Circular No. 15/2023/TT-BLDTBXH Amending and Supplementing Several Articles of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 guiding the implementation of Article 52 of the Labor Law and several articles of Decree No. 28/2015/NĐ-CP dated March 12, 2015 of the Government detailing the implementation of certain provisions of the Labor Law on unemployment insurance.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 guiding the implementation of Article 52 of the Labor Law and certain Articles of Decree No. 28/2015/NĐ-CP dated March 12, 2015 of the Government detailing the implementation of certain provisions of the Labor Law on unemployment insurance.

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Pursuant to the Labor Law dated November 16, 2013;

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

Pursuant to Decree No. 28/2015/NĐ-CP dated March 12, 2015 of the Government detailing the implementation of certain provisions of the Labor Law on unemployment insurance;

Pursuant to Decree No. 61/2020/NĐ-CP dated May 29, 2020 of the Government amending and supplementing certain Articles of Decree No. 28/2015/NĐ-CP;

At the proposal of the Director of the Employment Department;

The Minister of Labor, Invalids and Social Affairs promulgates this Circular amending and supplementing certain Articles of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 guiding the implementation of Article 52 of the Labor Law and certain Articles of Decree No. 28/2015/NĐ-CP dated March 12, 2015 of the Government detailing the implementation of certain provisions of the Labor Law on unemployment insurance.

Article 1. Amending and supplementing certain Articles of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 guiding the implementation of Article 52 of the Labor Law and certain Articles of Decree No.28/2015/NĐ-CP dated March 12, 2015 of the Government detailing the implementation of certain provisions of the Labor Law on unemployment insurance (hereinafter referred to as Circular No. 28/2015/TT-BLDTBXH).

1. Amend and supplement Article 1 as follows:

"This Circular guides the implementation of Article 52 of the Labor Law and certain Articles of Decree No. 28/2015/NĐ-CP, Decree No. 61/2020/NĐ-CP."

2. Supplementing Clause 3 and Clause 4 to Article 4 as follows:

"3. Workers at employers without a legal representative or persons authorized by the legal representative who wish to terminate their labor contracts to enjoy unemployment insurance benefits shall request the Department of Labor, Invalids and Social Affairs or the Provincial Social Insurance to implement according to the procedure set out in Point h Clause 2 Article 16 of Decree No. 28/2015/NĐ-CP as supplemented in Clause 6 Article 1 of Decree No. 61/2020/NĐ-CP.

4. Social insurance agencies have the responsibility to carry out confirmation of contribution levels, contribution periods, interruption periods, and reasons for interruption of unemployment insurance contributions."

3. Amending and supplementing Clause 2 of Article 8 as follows:

"2. The month of receiving unemployment assistance is calculated according to the Gregorian calendar. Each month of receiving unemployment assistance is counted from the day the worker begins to receive unemployment assistance as stipulated in Clause 3 Article 50 of the Labor Law until the corresponding day of the following month minus one day, if the following month does not have a corresponding date then the end date of the month of receiving unemployment assistance is the last day of that month.

Example 4: Mr. Cao Van D receives unemployment assistance for a period of 05 months, from January 1, 2022 to May 31, 2022. Thus, the month of receiving unemployment assistance for Mr. D is determined as follows:

The first month is from January 1, 2022 to January 31, 2022; The second month is from February 1, 2022 to February 28, 2022; The third month is from March 1, 2022 to March 31, 2022; The fourth month is from April 1, 2022 to April 30, 2022; The fifth month is from May 1, 2022 to May 31, 2022."

4. Amending and supplementing Article 9 as follows:

"Article 9. Preserving the time of unemployment insurance contributions

1. The preserved time of unemployment insurance contributions is determined as follows:

a) Preserving the time of unemployment insurance contributions when workers have months of contributions not yet resolved for unemployment assistance

Workers with more than 36 months but up to 144 months of unemployment insurance contributions will have the time of contributions not yet resolved for unemployment assistance preserved. If workers contribute more than 144 months, the time of contributions not yet resolved for unemployment assistance will not be preserved. The preserved time of unemployment insurance contributions is recorded in the decision regarding receipt of unemployment assistance.

Example 5: Ms. Nguyen Thi D has a total of 41 months of unemployment insurance contributions, thus, if Ms. D meets all conditions stipulated in Article 49 of the Labor Law and related guidance documents, she will receive unemployment assistance for 03 months (corresponding to 36 months of contributions)and the preserved time of unemployment insurance contributions will be 05 months.Example 6: Ms. Nguyen Thi E has a total of 150 months of unemployment insurance contributions, thus, if Ms. E meets all conditions stipulated in Article 49 of the Labor Law and related guidance documents, she will receive unemployment assistance for 12 months and the preserved time of unemployment insurance contributions will be 0 months.

b) Preserving the time of unemployment insurance contributions when workers' decisions to receive unemployment assistance are revoked

b) Preserve the unemployment insurance contribution period when the worker's decision to receive unemployment benefits is revoked for not reporting employment within the time limit specified in Clause 9, Article 1 of Decree No. 61/2020/NĐ-CP.

