/QH13 dated November 16,
2013 of the National Assembly, which comes into force from January 01, 2015, is
amended by:
Law on Social Insurance No. 41/2024/QH15 dated June
29, 2024 of the National Assembly, which comes into force from July 01, 2025.
Pursuant to Constitution of the Socialist
Republic of Vietnam;
The National Assembly hereby promulgates the Law
on Employee [1].
Chapter I
GENERAL PROVISIONS
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This Law provides employment creation support
policies; labor market information; assessment and grant of certificates of
national occupational skills; employment service organizations and activities;
unemployment insurance; and state management of employment.
Article 2. Regulated entities
This Law applies to workers, employers and other
agencies, organizations and individuals involved in employment.
Article 3. Definitions
In this Law, the terms below are construed as
follows:
1. Worker means a Vietnamese citizen who is
full 15 years or older, has ability to work and seeks employment.
2. Employment means an income-generating
working activity not banned by law.
3. National occupational skills standards mean
regulations on professional knowledge, practice capacity, and ability to apply
such knowledge and capacity in work, which are required for a worker to perform
his/her work depending on each qualification level of skills of each
occupation.
4. Unemployment insurance means a scheme
aiming to compensate part of income of a worker when he/she becomes unemployed,
support him/her to receive vocational training, maintain employment, or seek
employment, on the basis of making contributions to the Unemployment Insurance
Fund.
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Article 4. Principles of employment
1. Ensuring the right to work and freely choose
jobs and workplaces.
2. Ensuring equality in employment opportunities
and incomes.
3. Ensuring working under safe and hygienic
conditions.
Article 5. State policies on employment
1. To adopt socio-economic development policies
aiming to create employment for workers, identify employment creation
objectives in socio-economic development strategies and plans; to allocate
resources for the implementation of employment policies.
2. To encourage organizations and individuals to
create employment for others and for themselves with incomes at least equal to
the minimum wage level, contributing to socio-economic and labor market
development.
3. To adopt policies on employment creation
support, labor market development and unemployment insurance.
4. To adopt policies on assessment and grant of
certificates of national occupational skills in association with improvement of
occupational skills qualifications.
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6. To support employers that employ many people
with disabilities, women and ethnic minority people.
Article 6. Contents of the state management of
employment
1. Promulgating, and organizing the implementation
of, legal documents on employment.
2. Propagating, disseminating and educating about
the law on employment.
3. Managing workers, labor market information,
assessment and grant of certificates of national occupational skills, and
unemployment insurance.
4. Managing the organization and operation of
employment service centers and employment service enterprises.
5. Examining, inspecting, settling complaints and
denunciations, and handling violations of the law on employment.
6. Carrying out international cooperation on
employment.
Article 7. Competence to perform the state
management of employment
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2. The Ministry of Labor, War Invalids and Social
Affairs shall take responsibility before the Government for the state
management of employment.
Ministries and ministerial-level agencies shall,
within the ambit of their tasks and powers, coordinate with the Ministry of
Labor, War Invalids and Social Affairs in, performing the state management of
employment.
3. People’s Committees at all levels shall, within
the ambit of their tasks and powers, perform the state management of employment
in localities.
Article 8. Responsibilities of agencies,
organizations and individuals for employment
1. The Vietnam Fatherland Front and its member
organizations shall, within the ambit of their functions and tasks, mobilize
agencies, enterprises, units, organizations and individuals to create
employment; and join state agencies in formulating, and supervising the
implementation of, policies and laws on employment in accordance with law.
2. Agencies and organizations shall, within the
ambit of their tasks and powers, propagate and disseminate policies and laws on
employment; create employment; and protect the lawful rights and interests of
workers and employers in accordance with law.
3. Individuals shall take the initiative in seeking
employment and participating in employment creation.
Article 9. Prohibited acts
1. Committing discriminatory acts in employment and
occupations.
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3. Recruiting or employing workers in contravention
of law.
4. Enticing, promising and deceitfully advertising
to deceive workers, or taking advantage of employment services or labor market
information to commit illegal acts.
5. Committing fraud or forging dossiers in the
implementation of employment policies.
