Decree No. 61/2020/ND-CP amending the Government’s Decree No. 28/2015/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 28/2015/ND-CP of March 12, 2015, detailing a number of articles of the Law on Employment regarding unemployment insurance^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 16, 2013 Law on Employment;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

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

Article 1.To amend and supplement a number of articles of the Government’s Decree No. 28/2015/ND-CP of March 12, 2015, detailing a number of articles of the Law on Employment regarding unemployment insurance (below referred to as Decree No. 28/2015/ND-CP), as follows:

1. To amend and supplement Clause 2, Article 3 as follows:

“2. Meeting difficulties in the cases specified at Point b, Clause 1, Article 47 of the Law on Employment, leading to possibility of laying off workers by at least 30% or at least 30, for an employer employing less than 200 workers; or by at least 50, for an employer employing between 200 and 1,000 workers; or by at least 100, for an employer employing over 1,000 workers, excluding workers signing seasonal or job-based working contracts with a term of under 1 month.

Force majeureevents mentioned at Point b, Clause 1, Article 47 of the Law on Employment include:

- Fire, flood, earthquake, tsunami, enemy sabotage or epidemic that causes damage to part or the whole of the employer’s physical foundations, equipment, machinery and workshops as certified by the chairperson of the People’s Committee of the urban district, rural district, town or provincial city  where the employer suffers damage;

- Fulfillment of a competent state agency’s request for relocation or narrowing of the production and business location.”

2. To amend and supplement Clause 3, Article 8 as follows:

“3. Methods of transferring funds for unemployment insurance management expenses:

Based on the Prime Minister-assigned unemployment insurance management expense estimates, the Vietnam Social Security shall fully and promptly transfer unemployment insurance management expenses to the Ministry of Labor, Invalids and Social Affairs, the Social Insurance Agency of the Ministry of National Defense and the Social Insurance Agency of the Ministry of Public Security. Methods of transferring funds must comply with the Prime Minister’s regulations on financial management mechanism applicable to social insurance, health insurance and unemployment insurance, and social insurance, health insurance and unemployment insurance management expenses. Particularly, expenses for information technology application must comply with the Government’s Decree No. 64/2007/ND-CP of April 10, 2007, on application of information technology in operations of state agencies, and revising documents (if any)”.

3. To amend and supplement Clause 2, Article 10 as follows:

“2. The formulation, allocation and assignment of estimates, management, use and finalization of unemployment insurance management expenses must comply with the Prime Minister’s regulations on financial management mechanism applicable to social insurance, medical insurance and unemployment insurance, and social insurance, medical insurance and unemployment insurance management expenses”.

4. To amend and supplement Clauses 2 and 3, Article 12 as follows:

“2. A worker shall be regarded as currently paying unemployment insurance premiums under Article 49 of the Law on Employment if falling into one of the following cases:

a/ He/she has paid unemployment insurance premiums for the month of termination of his/her labor contract or working contract as certified by a social insurance agency in his/her social insurance book;

b/ He/she has paid unemployment insurance premiums for the month preceding the month of termination of his/her labor contract or working contract as certified by a social insurance agency in his/her social insurance book;

c/ He/she is on sickness leave or maternity leave for at least 14 working days of the month preceding the month of termination of his/her labor contract or working contract or of the month of termination of his/her labor contract or working contract without receiving monthly salary from the employer as certified by a social insurance agency in his/her social insurance book;

d/ He/she is on a leave for at least 14 working days of the month preceding the month of termination of his/her labor contract or working contract or of the month of termination of his/her labor contract or working contract without receiving monthly salary from the employer as certified by a social insurance agency in his/her social insurance book;

dd/ He/she stops performing his/her labor contract or working contract for at least 14 working days of the month preceding the month of termination of his/her labor contract or working contract or of the month of termination of his/her labor contract or working contract from the employer as certified by a social insurance agency in his/her social insurance book.

3. A month of payment of unemployment insurance premiums for a worker shall be counted if the employer and the worker have performed their labor contract or working contract and paid unemployment insurance premiums.

