Circular 28/2015/TT-BLDTBXH guiding Decree 28/2015/ND-CP regarding unemployment insurance

CIRCULAR

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. 106/2012/ND-CP dated December 20, 2012, 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;

At the request of the Director of Department of Employment,

The Minister of Labor, Invalids and Social Affairs promulgates the Circular 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.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides 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 2. Subjects of application

This Circular’s subjects of application are those defined in Article 2 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 Decree No. 28/2015/ND-CP).

Chapter II

PARTICIPATION IN UNEMPLOYMENT INSURANCE AND PAYMENT OF UNEMPLOYMENT INSURANCE PREMIUMS

Article 3. Participation in unemployment insurance defined in Clause 2, Article 11 of Decree No. 28/2015/ND-CP

1. Each employer shall make a dossier for participation in unemployment insurance for an employee who is obliged to participate in unemployment insurance and submit it to the social insurance organization within 30 days after such employee’s labor contract or working contract takes effect.

2. If an employee signs many labor contracts that are all obliged to participate in unemployment insurance and he/she currently participates in unemployment insurance under the first effective labor contract and the termination or change of this labor contract leads to his/her non-obligation to participate in unemployment insurance, the employer that is obliged to participate in unemployment insurance under the subsequent effective labor contract under the laws shall make a dossier for participation in unemployment insurance for the employee and submit it to the social insurance organization within 30 days after the former contract is terminated or changed. In this case, the dossier for participation in unemployment insurance shall be submitted together with the dossier for participation in compulsory social insurance of the employee.

3. In case an employer had signed a seasonal contract or job-based contract of between full 3 months and under 12 months with an employee before January 1, 2015 and is performing this contract, the employer is obliged to pay unemployment insurance premiums for such employee from January 01, 2015 if the remaining duration of the contract is 3 months or more, counting from January 01, 2015.

Article 4. Payment of unemployment insurance premiums

1. Each employee shall pay unemployment insurance premiums under the wage regime decided by his/her employer. In case the monthly wage on which unemployment insurance premiums are based is higher than the twenty months’ region-based minimum wage, the employer and the employee shall pay the unemployment insurance premiums according to the monthly wage equal to twenty months’ region-based minimum wage from January 1, 2015.

2. Order and procedures for payment of unemployment insurance premiums shall comply with the Vietnam Social Security’s guidance.

Chapter III

SUPPORT FOR JOB COUNSELING AND RECOMMENDATION
 

Article 5. Order and procedures for job counseling and recommendation defined in Article 15 of Decree No. 28/2015/ND-CP

1. Employees shall fully fill in a job counseling and recommendation form with their personal information, need for counseling, need for job recommendation, made using the Form No. 01 issued together with this Circular and submit it to employment service centers under Department of Labor, Invalids and Social Affairs of provinces or centrally-run cities (hereinafter referred to as the employment service centers).

2. The employment service centers shall be responsible for receiving the counseling and recommendation forms and provide employees with appropriate job recommendation, based on the employee’s need and ability, and the employers’ recruitment demand.

3. The employment service centers shall send employees a letter of job recommendation, made using the Form No. 2 issued together with this Circular for application.

4. The employment service centers shall monitor the results of application to promptly support the employees.

Article 6. Refusal of jobs defined at Point dd, Clause 1, Article 21 of Decree No. 28/2015/ND-CP

An employee currently receiving unemployment allowance who refuses to take up a job in one of the following cases shall be regarded as refusing without a plausible reason:

1. The job is suitable to the employee’s discipline and qualifications that he/she has filled in the Form No. 01 issued together with this Circular but he/she does not participate in the recruitment.

2. The job recommended by the employment service center is the job he/she used to perform but he/she does not participate in the recruitment.

3. The employee has participated in the recruitment under the recommendation of the employment service center in the locality where he/she currently receives unemployment allowance and received the employer’s notice of employment but he/she refuses the job, except for case where the job differs from the one described in the employer’s recruitment notice.

Chapter IV

UNEMPLOYMENT ALLOWANCE

Article 7. Employees refusing unemployment allowance

Within 15 working days after submitting a dossier of request for unemployment allowance, if the employee no longer wishes to receive unemployment allowance, he/she shall directly submit a written refusal of unemployment allowance, made using the Form No. 08 issued together with this Circular to the employment service center in the locality where he/she submits the dossier of request for unemployment allowance.

The employment service center shall be responsible for returning the dossier of request for unemployment allowance to the employee on the date stated in the slip of appointment for returning dossier-processing results.