6. Obstructing, or
causing difficulties or damage to, the lawful rights and interests of workers
or employers.
Chapter II
EMPLOYMENT CREATION SUPPORT POLICIES
Section 1. CREDIT INCENTIVES FOR EMPLOYMENT
CREATION
Article 10. Credit incentives for employment
creation
The State shall provide credit incentives from the
National Employment Fund and other credit sources to support employment
creation and maintain and expand employment.
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1. Sources forming the National Employment Fund
include:
a) State budget;
b) Supporting sources of domestic and foreign
organizations and individuals;
c) Other lawful sources.
2. The management and use of the National
Employment Fund must comply with law.
Article 12. Borrowers of loans from the National
Employment Fund
1. Eligible borrowers of loans from the National
Employment Fund include:
a) Small- and medium-sized enterprises,
cooperatives, cooperative groups and business households;
b) Workers.
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a) Small- and medium-sized enterprises,
cooperatives, cooperative groups and business households that employ many
people with disabilities or ethnic minority people;
b) Ethnic minority people who are living in areas
with extremely difficult socio-economic conditions, and people with
disabilities.
Article 13. Eligibility requirements for a loan
1. The entities defined at Point a, Clause 1,
Article 12 of this Law may take loans from the National Employment Fund when
fully meeting the following requirements:
a) Having a loan-borrowing project that is feasible
in the locality, suits their production and business lines and creates more
stable jobs;
b) Having a loan-borrowing project certified by a
competent agency or organization in the locality where the project is
implemented;
c) Having loan collateral.
2. The entities specified at Point b, Clause 1,
Article 12 of this Law may take loans from the National Employment Fund when
fully meeting the following conditions:
a) Having full civil act capacity;
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c) Lawfully residing in the locality where the
project is implemented.
3. The Government shall prescribe loan levels,
duration and interest rates, the order and procedures for borrowing loans, and
loan collateral conditions.
Article 14. Provision of preferential loans from
other credit sources to support employment creation
Based on socio-economic conditions in each period,
the State shall use other credit sources to provide preferential loans for the
implementation of indirect policies to support employment creation.
Section 2. POLICIES TO SUPPORT EMPLOYMENT CHANGE
FOR WORKERS IN RURAL AREAS
Article 15. Support for occupation or employment
change for workers in rural areas
1. Based on socio-economic development strategies
and plans, the State shall support occupation or employment change for workers
in rural areas.
2. Workers in rural areas who participate in
occupation or employment change are entitled to:
a) Vocational training support;
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c) Free job recommendation;
d) Taking loans from the National Employment Fund
as prescribed in Articles 11, 12 and 13 of this Law.
Article 16. Vocational training support for
workers in rural areas
Workers in rural areas who attend vocational training
courses of under three months or at primary level in vocational training
institutions are entitled to support of vocational training expenses under the
Prime Minister’s regulations.
Article 17. Support for small- and medium-sized
enterprises, cooperatives, cooperative groups and business households to create
employment for workers in rural areas
Small- and medium-sized enterprises, cooperatives,
cooperative groups and business households are entitled to the State’s support
for development of production and business activities and expansion of on-spot
employment for workers in rural areas through:
1. Taking loans from the National Employment Fund
as prescribed in Articles 11, 12 and 13 of this Law;
2. Being supported in accessing information on
outlet markets;
3. Enjoying tax exemption and reduction in
accordance with tax laws.
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Article 18. Contents of public employment
policies
1. Public employment policies are implemented
through state-funded projects or activities associated with socio-economic
development programs in communes, including:
a) Building infrastructure for agriculture,
forestry, fisheries and salt production;
b) Building public infrastructure facilities;
c) Protecting the environment;
d) Responding to climate change;
dd) Other projects and activities serving the local
communities.
2. For the projects and activities specified in
Clause 1 of this Article, when selecting contractors under the bidding law, a
bidding dossier or dossier of requirement must contain a requirement that the
bid-participating contractors propose a plan on employment of the workers
defined in Clause 1, Article 19 of this Law.
3. The Government shall detail the organization of
implementation of public employment policies.
