Circular 15/2023/TT-BLDTBXH amend Circular 28/2015/TT-BLDTBXH guiding Law on Employment regarding unemployment insurance

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Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labor, Invalids and Social Affairs amending and supplementing a number of articles of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015, on guiding the implementation of Article 52 of the Law on Employment and 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
Issuing body: Ministry of Labor, Invalids and Social AffairsEffective date:
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Official number:15/2023/TT-BLDTBXHSigner:Le Van Thanh
Type:CircularExpiry date:Updating
Issuing date:29/12/2023Effect status:
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Fields:Insurance , Labor - Salary
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Effect status: Known

THE MINISTRY OF LABOR, INVALIDS

AND SOCIAL AFFAIRS

_____________

No. 15/2023/TT-BLDTBXH

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

________________________

Hanoi, December 29, 2023

CIRCULAR

Amending and supplementing a number of articles of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015, on guiding the implementation of Article 52 of the Law on Employment and 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

___________

 

Pursuant to the Law on Employment dated November 16, 2013;

Pursuant to the Government’s Decree No. 62/2022/ND-CP dated September 12, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to 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;

Pursuant to the Government’s Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of articles of Decree No. 28/2015/ND-CP;

At the request of the Director of the Department of Employment;

The Minister of Labor, Invalids and Social Affairs hereby promulgates the Circular amending and supplementing a number of articles of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015, on guiding the implementation of Article 52 of the Law on Employment and 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.

 

Article 1. Amending and supplementing a number of articles of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015, on guiding the implementation of Article 52 of the Law on Employment and 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 (hereinafter referred to as Circular No. 28/2015/TT-BLDTBXH)

1. To amend and supplement Article 1 as follows:

“This Circular guides the implementation of Article 52 of the Law on Employment and a number of articles of Decree No. 28/2015/ND-CP, Decree No. 61/2020/ND-CP.”

2. To add Clauses 3 and 4 to Article 4 as follows:

“3. In case the employee working for an employer without at-law representative or authorized at-law representative wishes to terminates his/her labor contract to be entitled to unemployment insurance benefits, he/she shall request the provincial-level Department of Labor, Invalids and Social Affairs or provincial-level Social Insurance Agency according to the procedures specified at Point h Clause 2 Article 16 of Decree No. 28/2015/ND-CP, amended and supplemented under Clause 6 Article 1 of Decree No. 61/2020/ND-CP.

4. The social insurance agency shall certify the levels and duration of payment of unemployment insurance premiums, interrupted duration of payment of unemployment insurance premiums and reason for such interruption.”

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

“2. The number of months of unemployment allowance receipt shall be calculated according to the calendar month. Each month shall be counted from the first date on which the employee starts receiving unemployment allowance as defined in Clause 3 Article 50 of the Law on Employment to the date preceding the same date as the first date of receiving unemployment allowance of the following month. In case the following month does not have the same date as the first date of receiving unemployment allowance, the last date of the month of enjoying unemployment allowance shall be the last day of that month.

Example 4: Mr. Cao Van D is entitled to receive 5 months’ unemployment allowance, from January 1, 2022, to May 31, 2022. The number of months of unemployment allowance receipt shall be determined as follows:

The first month of unemployment allowance receipt is from January 1, 2022, to the end of January 31, 2022;

The second month of unemployment allowance receipt is from February 1, 2022, to the end of February 28, 2022;

The third month of unemployment allowance receipt is from March 1, 2022, to the end of March 31, 2022;

The fourth month of unemployment allowance receipt is from April 1, 2022, to the end of April 30, 2022;

The fifth month of unemployment allowance receipt is from May 1, 2022, to the end of May 31, 2022.”

