Decree 374/2025/ND-CP detailing Law on Employment regarding unemployment insurance

DECREE
Detailing a number of articles of the Law on Employment regarding unemployment insurance

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Organization of Local Administrations No. 72/2025/QH15;

Pursuant to the Law on Employment No. 74/2025/QH15;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree detailing a number of articles of the Law on Employment regarding unemployment insurance.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles and clauses of the Law on Employment regarding unemployment insurance, including: Clause 9 Article 33, Clause 5 Article 34, Clause 4 Article 35, Clause 2 Article 36, Clause 5 Article 37, Clause 2 Article 38, Clause 5 Article 39, Clause 2 Article 40, Clause 6 Article 41, Clause 4 Article 42, Clause 5 Article 46, Clause 3 Article 47, and Clause 4 Article 48 of the Law on Employment.

Article 2. Subjects of application

1. Employees and employers who are obliged to participate in unemployment insurance in accordance with Article 31 of the Law on Employment.

2. Social security agencies; Departments of Home Affairs of provinces and centrally run cities (hereinafter referred to as provincial-level Departments of Home Affairs); and public employment service organizations established by state management agencies in charge of employment and assigned to implement tasks related to unemployment insurance (hereinafter referred to as public employment service organizations).

3. Agencies, organizations, and individuals related to unemployment insurance as prescribed by the Law on Employment.

Article 3. Employees currently paying unemployment insurance premiums

An employee shall be considered as currently paying unemployment insurance premiums in accordance with Articles 36 and 38 of the Law on Employment when falling into one of the following cases:

1. He/she has paid unemployment insurance premiums for the month in which the labor contract or working contract is terminated, or employment is ceased in accordance with the law provisions, and such payment is certified by a social security agency in the social insurance book.

2. He/she has paid unemployment insurance for the month immediately preceding the month in which the labor contract or working contract is terminated, or employment is ceased, and such payment is certified by a social security agency in the social insurance book.

3. He/she has either the month immediately preceding or the month of termination of the labor contract, working contract, or cessation of employment in which he/she took leave due to sickness or maternity for 14 working days or more in the month without receiving salary from the employing unit, and such leave is certified by a social security agency in the social insurance book.

4. He/she has either the month immediately preceding or the month of termination of the labor contract, working contract, or cessation of employment in which he/she took unpaid leave for 14 working days or more in the month at the employing unit, and such leave is certified by a social security agency in the social insurance book.

5. He/she has either the month immediately preceding or the month of termination of the labor contract, working contract, or cessation of employment in which he/she suspended the performance of the labor contract or working contract for 14 working days or more in the month at the employing unit, and such suspension is certified by a social security agency in the social insurance book.

6. He/she has ceased working for the employing unit that is no longer capable of paying unemployment insurance for employees as prescribed in Clause 2, Article 26 of the Government’s Decree No. 158/2025/ND-CP dated June 25, 2025, detailing a number of articles of the Law on Social Insurance regarding compulsory social insurance.

Chapter II
PARTICIPATION IN UNEMPLOYMENT INSURANCE AND PAYMENT OF UNEMPLOYMENT INSURANCE PREMIUMS

Article 4. Unemployment insurance premium levels

1. Employees shall pay unemployment insurance premiums equal to 1% of their monthly salaries.

2. Employers shall pay unemployment insurance premiums equal to 1% of the total monthly salary funds of the employees currently participating in unemployment insurance.

a) In cases where the employers are agencies, units, or organizations that have their recurrent expenditures fully covered by the state budget, the state budget shall fully cover the unemployment insurance premiums, which shall be included in the annual recurrent expenditure estimates of such agencies, units, or organizations in accordance with regulations on state budget decentralization.

b) In cases where the employers are agencies, units, or organizations that have their recurrent expenditures partially covered by the state budget, the state budget shall cover the unemployment insurance premiums for employees whose salaries are paid from the state budget, and such amounts shall be included in the annual recurrent expenditure estimates of such agencies, units, or organizations in accordance with regulations on state budget decentralization. The remaining unemployment insurance premiums shall be self-covered by the employers in accordance with Points c and d of this Clause.

c) In cases where the employers are enterprises, units, or organizations engaged in production, business, or service activities, the unemployment insurance premiums shall be accounted for as production, business, or service expenses in the period.

d) In cases where the employers are other agencies, units, or organizations, the unemployment insurance premiums shall be paid from the operating budgets of such agencies, units, or organizations in accordance with law.

3. The State shall provide financial support of up to 1% of the total monthly salary fund used as the basis for paying unemployment insurance premiums for employees currently participating in unemployment insurance, and such support shall be covered by the central budget.

a) The state budget shall support the Unemployment Insurance Fund on the principle of ensuring that the Fund's annual balance is equal to two times the total expenditures on unemployment insurance benefits and expenditures on the organization and operation of unemployment insurance in the preceding year, but the maximum support level shall not exceed 1% of the total monthly salary fund used as the basis for paying unemployment insurance premiums for employees currently participating in unemployment insurance.

b) Method of transferring financial support from the state budget to the Unemployment Insurance Fund:

In the fourth quarter of each year, Vietnam Social Security shall, based on the estimated revenues and expenditures for unemployment insurance assigned by the competent authority for the year, determine the amount of financial support for the Unemployment Insurance Fund in accordance with the level specified at Point a of this Clause and send it to the Ministry of Finance for a one-time transfer into the Unemployment Insurance Fund.

Within 10 working days from the date of receipt of the report on the final settlement of revenues and expenditures of the Unemployment Insurance Fund for the previous year, prepared by Vietnam Social Security and approved by the Social Insurance Management Council, the Ministry of Finance shall carry out appraisal and determine the amount of financial support for the Unemployment Insurance Fund for the previous year. In cases where the amount already allocated by the Ministry of Finance exceeds the amount to be supported as prescribed at Point a of this Clause, Vietnam Social Security shall be responsible for refunding the difference to the state budget. In cases where the amount already allocated is less than the amount to be supported, the Ministry of Finance shall report to the competent authority for approval of additional support to be provided in the following year.

The financial source for supporting the Unemployment Insurance Fund as prescribed in this Clause shall be guaranteed by the central budget from the social security expenditure already decided by the National Assembly.

Article 5. Reduction of unemployment insurance premiums to the Unemployment Insurance Fund for employers employing people with disabilities

1. Employers that recruit and employ people with disabilities shall be entitled to a reduction of the unemployment insurance premium rate from 1% to 0% for the portion of premiums payable by the employers for such people with disabilities during their employment period, provided that the support period does not exceed 12 months from the date of recruitment and employment of the people with disabilities.

2. Employers shall register the participation in unemployment insurance for people with disabilities with the social security agency in order to be entitled to the premium reduction as specified in Clause 1 of this Article, and shall enclose a copy of the disability certificate of each employee. 

Article 6. Responsibility for paying unemployment insurance premiums

1. Upon termination of a labor contract, working contract, or cessation of employment, employers shall be responsible for fully paying unemployment insurance premiums for employees in accordance with regulations, in order to promptly settle unemployment insurance benefits for the employees.

2. In cases where employers fail to fully pay unemployment insurance premiums for employees, the employees shall have the right to file lawsuits against the employers with competent courts within 03 months from the date of termination of the labor contract or working contract, to request settlement of entitlements related to unemployment insurance in accordance with law.

Article 7. Bases for payment of unemployment insurance premiums

1. For employees subject to the State-prescribed salary regime, the salaries used as the basis for payment of unemployment insurance premiums shall comply with Point a, Clause 1, Article 34 of the Law on Employment.

2. For employees subject to the salary regime decided by the employers, the salaries used as the basis for payment of unemployment insurance premiums shall be the monthly salaries, including job-based or title-based salaries, salary-based allowances, and other supplementary amounts agreed upon to be paid regularly and stably in each salary payment period. In particular:

a) Job-based or title-based salaries calculated by time (by month) for the job or title according to the salary scale and salary table formulated by the employer in accordance with Article 93 of the Labor Code, as agreed upon in the labor contract.

b) Salary-based allowances to compensate for working conditions, the complexity of the job, living conditions, and the degree of labor attraction that are not yet calculated or not fully calculated in the salary mentioned at Point a of this Clause, as agreed upon in the labor contract; excluding allowances that are dependent on or vary according to work productivity, working process, and job performance quality of the employee.

c) Other supplementary amounts with specific monetary values determined together with the salary prescribed at Point a of this Clause, as agreed upon in the labor contract and paid regularly and stably in each salary payment period; excluding other supplementary amounts that are dependent on or vary according to work productivity, working process, and job performance quality of the employee.

d) In cases where an employee ceases working but still receives a monthly salary equal to or higher than the minimum salary used as the basis for payment of compulsory social insurance premiums in accordance with the Law on Social Insurance, unemployment insurance premiums shall be paid based on the salary received during the work cessation period.

3. For part-time employees who receive a monthly salary equal to or higher than the minimum salary used as the basis for payment of compulsory social insurance premiums as prescribed by the Law on Social Insurance, as referred to at Point b, Clause 1, Article 31 of the Law on Employment, the salaries used as the basis for payment of unemployment insurance premiums shall be the monthly salaries calculated in accordance with the labor contract.

In cases where the labor contract stipulates an hourly salary, the monthly salary shall be calculated by multiplying the hourly salary by the number of working hours in the month as agreed in the labor contract.

In cases where the labor contract stipulates a daily salary, the monthly salary shall be calculated by multiplying the daily salary by the number of working days in the month as agreed in the labor contract.

In cases where the labor contract stipulates a weekly salary, the monthly salary shall be calculated by multiplying the weekly salary by the number of working weeks in the month as agreed in the labor contract.

4. For enterprise managers, controllers, representatives of the state capital portion in enterprises as prescribed by law; members of the Board of Directors, general directors, directors, members of the Supervisory Board or controllers, and other elected managerial positions of cooperatives or unions of cooperatives as prescribed by the Law on Cooperatives who receive salaries as specified at Point d, Clause 1, Article 31 of the Law on Employment, the salaries used as the basis for payment of unemployment insurance premiums shall be the salaries they are entitled to under the law.

5. In cases where the salaries stated in the labor contract and the salaries paid to employees are in foreign currency, the salaries used as the basis for payment of unemployment insurance premiums shall be calculated in Vietnamese dong based on the foreign-currency salaries converted into Vietnamese dong at the average exchange rate of the buying rate by wire transfer between Vietnamese dong and the foreign currency, as announced by a state-owned commercial bank at the end of the day on January 2 for the first six months of the year and on July 1 for the last six months of the year. If these dates fall on a holiday or non-working day, the exchange rate of the next working day shall be applied.

6. Regarding the suspension of unemployment insurance contributions: In cases where employees currently participating in unemployment insurance are temporarily detained or suspended from work for 14 working days or more in a month, both the employees and the employers shall suspend payment of unemployment insurance premiums. If the employees are retroactively paid their full salaries, both the employees and the employers shall make back payments of unemployment insurance premiums for the period of temporary detention or work suspension in an amount corresponding to the suspended contributions, concurrently with the back payment of compulsory social insurance premiums.