Article 8. Unemployment allowance level and duration of unemployment allowance receipt

1. An employee’s monthly unemployment allowance level shall be determined as follows:

a) In case the payment for unemployment insurance premiums is interrupted for the last months before unemployment, the monthly unemployment allowance level shall be determined based on the average monthly wage of 6 consecutive months on which unemployment insurance premiums are based before the employee terminates the labor contract or working contract under law regulations.

Example 1: Ms. Nguyen Thi A has signed a labor contract of a term of 24 months with E primary school with the monthly wage as follows: VND 2,000,000 from September 1, 2013 to August 31, 2014 and VND 4,000,000 from September 1, 2014 to August 31, 2015. However, from January 1, 2015 to June 30, 2015, Ms. A is on maternity leave. Subsequently, due to difficult conditions, Ms. A fails to continue performing the labor contract and submits a resignation letter in accordance with law on labor and on July 1, 2015, the E primary school issues a decision on approval of resignation for Ms. A, which takes effect on the signing date. The wage level on which the unemployment allowance premiums are based is the average monthly wage of six consecutive months before her resignation (July, August, September, October, November and December, 2014). Ms. A’s monthly unemployment allowance equals (VND 2,000,000 x 2 months + VND 4,000,000 x 4 months)/6 x 60% = VND 2,000,000.

Example 2: Mr. Dao Van B pays the unemployment insurance premiums for 38 consecutive months (from January 1, 2012 to February 28, 2015), the monthly wage on which the unemployment insurance premiums are based of the last 6 months before labor contract termination (from September  2014 to February 2015) is VND 8,000,000. Mr. B receives the unemployment allowance for 3 months (from April 5, 2015 to July 4, 2015). On May 2, 2015, Mr. B signs a labor contract of a term of 12 months with the enterprise X (the monthly wage on which the unemployment insurance premiums are based is VND 7,000,000) and notifies the employment service center in accordance with regulations. From May 2, 2015, Mr. B stops receiving unemployment allowance and the unemployment insurance payment period of 26 months was preserved. On July 28, 2015, due to his sickness subject to long-term treatment, Mr. B agrees with the enterprise X on termination of the labor contract and requests for the unemployment allowance for the second time. Six consecutive months with payment of unemployment insurance premiums for calculation of unemployment allowance level comprise: December 2014 and January, February, May, June and July, 2015. Consequently, his monthly unemployment allowance equals (VND 8,000,000 x 3 months + VND 7,000,000 x 3 months)/6 x 60% = VND 4,500,000.

b) The monthly unemployment allowance level shall not exceed 5 times of the basic wage level, for employees receiving wages under the State-prescribed regime, or shall not exceed 5 times of the region-based minimum wage level under the Labor Code, for employees who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract.

Example 3: On January 1, 2015, Mr. Trinh Xuan C signs a labor contract of a term of 12 months with the enterprise F with the monthly wage level of VND 70,000,000. The enterprise F operates in the region I which applies the monthly region-based minimum wage level of VND 3,100,000 as specified by the Government. Therefore, the monthly wage on which the unemployment insurance premiums are based is: 20 x VND 3,100,000 = VND 62,000,000.

On September 28, 2015, Mr. C agrees with the enterprise F on termination of the labor contract and signs a labor contract of a term of 03 months with the enterprise G (from October 1, 2015 to December 31, 2015) with the monthly wage of VND 80,000,000. The enterprise G’s headquarters operates in the region IV which applies the monthly region-based minimum wage level of VND 2,150,000 as specified by the Government; Mr. C does not work at its headquarter but at a branch that operates in the region III which applies the monthly region-based minimum wage level of VND 2,400,000 as specified by the Government. Thus, Mr. C pays the unemployment insurance premiums at the social insurance organization where the branch operates with the monthly wage level equal: 20 x VND 2,400,000 = VND 48,000,000.

When the labor contract with the enterprise G expires, Mr. C submits a dossier of request for unemployment allowance. 60% of average monthly wage of 6 consecutive months before labor contract termination equals (VND 62,000,000 x 3 months + VND 48,000,000 x 3 months)/6 x 60% = VND 33,000,000. However, in accordance with regulations, Mr. C’s monthly unemployment allowance level must not exceed 5 times of the region-based minimum wage level defined at the time of labor contract termination. Therefore, Mr. C’s monthly unemployment allowance equals VND 12,000,000 (VND 2,400,000  x 5 = VND 12,000,000).

2. The number of months of receipt of unemployment insurance premiums defined in Clause 4, Article 21 of Decree No. 28/2015/ND-CP shall be guided as follows:

The number of months of unemployment allowance receipt shall be calendar months. 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 previous date of the same date of the next month.