4. To amend and supplement Article 9 as follows:

“Article 9. Reservation of the period of unemployment insurance premium payment

1. The period of unemployment insurance premium payment to be reserved shall be determined as follows:

Total reserved unemployment insurance premium payment period

 

 

 

 

=

Period of unemployment insurance premium payment to be reserved in case

the employee

has a month of unemployment insurance premium payment without receipt of unemployment allowance

 

 

 

(if any)

+

Period of unemployment insurance premium payment to be reserved in case

of

annulment of the decision on payment of unemployment allowance

 

 

 

(if any)

+

Period of unemployment insurance premium payment to be reserved in case

of

stopping receiving unemployment allowance

 

 

 

 

(if any)

+

Period of unemployment insurance premium payment to be reserved in case

the employee

fails to appear to receive unemployment allowance

 

(if any)

+

Period of unemployment insurance premium payment additionally certified after stopping unemployment allowance receipt (in case the employee has received unemployment allowance with

the period of unemployment insurance premium payment

of less than 36 months, such period shall be calculated based on the duration of unemployment insurance premium payment and unemployment allowance receipt)

(if any)

 

Reservation of the period of unemployment insurance premium payment in case the employee has a month of unemployment insurance premium payment without settlement of entitlement to unemployment allowance

If an employee has paid unemployment insurance premiums from more than 36 months to full 144 months, his/her unemployment insurance premium payment period without settlement of entitlement to unemployment allowance shall be reserved. If he/she has paid unemployment insurance premiums more than 144 months, his/her unemployment insurance premium payment period without settlement of entitlement to unemployment allowance shall not be reserved. Period of unemployment insurance premium payment to be reserved shall be stated on the decision on payment of unemployment allowance.

Example 5: Ms. Nguyen Thi D has paid unemployment insurance premiums for 41 months. Therefore, if Ms. D fully satisfies the conditions specified in Article 49 of the Law on Employment, and its guiding documents, she shall be entitled to 3-month unemployment allowance (equivalent to 36-month unemployment insurance premium payment period) and her unemployment insurance premium payment period to be reserved is 5 months.

Example 6: Ms. Nguyen Thi E has paid unemployment insurance premiums for 150 months. Therefore, if Ms. E fully satisfies the conditions specified in Article 49 of the Law on Employment, and its guiding documents, she shall be entitled to 12-month unemployment allowance and her unemployment insurance premium payment period to be reserved is 0 month.

b) Reservation of the period of unemployment insurance premium payment in case of annulment of the decision on payment of unemployment allowance

In case a decision on payment of unemployment allowance for an employee is annulled in accordance with Clause 3 Article 18 of Decree No. 28/2015/ND-CP, amended and supplemented under Decree No. 61/2020/ND-CP, the period of unemployment insurance premium payment to be reserved shall be the period of unemployment allowance receipt according to the decision on payment of unemployment allowance.

Example 7: Mr. Pham Van E has a 40-month unemployment insurance premium payment period, he is entitled to receive 3 month’s unemployment allowance and a period of unemployment insurance premium payment to be reserved of 4 months. Mr. E fails to appear to receive the decision on payment of unemployment allowance according to the appointment slip, and fails to notify such to the employment service center of the reason for such failure to appear to receive results. Therefore, the decision on payment of unemployment allowance for Mr. E shall be annulled. And his unemployment insurance premium payment period without receipt of unemployment allowance is 40 months.

c) Reservation of the period of unemployment insurance premium payment in case the employee stops receiving unemployment allowance

If an employee on unemployment allowance who stopping receiving it belongs to the cases of reservation of the period of unemployment insurance premium payment specified in Clause 5 Article 21 of Decree No. 28/2015/ND-CP, amended and supplemented under Decree No. 61/2020/ND-CP, his period of unemployment insurance premium payment to be reserved shall be equivalent to the employee’s remaining period of unemployment insurance premium payment without receipt of unemployment allowance. Period of unemployment insurance premium payment to be reserved shall be stated on the decision on stoppage of unemployment allowance receipt.

If an employee on unemployment allowance falling into the cases subject to signing of labor contract or working contract has notified the employment service center as prescribed, but fails to have a copy of his/her labor contract or working contract, he/she must make a commitment on the effective date of the signed labor contract or working contract, reason for failure to provide the contract copy, and additional provision of the contract copy within 3 working days from the date of receiving the labor contract or working contract.