Article 8. Period of payment of unemployment insurance premiums

The period of payment of unemployment insurance premiums for which the unemployment allowance has not yet been settled  shall be handled as follows:

1. Reservation of the period of payment of unemployment insurance premiums when an employee is entitled to unemployment allowance but has months of payment of unemployment insurance premiums for which the unemployment allowance has not yet been settled:

If an employee has paid unemployment insurance premiums for more than 36 months up to 144 months, the period of payment of unemployment insurance premiums for which the unemployment allowance has not yet been settled shall be reserved. If an employee has paid unemployment insurance premiums for more than 144 months, the period of payment of unemployment insurance premiums for which the unemployment allowance has not yet been settled shall not be reserved.

2. Reservation of the period of payment of unemployment insurance premiums when an employee has the decision on entitlement to unemployment allowance cancelled:

If an employee has the decision on entitlement to unemployment allowance cancelled in accordance with regulations, the period of payment of unemployment insurance premiums to be reserved shall be the period for which the employee has paid unemployment insurance premiums but has not received any unemployment allowance.

3. Reservation of the period of payment of unemployment insurance premiums when an employee currently receiving unemployment allowance his/her the unemployment allowance terminated

In cases where an employee who has his/her unemployment allowance terminated and falls under the cases eligible for preservation of the unemployment insurance premium payment period as prescribed in Clause 5, Article 41 of the Law on Employment, the period of payment of unemployment insurance premiums to be reserved shall be the period during which he/she paid unemployment insurance premiums but has not yet received any unemployment allowance.

In cases where an employee who is receiving unemployment allowance and employed by entering into a labor contract or a working contract, and has fulfilled the obligation to notify the public employment service organization in accordance with regulations but has not yet submitted a copy of the labor contract or working contract, he/she shall be required to make a written commitment specifying the effective date of the signed contract, the reason for not being able to submit the copy, and shall additionally submit the copy of the labor contract or working contract within 03 working days from the date of receipt of such contract. In cases where the contract is sent by postal service, the submission date shall be determined based on the postmark date.

4. Preservation of the period of unemployment insurance premium payment when an employee fails to collect unemployment allowance

In cases where an employee who fails to collect unemployment allowance and does not submit a written notice to the social security agency within 03 months from the expiration date of the unemployment allowance period as stated in the decision on allowance entitlement, he/she shall be entitled to preservation of the unemployment insurance premium payment period corresponding to the number of months of the unemployment allowance that the employee failed to collect.

5. Preservation of the period of unemployment insurance premium payment when an employee is additionally certified by the social security agency for the period of unemployment insurance premium payment after termination of unemployment allowance.

In cases where an employee has an unemployment insurance premium payment period of 36 months or more used as the basis for settlement of unemployment allowance, the additionally certified period of unemployment insurance premium payment by the social security agency shall be preserved to serve as the basis for calculating unemployment insurance benefits when the employee fully meets the eligibility requirements as prescribed.

In cases where an employee has an unemployment insurance premium payment period of less than 36 months used as the basis for settlement of the most recent unemployment allowance, the additionally certified period of unemployment insurance premium payment by the social security agency shall be preserved according to the following principle:

6. The reserved period shall be calculated as the total period of unemployment insurance premium payment minus the period already used for receiving unemployment allowance, based on the principle that each month of received unemployment allowance corresponds to 12 months of unemployment insurance premium payment, and minus any odd months not yet used for unemployment allowance that are reserved in the decision on unemployment allowance (if any).

7. The social security agency shall, based on the decisions related to the enjoyment of unemployment allowance and the confirmation of additional unemployment insurance premium payment periods, record the reserved period of unemployment insurance premium payment in the social insurance book for the employee.

The entry in the social insurance book for the reserved period of unemployment insurance premium payment and the corresponding salary used as the basis for payment as specified in Clauses 1, 2, 3, and 4 of this Article shall be the period of unemployment insurance premium payment counted from the last month of contribution prior to the enjoyment of unemployment allowance.

The entry in the social insurance book for the reserved period of unemployment insurance premium payment and the corresponding salary used as the basis for payment as specified in Clause 5 of this Article shall be the period of unemployment insurance premium payment counted from the last month of contribution as additionally confirmed by the social security agency.

Chapter III

SUPPORT FOR EMPLOYMENT COUNSELING

AND JOB PLACEMENT

Article 9. Dossiers of application for employment counseling and job placement

1. An employment counseling form made in Form No. 01 of Appendix I promulgated together with the Government’s Decree No. 352/2025/ND-CP dated December 30, 2025, detailing a number of articles of the Law on Employment regarding employment services.

2. Documents certifying the termination of a labor contract or a working contract, or cessation of employment in accordance with Point b, Clause 1, Article 14 of this Decree (applicable to cases of submission of dossiers for employment counseling and job placement for the first time after unemployment).

Article 10. Order and procedures for application for employment counseling and job placement

1. An employee shall fully fill in an employment counseling form made in Form No. 01 of Appendix I promulgated together with Decree No. 352/2025/ND-CP.

2. The employee shall submit 01 dossier as prescribed in Article 9 of this Decree directly to a public employment service organization, or via the National Public Service Portal, or by postal service. In cases where the dossier is submitted via the National Public Service Portal, the National Public Service Portal shall send a notice on the time limit and method of counseling to the employee. Within 03 working days as stated in the written appointment, the employee shall be provided with employment counseling and job placement.

3. The public employment service organization shall receive the dossier for application for employment counseling and job placement and, based on the needs and capacity of the employee and the recruitment needs of the employer, exchange information with and support the employee in making an appropriate job choice, and provide additional information on legal policies to the employee.

4. After the employee has received counseling and has a demand for job placement, the public employment service organization shall send the employee a job placement slip made in Form No. 01 promulgated together with this Decree for the employee to participate in labor recruitment.

In cases where the dossier is submitted via the National Public Service Portal or by postal service and the employee does not directly come to the public employment service organization for counseling, the result in the form of a job placement slip shall be sent via the National Public Service Portal or by postal service so that the employee is informed and may participate in recruitment.

5. The public employment service organization shall be responsible for monitoring recruitment results in order to promptly support the employee, and for aggregating the employee’s job-seeking needs and analyzing and forecasting the labor market so as to provide timely employment counseling and job placement support to the employee participating in unemployment insurance.

Chapter IV

SUPPORT FOR EMPLOYEES TO PARTICIPATE IN TRAINING

 AND IMPROVEMENT OF THEIR OCCUPATIONAL QUALIFICATIONS AND SKILLS

Article 11. Levels of support for training and improvement of occupational qualifications and skills

1. Tuition fee:

a) For employees participating in a training course for improvement of occupational qualifications and skills with a duration of less than 03 months: The level of support shall be calculated based on the tuition fee charged by the vocational education institution but must not exceed VND 4,500,000 per person per training course.

b) For employees participating in a training course for improvement of occupational qualifications and skills with a duration of 03 months or more: The level of support shall be calculated on a monthly basis and based on the tuition fee charged by the vocational education institution but must not exceed VND 1,500,000 per person per month.

2. Meal allowance:

Employees participating in a training course for improvement of occupational qualifications and skills shall be supported with a meal allowance of VND 50,000 per person per actual training day.

3. The duration of support for training and improvement of occupational qualifications and skills shall be determined according to the training duration of the vocational education institution but must not exceed 06 months. In cases where a training course for improvement of occupational qualifications and skills includes odd days not constituting a full month, such odd days shall be calculated according to the following principle: 14 days or fewer shall be counted as a half month, and 15 days or more shall be counted as a month.

4. Methods of provision of support:

a) Funding for tuition fee support for training and improvement of occupational qualifications and skills shall be paid by social security agencies through vocational education institutions;

b) Funding for meal allowance support for employees shall be paid by social security agencies directly to the employees.

5. For training courses for improvement of occupational qualifications and skills with tuition fees higher than the support levels prescribed in Clause 1 of this Article, the excess amount beyond the support level shall be paid by employees.

Article 12. Submission of dossiers for support for employees to participate in training and improvement of their occupational qualifications and skills

1. Dossiers of application for support for training and improvement of occupational qualifications and skills

a) The dossier applicable to an employee who is waiting for the settlement result of entitlement to unemployment allowance or currently receiving unemployment allowance and has a demand for support for training and improvement of occupational qualifications and skills in the locality where he/she is waiting for the settlement result of entitlement to unemployment allowance or currently receiving unemployment allowance shall comprise a request for support for training and improvement of occupational qualifications and skills made in Form No. 02 promulgated together with this Decree.

b) The dossier applicable to an employee who is currently receiving unemployment allowance and has a demand for support for training and improvement of occupational qualifications and skills in a locality other than the locality where he/she is receiving unemployment allowance shall comprise: a request for support for training and improvement of occupational qualifications and skills as prescribed at Point a of this Clause; and the original, or a certified true copy, or the original enclosed with a copy for comparison, or an electronic copy of the decision on entitlement to unemployment allowance.

c) The dossier applicable to an employee who does not fall into the cases prescribed at Points a and b of this Clause shall comprise: a request for support for training and improvement of occupational qualifications and skills as prescribed at Point a, Clause 1 of this Article; the original, or a certified true copy, or the original enclosed with a copy for comparison, or an electronic copy of one of the documents certifying the termination of a labor contract or a working contract, or cessation of employment in accordance with Point b, Clause 1, Article 14 of this Decree; and the social insurance book.

2. Submission of dossiers for support for employees to participate in training and improvement of their occupational qualifications and skills

a) An employee shall submit 01 dossier in person to a public employment service organization or via the National Public Service Portal. In the case of in-person submission, the dossier shall be as prescribed in Clause 1 of this Article. In cases where the employee submits the dossier via the National Public Service Portal, the dossier shall comprise a scanned copy of the original, or a scanned copy of a certified true copy, or an electronic copy of one of the documents certifying the termination of a labor contract or a working contract, or cessation of employment in accordance with Point b, Clause 1, Article 14 of this Decree.

b) An employee may authorize another person to submit a dossier or send a dossier by postal service if falling into one of the following cases: sickness or maternity, with certification by a competent medical establishment; traffic accident, with certification by the traffic police or a competent medical establishment; fire, flood, earthquake, tsunami, enemy-inflicted disaster, or epidemic, with certification by Chairpersons of commune-level People’s Committees.

In cases where the employee submits the dossier by postal service, the dossier shall be as prescribed in Clause 1 of this Article. The date of dossier submission in the above cases shall be the date on which the authorized person directly submits the dossier, or the postmark date in the case of submission by postal service.

3. Time limit for dossier submission:

a) For the employees prescribed in Clause 1, Article 37 of the Law on Employment, the time limit shall be during the period of enjoyment of unemployment allowance.

b) For the employees prescribed in Clause 2, Article 37 of the Law on Employment, the time limit shall be within 12 months from the date of termination of labor contracts or working contracts, or cessation of employment applicable to the subjects prescribed at Point d, Clause 1, Article 31 of the Law on Employment.