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1. Workers may participate in public employment
policies when fully meeting the following conditions:
a) Lawfully residing in the locality where the
projects or activities are implemented;
b) Participating on a voluntary basis.
2. The workers defined in Clause 1 of this Article
who are ethnic minority people, members of poor households or households living
just above the poverty line or households having agricultural land recovered,
and unemployed or underemployed people are prioritized to participate in public
employment policies.
3. Organizations and individuals are encouraged to
employ the workers defined in Clause 1 of this Article when implementing
projects or activities other than those specified in Clause 1, Article 18 of
this Law.
Section 4. OTHER SUPPORT
POLICIES
Article 20. Support for guest workers
1. The State shall encourage and create conditions
for workers who have demand and ability to go abroad as guest workers.
2. Workers who are ethnic minority people, members
of poor households or households living just above the poverty line or
households having agricultural land recovered, and relatives of people with
meritorious service to the revolution who wish to go abroad as guest workers,
are entitled to the State’s support for:
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b) Training to improve occupational skills
qualifications to meet the requirements of the host country;
c) Taking loans with preferential interest rates.
3. The Government shall detail support policies for
guest workers as prescribed in this Article.
Article 21. Employment creation support for
young people
1. The State shall encourage organizations and
individuals to create employment for young people; and create conditions for
young people to bring into play their initiative and creativity in employment
creation.
2. The State shall provide employment creation
support for young people through:
a) Free job counseling, career orientation and job
recommendation for young people;
b) Vocational training in association with
employment creation for young people who have completed their military or
public security obligation and youth volunteers who have completed their tasks
in socio-economic development programs or projects;
c) Support for young people to start up their
career or business.
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Article 22. Support for labor market development
The State shall provide support for labor market
development through:
1. Collecting and providing labor market
information, analyzing and forecasting labor markets, and linking labor supply
and demand;
2. Modernizing employment service activities and
labor market information systems;
3. Making investment to build the capacity of
employment service centers;
4. Encouraging organizations and individuals to
participate in labor market development.
Chapter III
LABOR MARKET INFORMATION
Article 23. Contents of labor market information
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2. Information on labor supply and demand and labor
supply and demand developments in labor markets.
3. Information on foreign workers in Vietnam and
Vietnamese guest workers.
4. Information on salaries and wages.
Article 24. Management of labor market
information
1. State management agencies in charge of
statistics shall collect, publicize, develop and manage databases of labor
market information being national statistics in accordance with the statistical
law.
2. The Ministry of Labor, War Invalids and Social
Affairs shall assume the prime responsibility for, and coordinate with related
ministries and agencies in, collecting and publicizing labor market information
in the sectors and fields under their management other than labor market
information being national statistics; promulgate regulations on management,
use and dissemination of labor market information; and develop labor market
information networks and databases.
3. People’s Committees at all levels shall, within
the ambit of their tasks and powers, manage labor market information in
localities.
4. The agencies defined in Clauses 1, 2 and 3 of
this Article shall periodically publicize labor market information.
Article 25. Collection, archive and synthesis of
labor market information
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2. People’s Committees at all levels shall organize
the collection, archive and synthesis of labor market information in localities
under their management.
3. Agencies, organizations, enterprises and
individuals shall collect, archive and synthesize labor market information in
accordance with law.
Article 26. Provision of labor market
information
Agencies, organizations, enterprises and
individuals shall accurately and timely provide labor market information in
accordance with law.
Article 27. Analysis, forecast and dissemination
of labor market information
1. The Ministry of Labor, War Invalids and Social
Affairs shall assume the prime responsibility for the analysis, forecast and
dissemination of labor market information falling within its competence.
2. People’s Committees at all levels shall organize
the analysis, forecast and dissemination of labor market information in
localities under their management.
Article 28. Safety assurance, confidentiality
and archive of labor market information
1. Safety must be ensured for labor market
information during the development, operation and upgrading of labor market
information networks and databases.
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a) Labor market information associated with
specific names and addresses of organizations and individuals, unless otherwise
agreed by these organizations and individuals;
b) Labor market information in the process of
collection and synthesis not yet publicized by competent persons;
c) Labor market information on the law-prescribed
list of state secrets.