Example 8: Mr. Nguyen Van G has a 17-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance. Mr. G has received his first month of unemployment allowance, and has notified the employment service center that he has found a job immediately in such month. Consequently, Mr. G’s unemployment insurance premium payment period to be reserved is 5 months (1 month of unemployment allowance receipt is equivalent to 12-month unemployment insurance premium payment period).

Example 9: Mr. Nguyen Van H has a 52-month unemployment insurance premium payment period, he is entitled to receive 4 month’s unemployment allowance from April 2, 2022 to August 1, 2022, and a period of unemployment insurance premium payment to be reserved of 4 months. After the first month of unemployment allowance receipt, Mr. H fails to present to notify his job seeking, and stops receiving unemployment allowance from May 2, 2022. However, on July 4, 2022, Mr. H has notified that he has found a job from July 2, 202, consequently, he stops receiving unemployment allowance. Mr. H receives 2-month unemployment allowance (the first month and the fourth month), stops receiving unemployment allowance for 2 months (the second month and the third month), therefor his period of unemployment insurance premium payment to be reserved stated on the decision on stoppage of unemployment allowance receipt is 0 month (excluding 4 months of unemployment insurance premium payment to be reserved stated on the decision on payment of unemployment insurance premiums).

Example 10: Mr. Nguyen Van K has a 60-month unemployment insurance premium payment period, he is entitled to receive 5 month’s unemployment allowance from January 18, 2022 to June 17, 2022, and stops receiving unemployment allowance from March 18, 2022. However, on March 25, 2022, Mr. K notified that he has found a job from March 11, 2022, therefore he stops receiving unemployment allowance from March 11, 2022, and is not entitled to reservation of the period of unemployment insurance premium payment (due to Mr. K’s failure to notify that he has found a job within the prescribed time limit specified in Clause 9 Article 1 of Decree No. 61/2020/ND-CP).

b) Reservation of the period of unemployment insurance premium payment in case the employee fails to appear to receive unemployment allowance

The employee who fails to appear to receive unemployment allowance and fails to notify in writing to the social insurance agency after 3 months from the deadline for unemployment allowance receipt according to the decision on payment of unemployment allowance shall have the period of unemployment insurance premium payment reserved equivalent to the number of months of unemployment allowance receipt that has not yet been received by the employee. Period of unemployment insurance premium payment to be reserved shall be stated on the decision on reservation of the period of unemployment insurance premium payment.

Example 11: Ms. Nguyen Thi L has a 12-month unemployment insurance premium payment period, she is entitled to receive 3 months’ unemployment allowance. Ms L has received the first month of unemployment allowance. However, after 3 months from the deadline for unemployment allowance receipt, Ms. L does not appear to receive the unemployment allowance of the second and third months of unemployment allowance receipt. Consequently, Ms. L has received 1 month’s unemployment allowance (equivalent to 12 months of unemployment insurance premium payment), so that she has no unemployment insurance premium payment period to be reserved.

Example 12: Mr. Nguyen Van M has an 18-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance. Mr. M has not received unemployment allowance of the first month of unemployment allowance receipt; after that, Mr. M does not notify his job seeking and stops receiving unemployment allowance from the second month of unemployment allowance receipt until the end of the deadline for unemployment allowance receipt. After 3 months from the deadline for unemployment allowance receipt, Mr. M does not appear to receive unemployment allowance. Consequently, Mr. M’s unemployment insurance premium payment period to be reserved is 12 months (equivalent to 1 month of unemployment allowance receipt for which Mr. M fails to appear to receive unemployment allowance).

Example 13: Ms. Nguyen Thi N has a 29-month unemployment insurance premium payment period, she is entitled to receive 3 months’ unemployment allowance. Ms. H has received the first month of unemployment allowance, and suspends receiving unemployment allowance of the second month and continues to be entitled to the third month of unemployment allowance. However, after 3 months from the deadline for unemployment allowance receipt, Ms. N does not appear to receive the unemployment allowance of the third month of unemployment allowance receipt. Ms. N has received 1 month’s unemployment allowance and has 1 month’s unemployment allowance receipt suspended (equivalent to 24-month unemployment insurance premium payment period). Consequently, her unemployment insurance premium payment period to be reserved is 5 months.