Article 13. Order and procedures for support for training and improvement of occupational qualifications and skills

1. An employee who fully satisfies the conditions prescribed in Clauses 1 and 2, Article 37 of the Law on Employment shall be supported with the tuition fee once for one course for training and improvement of occupational qualifications and skills at a vocational education center, intermediate school, college, higher education institution having registered activities of vocational education at the college level, or an enterprise having registered activities of vocational education at the elementary level (hereinafter referred to as a vocational education institution).

2. A public employment service organization shall receive and examine the dossier and schedule the return of results of settlement of support for training and improvement of occupational qualifications and skills. The public employment service organization shall return the results to the employee within 03 working days as stated in the written appointment for return of results made in Form No. 04 promulgated together with this Decree, and shall deliver the results in person to the dossier submitter in the case of in-person submission, or send the results by postal service in the case of submission by postal service. In cases where the employee submits the dossier via the National Public Service Portal, the National Public Service Portal shall send a notice of the appointment for return of results within 03 working days to the employee.

3. Within 15 working days from the date of receipt of a complete dossier of application for support for training and improvement of occupational qualifications and skills, a public employment service organization shall be responsible for specifically determining the occupation, training duration, level of support, and vocational education institution, and submitting them to the Director of the provincial-level Department of Home Affairs for decision on support for training and improvement of occupational qualifications and skills for the employee. In cases where the dossier lacks sufficient information as a basis for settlement, the public employment service organization shall request the employee to supplement and complete the dossier, using the request form made in Form No. 03 promulgated together with this Decree.

The time of commencement of participation by an employee in training and improvement of occupational qualifications and skills shall be the time after the issuance of the decision on support for training and improvement of occupational qualifications and skills but must not exceed 03 months from the date of issuance of such decision for the cases not currently receiving unemployment allowance, and must not exceed 03 months from the date of expiry of the period of enjoyment of unemployment allowance as stated in the decision on entitlement to unemployment allowance for the cases currently receiving unemployment allowance.

In cases where an employee has a demand to participate in a course for training  and improvement of occupational qualifications and skills that is being conducted by a vocational education institution, the employee shall still be supported to participate in such training course if the commencement date of the training course, calculated up to the date of issuance of the decision on support for training and improvement of occupational qualifications and skills, does not exceed 01 month, and the vocational education institution ensures full supplementary teaching of knowledge for the period prior to the employee’s participation in the training course. The time from which support for training and improvement of occupational qualifications and skills is calculated for the employee shall be the first day of the vocational training course, and the end time shall be the last day of the support period for training and improvement of occupational qualifications and skills.

The decision on support for training and improvement of occupational qualifications and skills, made in Form No. 05 promulgated together with this Decree, shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency for payment to the vocational education institution; 01 copy to the vocational education institution for provision of vocational training to the employee; 01 copy to the employee; 01 copy to the provincial-level Department of Home Affairs; and 01 copy to the public employment service organization where the employee is receiving unemployment allowance (for the case where the employee is supported for training and improvement of occupational qualifications and skills in a locality other than the locality where he/she is receiving unemployment allowance).

For a dossier submitted via the National Public Service Portal, the decision on support for training and improvement of occupational qualifications and skills shall be sent as follows: 01 copy to the vocational education institution for provision of vocational training to the employee; 01 copy to the employee; 01 copy to the provincial-level Department of Home Affairs; 01 copy to the public employment service organization where the employee is receiving unemployment allowance (for the case where the employee is supported for training and improvement of occupational qualifications and skills in a locality other than the locality where he/she is receiving unemployment allowance); and 01 copy to the provincial-level social security agency via the National Public Service Portal.

In cases where an employee is not supported for training and improvement of occupational qualifications and skills, the public employment service organization shall issue a written reply, made in Form No. 06 promulgated together with this Decree, clearly stating the reasons.

In cases where an employee has been issued with a decision on support for training and improvement of occupational qualifications and skills but has not yet participated in the training course, or is participating in a training course but has his/her unemployment allowance terminated, he/she shall still be supported for training and improvement of occupational qualifications and skills in accordance with the decision of the Director of the provincial-level Department of Home Affairs.

4. For an employee prescribed in Clause 2, Article 37 of the Law on Employment, within 10 working days from the date of receipt of a complete dossier, if the employee has no demand for receipt of support for training and improvement of occupational qualifications and skills, he/she shall submit a request for non-receipt of support, made in Form No. 07 promulgated together with this Decree, in person to a public employment service organization or via the National Public Service Portal.

5. In cases where an employee submits a dossier in person, after the time limit stated in the written appointment for return of results, if the employee does not come to receive the decision on support for training and improvement of occupational qualifications and skills, he/she shall be deemed to have no demand for support. The public employment service organization shall submit it to the Director of the provincial-level Department of Home Affairs for decision on cancellation of the decision on support for training and improvement of occupational qualifications and skills for the employee, made in Form No. 08 promulgated together with this Decree.

The decision on cancellation of the decision on support for training and improvement of occupational qualifications and skills shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency so as not to carry out payment of support funds for training and improvement of occupational qualifications and skills to the vocational education institution; 01 copy to the vocational education institution so as not to carry out vocational training for the employee; 01 copy to the employee; 01 copy to the provincial-level Department of Home Affairs; and 01 copy to the public employment service organization where the employee is receiving unemployment allowance (for the case where the employee is supported for training and improvement of occupational qualifications and skills in a locality other than the locality where he/she is receiving unemployment allowance).

In cases where the employee does not come to receive the social insurance book, within 30 days, the public employment service organization shall transfer the employee’s social insurance book to the provincial-level social security agency for management.

6. Within 05 working days from the last study day of a study month or the end date of the training course, the vocational education institution shall be responsible for making a list and sending it to the social security agency for payment of support funds for employees’ participation in training and improvement of their occupational qualifications and skills.

7. Within 05 working days from the date of receipt of the list provided by the vocational education institution, the social security agency shall make payment of tuition fees to the vocational education institution and payment of meal allowances to the employee.

8. The order and procedures for payment of support for employees’ participation in training and improvement of their occupational qualifications and skills shall be prescribed by Vietnam Social Security. The payment of tuition fee support shall comply with the principle of monthly payment, provided that the employee studies at least 01 day in that month; the meal allowance shall be supported on a monthly basis based on the actual study days.

Chapter V

UNEMPLOYMENT ALLOWANCE

Article 14. Submission of dossiers of application for unemployment allowance

1. A dossier of application for unemployment allowance shall comprise:

a) A written request for unemployment allowance made in Form No. 10 promulgated together with this Decree.

b) The original, or a certified true copy, or the original enclosed with a copy for comparison, or an electronic copy of one of the following documents certifying termination of a labor contract or a working contract, or cessation of employment: expired labor contracts or working contracts, or labor contracts or working contracts upon completion of work stated therein; decisions on resignation; decisions on dismissal; disciplinary decisions on forced resignation; notices of termination or agreements on termination of labor contracts or working contracts; certifications issued by employers containing specific information on employees, types of labor contracts entered into, and reasons and time of termination of labor contracts applicable to employees; certifications issued by competent state agencies of dissolution or bankruptcy of enterprises or cooperatives, or decisions on removal from office, relief from duty, or dismissal with respect to appointed positions in cases where employees are enterprise managers or cooperative managers. In cases where employees do not have documents certifying termination of labor contracts or working contracts because employing units have no legal representatives and no persons authorized by legal representatives, the following procedures shall be applied:

Employees of employing units having no legal representatives and no persons authorized by legal representatives, who wish to terminate labor contracts or working contracts in order to enjoy unemployment insurance regimes, shall request provincial-level Departments of Home Affairs to carry out procedures for certification of termination of labor contracts or working contracts.

Provincial-level Departments of Home Affairs shall send written requests to provincial-level Departments of Finance to certify that employing units have no legal representatives or no persons authorized by legal representatives within 03 working days from the date of receipt of employees’ requests.

Provincial-level Departments of Finance shall be responsible for coordinating with tax offices, police authorities, and local authorities of places where employing units have head offices to verify that employing units have no legal representatives or no persons authorized by legal representatives.

Provincial-level Departments of Finance shall send written replies to provincial-level Departments of Home Affairs on status of employing units having no legal representatives or no persons authorized by legal representatives within 10 working days from the date of receipt of a written request for certification from provincial-level Departments of Home Affairs.

In cases where employees work under fixed-term labor contracts with a term of full 01 month to under 12 months, documents certifying termination of labor contracts shall be originals or certified true copies of such contracts.

c) Social insurance books.

Social security agencies shall certify payment of unemployment insurance and return social insurance books to employees within 05 working days from the date of receipt of request from employers.

For employers being agencies, units, or enterprises under the Ministry of National Defense or the Ministry of Public Security, within 30 days from the date of receipt of request from employers, the Social Security of the Ministry of National Defense or Social Security of the People’s Public Security shall certify payment of unemployment insurance and return social insurance books to employees.

2. Submission of dossiers of application for unemployment allowance

a) Within 03 months from the date of termination of a labor contract or a working contract, or cessation of employment, or from the date of certification by a competent authority in cases where an employer is unable to pay unemployment insurance premiums in accordance with Clause 6, Article 3 of this Decree, an employee who is unemployed and has a demand for unemployment allowance shall submit, in person or via the National Public Service Portal, 01 dossier of application for unemployment allowance to a public employment service organization in the locality where the employee wishes to receive unemployment allowance.

In cases where the employee submits the dossier via the National Public Service Portal, the dossier shall comprise a scanned copy of the original, or a scanned copy of a certified true copy, or an electronic copy of one of the documents certifying termination of a labor contract or a working contract. A dossier of application for unemployment allowance submitted in person shall comply with the provisions of Clause 1 of this Article.

b) An employee may authorize another person to submit the dossier or send the dossier by postal service if falling into one of the following cases: sickness or maternity, with certification by a competent medical establishment; accident, with certification by traffic police or a competent medical establishment; fire, flood, earthquake, tsunami, enemy-inflicted disaster, or epidemic, with certification by the Chairperson of the commune-level People’s Committee.

The date of submission of the dossier of application for unemployment allowance in the above cases shall be the date on which the authorized person submits the dossier in person, or the postmark date in the case of submission by postal service.

c) A public employment service organization shall be responsible for receiving and examining the dossier and scheduling the return of results of settlement of unemployment allowance. The public employment service organization shall return the results to the employee within 03 working days as stated in the written appointment for return of results made in Form No. 04 promulgated together with this Decree, and shall deliver the results in person to the dossier submitter in the case of in-person submission, or send the result by postal service in the case of submission by postal service. In cases where an employee submits the dossier via the National Public Service Portal, the National Public Service Portal shall send a notice of appointment for return of results within 03 working days to the employee.

3. Within 10 working days from the date of submission of a dossier of application for unemployment allowance, if an employee has no demand for unemployment allowance, the employee shall submit, in person or via the National Public Service Portal, a request for non-enjoyment of unemployment allowance made in Form No. 11 promulgated together with this Decree to the public employment service organization where the dossier of application for unemployment allowance was submitted.