3. Agencies, organizations, enterprises and
individuals that exploit and use labor market information shall ensure safety
and confidentiality of, and archive such information in accordance with this
Law and other relevant laws.
Chapter IV
ASSESSMENT AND GRANT OF CERTIFICATES OF NATIONAL
OCCUPATIONAL SKILLS
Article 29. Purposes of assessment and grant of
certificates of national occupational skills
1. Assessment and grant of certificates of national
occupational skills aim to recognize the levels of occupational skills of
workers based on their qualifications.
2. Workers may participate in the assessment and be
granted certificates of national occupational skills in order to improve their
occupational capacity or seek appropriate employment or employment requiring
such certificates.
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1. The assessment of national occupational skills
must adhere to the following principles:
a) Ensuring voluntariness of workers;
b) Being based on national occupational skills
standards;
c) Conforming with each qualification level of skills
of each occupation;
d) Ensuring accuracy, independence, impartiality,
equality and transparency.
2. Contents of assessment of national occupational
skills include:
a) Professional and technical knowledge;
b) Work practice skills;
c) Occupational safety and hygiene process.
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1. Occupational skills assessment
organization means an organization that operates under prescribed conditions
and possesses a certificate for assessment and grant of certificates of
national occupational skills granted by a competent state agency.
2. When fully meeting the conditions on physical
foundations, equipment and staff, an occupational skills assessment
organization will be granted a certificate for assessment and grant of
certificates of national occupational skills by a competent state agency.
3. Occupational skills assessment organizations may
collect charges in accordance with the law on charges and fees.
4. The Government shall detail the conditions for,
and organization and activities of, the assessment and grant of certificates of
national occupational skills.
Article 32. Development and publicization of
national occupational skills standards
1. National occupational skills
standards shall be developed for each qualification level of occupational
skills for each occupation and the national occupational skills qualification
framework. The number of qualification levels of occupational skills
depends on the complexity of each occupation.
2. Ministers, heads of ministerial-level agencies
and heads of government- attached agencies shall assume the prime
responsibility for developing national occupational skills standards for each
occupation in the fields under their management and request the Ministry of
Labor, War Invalids and Social Affairs to appraise and publicize national
occupational skills standards.
3. The Ministry of Labor, War Invalids and Social
Affairs shall guide the development, appraisal and publicization of national
occupational skills standards.
Article 33. Certificates of national
occupational skills
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2. Certificates of national occupational skills are
valid nationwide. In case of mutual recognition of certificates of
national occupational skills between Vietnam and other countries or
territories, the certificates of national occupational skills are valid in the
countries or territories where they are recognized and vice versa.
Article 34. Rights and responsibilities of
workers participating in the assessment and grant of certificates of national
occupational skills
1. Workers who participate in the assessment and
grant of certificates of national occupational skills have the following
rights:
a) To select occupational skills assessment
organizations;
b) To be granted certificates of national
occupational skills when satisfying the requirements at the corresponding
qualification level of occupational skills;
c) To lodge complaints about the results of
assessment of national occupational skills in accordance with law.
2. Workers who participate in the assessment and
grant of certificates of national occupational skills have the following
responsibilities:
a) To observe rules and regulations on assessment
and grant of certificates of national occupational skills which are issued by
occupational skills assessment organizations;
b) To pay charges for the assessment and grant of
certificates of national occupational skills in accordance with law.
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1. Certificates of national occupational skills are
required for workers who do jobs that directly affect the safety and health of
themselves or of the community.
2. The Government shall provide a list of jobs
specified in Clause 1 of this Article.
Chapter V
EMPLOYMENT SERVICE ORGANIZATIONS AND ACTIVITIES
Article 36. Employment services
1. Employment services include job counseling and
recommendation; supply and recruitment of workers at the request of employers;
and collection and provision of labor market information.
2. Employment service organizations include
employment service centers and employment service enterprises.
Article 37. Employment service centers
1. Employment service centers are public
non-business units, including:
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b) Employment service centers established by
socio-political organizations.