For a worker who has received unemployment allowance and whose period of payment of unemployment insurance premiums is certified by a social insurance agency after he/she stops receiving unemployment allowance, such period shall be counted as a premium payment period during which he/she has not yet received any unemployment allowance under Clause 1, Article 45 of the Law on Employment.”

5. To amend and supplement Clause 3, Article 14 as follows:

“3. The Minister of Labor, Invalids and Social Affairs shall provide job counseling and placement service prices from the Unemployment Insurance Fund for workers under Article 54 of the Law on Employment.”

6. To amend and supplement Clause 2, Article 16 as follows:

“2. The original, a certified true copy or a copy enclosed with the original for comparison of one of the following papers certifying the termination of the labor contract or working contract:

a/ Labor contract or working contract that has expired or under which the job has been accomplished;

b/ Decision on work cessation;

c/ Decision on dismissal;

d/ Decision compelling work cessation;

dd/ Notice of or agreement on labor contract or working contract termination;

e/ Written certification by the employer with detailed information on the worker, type of the signed labor contract; reason for and time of termination of the labor contract of the worker;

g/ Written certification by the competent state agency that the enterprise or cooperative is dissolved or goes bankrupt or decision on removal from office, relief from duty or dismissal of the worker from his/her appointed title of manager;

h/ In case a worker has no written certification of termination of his/her labor contract as the employer has no at-law representative or no person authorized by the at-law representative, the following procedures shall be carried out:

The provincial-level Department of Labor, Invalids and Social Affairs or Social Insurance Agency shall send a written request to the provincial-level Department of Planning and Investment for certification that the employer has no at-law representative or no person authorized by the at-law representative.

The provincial-level Department of Planning and Investment shall coordinate with the tax agency, public security office and administration of the locality where the employer is located in certifying that the employer has no at-law representative or no person authorized by the at-law representative.

The provincial-level Department of Planning and Investment shall send a written reply to the provincial-level Department of Labor, Invalids and Social Affairs or Social Insurance Agency on certified results within 10 working days after receiving the latter’s written request for certification.

i/ For a worker who participates in unemployment insurance under Point c, Clause 1, Article 43 of the Law on Employment, the paper certifying termination of his/her seasonal labor contract or job-based labor contract of between full 3 months and under 12 months may be the original, a certified true copy or a copy enclosed with the original for comparison of such contract.”

7. To add the following Clause 4 to Article 17:

“4. Within 15 working days after submitting a dossier of request for unemployment allowance, the worker who does not wish to receive unemployment allowance shall submit or authorize another person to submit a written request for waiver of unemployment allowance to the employment service center where he/she has submited the request dossier.”

8. To amend and supplement Clause 3, Article 18 as follows:

“3. Within 3 working days from the date indicated in the slip of notification of dossier-processing results, made according to Form No. 01 provided in the Appendix to this Decree, if the worker fails to show up to receive a decision on enjoyment of unemployment allowance or to authorize another person to receive such decision and fails to notify the employment service center of the reason, he/she shall be regarded as not wishing to receive unemployment allowance. Within 2 working days from the date the worker should have shown up to receive the decision on enjoyment of unemployment allowance, the employment service center shall submit to the director of the provincial-level Department of Labor, Invalids and Social Affairs for promulgation a decision cancelling the decision on enjoyment of unemployment allowance, made according to Form No. 02 provided in the Appendix to this Decree.

The employment service center shall send one copy of the decision cancelling the decision on enjoyment of unemployment allowance to the provincial-level Social Insurance Agency for non-payment of unemployment allowance to the worker, and one copy to the worker.”

9. To amend and supplement Points b, d, dd, e and h, Clause 1; Clause 2; and Clause 5, Article 21 as follows:

“b/ The worker has found a job

A worker shall be regarded as having found a job in one of the following cases:

- He/she has signed a seasonal or job-based working contract or labor contract of a term of at least full 1 month. The date the worker is regarded as having found a job is the date his/her working contract or labor contract takes effect in accordance with law;

- He/she receives a recruitment or appointment decision if he/she does not fall into a case subject to signing of a labor contract or working contract. In this case, the date the worker is regarded as having found a job is the date he/she is recruited or appointed as stated in the recruitment or appointment decision;