In cases where the employee submits the dossier in person, the public employment service organization shall be responsible for returning the dossier of application for unemployment allowance to the employee on the result return date stated in the written appointment for return of results.

Article 15. Level and month of enjoyment of unemployment allowance

1. The monthly unemployment allowance of an employee shall be determined as follows:

In cases where, during the final months before unemployment, the employee has interruptions in the payment of unemployment insurance premiums, the 06 consecutive months used as a basis for calculating the monthly unemployment allowance shall be the average salary of the 06 months during which unemployment insurance premiums were paid prior to the employee’s termination of the labor contract or the working contract, or cessation of employment in accordance with law.

The monthly unemployment allowance of an employee shall not exceed 05 times the regional minimum salary on which unemployment insurance premiums were paid in accordance with the Labor Code at the time of termination of the labor contract.

2. The month of enjoyment of unemployment allowance shall be calculated by calendar month. Each month of enjoyment of unemployment allowance shall be calculated from the date on which the employee begins to receive unemployment allowance to the day preceding the corresponding date of the following month. In cases where the following month does not have the corresponding date, the end date of the month of enjoyment of unemployment allowance shall be the last day of that month.

Article 16. Order and procedures for enjoyment of unemployment allowance

1. Within 15 working days from the date of receipt of a complete dossier of application for unemployment allowance in accordance with regulations, a public employment service organization shall be responsible for examining the dossier and submitting it to the Director of the provincial-level Department of Home Affairs for decision on an employee’s enjoyment of unemployment allowance. In cases where the dossier is sent by postal service, the date of receipt of the dossier shall be the arrival date indicated on the postmark. In cases where the dossier lacks sufficient information as a basis for settlement, the public employment service organization shall request the employee to supplement and complete the dossier, using the request form made in Form No. 03 promulgated together with this Decree.

The decision on enjoyment of unemployment allowance shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency where the employee is receiving unemployment allowance for payment of unemployment allowance and issuance of a health insurance card to the employee; and 01 copy to the employee entitled to unemployment allowance. In cases where the employee submits the dossier via the National Public Service Portal, the decision on enjoyment of unemployment allowance shall be sent 01 copy to the employee and 01 copy to the provincial-level social security agency via the National Public Service Portal.

The decision on enjoyment of unemployment allowance shall be made in Form No. 12 promulgated together with this Decree.

In cases where the employee is not entitled to unemployment allowance, the public employment service organization shall notify the employee in writing, clearly stating the reasons. For cases where the employee submits the dossier online, such written notice shall be sent via the National Public Service Portal.

2. Payment of unemployment allowance

Social security agencies shall carry out payment of unemployment allowance to an employee within 05 working days from the date on which he/she expires the time limit for receipt of the decision on enjoyment of unemployment allowance, or the time limit for monthly employment seeking notification.

3. In cases where an employee submits the dossier in person, after 03 working days from the date stated in the written appointment for return of results, if the employee does not come to receive the decision on enjoyment of unemployment allowance, he/she shall be deemed to have no demand for unemployment allowance.

Within 02 working days from the date of expiry of the time limit for receipt of the decision on enjoyment of unemployment allowance, the public employment service organization shall inform the social security agency of cases where employees do not come to receive the decision so as to suspend payment in accordance with regulations.

Within 07 working days from the date on which an employee fails to come to receive the decision on enjoyment of unemployment allowance in accordance with regulations, the public employment service organization shall submit it to the Director of the provincial-level Department of Home Affairs for decision on cancellation of the decision on enjoyment of unemployment allowance of the employee.

The decision on cancellation of the decision on enjoyment of unemployment allowance shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency so as not to make payment of unemployment allowance to the employee; and 01 copy to the employee. The decision on cancellation of the decision on enjoyment of unemployment allowance shall be made in Form No. 08 promulgated together with this Decree.

4. After a period of 03 months from the date on which an employee expires the period of enjoyment of unemployment allowance in accordance with the decision on enjoyment of unemployment allowance, if the employee does not come to receive unemployment allowance payments and does not notify in writing the social security agency where he/she is receiving unemployment allowance, such employee shall be determined as having no demand for unemployment allowance.

Within 07 working days after the above-mentioned period, the social security agency shall notify the public employment service organization where the employee is receiving unemployment allowance of the fact that the employee does not come to receive unemployment allowance payments. The notification of an employee’s failure to come to receive unemployment allowance payments shall be made in Form No. 13 promulgated together with this Decree.

Within 10 working days from the date of receipt of the notification from the social security agency, the public employment service organization shall be responsible for examining and submitting it to the Director of the provincial-level Department of Home Affairs for decision on reservation of the period of payment of unemployment insurance premiums for the employee.

The decision on reservation of the period of payment of unemployment insurance premiums shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency for implementation of reservation of the period of payment of unemployment insurance premiums for the employee; and 01 copy to the employee. In cases where the employee submits the dossier via the National Public Service Portal, the decision on reservation of the period of payment of unemployment insurance premiums shall be sent 01 copy to the provincial-level social security agency and 01 copy to the employee via the National Public Service Portal.

The decision on reservation of the period of payment of unemployment insurance premiums shall be made in Form No. 14 promulgated together with this Decree.

For a dossier submitted via the National Public Service Portal, the decision on reservation of the period of payment of unemployment insurance premiums shall be sent 01 copy to the employee and 01 copy to the provincial-level social security agency via the National Public Service Portal.

5. The order, procedures, and forms of payment of unemployment allowance shall be implemented in accordance with the guidance of Vietnam Social Security.

Article 17. Suspension of enjoyment of unemployment allowance

Within 02 working days from the date on which an employee fails to notify his/her employment seeking on a monthly basis in accordance with regulations, the public employment service organization where the employee is receiving unemployment allowance shall submit it to the Director of the provincial-level Department of Home Affairs for decision on suspension of enjoyment of unemployment allowance of the employee.

The decision on suspension of enjoyment of unemployment allowance shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency for implementation of suspension of payment of unemployment allowance for the employee; and 01 copy to the employee. In cases where the employee submits the dossier via the National Public Service Portal, the decision on suspension of enjoyment of unemployment allowance shall be sent 01 copy to the employee and 01 copy to the provincial-level social security agency via the National Public Service Portal.

The decision on suspension of enjoyment of unemployment allowance shall be made in Form No. 15 promulgated together with this Decree.

Article 18. Resumption of enjoyment of unemployment allowance

For an employee subject to suspension of enjoyment of unemployment allowance, if he/she still has a remaining period of enjoyment of unemployment allowance and continues to notify his/her employment seeking on a monthly basis in accordance with regulations, within 02 working days from the date on which the employee comes to notify his/her employment seeking, the public employment service organization shall submit it to the Director of the provincial-level Department of Home Affairs for decision on resumption of enjoyment of unemployment allowance for the employee.

The decision on resumption of enjoyment of unemployment allowance shall be sent by the public employment service organization as follows: 01 copy to the grassroots-level social security agency for implementation of continued payment of unemployment allowance to the employee; and 01 copy to the employee. In cases where the employee submits the dossier via the National Public Service Portal, the decision on resumption of enjoyment of unemployment allowance shall be sent 01 copy to the employee and 01 copy to the provincial-level social security agency via the National Public Service Portal.

The decision on resumption of enjoyment of unemployment allowance shall be made in Form No. 16 promulgated together with this Decree.

Article 19. Termination of enjoyment of unemployment allowance

1. An employee currently on unemployment allowance shall have his/her enjoyment of unemployment allowance terminated in one of the following cases:

a) He/she is employed and obliged to participate in compulsory social insurance in accordance with the Law on Social Insurance.

An employee is determined as being employed in one of the following cases: having entered into a working contract or a labor contract, including cases where the employee and the employer agree on a different title but the contents indicate paid employment with remuneration or salaries for a term of 01 month or more. The date on which the employee is determined as being employed shall be the effective date of the working contract or the labor contract in accordance with law; having a decision on recruitment or appointment in cases not falling into the cases of entering into a labor contract or a working contract. The date on which the employee is determined as being employed in this case shall be the date of recruitment or appointment stated in the decision on recruitment or appointment; having a certificate of household business registration in cases where the employee is a household business owner, or having a certificate of enterprise registration in cases where the employee is an enterprise owner. The date on which the employee is determined as being employed shall be the date on which the employee notifies the public employment service organization of the commencement of business operations of the household business or enterprise; working overseas under a contract. The date on which the employee is determined as working overseas under a contract shall be the date of exit in accordance with the law on exit and entry.

b) He/she performs military service or service in the People’s Public Security forces or standing militia.

The date on which the employee is determined as performing military service, service in the People’s Public Security forces, or standing militia service shall be the date of enlistment.

c) He/she receives monthly pension.

The date on which the employee is determined as receiving monthly pension shall be the first day of pension enjoyment stated in the document of the social security agency on monthly pension receipt of the employee.

d) He/she has twice refused without a plausible reason to take up the job placed by the public employment service organization in the locality where he/she currently receives unemployment allowance

An employee currently receiving unemployment allowance who has refused to take up a job in one of the following cases shall be determined as having no plausible reason: the employee is placed by the public employment service organization to a job suitable to the occupation, trade, or training level, or a job previously performed by the employee as recorded in the employment counseling and job placement slip, but fails to come to participate in labor recruitment; or the employee has participated in labor recruitment as placed by the public employment service organization in the locality where he/she is receiving unemployment allowance and is recruited by the employer but fails to take up the recruited job, except where such job does not conform to the employer’s recruitment notice.

The date on which the employee is determined to have his/her enjoyment of unemployment allowance terminated shall be the date of the second occurrence on which the employee falls into one of the above cases.

dd) During the period of enjoyment of unemployment allowance, he/she fails to notify his/her employment seeking on a monthly basis for 03 consecutive months to the public employment service organization in accordance with regulations.

The date on which the employee is determined to have his/her enjoyment of unemployment allowance terminated shall be the end date of the employment-seeking notification period of the third consecutive month during which the employee fails to carry out the monthly notification of employment seeking.

e) He/she goes abroad for settlement

The date on which the employee is determined as going abroad for settlement shall be the date of exit in accordance with the law on exit and entry.

g) He/she attends a study course longer than 12 months

The date on which the employee is determined as attending a study course longer than 12 months shall be the date of enrollment stated in the notice of admission.

h) He/she is administratively sanctioned for a violation of the law on unemployment insurance

The date on which the employee is determined as being administratively sanctioned for the above violation shall be the date on which the sanction is imposed in accordance with the decision of the competent authority.

i) He/she dies

The date on which the employee’s death is determined shall be the date stated in the death certificate.

k) He/she serves a decision on application of the measure of consignment to a reform school, a compulsory education institution, or a compulsory drug rehabilitation facility

The date on which the employee is determined as serving a decision on application of the above administrative handling measure shall be the date of commencement of implementation of the measure stated in the decision of the competent authority.

l) He/she is declared missing by a court

The date on which the employee is determined as missing shall be the date stated in the court decision.

m) He/she is temporarily detained or serves an imprisonment sentence

The date on which the employee is determined as being temporarily detained or serving an imprisonment sentence shall be the date of commencement of implementation of the decision on temporary detention or imprisonment of the competent authority.

n) He/she so wishes

The date on which the employee is determined to have his/her enjoyment of unemployment allowance terminated shall be the date on which the employee submits a request to the public employment service organization.