2. Employment service centers must be established
under the Prime Minister-approved master plans and satisfy the prescribed
conditions on physical foundations, equipment and staff. Ministers, heads
of ministerial-level agencies and chairpersons of People’s Committees of
provinces or centrally run cities (below referred to as provincial-level) may
decide on the establishment of employment service centers specified at Point a,
Clause 1 of this Article; heads of central socio-political organizations may
decide on the establishment of employment service centers specified at Point b,
Clause 1 of this Article.
3. The Government shall detail the establishment
conditions for, and organization and operation of, employment service centers.
Article 38. Tasks of employment service centers
1. Employment service centers have the following
tasks:
a) To provide job counseling and recommendation for
workers and provide labor market information free of charge;
b) To supply and recruit workers at the request of
employers;
c) To collect labor market information;
d) To analyze and forecast labor markets;
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e) To provide occupational skills and vocational
training in accordance with law.
2. Employment service centers established by state
management agencies in charge of employment have the tasks specified in Clause
1 of this Article and shall receive dossiers of request for unemployment
insurance and submit them to competent state agencies for decision.
Article 39. Employment service enterprises
1. Employment service enterprise means an
enterprise established and operating under the law on enterprises and
possessing an employment service license granted by the provincial-level state
management agency in charge of employment.
2. An enterprise that fully satisfies the
conditions on physical foundations, equipment, staff and deposit shall be
granted an employment service license.
3. Employment service enterprises may establish
employment service branches.
4. Employment service enterprises may collect
charges in accordance with the law on charges and fees.
5. The Government shall elaborate this Article.
Article 40. Activities of employment service
enterprises
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2. Supplying and recruiting workers at the request
of employers.
3. Collecting and providing labor market
information.
4. Analyzing and forecasting labor markets.
5. Providing occupational skills and vocational
training in accordance with law.
6. Implementing employment programs and projects.
Chapter VI
UNEMPLOYMENT INSURANCE
Section 1. PRINCIPLES, PARTICIPANTS AND BENEFITS
OF UNEMPLOYMENT INSURANCE
Article 41. Principles of unemployment insurance
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2. The levels of payable unemployment insurance
premiums are based on wages of workers.
3. The levels of unemployment insurance benefits
are based on the levels and duration of payment of unemployment insurance
premiums.
4. Unemployment insurance is implemented in a
simple, easy and convenient manner, promptly and adequately ensuring the
interests of unemployment insurance participants.
5. The Unemployment Insurance Fund is managed in a
centralized, uniform, public, transparent and safe manner and protected by the
State.
Article 42. Unemployment insurance benefits
1. Unemployment allowance.
2. Job counseling and recommendation support.
3. Vocational training support.
4. Support for training and retraining to improve
qualifications of occupational skills for job maintenance for workers.
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1. Workers are obliged to participate in
unemployment insurance when working under labor contracts or working contracts
below:
a) Labor contracts or working contracts of
indefinite time;
b) Labor contracts or working contracts of definite
time;
c) Seasonal or job-based working contracts with a term
of between full 3 months and under 12 months.
In case a worker has signed and is performing more
than one labor contract specified in this Clause, the worker and the employer
under the labor contract signed first shall participate in unemployment insurance.
2. Workers defined in Clause 1 of this Article who
are currently on pension or doing housework are not required to participate in
unemployment insurance.
3. Employers obliged to participate in unemployment
insurance include state agencies, public non-business units and people’s armed
forces units; political organizations, socio-political organizations,
socio-political-professional organizations, social organizations and
socio-professional organizations; foreign agencies and organizations and
international organizations operating in the Vietnamese territory; enterprises,
cooperatives, households, business households, cooperative groups, other
organizations and individuals that hire or employ workers under the labor
contracts or working contracts specified in Clause 1 of this Article.
Article 44. Participation in unemployment
insurance
1. Employers shall pay unemployment
insurance premiums for workers to social insurance organizations within 30 days
from the effective date of labor contracts or working contracts.
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3. Based on the balance of the Unemployment
Insurance Fund, the State shall transfer supporting funds from the state budget
to the Fund at the level specified by the Government under Clause 3, Article 59
of this Law.