- He/she possesses a business household registration certificate if he/she is a business household owner or possesses an enterprise registration certificate if he/she is an enterprise owner. The date the worker is regarded as having found a job is the date he/she informs the employment service center of commencement of business operation of his/her business household or enterprise;

- He/she sends a notice to the employment service center that he/she has found a job. The date the worker is regarded as having found a job is the date stated in such notice.

d/ The worker receives monthly pension

The date the worker is regarded as receiving pension is the first date he/she is entitled to pension as stated in the social insurance agency’s document on enjoyment of monthly pension.

dd/ The worker has twice refused without a plausible reason to take up the job recommended by the employment service center in the locality where he/she currently receives unemployment allowance 

A worker enjoying unemployment allowance who refuses to take up a job in one of the following cases shall be regarded as refusing without a plausible reason:

- He/she is recommended the job suitable to the discipline and qualifications in which he/she has been trained or the job that he/she used to perform as stated in the job counseling and recommendation form but fails to participate in labor recruitment;

- He/she has taken part in labor recruitment as recommended by the employment service center where he/she currently receives unemployment allowance and been recruited by an employer but has refused to take up the job, unless such job is not that stated in the employer’s recruitment notice.

e/ During the period of enjoyment of of unemployment allowance, the worker fails to monthly notify his/her job seeking to the employment service center in 3 consecutive months under regulations;

The date the worker is regarded as no longer enjoying his/her unemployment allowance is the date of expiration of the time limit for notification of job seeking in the third month when he/she fails to notify his/her job seeking.

h/ The worker attends a training course for at least full 12 months 

The date the worker is regarded as attending a training course of at least full 12 months is the date of admission to the training course as stated in the admission notice.

2. Within 3 working days after the worker falls into the case of termination of enjoyment of unemployment allowance specified at Point b, c, d, or h, Clause 1 of this Article, the worker shall send a notice thereof to the employment service center in the locality where he/she currently receives unemployment allowance enclosed with copies of papers related to such termination. If the notice is sent by post, the date indicated in the postmark shall be applied.

5. For a worker who has to stop receiving unemployment allowance in the case specified at Point b, c, h, l, m or n, Clause 1 of this Article, the period of payment of unemployment insurance premiums equivalent to the remaining period during which the worker has not yet received unemployment allowance shall be reserved for calculating the subsequent period of enjoyment of unemployment allowance when he/she fully satisfies the conditions for enjoyment of unemployment allowance, except the case in which the worker has to stop receiving unemployment allowance under Point b, c or h, Clause 1 of this Article and fails to make a notice under Clause 2 of this Article.

The reserved period equals the total period of payment of unemployment insurance premiums minus the period of payment of unemployment insurance premiums during which a worker has received unemployment allowance, with one month of enjoyment of unemployment allowance equivalent to 12 months of payment of unemployment insurance premiums, except odd months when he/she has not received unemployment insurance benefits reserved in the decision on enjoyment of unemployment allowance(if any).”

10. To add the following Clauses 7a and 7b after Clause 7, Article 22:

“7a. If a worker has received a dossier for change of the place of enjoyment of unemployment allowance but not yet submitted it to the employment service center of the locality to which he/she moves and does not wish to change the place of enjoyment of unemployment allowance, he/she shall submit the letter of introduction on such change to the employment service center of the locality from which he/she moves. Within 3 working days after receiving the letter of introduction, the employment service center shall send a written request to the provincial-level Social Insurance Agency for resumption of payment of unemployment allowance and grant of a health insurance card to the worker.

7b. The worker’s notice of job seeking during the change of the place of enjoyment of unemployment allowance must comply with the guidance of the Ministry of Labor, Invalids and Social Affairs.”

11. To amend and supplement Article 23 as follows:

“Article 23. Enjoyment of health insurance benefits

1. Based on decisions on enjoyment of unemployment allowance, social insurance agencies shall grant health insurance cards to workers.