Example 4: Mr. Cao Van D is entitled to receive 3 months’ unemployment allowance; the duration of unemployment allowance receipt of Mr. D shall be counted from March 11, 2015 to June 10, 2015. The number of months of unemployment allowance receipt shall be determined as follows:

The first month of unemployment allowance receipt is from March 11, 2015 to the end of April 10, 2015;

The second month of unemployment allowance receipt is from April 11, 2015 to the end of May 10, 2015;

The third month of unemployment allowance receipt is from May 11, 2015 to the end of June 10, 2015.

3. Order, procedures and method of payment for unemployment allowance shall comply with the Vietnam Social Security’s guidance.

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

1. Reservation of the period of unemployment insurance premium payment shall be determined as follows:

2. The employee’s unemployment insurance premium payment period shall be reserved in the following cases:

a) The employee fails to appear to receive the decision on payment of unemployment allowance as specified in Clause 3, Article 18 of Decree No. 28/2015/ND-CP.

After the Director of provincial-level Department of Labor, Invalids and Social Affairs issues the decision on cancellation of decision on payment of unemployment allowance, the employment service center shall return the dossier to the employee. After 3 months from the deadline for result notification, if the employee fails to appear to receive the social insurance book at the employment service center, within 3 working days from the end of the above-mentioned three-month period, the employment service center shall transfer his/her social insurance book to the provincial-level social security for management.

Example 5: Mr. Tran Van D has 36-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance. The appointment date for results is March 16, 2015. However, until March 18, 2015 (after 2 working days), Mr. D does not appear to receive the decision on payment of unemployment allowance as specified. Therefore, within 7 working days from the deadline for receiving the decision on payment of unemployment allowance as defined, the employment service center shall submit the decision on cancelation of decision on payment of unemployment allowance related to Mr. D to the Director of provincial-level Department of Labor, Invalids and Social Affairs. Mr. D’s period of unemployment insurance premium payment to be reserved is 36 months.

b) The employee fails to appear to receive unemployment allowance as specified in Clauses 6, Article 18 of Decree No. 28/2015/ND-CP.

The social insurance organization shall, based on the decision on reservation of unemployment insurance premium payment period, record the reserved payment period in the social insurance book in accordance with the Vietnam Social Security’s guidance.

Example 6: Mr. Tran Van S has a 36-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance. His duration of unemployment allowance receipt shall be determined from February 20, 2015 to May 19, 2015. However, until August 19, 2015 (after 3 months from the deadline for unemployment allowance receipt), Mr. S does not appear to receive the unemployment allowance of the third month of unemployment allowance receipt. Consequently, Mr. S’s unemployment insurance premium payment period to be reserved is 12 months (equivalent to 1 month of unemployment allowance receipt for which Mr. S fails to appear to receive unemployment allowance).

Example 7: Ms. Le Thi T has a 12-month unemployment insurance premium payment period, she is entitled to receive 3 months’ unemployment allowance. Her duration of unemployment allowance receipt shall be determined from July 6, 2015 to October 5, 2015. However, until January 5, 2016 (after 3 months from the deadline for unemployment allowance receipt), Ms. T does not appear to receive the unemployment allowance of the second and third months of unemployment allowance receipt. Consequently, Ms. T 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 8: Ms. Bui Xuan H has a 29-month unemployment insurance premium payment period, she is entitled to receive 3 months’ unemployment allowance. Her duration of unemployment allowance receipt shall be determined from March 9, 2015 to June 8, 2015. Ms. H has received the unemployment allowance of the first month and the payment of unemployment allowance of the second month has been suspended. In the third month, Ms. H go to the employment service center to give the monthly job seeking as defined so that she is entitled to receive the unemployment allowance of the third month. However, until September 8, 2015 (after 3 months from the deadline for receipt of unemployment allowance), Ms. H does not receive the unemployment allowance of the third month. Ms. H has received 1 month’s unemployment allowance (equivalent to 12-month unemployment insurance premium payment period) and has 1 month’s unemployment allowance suspended to pay (equivalent to 12-month unemployment insurance premium payment period). Consequently, her unemployment insurance premium payment period to be reserved is 5 months.

c) The employee has the remaining unemployment insurance premium payment period for which he/she has not received any unemployment allowance (hereinafter referred to as the remaining payment period) as specified in Clause 7, Article 18 of Decree No. 28/2015/ND-CP.

The social security organization shall, according to the decision on payment of unemployment allowance issued by the Director of provincial-level Department of Labor, Invalids and Social Affairs, record the reserved unemployment insurance premium payment period in the social insurance book in accordance with the Vietnam Social Security’s guidance.