2. Within 03 working days from the date on which an employee falls into the cases prescribed in Clause 5 Article 41 of the Law on Employment and Point c Clause 1 of this Article, the employee shall notify, in person or via the National Public Service Portal, the public employment service organization where he/she is receiving unemployment allowance, and enclose copies of documents relevant to the termination of enjoyment of unemployment allowance.

The employee shall carry out the notification of termination of enjoyment of unemployment allowance, made in Form No. 17 promulgated together with this Decree.

3. In cases where an employee currently receiving unemployment allowance has his/her enjoyment of unemployment allowance terminated, the public employment service organization where the employee is receiving unemployment allowance shall submit it to the Director of the provincial-level Department of Home Affairs for decision on termination of enjoyment of unemployment allowance of the employee.

The decision on termination of enjoyment of unemployment allowance shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency for implementation of termination of enjoyment of unemployment allowance for the employee; and 01 copy to the employee. In cases where the employee submits the dossier via the National Public Service Portal, the decision on termination of enjoyment of unemployment allowance shall be sent 01 copy to the employee and 01 copy to the provincial-level social security agency via the National Public Service Portal.

The decision on termination of enjoyment of unemployment allowance shall be made in Form No. 18 promulgated together with this Decree.

4. In cases where an employee currently receiving unemployment allowance has his/her enjoyment of unemployment allowance terminated on any day of a month during which he/she is receiving unemployment allowance, the employee shall still be entitled to unemployment allowance for the whole of that month.

5. An employee who has his/her enjoyment of unemployment allowance terminated in the cases prescribed in Clause 5, Article 41 of the Law on Employment, if failing to carry out the notification in accordance with Clause 2 of this Article, shall not be entitled to reservation of the period of payment of unemployment insurance premiums.

Article 20. Change of place of enjoyment of unemployment allowance

1. An employee who has received unemployment allowance for at least 01 month in accordance with regulations and wishes to change the place of enjoyment of unemployment allowance to another province or centrally run city shall submit, in person or via the National Public Service Portal, a request for change of place of enjoyment of unemployment allowance made in Form No. 19 promulgated together with this Decree, to the public employment service organization where he/she is currently enjoying unemployment allowance.

2. Within 03 working days from the date of receipt of the employee’s request, the public employment service organization shall be responsible for sending a notice of change of place of enjoyment of unemployment allowance to the provincial-level social security agency for suspension of payment of unemployment allowance, made in Form No. 20 promulgated together with this Decree; and, at the same time, sending a letter of introduction made in Form No. 21 promulgated together with this Decree, together with the dossier for change of place of enjoyment of unemployment allowance, to the public employment service organization of the locality to which the employee moves.

A dossier for change of place of enjoyment of unemployment allowance shall comprise:

a) The employee’s request for change of place of enjoyment of unemployment allowance;

b) The letter of introduction for change of place of enjoyment of unemployment allowance;

c) A copy of the decision on enjoyment of unemployment allowance;

d) Copies of decisions on support for vocational training, decisions on suspension of enjoyment of unemployment allowance, and decisions on resumption of enjoyment of unemployment allowance (if any);

dd) Copies of monthly employment-seeking notifications (if any), and other documents contained in the dossier for enjoyment of unemployment allowance.

3. Within 03 working days from the date of receipt of a dossier for change of place of enjoyment of unemployment allowance transferred by an employee, the public employment service organization of the locality to which the employee moves shall send a written request to the provincial-level social security agency of such locality for continuation of payment of unemployment allowance and issuance of a health insurance card to the employee. The written request to the provincial-level social security agency shall be made in Form No. 22 promulgated together with this Decree.

4. In cases where an employee has received a dossier for change of place of enjoyment of unemployment allowance but has not yet submitted it to the public employment service organization of the locality to which he/she moves and no longer has a demand for change of place of enjoyment of unemployment allowance, the employee shall return the letter of introduction for change of place of enjoyment of unemployment allowance to the public employment service organization of the locality from which he/she moves. Within 03 working days from the date of receipt of the returned letter of introduction for change of place of enjoyment of unemployment allowance, the public employment service organization shall send a written request to the provincial-level social security agency for continuation of payment of unemployment allowance and issuance of a health insurance card to the employee.

5. In cases where an employee no longer has a demand for change of place of enjoyment of unemployment allowance, the employee shall submit a request for withdrawal of the dossier for change of place of enjoyment of unemployment allowance to the public employment service organization of the locality from which he/she moves, made in Form No. 23 promulgated together with this Decree.

Within 03 working days from the date of receipt of the employee’s request for withdrawal of the dossier for change of place of enjoyment of unemployment allowance, the public employment service organization of the locality to which the employee moves shall send a letter of introduction made in Form No. 21 promulgated together with this Decree, together with the dossier for change of place of enjoyment of unemployment allowance, to the public employment service organization of the locality from which the employee moves.

6. The social security agency of the locality where the employee moves to enjoy unemployment allowance shall pay unemployment allowance and issue a health insurance card to the employee in accordance with law.

Article 21. Notification of employment seeking

1. During the period of enjoyment of unemployment allowance, on a monthly basis, an employee shall notify in person or via the National Public Service Portal his/her employment seeking to the public employment service organization where he/she is enjoying unemployment allowance, using Form No. 24 promulgated together with this Decree.

2. The date of monthly notification of employment seeking by the employee shall be specifically recorded in the appendix to the decision on enjoyment of unemployment allowance of the employee, as follows:

a) The date of monthly notification of employment seeking for the first month of enjoyment of unemployment allowance shall fall within 03 working days during which the employee is returned the result of settlement of enjoyment of unemployment allowance;

b) From the second month of enjoyment of unemployment allowance onward, the date of monthly notification of employment seeking shall fall within 03 working days from the first day of the month of enjoyment of unemployment allowance.

In cases where the period for notification of employment seeking falls within a period during which the employee is affected by fire, flood, earthquake, tsunami, enemy-inflicted disasters, or epidemics and is unable to notify employment seeking, the public employment service organization shall consider and submit it to the Director of the provincial-level Department of Home Affairs for decision on adjustment of the monthly notification date of employment seeking in order to ensure the employee’s rights and interests.

3. In cases where the date of notification of employment seeking of an employee falls within the period of change of place of enjoyment of unemployment allowance, the employee shall carry out monthly notification of employment seeking with the public employment service organization of the locality to which he/she moves.

4. An employee currently enjoying unemployment allowance shall be deemed to have made monthly notification of employment seeking when he/she has fully and correctly filled in all contents in the monthly notification of employment seeking and shall take responsibility for the contents of such notification.

5. Within 02 working days from the date of expiry of the monthly employment-seeking notification period of the employee, the public employment service organization shall inform the social security agency of cases of failure to notify employment seeking on a monthly basis in order to suspend payment of unemployment allowance in accordance with regulations.

Chapter VI

SUPPORT FOR EMPLOYERS TO PROVIDE TRAINING AND FURTHER TRAINING FOR IMPROVEMENT OF OCCUPATIONAL QUALIFICATIONS AND SKILLS FOR EMPLOYMENT MAINTENANCE FOR EMPLOYEES

Article 22. Subjects and conditions for support for employers to provide training and further training for improvement of occupational qualifications and skills for employment maintenance for employees

1. The employers specified in Clause 3, Article 31 of the Law on Employment, who have to reduce or are at risk of reducing employees participating in unemployment insurance, at a level of 30% or more, or from 30 employees or more for those employing fewer than 200 employees; from 50 employees or more for those employing from 200 to 1,000 employees; or from 100 employees or more for those employing more than 1,000 employees, and fall into one of the following cases:

a) Structural or technological change in accordance with the Labor Code;

b) Economic reasons in accordance with the Labor Code, with certification by Chairpersons of commune-level People’s Committees;

c) Head offices, or the location of branches or representative offices, or production or business establishments are located in an area affected by natural disasters, fire, enemy-inflicted disasters, or dangerous epidemics, or suffers damage to physical facilities, equipment, machinery, or workshops caused by natural disasters, fire, enemy-inflicted disasters, or dangerous epidemics, with certification by Chairpersons of commune-level People’s Committees;

d) Implementation of a decision of a competent state agency on relocation or narrowing of the production or business location.

2. The employers specified in Clause 1 of this Article shall be entitled to support once when fully satisfying the following conditions:

a) Having fully paid unemployment insurance premiums in accordance with Clause 2, Article 33 of the Law on Employment for 12 months or more within 24 months, calculated up to the month immediately preceding the month of submission of the request for support, or up to the month of the date of submission of the request for support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, provided that the employer has paid unemployment insurance premiums for that month.

b) Having plans for training and further training for improvement of occupational qualifications and skills, and plans for employment maintenance for employees in accordance with the occupations or trades for which training and further training for improvement of occupational qualifications and skills are provided, with a minimum duration of 12 months, made in Form No. 25 promulgated together with this Decree.

Article 23. Levels and duration of support for employers to provide training and further training for improvement of occupational qualifications and skills for employment maintenance for employees

1. The level of support shall be calculated on a monthly basis and in accordance with the tuition fee charged by vocational training institutions, but must not exceed VND 1,000,000 per employee per month.

2. The duration of support for training and further training for improvement of occupational qualifications and skills shall be determined based on the training duration of vocational training institutions, but must not exceed 06 months.

In cases where an employee participating in a training or further training course for improvement of occupational qualifications and skills has odd days not constituting a full month, such days shall be calculated according to the following principle: less than 15 days shall be counted as a half month, and 15 days or more shall be counted as a month, for the purpose of determining the level of support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees.

3. In cases where an employee participating in a training or further training course for improvement of occupational qualifications and skills terminates a labor contract or a working contract in the cases prescribed in Clauses 1, 2, 3 and 4, Article 25 of this Decree, the training period of the month in which the employee terminates the labor contract or the working contract, or the month immediately preceding the month in which the employee terminates the labor contract or the working contract, shall be counted for settlement of support funding, in accordance with the following principles:

a) In cases where the employee’s last day of study prior to termination of the labor contract or the working contract does not fall within a month of the training or further training course that has odd days as specified in Clause 2 of this Article, if the employee studies for at least 01 day in that month, such month shall be counted as a month.

b) In cases where the employee’s last day of study prior to termination of the labor contract or the working contract falls within a month of the training or further training course that has odd days as specified in Clause 2 of this Article, such period shall be calculated according to the following principle: less than 15 days shall be counted as a half month, and 15 days or more shall be counted as a full month.

4. In cases where a training or further training course for improvement of occupational qualifications and skills has costs higher than the level of support prescribed in Clause 1 of this Article, the portion exceeding the support level shall be paid by the employer.