Example 13a: Mr. Pham Van N has a 15-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance. Mr. N has received the first month of unemployment allowance, and notified his job seeking on the second month but does not appear to receive unemployment allowance for that month. Mr. N has his unemployment allowance receipt suspended in the third month. After 3 months from the deadline for unemployment allowance receipt, Ms. N does not appear to receive the unemployment allowance of the second month of unemployment allowance receipt. Consequently, Mr. N has received 1 month’s unemployment allowance (equivalent to 12 months of unemployment insurance premium payment), so that his unemployment insurance premium payment period to be reserved is 3 months.

dd) Reservation of the period of unemployment insurance premium payment in case the employee's period of payment of unemployment insurance premiums is certified by a social insurance agency after he/she stops receiving unemployment allowance.

- In case the employee has at least 36-month unemployment insurance premium payment to serve as a basis for settlement of entitlement to unemployment allowance, the period of payment of unemployment insurance premiums additionally certified by the social insurance agency shall be reserved for use as a basis for calculation for entitlement to unemployment allowance in case of fully satisfying the conditions as prescribed.

Example 13b: Mr. Nguyen Van P has a 42-month unemployment insurance premium payment period, he is entitled to receive 3 month’s unemployment allowance and a period of unemployment insurance premium payment to be reserved of 6 months. After stopping receiving unemployment allowance, Mr. P has 8 months of payment of unemployment insurance premiums additionally certified by the social insurance agency, such period shall be reserved for use as a basis for calculation for entitlement to unemployment allowance in case of fully satisfying the conditions as prescribed.

- In case the employee has less than 36-month unemployment insurance premium payment to serve as a basis for settlement of entitlement to unemployment allowance, the period of payment of unemployment insurance premiums additionally certified by the social insurance agency shall be reserved on the following principles:

Number of months of

unemployment insurance premium payment

additionally certified for reservation

=

Number of months of unemployment insurance premium payment considered for unemployment allowance receipt

+

Number of months of unemployment insurance premium payment

additionally

certified

-

Number of months of

unemployment insurance premium payment corresponding to the months of receiving unemployment allowance

-

Number of months of unemployment insurance premium payment corresponding to the number of months of

suspending

unemployment allowance receipt

 

Example 13c: Mr. Nguyen Van Q has a 13-month unemployment insurance premium payment period, he is entitled to receive 3 month’s unemployment allowance and has received full payment. After stopping receiving unemployment allowance, Mr. Q has 7-month unemployment insurance premium payment additionally certified by the social insurance agency. Therefore, Mr. Q’s received period is 3 months, equivalent to 36-months of unemployment insurance premium payment, Mr. Q's actually total unemployment insurance premium payment period is 20 months, therefore, he has no reserved unemployment insurance premium payment period additionally certified.

Example 13d: Mr. Nguyen Van R has a 25-month unemployment insurance premium payment period, he is entitled to receive 3 month’s unemployment allowance and has received full payment. After stopping receiving unemployment allowance, Mr. R has 15-month unemployment insurance premium payment additionally certified by the social insurance agency. Mr. R’s received period is 3 months, equivalent to 36-months of unemployment insurance premium payment, while Mr. R's actually total unemployment insurance premium payment period is 40 months, therefore, his unemployment insurance premium payment period without unemployment allowance entitlement settlement is 4 months.

Example 13dd: Mr. Nguyen Van S has a 16-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance. Mr. S receives 1-month unemployment allowance, then has a job, therefore, he stops receiving unemployment allowance and has 4-month unemployment insurance premium payment reserved. After stopping receiving unemployment allowance, he has 12-month unemployment insurance premium payment additionally certified by the social insurance agency. Mr. S’s received period is 1 month, equivalent to 12-months of unemployment insurance premium payment, while Mr. R's actually total unemployment insurance premium payment period is 28 months, therefore, his unemployment insurance premium payment period without unemployment allowance entitlement settlement is 12 months (excluding the reserved period of 4 months as stated in the decision on stoppage of unemployment allowance receipt).