Example 9: On March 24, 2015, Mr. Tran Quang P terminates the labor contract. Mr. P has a 47-month unemployment insurance premium payment period,  he is entitled to receive 3 month’s unemployment allowance (equivalent to 36-month unemployment insurance premium payment period). His payment period to be preserved is 11 months.

After the duration of unemployment allowance receipt, Mr. P concludes a  labor contract of a term of 3 months with the enterprise F (from September 5, 2015 to December 4, 2015) and continues to participate in unemployment insurance. When the labor contract with the enterprise F expires, he submits a dossier of request for unemployment allowance for the second time. Therefore, his total remaining unemployment insurance premium payment period without receipt of unemployment allowance is 14 months. If satisfying all requirements for unemployment allowance, he shall receive 3 month’s unemployment allowance.

Example 10: Mr. Do Van G has a 35-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance and there is no remaining payment period to be reserved as defined in Clause 7, Article 18 of Decree No. 28/2015/ND-CP.

d) The employee on unemployment allowance must stop receiving it as defined in Clause 5, Article 21 Decree No. 28/2015/ND-CP.

The social security organization shall, based on the decision on stoppage of unemployment allowance payment, record the reserved unemployment insurance premium payment period in the social insurance book in accordance with the Vietnam Social Security’s guidance.

Example 11: Mr. Nguyen Van V has a 38-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance and has 2-month payment period reserved as defined in Point c, Clause 2 of this Article. His duration of unemployment allowance receipt shall be determined from March 2, 2015 to June 1, 2015 (the first month of unemployment allowance receipt is from March 2, 2015 to April 1, 2015; the second month is from April 2, 2015 to May 1, 2015; the third month is from May 2, 2015 to June 1, 2015). However, on April 25, 2015, Mr. V has to do his military service. He does not receive unemployment allowance of the last month due to the stoppage of unemployment allowance payment, so his 12-month unemployment insurance premium payment period is reserved. Therefore, his total payment period to be equals 12 months + 2 months = 14 months.

Example 12: Mr. Nguyen Van L has a 36-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance. His duration of unemployment allowance receipt shall be determined from March 10, 2015 to June 9, 2015. On May 12, 2015, Mr. L notifies the employment service center of having a job in order for employment service center to stop the payment of unemployment allowance. However, on April 8, 2015, he concludes a labor contract with a term of 12 months with the enterprise P and the contract takes effect from the signing date. Consequently, his unemployment allowance receipt is stopped on April 8, 2015.

Example 13: Mr. Do Van X has a 13-month unemployment insurance premium payment period, he is entitled to receive 3 months’ unemployment allowance. His duration of unemployment allowance receipt shall be determined from March 3, 2015 to June 2, 2015. However, on March 25, 2015 he has a job. Accordingly, he has received the first month of unemployment allowance (from March 3, 2015 to April 2, 2015) equivalent to 12-month unemployment insurance premium payment period and his payment period to be reserved is 1 month.

3. The employee’s unemployment insurance premium payment period to be reserved as defined in Clauses 5, 6 and 7, Article 18 and Clause 5, Article 21 of Decree No. 28/2015/ND-CP shall be the payment period counted from the last unemployment insurance premium payment month before the receipt of unemployment allowance.

4. The employee has the unemployment insurance premium payment period reserved as defined shall comply with the procedures for reservation of his/her payment period in accordance with the Vietnam Social Security’s guidance.

Article 10. Notification of job seeking defined in Article 52 of the Law on Employment

1. During the duration of unemployment allowance receipt, on a monthly basis, the employee shall notify directly his/her job seeking to the employment service center where he/she currently receives unemployment allowance, made using the form No. 16 issued together with this Circular, except for cases specified in Clauses 2 and 3 of this Article.

2. An employee currently receiving unemployment allowance is not required to monthly notify his/her job seeking in 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 suffers from a disease defined in the list of long-term diseases 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 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;

dd) The employee is performing a labor contract of seasonal job or certain job lasting for less than 03 months.

Within 3 working days from the date on which the employee falls into one of the cases specified at Points b, c, d, and dd of this Clause, the employee must send a registered letter or authorize another person to submit a written request for exemption from monthly notification of job seeking, made using the form No. 17 issued together with this Circular and an original copy or a certified copy of one of the above-mentioned documents to the employment service center where he/she is receiving unemployment allowance, if the document is sent by post, the sending date shall be the date on the postmark. After the duration of one of the above cases, the employee must continue to send monthly notice on job seeking in accordance with regulations.