Article 45. Period of payment of unemployment
insurance premiums
1. The period of payment of unemployment insurance
premiums for receipt of unemployment insurance benefits is the total of
consecutive or interrupted periods of payment of unemployment insurance
premiums from the starting time of such payment to the time the worker
terminates his/her labor contract or working contract under law but during
which he/she has not yet received any unemployment allowance.
2. After a worker stops receiving unemployment
allowance, his/her previous period of payment of unemployment insurance
premiums is not counted for receiving unemployment allowance for the subsequent
time. The period of payment of unemployment insurance premiums for the subsequent
receipt of unemployment insurance benefits will be counted from the beginning,
except the case of stopping receiving unemployment allowance under Points b, c,
h, l, m and n, Clause 3, Article 53 of this Law.
3. The period of payment of unemployment insurance
premiums is not counted for receiving job loss allowance or severance pay under
the laws on labor and public employees.
Article 46. Receipt of unemployment allowance
1. Within 3 months after terminating his/her labor
contract or working contract, a worker shall submit a dossier for receipt of
unemployment allowance to an employment service center established by the state
management agency in charge of employment.
2. Within 20 days after the employment service
center receives a complete dossier, the competent state agency shall issue a
decision on unemployment allowance receipt; in case the worker is ineligible
for receiving unemployment allowance, the center shall issue a written reply to
the worker.
3. The social insurance organization shall pay unemployment
allowance to the worker within 5 days after receiving a decision on
unemployment allowance receipt.
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Article 47. Support conditions, time and levels
1. Employers may receive financial support for
training and retraining to improve occupational skills qualifications for job
maintenance for the workers defined in Clause 1, Article 43 of this Law who
currently pay unemployment insurance premiums, when fully meeting the following
conditions:
a) Having fully paid unemployment insurance
premiums for workers obliged to participate in unemployment insurance for at
least full 12 consecutive months by the time of request for support;
b) Meeting difficulties due to economic recession
or other force majeure causes, forcing them to undergo restructuring or change
production and business technologies;
c) Lacking funds for organizing training and
retraining to improve occupational skills qualifications for workers;
d) Having a plan on training and retraining to
improve occupational skills qualifications for job maintenance, approved by a
competent state agency.
2. The duration of support for training and
retraining to improve occupational skills qualifications for job maintenance
for workers must comply with the approved plan, but must not exceed 6 months.
3. The Government shall detail this Article and
specify the levels of financial support for training and retraining to improve
occupational skills qualifications for job maintenance for workers, ensuring
the balance of the Unemployment Insurance Fund.
Article 48. Responsibility for training and
retraining to improve occupational skills qualifications
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2. Workers shall abide by regulations on training
and retraining to improve occupational skills qualifications.
Section 3. UNEMPLOYMENT ALLOWANCE
Article 49. Conditions for unemployment
allowance receipt
A worker defined in Clause 1, Article 43 of this
Law who currently pays unemployment insurance premiums may receive unemployment
allowance when fully meeting the following conditions:
1. Terminating the labor contract or working
contract, except the following cases:
a) He/she unilaterally terminates the labor
contract or working contract in contravention of law;
b) He/she receives monthly pension or working
capacity loss allowance.
2. Having paid unemployment insurance premiums for
at least full 12 months within 24 months before terminating the labor contract
or working contract, for the case specified at Points a and b, Clause 1,
Article 43 of this Law; or having paid unemployment insurance premiums for at
least full 12 months within 36 months before terminating the labor contract,
for the case specified at Point c, Clause 1, Article 43 of this Law.
3. Having submitted a dossier for receipt of
unemployment allowance to an employment service center under Clause 1, Article
46 of this Law.
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a) He/she performs the military or public security
obligation;
b) He/she attends a training course of full 12
months or longer;
c) He/she serves a decision on application of the
measure to send him/her to a reformatory, compulsory education institution or
compulsory detoxification establishment;
d) He/she is kept in temporary detention or serves
a prison sentence;
dd) He/she goes abroad for settlement or as guest
worker;
e) He/she dies.