Example 13e: Mr. Nguyen Van T has a 16-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance. Mr. T receives 2-month unemployment allowance, then has a job, therefore, he stops receiving unemployment allowance and has no unemployment insurance premium payment period to be reserved. After stopping receiving unemployment allowance, he has 12-month unemployment insurance premium payment additionally certified by the social insurance agency. Mr. T’s total unemployment insurance premium payment period is 28 months, he has received 2-month unemployment allowance, equivalent to 24-month unemployment insurance premium payment period, therefore Mr. T's unemployment insurance premium payment period to be reserved is 4 months.

Example 13g: Ms. Bui Thi V has a 29-month unemployment insurance premium payment period, she is entitled to receive 3 months’ unemployment allowance. Ms. V received the first month and third month of unemployment allowance; and has the second month of unemployment allowance payment suspended due to her failure to notify her job seeking as prescribed. After stopping receiving unemployment allowance, she has 08-month unemployment insurance premium payment additionally certified by the social insurance agency. Ms. V’s received period is 3 months, equivalent to 36-months of unemployment insurance premium payment, while Ms. V's actually total unemployment insurance premium payment period is 37 months, therefore, her unemployment insurance premium payment period without unemployment allowance entitlement settlement is 1 month.

2. For the cases specified at Points b, c, and d Clause 1 of this Article, the period of unemployment insurance premium payment to be reserved shall not include the number of months of unemployment insurance premium payment without settlement of entitlement to unemployment allowance as stated in the decision on payment of unemployment allowance that have been reserved by the social insurance agency.

3. The social security agency shall, based on the decisions concerning the entitlement of unemployment allowance and additional certification of the period of unemployment insurance premium payment for recording the reserved unemployment insurance premium payment period in the social insurance book in accordance with the Vietnam Social Security’s guidance.”

5. To amend and supplement Clauses 3 and 5 Article 10 as follows:

“3. The employee receiving unemployment allowance is not required to directly notify on a monthly basis his/her job seeking if the time of notification is in the course of occurrence of one of the following cases:

a) The employee is aged full 60 years or older (for male) or full 55 years or older (for female);

b) The employee is sick as certified by a competent health establishment;

c) The employee has the maternity leave certified by the competent health establishment. If an employee whose wife dies after childbirth has to raise his child directly, his child’s birth certificate and his wife’s death certificate are required;

d) The employee has an accident as certified by the traffic police or a competent health establishment;

dd) The employee suffers from a fire, flood, earthquake, tsunami, enemy sabotage or epidemic, which is certified by the Chairperson of the People’s Committee of commune, ward or town;

e) The employee’s parents, spouse or child dies; the employee or his/her child gets married, which is certified by the People’s Committee of commune, ward or town;

g) The employee is participating a vocational course under a decision of the Director of provincial-level Department of Labor, Invalids and Social Affairs which is certified by the vocational training institution;

h) The employee is performing a contract with a term of less than 1 month;

i) The employee goes to voluntary detoxification with certification from the detoxification facility or Chairperson of the People's Committee of commune, ward or town;

k) The employee changes his/her place of receiving unemployment allowance as prescribed in Clause 5 of this Article.

The employee must inform the employment service center (via telephone, email or fax, etc.) of the reason for not appear to notify, and within 3 working days from the deadline for sending monthly notification on his/her job seeking as prescribed, send a certified letter or authorize another person to submit the original or certified copy of one of the above documents proving that he/she is not required to notify directly to the employment service center where he/she is receiving unemployment allowance, except for the cases specified at Point a of this Clause. In case of sending via post office, the date of sending notification shall be the sending date as stated on the post office seal.

5. The employee shall notify his/her job seeking when changing the place of unemployment allowance receipt as follows:

In case the date of notifying the employee's job seeking is within the period of 15 working days from the date of receiving the dossier of changing the place of unemployment allowance receipt, but before the date of submission such dossier to the employment service center where he/she will move to, the employee is not required to directly send monthly notification on his/her job seeking. The employee shall notify the employment service center of the place where he/she will move to in accordance with Clause 3 of this Article.

If the date of notifying the employee's job seeking is after 15 working days from the date of receiving the dossier for changing the place of receiving unemployment allowance, the employee shall notify in accordance with Clause 1 of this Article.