Example 14: Ms. Tran Thi T receives a decision on payment of 6 months’ unemployment allowance within from March 2, 2015 to September 1, 2015 (the date of monthly notification of job seeking shall be the appointment date of result announcement, for the first month of unemployment allowance receipt; from April 3 to April 7, for the second month of unemployment allowance receipt; from May 4 to May 6, for the third month of unemployment allowance receipt; from June 3 to June 5, for the fourth month of unemployment allowance receipt; from July 3 to July 7, for the fifth receipt month; from August 3 to August 5, for the sixth receipt month). Ms. T receives a decision on vocational training support issued by the Director of provincial-level Department of Labor, Invalids and Social Affairs with 3-month duration of from April 15, 2015 to July 15, 2015. Accordingly, on  April 20, 2015 at the latest (3 working days after the date on which she participate in the vocational training), Ms. T must send the certification of participation in vocational training issued by the vocational training institution to the employment service center where she is receiving unemployment allowance. In the third, fourth, and fifth months of unemployment allowance receipt, she is not required to send the notice on job seeking. However, in the sixth receipt month, she must send the notice on job seeking in accordance with regulations.

3. The employee receiving unemployment allowance must not 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 suffers from a sickness not defined in the list at Point b, Clause 2 of this Article, which is certified by a competent health establishment;

b) The employee encounters an accident, which is certified by the competent traffic police or health establishment;

c) The employee encounters 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;

d) 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.

If the employee fails to come to the employment service center, within 3 working days from the deadline for monthly notification as specified, the employee must send registered letter or authorize another person to submit an original copy or a certified copy of one of the above-mentioned documents to the employment service center where he/she is receiving unemployment allowance, if the document is sent by post, the sending date is the date on the postmark.

4. The date of monthly notification of job seeking shall be specified in the Appendix of the decision on unemployment allowance payment as follows:

a) The notification date of the first month of unemployment allowance receipt is the date on which the decision on payment of unemployment allowance is received according to the slip of appointment for returning results;

b) From the second month, the employee must send the monthly notice within 3 working days from the first date of the month of unemployment allowance receipt.

5. If a notification date falls on the duration of implementation of procedures for change of the place of receiving unemployment allowance as specified in Article 22 of Decree No. 28/2015/ND-CP, the employee must not send monthly notice on job seeking to the employment service center.

Example 15: Ms. Nguyen Lan Y receives a decision on payment of 3 months’ unemployment allowance. The first month of unemployment allowance receipt is from July 2, 2015 to August 1, 2015; the second month is from August 2, 2015 to September 1, 2015; the third month is from September 2, 2015 to October 1, 2015). After receiving the unemployment allowance of the first month, on July 28, 2015, Ms. Y requests for change in the place of receiving unemployment allowance while her second notification date falls from August 3 to August 5, 2015. Therefore, Ms. Y must not send the monthly notice to the old or new employment service center without any suspension from unemployment allowance receipt.

6. The employee currently receiving unemployment allowance shall be considered fulfilling his/her obligation to notify on a monthly basis his/her job seeking if his/her notices on job seeking have accurate and sufficient contents and the employee is responsible for such contents.

Chapter V

VOCATIONAL TRAINING SUPPORT

Article 11. Submission of dossiers of request for vocational training support

An employee who wishes to receive vocational training shall directly submit a dossier of request for vocational training support under Clause 2, Article 25 of Decree No. 28/2015/ND-CP. To be specific:

1. An employee currently receiving unemployment allowance shall submit a dossier of request for vocational training support to the employment service center where the employee is receiving the unemployment allowance.

Example 16: Ms. Mai Thi K is receiving unemployment allowance in Hai Duong province. During the unemployment allowance receipt period, Ms. K wishes to receive vocational training. She must submit a dossier of request for vocational training support to the employment service center of Hai Duong province in order that the center considers and advises the vocational training and submit to the Director of Department of Labor, Invalids and Social Affairs of Hai Duong province for decision of the vocational training support.

2. An employee who has the unemployment insurance payment period of full 9 months or more, does not receive any unemployment allowance and wishes to receive vocational training shall submit a dossier of request for vocational training support and a dossier of request for unemployment allowance to the employment service center of the locality where the employee wishes to receive vocational training.

Example 17: Mr. Nguyen Van M works in Binh Duong province and has a consecutive unemployment insurance payment period of 11 months. After terminating the labor contract, Mr. M wishes to receive vocational training in Ho Chi Minh City, he shall submit a dossier of request for vocational training support and a dossier of request for unemployment allowance to the employment service center of Ho Chi Minh City.

Article 12. Provision of vocational training support

1. The employment service center shall be responsible for considering an employee’s dossier of request for vocational training support to determine the jobs, vocational training duration, starting time of training, vocational training support level, vocational training institution, and submit to the Director of provincial-level of Labor, Invalids and Social Affairs for decision on vocational training support. The starting time of training shall be a date after the issuing date of the decision on vocational training support but does not exceed 3 months from the deadline for unemployment allowance receipt specified in the decision on payment of unemployment allowance issued by the Director of provincial-level Department of Labor, Invalids and Social Affairs.