Article 24. Dossiers for support for employers to provide training and further training for improvement of occupational qualifications and skills for employment maintenance for employees

1. A written request for support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, made in Form No. 26 promulgated together with this Decree.

2. The original, or a certified true copy, or a copy enclosed with the original for comparison, or an electronic copy of one of the following documents certifying that the employer falls into the subjects eligible for support prescribed in Clause 1, Article 22 of this Decree, specifically:

a) A document of the employer on structural or technological change.

b) A written certification issued by the Chairperson of the commune-level People’s Committee of the locality where the employer has its head office, or where its branch, representative office, or production or business establishment is located, confirming that the employer is affected due to economic reasons.

c) A written certification issued by the Chairperson of the commune-level People’s Committee of the locality where the employer has its head office, or where its branch, representative office, or production or business establishment is located, confirming that such location lies in an area affected by natural disasters, fire, enemy-inflicted disasters, or dangerous epidemics, or suffers damage to physical facilities, equipment, machinery, or workshops caused by natural disasters, fire, enemy-inflicted disasters, or dangerous epidemics.

d) A decision of a competent state agency on relocation or narrowing of the production or business location.

3. The plan for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees as prescribed at Point b, Clause 2, Article 22 of this Decree.

4. A written certification issued by the social security agency where the employer pays unemployment insurance premiums for employees in accordance with Point a, Clause 2, Article 22 of this Decree.

Article 25. Responsibilities for organizing training and further training for improvement of occupational qualifications and skills for employment maintenance for employees

An employer shall be responsible for organizing training and further training for improvement of occupational qualifications and skills and employing employees in accordance with the approved plan under the decision on support of the Director of the provincial-level Department of Home Affairs. If, after being provided with training and further training for improvement of occupational qualifications and skills, an employee is not arranged and maintained in employment in accordance with the approved plan, or in cases where an employee participating in a training or further training course for improvement of occupational qualifications and skills terminates a labor contract or a working contract, the employer shall be required to refund the entire amount of support funding for training and further training for improvement of occupational qualifications and skills in respect of such employee, except for the following cases:

1. The employer is entitled to unilaterally terminate a labor contract with the employee in accordance with the Labor Code, or unilaterally terminate a working contract with the employee in accordance with the Law on Public Employees.

2. The employee is dismissed in accordance with the Labor Code.

3. The employee unilaterally terminates a labor contract as prescribed in Clause 1, Article 35 and Points dd and e, Clause 2, Article 35 of the Labor Code, or unilaterally terminates a working contract as prescribed in Clause 4 and Points d, dd and e, Clause 5, Article 29 of the Law on Public Employees.

4. The employee unilaterally terminates a labor contract unlawfully in accordance with the Labor Code, or unilaterally terminates a working contract in contravention of the Law on Public Employees.

Article 26. Order and procedures for support for employers to provide training and further training for improvement of occupational qualifications and skills for employment maintenance for employees

1. An employer having a demand for support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees shall request the social security agency with which it is participating in social insurance to certify the full payment of unemployment insurance premiums in accordance with Point a, Clause 2, Article 22 of this Decree. At the same time, the employer shall request the Chairperson of the commune-level People’s Committee to provide certification in cases where it falls into one of the cases prescribed at Points b and c, Clause 1, Article 22 of this Decree.

The social security agency shall provide such certification within 02 working days from the date of receipt of the employer’s request. The Chairperson of the commune-level People’s Committee shall provide such certification within 05 working days from the date of receipt of the employer’s request.

2. Within 06 months from the date on which the employer falls into the subjects prescribed in Clause 1, Article 22 of this Decree and has a demand for support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, the employer shall submit a dossier as prescribed in Article 24 of this Decree to the public employment service organization of the locality where its head office is located. In cases where the employer submits the dossier via the National Public Service Portal, the dossier shall comprise scanned copies of originals, or scanned copies of certified true copies, or electronic copies of the documents prescribed in Clauses 2, 3 and 4, Article 24 of this Decree. In cases where the employer submits the dossier by postal service, the date of submission shall be the postmark date.

3. The public employment service organization shall assume the prime responsibility for, and coordinate with relevant agencies and units in, examining the dossier and submitting it to the Director of the provincial-level Department of Home Affairs for decision on support for employers to provide training and further training for improvement of occupational qualifications and skills for employment maintenance for employees within 20 working days from the date of receipt of a complete dossier in accordance with regulations. In cases where the dossier lacks sufficient information as a basis for settlement, the public employment service organization shall request the employer to supplement and complete the dossier, using the written request made in Form No. 03 promulgated together with this Decree. The decision on support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees shall be made in Form No. 27 promulgated together with this Decree.

The decision on support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency for implementation of payment of support funding; 01 copy to the employer for implementation; and 01 copy to the vocational training institution in cases where the training is not provided by the employer.

In cases where support is not provided, the public employment service organization shall issue a written reply, clearly stating the reasons, to the employer, made in Form No. 28 promulgated together with this Decree.

In cases where the employer submits the dossier via the National Public Service Portal, the settlement and return of results shall be carried out through the National Public Service Portal.

4. Within 03 working days from the date of receipt of the decision on support of the Director of the provincial-level Department of Home Affairs, the provincial-level social security agency shall transfer in a lump sum the entire amount of support funding to the employer.

5. Within 02 working days from the date of receipt of the support funding, the employer shall transfer the funding to the vocational training institution in accordance with the approved plan, in cases where the training is not provided by the employer.

6. Within 45 days from the date of completion of the training, the employer shall complete, or coordinate with the vocational training institution in cases where the training is not provided by the employer, the final settlement of training funding for training and further training for improvement of occupational qualifications and skills, and submit a written report on the implementation results to the public employment service organization to which the employer submitted the dossier.

7. Within 05 working days from the date of receipt of the report on implementation results submitted by the employer as prescribed in Clause 6 of this Article, the public employment service organization shall submit it to the Director of the provincial-level Department of Home Affairs for issuance of a decision on recovery of the remaining training support funding (if any), made in Form No. 29 promulgated together with this Decree.

The decision on recovery of support funding for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency for implementation of recovery, and 01 copy to the employer for implementation.

8. Within 05 working days from the date of receipt of the decision on recovery of support funding for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, the employer shall refund the funding to the Unemployment Insurance Fund.

9. In cases where an employer has submitted a dossier for support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees but has not yet received the support funding, or has received the support funding but has not organized training and further training for improvement of occupational qualifications and skills for employees in accordance with the approved plan and no longer has a demand for support, the employer shall issue a written notification, made in Form No. 30 promulgated together with this Decree, to the public employment service organization to which the employer submitted the dossier. The order and procedures for settlement shall be guided as follows:

a) In cases where the public employment service organization has not yet submitted to the Director of the provincial-level Department of Home Affairs a decision on support for employers to provide training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, the dossier shall be returned to the employer.

b) In cases where the public employment service organization has submitted to the Director of the provincial-level Department of Home Affairs a decision on support for employers to provide training and further training for improvement of occupational qualifications and skills for employment maintenance for employees but has not yet sent it to the provincial-level social security agency for implementation of transfer of support funding to the employer, then within 03 working days from the date of receipt of the employer’s notification, the public employment service organization shall submit it to the Director of the provincial-level Department of Home Affairs for issuance of a decision on cancellation of the decision on support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, made in Form No. 31 promulgated together with this Decree, and send 01 copy to the employer for implementation.

c) In cases where the employer has received the support funding for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, within 03 working days from the date of receipt of the employer’s notification, the public employment service organization shall submit it to the Director of the Department of Home Affairs for issuance of a decision on recovery of support funding for training and further training for improvement of occupational qualifications and skills, made in Form No. 29 promulgated together with this Decree.

The decision on recovery of support funding for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency for implementation of recovery, and 01 copy to the employer for implementation.

Within 05 working days from the date of receipt of the decision on recovery of support funding for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, the employer shall refund the funding to the Unemployment Insurance Fund.

10. In cases where an employer is unable to arrange and maintain employment for an employee in accordance with the approved plan as prescribed at Point b, Clause 2, Article 22 of this Decree, the employer shall refund the entire amount of support funding provided for such employee to the Unemployment Insurance Fund. The order and procedures for settlement shall be guided as follows:

a) Within 02 working days from the date of termination of the labor contract or the working contract, or cessation of employment with the employee in accordance with the approved plan, the employer shall issue a written notification, made in Form No. 32 promulgated together with this Decree, and enclose documents certifying the termination of the labor contract or the working contract, or cessation of employment of the employer in respect of the employee, and send them to the public employment service organization to which the employer submitted the dossier.

b) Within 03 working days from the date of receipt of the employer’s notification and the documents prescribed at Point a of this Clause, the public employment service organization shall submit it to the Director of the provincial-level Department of Home Affairs for issuance of a decision on recovery of support funding for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, made in Form No. 29 promulgated together with this Decree.

The decision on recovery of support funding for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security agency for implementation of recovery, and 01 copy to the employer for implementation.

c) Within 05 working days from the date of receipt of the decision on recovery of support funding for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, the employer shall refund the funding to the Unemployment Insurance Fund.

11. The order, procedures, and forms of transfer of support funding to employers and recovery of support funding for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees from employers shall be implemented in accordance with the guidance of Vietnam Social Security.

Chapter VII
THE UNEMPLOYMENT INSURANCE FUND

Article 27. Expenses for unemployment insurance organization and operations

1. The contents and levels of expenses for unemployment insurance organization and operations shall be implemented in accordance with the contents and levels of expenses for social insurance organization and operations as prescribed in the Law on Social Insurance and the Government’s regulations on the financial mechanism for social insurance, unemployment insurance and health insurance; and expenses for social insurance, unemployment insurance and health insurance organization and operations.

2. Expenses for unemployment insurance organization and operations of public employment service organizations shall be determined based on workload and prices of public non-business services using the Unemployment Insurance Fund promulgated by the Ministry of Home Affairs, and on the basis of assigned tasks and tasks approved by competent authorities as prescribed in Article 16, Article 17, Clauses 2 and 3 Article 18, Clauses 4, 9, 10 and 11 Article 19, and Clause 1 Article 20 of the Government’s Decree No. 233/2025/ND-CP dated August 26, 2025, providing for the financial mechanism for social insurance, unemployment insurance and health insurance; and expenses for social insurance, unemployment insurance and health insurance organization and operations.

3. The list of public non-business services using the Unemployment Insurance Fund includes:

a) The group of employment counseling and job placement services for employees: counseling services; job placement services.

b) The group of services for settlement of support for employers to provide training and further training for improvement of occupational qualifications and skills for employment maintenance for employees: services for receipt and settlement of dossiers of application for support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees; services for returning results of support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees.

c) The group of services for settlement of unemployment allowance: services for receipt and settlement of dossiers of application for unemployment allowance; services for notification of employment seeking; services for suspension of enjoyment of unemployment allowance; services for resumption of enjoyment of unemployment allowance; services for termination of enjoyment of unemployment allowance; services for transfer and receipt of transfer of the place of enjoyment of unemployment allowance.

d) Services for receipt and settlement of support for employees to participate in training for improvement of occupational qualifications and skills: services for receipt and settlement of dossiers of application for support for employees to participate in training for improvement of occupational qualifications and skills; services for returning results of support for employees to participate in training for improvement of occupational qualifications and skills.