If the employee has received the dossier for changing the place of unemployment allowance receipt but has not yet summited to the employment service center in the locality where he/she will move and no longer needs to change the place of unemployment allowance receipt, the employee shall send the notification on job seeking as prescribed in Clause 1 of this Article to the employment service center in the locality from which he/she moves.

In case the date of notifying the employee's job seeking is within the period of 15 working days from the date of receiving the dossier of changing the place of unemployment allowance receipt, but after the date of submission such dossier to the employment service center where he/she will move to, the employee shall directly send monthly notification on his/her job seeking as prescribed in Clause 1 of this Article to the employment service center where he/she will move to.

Example 14: Mr. Nguyen Van X is entitled to unemployment allowance in Hanoi and wishes to change his place of unemployment allowance receipt to Ca Mau. On May 10, 2022, Mr. X receives the dossier for changing the place of unemployment allowance receipt; on May 19, 2022, he submits such dossier to the employment service center of Ca Mau province. The date of notifying the job seeking of the month of entitlement of unemployment allowance, on which Mr. X is carrying out the procedures for changing the place of receiving unemployment allowance, is from May 15, 2022 to May 13, 2022 (before the period of 15 working days from the date Mr. X receives the dossier for changing the place of unemployment allowance receipt). Therefore, Mr. X is not required to directly send monthly notification on his job seeking.

Example 15: Mr. Dinh Van X is entitled to unemployment allowance in Hai Duong and wishes to change his place of unemployment allowance receipt to Vinh Long. On May 10, 2022, Mr. X receives the dossier for changing the place of unemployment allowance receipt; on May 19, 2022, he submits such dossier to the employment service center of Vinh Long province. The date of notifying the job seeking of the month of entitlement of unemployment allowance, on which Mr. X is carrying out the procedures for changing the place of receiving unemployment allowance, is from May 20, 2022 to May 24, 2022 (within 15 working days from the date Mr. X receives the dossier for changing the place of unemployment allowance receipt). Consequently, Mr. X must directly send a notification on job seeking to the employment service center of Vinh Long province from May 20, 2022 to May 24, 2022 as prescribed.

Example 15a: Ms. Nguyen Thi Y is entitled to unemployment allowance in Bac Ninh and wishes to change her place of unemployment allowance receipt to Bac Lieu. On April 4, 2022, Ms. Y receives the dossier for changing the place of unemployment allowance receipt, and carries out the procedures for submitting the dossier of changing the place of unemployment allowance receipt to the employment service center of Bac Lieu province. The date of notifying the job seeking of the month of entitlement of unemployment allowance on which Ms. Y is carrying out the procedures for changing the place of unemployment allowance receipt is from May 25, 2022 to May 27, 2022 (after the period of 15 working days from the date of receiving the dossier for changing the place of unemployment allowance receipt), therefore, Ms. Y shall notify her job seeking on a monthly basis to the employment service center of Bac Lieu province from May 25, 2022, to May 27, 2022.”

6. To amend Clause 4 Article 12 and add Clauses 7, 8, 9 to Article 12 as follows:

“4. In case the employee requests vocational training support as prescribed in Clause 3 Article 24 of Decree No. 28/2015/ND-CP, amended and supplemented under Decree No. 61/2020/ND-CP, after 3 months from the deadline for returning the result of processing the dossier for vocational training support, if the employee does not appear to receive the social insurance book, the employment service center shall, within 3 working days from the last day of 3 months as mentioned above, transfer the employee’s social insurance book to the provincial-level social insurance agency for management.

7. Within 20 working days after receiving a complete dossier of request for vocational training support, the employment service center shall submit to the director of the provincial-level Department of Labor, Invalids and Social Affairs for decision on provision of vocational training support for the employee fully satisfying the conditions for vocational training support as prescribed.

Example 17a: Ms. Nguyen Thi Q receives unemployment allowance from March 4, 2022, to June 3, 2022. On April 4, 2022, Ms. Q submits the request for vocational training support. On April 6, Ms. Q finds a job. Ms. Q finds a job within 15 days from the date of submitting the dossier for vocational training support, therefore she fails to fully satisfy the conditions for vocational training support as prescribed in Clause 1 Article 55 of the Law on Employment.