2. Workers are no longer entitled to health insurance benefits upon stoppage of enjoyment of unemployment allowance.”

12. To amend and supplement Article 24 as follows:

“Article 24. Dossier of request for vocational training support

1. A dossier of request for vocational training support for a worker awaiting results of settlement of unemployment allowance or currently receiving unemployment allowance who wishes to receive vocational training in the locality where he/she is awaiting results of settlement of unemployment allowance or currently receiving unemployment allowance is a written request for vocational training support, made according to Form No. 3 provided in the Appendix to this Decree.

2. A dossier of request for vocational training support for a worker on unemployment allowance wishing to receive vocational training in the locality other than the locality where he/she is receiving unemployment allowance must comprise a written request for vocational training support specified in Clause 1 of this Article and the original decision on enjoyment of unemployment allowance or a certified true copy or a copy of the decision enclosed with the original for comparison.

3. A dossier of request for vocational training support for a worker not falling into the case specified in Clause 1 or 2 of this Article must comprise:

a/ A written request for unemployment allowance;

b/ A written request for vocational training support specified in Clause 1 of this Article;

c/ The original or a certified true copy or a copy enclosed with the original for comparison of one of the papers specified in Clause 2, Article 16 of Decree No. 28/2015/ND-CP which is amended and supplemented in Clause 6, Article 1 of this Decree;

d/ The social insurance book.

For a worker who has submitted a dossier of request for unemployment allowance but fails to fully satisfy the conditions for enjoyment of unemployment allowance, a dossier of request for vocational training support must comprise a written request for vocational training support specified in Clause 1 of this Article and a notice of the employment service center that the worker fails to fully satisfy the conditions for enjoyment of unemployment allowance.”

13. To amend and supplement Article 25 as follows:

“Article 25. Provision of vocational training support

1. A worker who fully satisfies the conditions specified in Article 55 of the Law on Employment and wishes to receive vocational training may be provided with one-off support for learning one vocation at a vocational training institution, a higher education institution having registered vocational education at collegial level or an enterprise licensed to provide vocational education and engaged in vocational training for workers covered by unemployment insurance (below collectively referred to as vocational training institutions). Financial support for vocational training shall be provided through vocational training institutions.

2. A worker wishing to receive vocational training shall submit a dossier of request for vocational training support to an employment service center.

a/ A dossier of request for vocational training support specified in Clause 1, Article 24 which is amended and supplemented in Clause 12, Article 1 of this Decree shall be submitted to the employment service center that currently settles unemployment allowance or in the locality where the worker currently receives unemployment allowance.

b/ A dossier of request for vocational training support specified in Clauses 2 and 3, Article 24 which is amended and supplemented in Clause 12, Article 1 of this Decree shall be submitted to the employment service center in the locality where the worker wishes to receive vocational training.

3. Employment service centers shall examine dossiers of request for vocational training support and issue to workers slips of appointment for receipt of dossier-processing results, made according to Form No. 1 provided in the Appendix to this Decree.

4. Within 20 working days after receiving a complete dossier of request for vocational training support, an employment service center shall determine and report on a specific vocation, duration of vocational training support, date of vocational training commencement, financial support level for vocational training, and vocational training institution to the director of the provincial-level Department of Labor, Invalids and Social Affairs for decision.

The date of vocational training commencement of a worker must be within 3 months from the date of issuance of the decision on vocational training support for those who are not entitled to unemployment allowance or within 3 months from the date of expiration of the time limit for unemployment allowance enjoyment as stated in the decision on enjoyment of unemployment allowance for those currently receiving employment allowance. For a worker who wishes to attend an existing vocational training course provided by a vocational training institution, he/she may continue to receive support for attending such course provided that the period from the date of vocational training commencement to the date of issuance of the decision on vocational training support must not exceed 1 month and the vocational training institution shall provide compensatory training for the period before he/she attends the course.

The employment service center shall send one copy of the decision on vocational training support, made according to Form No. 04 provided in the Appendix to this Decree, to the provincial-level Social Insurance Agency for provision of financial support to the vocational training institution; one copy to the vocational training institution for providing vocational training to the worker, and one copy to the worker.

In case the worker is not entitled to vocational training support, the employment service center shall give a written reply to the worker, clearly stating the reason.