4. Prices of public non-business services using the Unemployment Insurance Fund shall be promulgated by the Ministry of Home Affairs.

Article 28. Investment activities of the Unemployment Insurance Fund

1. The list and methods of investment of the Unemployment Insurance Fund shall comply with the list and methods of investment of the Social Insurance Fund as prescribed by the Law on Social Insurance.

2. Investment activities of the Unemployment Insurance Fund shall be carried out in accordance with the Government’s Decree detailing investment activities of the Social Insurance Fund, Health Insurance Fund, and Unemployment Insurance Fund, and amending and supplementing documents (if any).

Chapter VIII
RIGHTS AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

Article 29. Rights of employees

1. To receive a social insurance book with full certification of payment of unemployment insurance upon termination of a labor contract or a working contract.

2. To enjoy unemployment insurance regimes in accordance with regulations.

3. To authorize other persons to submit dossiers of application for unemployment allowance and to receive decisions on enjoyment of unemployment allowance in accordance with regulations.

4. To request employers to provide information on payment of unemployment insurance; and to request public employment service organizations and social security agencies to provide information related to unemployment insurance.

5. To lodge complaints and denunciations regarding unemployment insurance in accordance with law.

6. To exercise other rights as prescribed by law.

Article 30. Obligations of employees

1. To pay unemployment insurance premiums fully and in a timely manner in accordance with regulations.

2. To comply strictly with regulations on participation in unemployment insurance.

3. To preserve and use social insurance books and health insurance cards in accordance with regulations.

4. For an employee entering into multiple labor contracts, upon termination of the labor contract under which unemployment insurance participation is being made, to notify the subsequent employer in order to continue participation in unemployment insurance in accordance with regulations.

5. To submit dossiers of application for unemployment allowance or vocational training support in accordance with regulations to public employment service organizations when having demand.

6. To notify, on a monthly basis, public employment service organizations of employment seeking during the period of enjoyment of unemployment allowance in accordance with regulations.

7. Within 10 working days from the date of submission of a dossier of application for unemployment allowance or support for training and improvement of occupational qualifications and skills, if an employee is employed, he/she shall promptly notify the public employment service organization to which the dossier was submitted.

8. To receive notifications of ineligibility for unemployment allowance or ineligibility for support for training and improvement of occupational qualifications and skills; decisions on enjoyment of unemployment allowance; decisions on cancellation of decisions on enjoyment of unemployment allowance; decisions on support for training and improvement of occupational qualifications and skills; decisions on suspension of enjoyment of unemployment allowance; decisions on resumption of enjoyment of unemployment allowance; decisions on termination of enjoyment of unemployment allowance; and decisions on reservation of periods of payment of unemployment insurance premiums, in accordance with regulations.

9. To notify public employment service organizations in accordance with regulations when falling into cases of termination of enjoyment of unemployment allowance as prescribed.

10. To participate in and comply with regulations of law on training and further training for improvement of occupational qualifications and skills when employers organize such training and further training for improvement of occupational qualifications and skills for employment maintenance for employees under decisions on support of Directors of provincial-level Departments of Home Affairs.

11. To fully comply with the law provisions on unemployment insurance and other relevant law.

Article 31. Rights of employers

1. To receive support for training and further training for improvement of occupational qualifications and skills in order to maintain employment for employees in accordance with regulations.

2. To refuse to comply with requests that are inconsistent with regulations of law on unemployment insurance.

3. To lodge complaints and denunciations regarding unemployment insurance in accordance with law.

4. To exercise other rights in accordance with law.

Article 32. Responsibilities of employers

1. To assume the prime responsibility for, and coordinate with, grassroots trade union organizations in providing information, communication, and dissemination of policies and laws on unemployment insurance.

2. To identify employees subject to participation in unemployment insurance; to carry out the order and procedures for participation in unemployment insurance; and to pay unemployment insurance premiums fully, correctly, and in a timely manner in accordance with law.

3. To preserve dossiers on employees’ participation in unemployment insurance during the period in which employees work at the unit; to produce documents and dossiers and provide relevant information at the request of competent state agencies during inspection or examination of unemployment insurance.

4. To provide information on payment of unemployment insurance premiums within 02 working days from the date of request by employees.

5. To provide documents on termination of labor contracts or working contracts, or cessation of employment, within 02 working days from the date employees terminate the labor contracts or working contracts, or cease employment; and to carry out procedures for certification of payment of unemployment insurance premiums for employees so that employees may complete dossiers of application for unemployment insurance in accordance with regulations.

6. To coordinate with public employment service organizations in providing labor contracts or working contracts upon request for verification of employment information; to notify the public employment service organization of the locality where the employer’s head office is located of changes in the labor force working at the unit. For units belonging to the armed forces, the implementation shall comply with the guidance of the Minister of National Defense and the Minister of Public Security.

7. To report to provincial-level Departments of Home Affairs on the status of participation in unemployment insurance of the preceding year before January 15 each year.

8. To organize the implementation of training and further training for improvement of occupational qualifications and skills for employees, and to employ employees who have been trained and further trained for improvement of their occupational qualifications and skills in accordance with the approved plan enclosed with the Decision on support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees issued by Directors of provincial-level Departments of Home Affairs.

9. To use funding for the correct subjects and purposes, and to report results of organization of training to the public employment service organization where the employer submitted the dossier after completion of the training and further training course for improvement of occupational qualifications and skills in accordance with regulations.

10. In cases where an employer increases or reduces the number of employees by 50 or more, to notify the labor fluctuation status in accordance with Form No. 33 promulgated together with this Decree to the public employment service organization of the locality where its head office is located for timely counseling and support.

11. To perform other responsibilities in accordance with law.

Article 33. Rights of public employment service organizations

1. To refuse requests for enjoyment of unemployment insurance regimes that are not in accordance with law.

2. To propose to competent state agencies the formulation, amendment, and supplementation of regimes and policies of the law on unemployment insurance and the management of the Unemployment Insurance Fund.

3. To propose to competent state agencies the handling of violations of the law on unemployment insurance.

4. To exercise other rights as prescribed by law.

Article 34. Responsibilities of public employment service organizations

1. To organize information provision, communication, and dissemination of policies and laws on unemployment insurance.

2. To organize the receipt and appraisal of dossiers of application for support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees, and submit them to Directors of provincial-level Departments of Home Affairs for issuance of decisions on support. To monitor and supervise the organization and implementation of support for training and further training for improvement of occupational qualifications and skills in accordance with decisions on support issued by Directors of provincial-level Departments of Home Affairs.

3. To organize the receipt, examination, and implementation of procedures for settlement of dossiers of application for unemployment allowance and support for training and further training for improvement of occupational qualifications and skills. In cases where, during the provision of online public services, electronic data on population, social insurance, or unemployment insurance of employees are inconsistent with information in legally valid documents such as citizen identity cards, social insurance books, or other lawful documents, public employment service organizations shall guide employees to request competent authorities to review, compare, and adjust electronic data and to submit dossiers in person in accordance with regulations.

4. To organize employment counseling and job placement for employees in accordance with law.

5. To promptly inform social security agencies in cases where an employee fails to come to receive a decision on enjoyment of unemployment allowance, fails to come to notify employment seeking, or falls into a case of termination of enjoyment of unemployment allowance as prescribed, prior to submitting to the Director of the provincial-level Department of Home Affairs for issuance of decisions on cancellation of decisions on enjoyment of unemployment allowance, suspension of enjoyment of unemployment allowance, or termination of enjoyment of unemployment allowance. To carry out the recovery of amounts paid for unemployment insurance regimes due to failure by public employment service organizations to comply with regulations specified in Clause 3, Article 16 and Clause 5, Article 21 of this Decree.

6. To apply information technology and conduct electronic transactions in the receipt, settlement, and management of dossiers for enjoyment of unemployment insurance in a unified manner nationwide; to ensure connectivity and data sharing among units implementing unemployment insurance, social security agencies, and related agencies through the National Public Service Portal and specialized information systems in accordance with law; to ensure information and data safety and security; and to maintain, update, and ensure stable operation of information systems and promptly handle or report to competent authorities for handling of technical incidents arising during electronic transactions.

7. To inspect, monitor, and update information of employees related to enjoyment of unemployment insurance regimes.

8. To implement periodic reporting regimes on a monthly, quarterly, and annual basis, and ad-hoc reporting to the Ministry of Home Affairs and provincial-level Departments of Home Affairs on unemployment insurance in accordance with law.

9. To provide documents and information related to unemployment insurance at the request of employees, trade union organizations, and competent authorities in accordance with law.

10. To archive and preserve dossiers for enjoyment of unemployment insurance in accordance with law.

11. To organize professional training and further training and apply information technology in unemployment insurance management and settlement of enjoyment of unemployment insurance regimes for employees in accordance with regulations.

12. Before the third day of each month, to report to provincial-level Departments of Home Affairs and the Employment Department (under the Ministry of Home Affairs) on the implementation of unemployment insurance policies in the locality in Form No. 34 promulgated together with this Decree (calculated by the Gregorian month of the month immediately preceding the reporting time).

13. On a six-monthly basis, before July 15; and on an annual basis, before January 15, to report to provincial-level  Departments of Home Affairs and the Employment Department (under the Ministry of Home Affairs) on the situation of implementation of unemployment insurance policies in the locality in Form No. 35 promulgated together with this Decree.

14. To participate in international cooperation on unemployment insurance.

15. To perform other responsibilities as prescribed by law.

Article 35. Rights of social security agencies

1. To inspect the payment of unemployment insurance premiums by employees and employers.

2. To refuse requests for payment of unemployment insurance regimes that are inconsistent with the law provisions.

3. To suspend the payment of unemployment insurance regimes in cases where there are grounds to determine that the enjoyment of unemployment insurance is inconsistent with the law provisions.

4. To propose to competent authorities the formulation, amendment, or supplementation of regimes, policies, and laws on unemployment insurance; to perform the management and use of the Unemployment Insurance Fund; and to handle violations of the law on unemployment insurance, or to propose to competent state agencies the handling of violations of the law on unemployment insurance in accordance with the law provisions.

5. To exercise other rights as prescribed by law.

Article 36. Responsibilities of social security agencies

1. To annually notify each employee of information on the payment of unemployment insurance premiums by such employee.

2. To communicate and disseminate regimes, policies, and laws on unemployment insurance; and to provide guidance on procedures for registration for participation in, and collection of, unemployment insurance for employees and employers subject to participation in unemployment insurance.

3. To organize the collection of unemployment insurance premiums.

4. To provide information on employees’ participation in and payment of unemployment insurance to public employment service organizations in localities, except for the Social Security of the Ministry of National Defense and the Social Security of the People’s Public Security.