Example 17b: Ms. Nguyen Thi S receives unemployment allowance from April 5, 2022, to July 4, 2022. On May 6, 2022, Ms. S submitted the request for vocational training support in province A and until May 22, 2022, she has not yet found a job. Ms. S fully satisfies the conditions for vocational training support in accordance with Article 55 of the Law on Employment, therefore, from May 23, 2022, to June 3, 2022, the employment service center shall submit to the Director of the Department of Labor, Invalids and Social Affairs of province A for issuance of a decision on vocational training support for Ms. S.”

8. For an employee wishes to participate in a vocational training course being conducted by a vocational training institution, he/she shall be supported to participate in this vocational training course if the time of starting vocational training up to the time of issue decisions on vocational training support for no more than one month and the vocational training institution ensures full training of knowledge for the period before issuing the decision on vocational training support. The time the employee receives the vocational training support is the first day of the vocational training course, the last day of the vocational training support is the last day of the period of vocational training support as prescribed in Article 56 of the Law on Employment.

Example 17c: On March 7, 2022, Mr. Bui Minh T requests for support for vocational training in civil electricity with a training period of 9 months at vocational training institution X; this vocational training course starts from March 1, 2022, to November 30, 2022. Mr. T fully satisfies the conditions for vocational training support as prescribed in Article 55 of the Law on Employment. On March 24, 2022, the Director of the provincial-level Department of Labor, Invalids and Social Affairs issues the decision on vocational training support for Mr. T, with a period of 6 months, from March 1, 2022, to the end of August 31, 2022.”

9. In case the employee is entitled to unemployment allowance at the place of issuing the decision on payment of unemployment allowance and requests for vocational training support in another locality, the employment service center of the place where the employee receives vocational training support shall send a decision on vocational training support to the employment service center where the employee is receiving unemployment allowance.

In case the employee has changed his/her place of unemployment allowance receipt, then requests and receives vocational training support in a locality other than the one he/she is receiving unemployment allowance, the employment service center where he/she requests for vocational training support shall send a decision on vocational training support to the employment service center that has issued the decision on payment of unemployment allowance, at the same time, determine and send one copy of the decision on vocational training support to the employment service center where the employee is receiving unemployment allowance.”

7. To amend and issue Forms No. 01, 02, 03, 05, 06, 07, 08, 10, 12, 13, 16, 22, 23, 24, 34 and 35 of Circular No. 28/2015/TT-BLDTBXH.

8. To repeal Clause 2 Article 10 of Circular No. 28/2015/TT-BLDTBXH.

9. To repeal Clause 1 Article 12 and the phrase “one copy of the decision on cancellation of decision on vocational training support shall be sent to the provincial-level social insurance agency for non-provision of support to the vocational training institution; one copy of the decision on cancellation of decision on vocational training support shall be sent to the vocational training institution for non-provision of vocational training to the employee, and one copy of the decision on cancellation of decision on vocational training support shall be sent to the employee. The decision on cancellation of decision on vocational training support shall be made using Form No. 20 to this Circular” in Clause 2 Article 12 of Circular No. 28/2015/TT-BLDTBXH.

10. To repeal Forms No. 04, 09, 17, 18, 19, and 20 of Circular No. 28/2015/TT-BLDTBXH.

Article 2. Effect

1. This Circular takes effect from February 15, 2024.

2. Forms being components of the dossier for carrying out administrative procedures that have been received before the effective date of this Circular but have not yet been processed shall continue to comply with Circular No. 28/2015/TT-BLDTBXH.

3. The Director of the Department of Employment, heads of state authorities under the Ministry of Labor, Invalids and Social Affairs, and relevant agencies, organizations and individuals shall implement this Circular.

Any difficulties arising in the course of implementation should be promptly reported to the Ministry of Labor, Invalids and Social Affairs for study and settlement./.

 

 

FOR THE MINISTER

THE DEPUTY MINISTER

 

Le Van Thanh

 

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