2. Within 2 working days stated in the slip of appointment of returning results, if the employee does not appear to receive the decision on vocational training support, he/she is considered to have no need for vocational training support, except for the case defined in Clause 3 of this Article. Within 7 working days, from the deadline for receipt of the decision on vocational training support as specified, the employment service center shall submit the Director of provincial-level Department of Labor, Invalids and Social Affairs the decision on cancellation of decision on vocational training support.

The employment service center shall send one copy of the decision on cancellation of decision on vocational training support to the provincial-level Social Insurance Agency for non-provision of support to the vocational training institution; one copy to the vocational training institution for non-provision of vocational training to the employee, and one copy to the employee. The decision on cancellation of decision on vocational training support shall be made using the form No. 20 issued together with this Circular.

3. Within 2 working days, from the deadline for receipt of the decision on vocational training support, the employee may receive or authorize another person to receive the decision on vocational training support in one of the following cases:

a) The employee suffers from a sickness or has maternity leave, which is certified by a competent health establishment;

b) The employee encounters an accident, which is certified by the competent traffic police or health establishment;

c) 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;

4. Within 3 months from deadline of returning results of settlement of dossier of request for vocational training support, for cases specified in Clause 2, Article 11 of this Circular, if the employee fails to come to the employment service center to receive his/her social insurance book, the employment service center shall transfer such social insurance book to the provincial social security agency for management.

5. On a monthly basis, vocational training institutions shall make a list of employees participating vocational training with their signatures and send it to social security organization for monthly payment and settlement of support for vocational training support and their actual learning time.

6. Order, procedures and method of paying vocational training support shall comply with the Vietnam Social Security’s guidance.

Chapter VI

SUPPORT FOR TRAINING AND RETRAINING TO IMPROVE OCCUPATIONAL SKILLS QUALIFICATIONS FOR JOB MAINTENANCE FOR EMPLOYEES

Article 13. Written request for financial support for training and retraining to improve occupational skills qualifications for job maintenance for employees

A written request for financial support for training and retraining to improve occupational skills qualifications for job maintenance for employees must include the following main contents:

1. General information of the unit: name; address; date of establishment; line or field of production and business, representatives.

2. Production and business situation of the unit.

3. Number of employees in the unit, number of employees facing risk of reduction at the time of requesting for support (excluding employees working under a labor contract with a term of under 3 months), number of employers requesting for support.

4. Causes of restructuring or change of production and business technologies.

5. Funds required for training and retraining activities to improve occupational skills qualifications for employees (together with a detailed estimate, including expenditures on implementation of plans for training and retraining to improve occupational skills qualifications for job maintenance for employees).

6. Commitments on organization of training and retraining to improve occupational skills qualifications and use of employees according to the approved plan.

Article 14. Plan for training and retraining to improve occupational skills qualifications and job maintenance

Each plan for training and retraining to improve occupational skills qualifications and job maintenance shall include the following basic contents:

1. General information of the unit: name; address; date of establishment; line or field of production and business, representatives.

2. The list of employees participating in training and retraining to improve occupational skills qualifications for job maintenance in the unit, training lines; training duration and places of each employee.

3. The training institution (clearly stating the institution affiliated to the unit or joint training institution, if it is a joint training institution, an agreement on joint training is required and the training institution must register the vocational training in accordance with law on vocational training).

4. Form of training and expected opening and closing time of the course.

5. The plan for job maintenance for employees after training and retraining to improve occupational skills qualifications includes the following contents:

a) Number of employees who continue working or change positions appropriate to the plan for change of production and business technologies;

b) Commitment of the employer to use employees according to the plan. If the employees are not offered a job, the employer must refund all support for training and retraining to improve occupational skills qualifications.

6. Detailed estimates of operation funds.

Article 15. Financial support levels for training and retraining to improve occupational skills qualifications for job maintenance defined in Clause 1, Article 4 of Decree No. 28/2015/ND-CP

1. If the course is provided in a vocational training institution, the specific support level for training and retraining to improve occupational skills qualifications for job maintenance for employees shall be paid monthly according to actual learning time, tuition fees of every discipline or training course as defined by the vocational training institution but not exceed the support level specified in Clause 1, Article 4 of Decree No. 28/2015/ND-CP.

2. If the training course is implemented by the employer, the specific support level for training and retraining to improve occupational skills qualifications for job maintenance for employees shall be paid monthly according to actual learning time of every discipline or training course but not exceed the support level specified in Clause 1, Article 4 of Decree No. 28/2015/ND-CP.