5. To pay unemployment allowance; to provide support for training and improvement of occupational qualifications and skills; and to provide support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees.

6. To suspend the payment of amounts payable under unemployment insurance regimes for employment maintenance for employees upon decisions of competent authorities.

To carry out the recovery of amounts paid under unemployment insurance regimes due to payment inconsistent with decisions on enjoyment of unemployment insurance regimes, or payment made beyond the prescribed time limits, or incorrect collection of unemployment insurance leading to the settlement of unemployment insurance regimes inconsistent with regulations.

7. To issue health insurance cards and pay health insurance premiums for persons currently receiving unemployment allowance in accordance with the law provisions.

8. To manage and use the Unemployment Insurance Fund in accordance with the law provisions.

9. To implement measures for preservation and growth of the Unemployment Insurance Fund in accordance with the law provisions.

10. To transfer funds for expenses for unemployment insurance management to the Ministry of Home Affairs in accordance with regulations.

11. To organize the implementation of statistical and accounting work on unemployment insurance.

12. To coordinate with public employment service organizations in the application of information technology and the conduct of electronic transactions in the management, certification, and settlement of unemployment insurance regimes; the storage of dossiers of unemployment insurance participants; to ensure the connection, sharing, comparison, and exploitation of data on social insurance and unemployment insurance via the National Public Service Portal and specialized information systems in accordance with the law provisions; and to implement measures to ensure the safety and security of information and data of employees, to maintain, update, and stably operate information systems, and to promptly handle or report to competent authorities for handling technical incidents arising in the course of electronic transactions.

13. To fully and promptly provide information on participation in and payment of unemployment insurance; to review and compare electronic data with social insurance books; and to report to competent authorities for adjustment of electronic data upon employees’ requests.

14. To provide dossiers and information related to unemployment insurance at the request of competent state agencies.

15. To settle complaints and denunciations regarding the implementation of unemployment insurance in accordance with the law provisions.

16. On a six-monthly basis, before July 31, and on an annual basis, before January 31, to report to the Ministry of Finance and the Ministry of Home Affairs on the collection, expenditure, management, and use of the Unemployment Insurance Fund for the first six months of the year and for the preceding year.

17. To perform other responsibilities as prescribed by law.

Article 37. Rights of provincial-level Departments of Home Affairs

1. To issue decisions on enjoyment of unemployment allowance; decisions on support for training and improvement of occupational qualifications and skills; decisions on suspension of enjoyment of unemployment allowance; decisions on resumption of enjoyment of unemployment allowance; decisions on termination of enjoyment of unemployment allowance; decisions on cancellation of decisions on enjoyment of unemployment allowance; and decisions on reservation of the period of payment of unemployment insurance premiums.

2. To issue decisions on support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees; to issue decisions on cancellation of decisions on support for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees; and decisions on recovery of funds for training and further training for improvement of occupational qualifications and skills for employment maintenance for employees.

3. To monitor and inspect the implementation of laws on unemployment insurance.

4. To settle complaints, denunciations, petitions, and reflections related to unemployment insurance in accordance with the law provisions.

5. To propose to competent authorities the formulation, amendment, and supplementation of regimes, policies, and laws on unemployment insurance.

6. To handle, within its competence, or to propose to competent authorities the handling of violations of laws on unemployment insurance.

7. To exercise other rights as prescribed by law.

Article 38. Responsibilities of provincial-level Departments of Home Affairs

1. To assume the prime responsibility for, and coordinate with relevant agencies in, organizing information dissemination and communication on policies and laws on unemployment insurance.

2. To settle complaints and denunciations of organizations and individuals regarding the implementation of unemployment insurance regimes in accordance with the law provisions.

3. To recover amounts of unemployment insurance benefits paid due to improper settlement of unemployment insurance regimes, or due to the issuance and transfer of decisions on cancellation of enjoyment of unemployment allowance, termination of enjoyment of unemployment allowance, or suspension of enjoyment of unemployment allowance not in compliance with prescribed time limits.

4. To assume the prime responsibility for, and coordinate with relevant functional agencies in, organizing the recovery of amounts of unemployment insurance benefits improperly paid in cases where the causes leading to such recovery are not attributable to agencies implementing unemployment insurance.

5. To apply information technology and conduct electronic transactions in the receipt, settlement, and management of dossiers for enjoyment of unemployment insurance in a uniform manner nationwide; to direct and guide the application of information technology and the conduct of electronic transactions in the receipt, settlement, and management of dossiers for enjoyment of unemployment insurance at public employment service organizations; and to ensure connectivity and data sharing among units implementing unemployment insurance, social security agencies, and relevant agencies via the National Public Service Portal and specialized information systems in accordance with the law provisions.

6. To implement a periodic reporting regime on a six-monthly and annual basis, and ad-hoc reporting to the Ministry of Home Affairs and provincial-level People’s Committees in accordance with the law provisions.

7. To provide documents and information related to unemployment insurance at the request of competent authorities.

8. To carry out international cooperation and participate in scientific research on unemployment insurance.

9. To perform other responsibilities as prescribed by law.

Article 39. Rights of the Ministry of Home Affairs

1. To promulgate guiding documents on unemployment insurance.

2. To monitor and inspect the implementation of unemployment insurance.

3. To handle acts of violation related to unemployment insurance in accordance with the law provisions.

4. To exercise other rights as prescribed by law.

Article 40. Responsibilities of the Ministry of Home Affairs

1. To assume the prime responsibility for, and coordinate with ministries in, proposing to competent authorities the amendment and supplementation of regimes, policies, and laws on unemployment insurance.

2. To uniformly perform state management of unemployment insurance from the central level to local levels.

3. To assume the prime responsibility for, and coordinate with ministries and sectors in, guiding the organization of the implementation of unemployment insurance.

4. To assume the prime responsibility for, and coordinate with ministries and sectors in, supervising, evaluating, and conducting annual or ad-hoc specialized inspections of relevant agencies, organizations, enterprises, and individuals regarding the implementation of the law provisions on unemployment insurance.

5. To assume the prime responsibility for, and coordinate with relevant agencies in, organizing information dissemination and communication on policies and laws on unemployment insurance.

6. To assume the prime responsibility for, and coordinate with relevant agencies in, settling complaints and denunciations of organizations and individuals regarding the implementation of unemployment insurance regimes in accordance with the law provisions.

7. To assume the prime responsibility for, and coordinate with ministries and sectors in, formulating, guiding, organizing the implementation of, and managing the application of information technology and the conduct of electronic transactions in the settlement and management of unemployment insurance in a uniform manner nationwide; to ensure connectivity and data sharing among information systems; to ensure safety, cybersecurity, and protection of personal data in accordance with the law provisions; and to maintain stable operation and handle technical incidents arising in the course of implementation.

8. To synthesize difficulties and problems arising in the course of implementation, report and propose recommendations to competent authorities.

9. To promulgate prices of public non-business services using the Unemployment Insurance Fund before July 01, 2026.

10. To provide documents and information related to unemployment insurance at the request of competent authorities.

11. To carry out international cooperation and participate in scientific research on unemployment insurance.

12. To perform other responsibilities as prescribed by law.

Article 41. Rights of the Ministry of Finance

1. To promulgate guiding documents on unemployment insurance.

2. To direct social security agencies in the implementation of unemployment insurance.

3. To exercise other rights as prescribed by law.

Article 42. Responsibilities of the Ministry of Finance

1. To assume the prime responsibility for, and coordinate with ministries in, proposing to competent authorities the amendment and supplementation of regulations on financial mechanisms for unemployment insurance.

2. To ensure the provision of budgetary support to the Unemployment Insurance Fund in accordance with regulations.

3. To coordinate with ministries and sectors in organizing the implementation and management of information technology application and electronic transactions in the payment of unemployment insurance regimes in a unified manner nationwide; to ensure connectivity and data sharing with public employment service organizations, the National Public Service Portal, and information systems; and to ensure cybersecurity, network security, and protection of personal data in accordance with the law provisions.

4. To perform other responsibilities as prescribed by law.

Chapter IX
IMPLEMENTATION PROVISIONS

Article 43. Transitional provisions

1. The period during which employers have paid unemployment insurance premiums for employees shall be counted as a basis for exemption from responsibility to pay job loss allowance or severance allowance in accordance with the laws on labor and public employees.

2. The period during which employees actually work under labor contracts or working contracts with employers but are not subject to unemployment insurance payment shall be counted for consideration of entitlement to severance allowance or job loss allowance in accordance with the current labor law, or severance allowance in accordance with the law on public employees.

3. To amend Article 1 of the Government’s Decree No. 212/2025/ND-CP dated July 25, 2025, detailing investment activities from the social insurance fund, health insurance fund, and unemployment insurance fund, as follows: “This Decree details investment activities from the social insurance fund, health insurance fund, and unemployment insurance fund managed by Viet Nam Social Security in accordance with Clause 4, Article 122; Clause 3, Article 123; and Clause 5, Article 137 of the Law on Social Insurance; Clause 5, Article 35 of the Law on Health Insurance (as amended and supplemented at Clause 27, Article 1 of Law No. 51/2024/QH15 amending and supplementing a number of articles of the Law on Health Insurance); and Article 47 of the Law on Employment.”

4. For employers who have submitted dossiers of application for support for training and further training for improvement of occupational qualifications and skills to maintain employment for employees before the effective date of this Decree but have not yet received a decision on financial support for such training and further training, the provisions of this Decree shall apply.

5. For employees who have submitted dossiers of application for support for participation in training and improvement of occupational qualifications and skills or for unemployment allowance before the effective date of this Decree but have not yet received a decision on such support or allowance, the regimes shall be implemented in accordance with this Decree.

Article 44. Organization of implementation

1. The Minister of Home Affairs shall be responsible for guiding and organizing the implementation of this Decree.

2. The Minister of National Defense and the Minister of Public Security shall, within the scope of their functions and tasks, be responsible for guiding and organizing the implementation of this Decree.

3. Other related ministries and sectors shall, within the scope of their functions, tasks, and powers, be responsible for organizing the implementation of this Decree.

Article 45. Effect

1. This Decree takes effect from January 1, 2026.

2. The following Decrees shall cease to be effective from the effective date of this Decree:

a) The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015, detailing a number of articles of the Law on Employment regarding unemployment insurance;

b) 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, detailing a number of articles of the Law on Employment regarding unemployment insurance.

3. For time limits calculated by days under this Decree, the first day shall not be counted; the time limit shall be counted from the immediately following day. If such immediately following day falls on a public holiday or weekend, the time limit shall be counted from the next working day.

Article 46. Responsibilities for implementation

Ministers, heads of ministerial-level agencies, heads of governmental agencies, Chairpersons of People’s Committees of provinces and centrally run cities, and related agencies, organizations, enterprises, and individuals shall implement this Decree./.

On behalf of the Government
For the Prime Minister
The Deputy Prime Minister

HO DUC PHOC

* All Appendices are not translated herein.