Article 50. Levels, duration and time of receipt
of unemployment allowance
1. The monthly unemployment allowance level equals
60% of the average monthly wage of 6 consecutive months before the worker
becomes unemployed on which unemployment insurance premiums are based, but must
not exceed 5 times the basic wage level, for workers receiving wages under the
State-prescribed regime, or must not exceed 5 times the region-based minimum
wage level under the Labor Code, for workers who pay unemployment insurance
premiums under the wage regime decided by employers at the time of termination
of the labor contract or working contract.
2. The duration of unemployment allowance receipt
is based on the number of months of payment of unemployment insurance premiums.
This duration is 3 months if the period of payment of unemployment insurance
premiums is between full 12 months and full 36 months, which is added with 1
month for each additional period of payment of full 12 months, but must not
exceed 12 months.
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Article 51. Health insurance
1. Persons on unemployment allowance are entitled
to health insurance benefits in accordance with the law on health insurance.
2. Social insurance organizations shall pay health
insurance premiums for persons on unemployment allowance from the Unemployment
Insurance Fund.
Article 52. Notification of job seeking
1. While on unemployment allowance, monthly, a
worker shall directly notify his/her job seeking to the employment service
center of the locality where he/she currently receives unemployment allowance,
except the following cases:
a) He/she is sick or on maternity leave or has an
accident as certified in writing by a competent health establishment prescribed
by the law on medical examination and treatment;
b) Cases of force majeure;
2. The worker shall notify the case specified at
Point a or b, Clause 1 of this Article to the employment service center of the
locality where he/she currently receives unemployment allowance.
3. The Ministry of Labor, War Invalids and Social
Affairs shall guide the implementation of this Article.
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1. Persons on unemployment allowance will be
suspended from receiving it if they fail to monthly notify their job seeking
under Article 52 of this Law.
2. Workers who are suspended from receiving
unemployment allowance may continue receiving it under the decisions on
unemployment allowance receipt if the receipt duration has not yet expired and
they monthly notify their job seeking under Article 52 of this Law.
3. A person on unemployment allowance will stop
receiving it in the following cases:
a) The duration of unemployment allowance receipt
expires;
b) He/she has found a job;
c) He/she performs the military or public security
service obligation;
d) He/she receives monthly pension;
dd) He/she has twice refused without a plausible
reason to take up the job recommended by the employment service center of the
locality where he/she currently receives unemployment allowance;
e) He/she fails to monthly notify his/her job
seeking under Article 52 of this Law for 3 consecutive months;
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h) He/she attends a training course of full 12
months or longer;
i) He/she is administratively sanctioned for
violations of the law on unemployment insurance;
k) He/she dies;
l) He/she serves a decision on application of the
measure to send him/her to a reformatory, compulsory education institution or
compulsory detoxification establishment;
m) He/she is declared by a court as missing;
n) He/she is kept in temporary detention or serves
a prison sentence.
4. Workers who stop receiving unemployment
allowance in the cases specified at Points b, c, h, l, m and n, Clause 3 of
this Article may have the period of payment of unemployment insurance premiums
reserved for calculating the subsequent duration of receipt of unemployment
allowance when they fully satisfy the conditions specified in Article 49 of
this Law.
The reserved period equals the total of the periods
of payment of unemployment insurance premiums minus the period during which the
worker has received unemployment allowance, with one month of receipt of
unemployment allowance equivalent to 12 months of payment of unemployment
insurance premiums.
Section 4. SUPPORT FOR JOB COUNSELING,
RECOMMENDATION AND TRAINING
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The workers defined in Clause 1, Article 43 of this
Law who currently pay unemployment insurance premiums, have their labor
contracts or working contracts terminated and wish to seek employment shall be
provided with free job counseling and recommendation.
Article 55. Conditions for vocational training
support
The workers defined in Clause 1, Article 43 of this
Law who currently pay unemployment insurance premiums are entitled to
vocational training support when fully meeting the following conditions:
1. The conditions specified in Clauses 1, 3 and 4,
Article 49 of this Law;
2. Having paid unemployment insurance premiums for
at least full 9 months within 24 months before terminating labor contracts or
working contracts under law.
Article 56. Duration and levels of vocational
training support
1. The duration of vocational training support
depends on the actual duration of vocational training but must not exceed 6
months.
2. The vocational training support levels must
comply with the Prime Minister’s regulations.