3. If the duration of a vocational course is not in full months, the duration of under 15 days shall be rounded up to a half of month and the duration of 15 days or more shall be rounded up to 1 month to determine the financial support amount.

Example 18: Enterprise N is provided with a financial support to provide a training course in electronic equipment assembly for 100 employees. The training course is from March 5, 2015 to May 15, 2015 with financial support of VND 600,000/month/employee (in which: the first month is from March 5, 2015 to April 4, 2015 and the second month is from April 5, 2015 to May 4, 2015). Accordingly, this course has a duration of not full month from May 5, 2015 to May 15, 2015. Such duration of under 15 days shall be rounded up to a half of month. Consequently, the duration over which the enterprise N receives financial support for training and retraining to improve occupational skills qualifications is 2.5 month with the total support equal to VND 600,000 x 100 employees x 2.5 months = VND 150,000,000.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 16. Notification of changes in employees

1. An employer shall send a notice on number of employees currently working on October 1, 2015 to the employment service center where its headquarters is located, made using the form No. 28 issued together with this Circular within 30 days, from the above-mentioned date.

For units established after October 1, 2015, within 30 days from its establishment, it must send a notice on number of currently working employees to the employment service center where its headquarters is located, made using the form No. 28 issued together with this Circular.

2. Before the third of every month, the employer shall send a notice on change in working employees (if any, of the previous calendar month) to the employment service center where its headquarters is located, made using the form No. 29 issued together with this Circular.

3. If an employer reduces 50 employees or more, it must immediately notify the employment service center where its headquarters is located for timely consultancy and support.

Article 17. Periodic report on implementation of unemployment insurance

1. Periodic report of provincial-level Departments of Labor, Invalids and Social Affairs shall comply with Clause 3, Article 38 Decree No. 28/2015/ND-CP

On a biannual and annual basis, before every July 31 or January 31, provincial-level Departments of Labor, Invalids and Social Affairs shall send a report on implementation of unemployment insurance policy in their localities to the Department of Employment (the Ministry of Labor, Invalids and Social Affairs) and provincial-level People's Committees, made using the form No. 30 issued together with this Circular.

2. Periodic report of employment service centers shall comply with Clause 5, Article 34 of Decree No. 28/2015/ND-CP

a) Before the third of every month, employment service centers shall send a report on implementation of unemployment insurance policy in the localities (of the previous calendar month of the reporting time) to provincial-level Departments of Labor, Invalids and Social Affairs and the Department of Employment (the Ministry of Labor, Invalids and Social Affairs), made using the form No. 31 issued together with this Circular;

b) On a biannual and annual basis, before every July 15 or January 15, employment service centers shall send a report on implementation of unemployment insurance policy in the localities to the provincial-level Departments of Labor, Invalids and Social Affairs and the Department of employment (the Ministry of Labor, Invalids and Social Affairs), made using the form No. 32 issued together with this Circular.

Article 18. Withdrawal of unemployment allowance, vocational training support and financial support for training and retraining to improve occupational skills qualifications for job maintenance for employees

1. In case of detection of a violation of law or a settlement for unemployment insurance regime receipt in contravention of law regulations, the agency issuing such decision on unemployment insurance receipt must issue a decision on withdrawal of improperly paid amount.

2. Relevant agencies, organizations and individuals shall implement the withdrawal decision defined in Clause 1 of this Article.

3. The withdrawn money amount defined in Clause 2 of this Article shall be transferred to the Unemployment Insurance Fund in accordance with the Vietnam Social Security’s guidance.

Article 19. Forms issued together with this Circular

1. Job counseling and recommendation form: Form No. 01.

2. Letter of job recommendation: Form No. 02.

3. Written request for unemployment allowance: Form No. 03.

4. Slip of appointment for returning results of employment service center when an employee submits a dossier of request for unemployment allowance or dossier of request for vocational training support: Form No. 04.

5. Decision on payment of unemployment allowance issued by the Director of a provincial-level Department of Labor, Invalids and Social Affairs: Form No. 05.

6. Decision on suspension from the unemployment allowance payment for employees currently receiving unemployment allowance issued by the Director of a provincial-level Department of Labor, Invalids and Social Affairs: Form No. 06.

7. Decision on resuming of unemployment allowance payment for employees whose the receipt of unemployment allowance is currently suspended issued by the Director of a provincial-level Department of Labor, Invalids and Social Affairs: Form No. 07.

8. Written refusal of unemployment allowance: Form No. 08.

9. Decision on cancellation of decision on payment of unemployment allowance issued by the Director of a provincial-level Department of Labor, Invalids and Social Affairs: Form No. 09.