In case the worker has received the decision on vocational training support but has not yet attended the vocational training course or has been attending the vocational training course but no longer receives unemployment allowance, he/she is still entitled to vocational training support under a decision on vocational training support of the director of the provincial-level Department of Labor, Invalids and Social Affairs.

5. Within 3 working days from the date indicated in a slip of appointment for receipt of dossier-processing results, if a worker fails to show up to receive a decision on vocational training support or fails to authorize another person to receive such decision and to notify the employment service center of the reason, he/she shall be regarded as not wishing to receive vocational training support. Within 2 working days from the date the worker should have shown up to receive the decision on vocational training support, the employment service center shall submit to the director of the provincial-level Department of Labor, Invalids and Social Affairs for issuance a decision cancelling the decision on vocational training support, made according to Form No. 05 provided in the Appendix to this Decree. The employment service center shall send one copy of the decision cancelling the decision on vocational training support to the provincial-level Social Insurance Agency for not providing vocational-training financial support to the vocational training institution; one copy to the vocational training institution for not providing vocational training to the worker, and one copy to the worker.

6. Vocational training institutions shall organize vocational training for workers under decisions on vocational training support of directors of provincial-level Departments of Labor, Invalids and Social Affairs and make monthly lists of workers currently attending vocational training courses with their signatures and hand them to social insurance agencies for payment and account finalization of vocational-training financial support.”

14. To add the following Clause 3a after Clause 3, Article 34:

“3a. To promptly notify the social insurance agency of the worker’s failure to receive the decision on enjoyment of unemployment allowance, the worker’s failure to notify his/her job seeking or the worker’s falling into the case of termination of enjoyment of unemployment allowance before submitting to the director of the provincial-level Department of Labor, Invalids and Social Affairs for issuance a decision cancelling the decision on enjoyment of unemployment allowance, decision on suspension from enjoyment of unemployment allowance or decision on termination of enjoyment of unemployment allowance.”

15. To amend and supplement Clause 6 and add Clause 6a after Clause 6, Article 36, as follows:

“6. To stop paying unemployment allowance or financial support for vocational training or training and further training activities to improve occupational skills and qualifications for job maintenance for workers after receiving competent agencies’ decisions.

6a. To recover unemployment insurance benefits due to payment in contravention of decisions on enjoyment of unemployment insurance entitlements or failure to pay within the prescribed time limit or due to improper collection of unemployment insurance premiums, thus leading to the settlement of unemployment insurance entitlements in contravention of regulations.”

16. To add the following Clause 2a after Clause 2, Article 38:

“2a. To recover unemployment insurance benefits due to the settlement of unemployment insurance entitlements in contravention of regulations or failure to issue and transfer decisions on annulment of unemployment allowance, termination of enjoyment of unemployment allowance or suspension of enjoyment of unemployment allowance within the prescribed time limit.

To assume the prime responsibility for, and coordinate with related functional agencies in, recovering unemployment insurance benefits paid in contravention of regulations in case reasons for recovery are not faults of unemployment insurance-implementing agencies.”

Article 2.To annul a number of provisions of Decree No. 28/2015/ND-CP

To annul Clauses 3 and 4, Article 10; Clause 4, Article 18; Clauses 3, 5 and 6, Article 22, and Clause 11, Article 30.

Article 3.Effect

1. This Decree takes effect on July 15, 2020.

2. For employers who submit dossiers of request for financial support for training and further training to improve occupational skills and qualifications for job maintenance for workers before the effective date of this Decree but have not received decisions on financial support for training and further training to improve occupational skills and qualifications for job maintenance for workers, this Decree shall apply.

3. For workers who submit dossiers of request for vocational training support before the effective date of this Decree but have not received decisions on vocational training support, this Decree shall apply.

Article 4.Implementation responsibility

1. The Minister of Labor, Invalids and Social Affairs shall guide the implementation of this Decree.

2. The Ministry of Labor, Invalids and Social Affairs and the Vietnam Social Security shall apply and modernize information technology to ensure data sharing and implementation of e-transactions in collection and payment of unemployment insurance premiums and settlement of unemployment insurance entitlements.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations, enterprises and individuals shall implement this Decree.-

On the behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.