Section 5. THE UNEMPLOYMENT INSURANCE FUND
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1. The levels of and responsibility to pay
unemployment insurance premiums are specified as follows:
a) Workers shall pay unemployment insurance
premiums equal to 1% of their monthly wage;
b) Employers shall pay unemployment insurance
premiums equal to 1% of the monthly wage fund of the workers currently
participating in unemployment insurance;
c) The State shall provide at most 1% of the
monthly wage fund from the central budget as support for payment of
unemployment insurance premiums of workers currently participating in
unemployment insurance.
2. Sources forming the Unemployment Insurance Fund
include:
a) Contributions and support specified in Clause 1
of this Article;
b) Profits from the Fund’s investment activities;
c) Other lawful sources.
3. The Unemployment Insurance Fund must be used
for:
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b) Supporting training and retraining activities to
improve occupational skills qualifications for job maintenance for workers;
c) Supporting vocational training;
d) Supporting job counseling and recommendation;
dd) Paying health insurance premiums for workers on
unemployment allowance;
e) [2] Paying
expenses for organization and operation of unemployment insurance in accordance
with the Law on Social Insurance;
g) Making investment for preservation and growth of
the Fund.
Article 58. Wages on which unemployment
insurance premiums are based
1. For workers who receive wages under the
State-prescribed regime, the monthly wage on which unemployment insurance premiums
are based is the monthly wage on which compulsory social insurance premiums are
based under the Law on Social Insurance. In case the monthly wage on
which unemployment insurance premiums are based is higher than the twenty
months’ region-based basic wage, the monthly wage on which unemployment
insurance premiums will be equal to the twenty months’ region-based basic wage
at the time of payment of unemployment insurance premiums.
2. For workers paying unemployment insurance
premiums under the wage regime decided by employers, the monthly wage on which
unemployment insurance premiums are based is the monthly wage on which
compulsory social insurance premiums are based under the Law on Social
Insurance. In case the monthly wage on which unemployment insurance
premiums are based is higher than the twenty months’ region-based minimum wage,
the monthly wage on which unemployment insurance premiums are based will be
equal to the twenty months’ region-based minimum wage as prescribed by the Labor
Code at the time of payment of unemployment insurance premiums.
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1. The Unemployment Insurance Fund may apply
independent cost-accounting. Social insurance organizations shall collect,
spend, manage and use the Unemployment Insurance Fund.
2. The Unemployment Insurance Fund’s investment
activities must ensure safety, transparency, efficiency, and capital retrieval
when necessary, through:
a) Buying bonds and bills of the State and bonds of
commercial banks with over 50% of charter capital owned by the State;
b) Making investment in important projects under
the Prime Minister’s decisions;
c) Providing loans for the state budget, the
Vietnam Development Bank, the Vietnam Bank for Social Policies, and commercial
banks with over 50% of charter capital owned by the State.
3. The Government shall detail the percentages of
state budget support; the management and use of the Fund; and the
implementation of unemployment insurance.
Chapter VII
IMPLEMENTATION PROVISIONS [3]
Article 60. Transitional provisions
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2. Job recommendation centers that are established
before the effective date of this Law that continue providing employment
services must be renamed employment service centers.
3. Occupational skills assessment organizations
that are granted certificates for assessment and grant of certificates of
national occupational skills before the effective date of this Law may continue
their operation until these certificates expire.
4. The period during which workers have paid
unemployment insurance premiums under the Law on Social Insurance before the
effective date of this Law but have not yet received any unemployment allowance
will be added to the period of payment of unemployment insurance premiums under
Article 45 of this Law.
Article 61. Entry into force
1. This Law comes into force on January 1, 2015.
2. The provisions of Law No. 71/2006/QH11 on Social
Insurance regarding unemployment insurance and Chapter IX - Assessment and
Grant of Certificates of National Occupational Skills of Law No. 76/2006/QH11
on Vocational Training cease to be effective on the effective date of this Law.
Article 62. Implementation detailing and
guidance
The Government and other competent state agencies
shall detail and guide the implementation of articles and clauses as assigned
in this Law./.
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CERTIFIED BY
CHAIRPERSON
Bui Van Cuong