10. Written request for change in the place of receiving unemployment allowance: Form No. 10.

11. Letter of introduction issued by employment service center where the employee is receiving unemployment allowance for change in place of receipt of unemployment allowance: Form No. 11.

12. Notice of stoppage of unemployment allowance payment sent by the employment service center where the employee leaves to the provincial social security agency: Form No. 12.

13. Written request on resuming of unemployment allowance payment sent by the employment service center where the employee arrives to receipt unemployment allowance to the provincial social security agency where the employee arrives: Form No. 13.

14. Notice on the employee’s failure to appear to receive unemployment allowance sent by the provincial social security agency where the employee receives the unemployment allowance to the employment service center: Form No. 14.

15. Decision on reservation of unemployment insurance premium payment period issued by the Director of a provincial-level Department of Labor, Invalids and Social Affairs upon the employee’s failure to appear to receive unemployment allowance: Form No. 15.

16. Monthly notice on job seeking sent by employee during the unemployment allowance receipt period: Form No. 16.

17. Written request for exemption from monthly notification of job seeking: Form No. 17.

18. Written request for vocational training support: Form No. 18.

19. Decision on vocational training support issued by the Director of a provincial-level Department of Labor, Invalids and Social Affairs: Form No. 19.

20. Decision on cancellation of decision on vocational training support issued by the Director of a provincial-level Department of Labor, Invalids and Social Affairs: Form No. 20.

21. Certification of provision of unemployment allowance and vocational training support issued by an employment service center: Form No. 21.

22. Notice on ineligibility for unemployment allowance and vocational training support issued by an employment service center: Form No. 22.

23. Notice sent by employee to employment service center upon falling into one of cases of stoppage of unemployment allowance payment: Form No. 23.

24. Decision on stoppage of unemployment allowance payment issued by the Director of provincial-level Department of Labor, Invalids and Social Affairs: Form No. 24.

25. Minutes on transfer of social insurance book: Form No. 25.

26. Decision on approval for plan for training and retraining to improve occupational skills qualifications and job maintenance for employees issued by the Director of a provincial-level Department of Labor, Invalids and Social Affairs: Form No. 26.

27. Decision on support of training and retraining to improve occupational skills qualifications for job maintenance for employees issued by the Chairperson of a provincial-level People’s Committee: Form No. 27.

28. The initial notice on number of employees currently working in the unit: Form No. 28.

29. Notice on change in employees by employer: Form No. 29.

30. A provincial-level Department of Labor, Invalids and Social Affairs’ reports on implementation of unemployment insurance in the first 6 months and in the year that are sent to the People’s Committee of the province and the Ministry of Labor, Invalids and Social Affairs: Form No. 30.

31. The employment service center’s report on implementation of unemployment insurance in the month that is sent to provincial-level Department of Labor, Invalids and Social Affairs and the Department of Employment (the Ministry of Labor, Invalids and Social Affairs): Form No. 31.

32. The employment service center’s reports on implementation of unemployment insurance in the first 6 months and in the year that are to provincial-level Departments of Labor, Invalids and Social Affairs and the Department of Employment (the Ministry of Labor, Invalids and Social Affairs): Form No. 32.

33. Each employer shall send a report on participation in unemployment insurance every year that is sent to the provincial-level Department of Labor, Invalids and Social Affairs: Form No. 33.

34. Decision on withdrawal of unemployment allowance: Form No. 34.

35. Decision on withdrawal of vocational training support: Form No. 35.

36. Decision on withdrawal of financial support for training and retraining to improve occupational skills qualifications for job maintenance for employees: Form No. 36.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 20. Effect

1. This Circular takes effect on September 15, 2015. The regimes specified in this Circular shall apply from January 1, 2015.

2. The following Circulars shall cease to be effective from the effective date of this Circular:

a) Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010 of the Ministry of Labor, Invalids and Social Affairs, guiding a number of articles of the Government’s Decree No. 127/2008/ND-CP dated December 12, 2008, on detailing and guiding the implementation of a number of articles of the Law on Social Insurance relating to unemployment insurance;

b) Circular No. 04/2013/TT-BLDTBXH dated March 1, 2013 of the Ministry of Labor, Invalids and Social Affairs on amending and supplementing a number of articles of Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010.

3. For periods determined according to calendar year in this Circular, if the last date of the period falls on a holiday or a weekend, it shall be changed into the working day immediately following the holiday or the weekend.

Any difficulties arising in the course of implementing this Circular should be reported to the Ministry of Labor, Invalids and Social Affairs for timely guidance and supplementation./.

* All Appendices are not translated herein.