The worker whose decision to receive unemployment benefits prescribed in Clause 3, Article 18 of Decree No. 28/2015/NĐ-CP has been amended and supplemented by Decree No. 61/2020/NĐ-CP is revoked shall have the period of unemployment insurance contributions preserved as the period during which they received unemployment benefits according to the decision on receiving unemployment benefits.

Example 7: Mr. Pham Van E has 40 months of unemployment insurance contributions, received 03 months of unemployment benefits, and had 04 months of unemployment insurance contributions preserved. Mr. E did not come to receive the decision regarding his entitlement to unemployment benefits as scheduled and did not inform the employment service center about the reason for his inability to collect the results, therefore, Mr. E's decision to receive unemployment benefits was revoked. Thus, the period of unemployment insurance contributions that Mr. E has not yet enjoyed unemployment benefits is 40 months.

c) Preserve the period of unemployment insurance contributions when the worker receiving unemployment benefits is terminated from receiving unemployment benefits.

When the worker is terminated from receiving unemployment benefits under the cases stipulated in Clause 5, Article 21 of Decree No. 28/2015/NĐ-CP, which has been amended and supplemented by Decree No. 61/2020/NĐ-CP, the period of unemployment insurance contributions will be preserved corresponding to the remaining time that the worker has not yet received unemployment benefits. The period of unemployment insurance contributions preserved will be recorded in the decision terminating the worker’s receipt of unemployment benefits.

A person receiving unemployment benefits who finds employment under the circumstances of entering into a labor contract or a working contract and has reported to the employment service center as required but has not provided a copy of the labor contract or working contract must provide a commitment stating the effective date of the labor contract or working contract, the reason for not being able to provide a copy of the labor contract or working contract, and submit a supplementary copy of the labor contract or working contract within three working days from the date of receiving the labor contract or working contract.

Example 8: Mr. Nguyen Van G has 17 months of unemployment insurance contributions; he received unemployment benefits for 03 months. Mr. G received the first month of unemployment benefits and reported to the employment service center as required about having found employment in the same month. Therefore, the period of unemployment insurance contributions of Mr. G preserved is 05 months of unemployment benefits received (corresponding to 12 months of unemployment insurance contributions).(01 (the month of receiving unemployment benefits corresponds to 12 months of unemployment insurance contributions).

Example 9: Mr. Nguyen Van H has 52 months of unemployment insurance contributions; he received unemployment benefits for 04 months from April 2, 2022, to August 1, 2022, and had 04 months of unemployment insurance contributions preserved. After the first month of receiving unemployment benefits, Mr. H did not report job search activities, so his unemployment benefits were suspended from May 2, 2022. However, on July 4, 2022, Mr. H reported having found employment from July 2, 2022, thus his unemployment benefits were terminated. Therefore, Mr. H received unemployment benefits for 02 months (the first and fourth months), suspended unemployment benefits for 02 months (the second and third months), so the period of unemployment insurance contributions preserved in the decision terminating Mr. H's receipt of unemployment benefits is 0 months (excluding the 04 months of unemployment insurance contributions already preserved in the decision on receiving unemployment benefits).(the first and fourth months), suspended unemployment benefits for 02 months(the second and third months), so the period of unemployment insurance contributions preserved in the decision terminating Mr. H's receipt of unemployment benefits is 0 months(excluding the 04 months of unemployment insurance contributions already preserved in the decision on receiving unemployment benefits).

Example 10: Mr. Nguyen Van K has 60 months of unemployment insurance contributions; he received unemployment benefits for 05 months from January 18, 2022, to June 17, 2022; his unemployment benefits were suspended from March 18, 2022. However, on March 25, 2022, Mr. K reported having found employment from March 11, 2022, thus his unemployment benefits were terminated from March 11, 2022, and he did not preserve the period of unemployment insurance contributions (as Mr. Kdid not report about finding employment within the deadline stipulated in Clause 9, Article 1 of Decree No. 61/2020/NĐ-CP).Therefore, the unemployment insurance contribution period of Ms. L that is preserved is 0 months.

d) Preserve the period of unemployment insurance contributions when the worker does not come to receive unemployment benefits.

When the worker does not come to receive unemployment benefits and does not notify in writing the social insurance agency within three months from the end date of the unemployment benefit period according to the decision on receiving unemployment benefits, the period of unemployment insurance contributions will be preserved corresponding to the number of months of unemployment benefits that the worker did not receive unemployment benefits. The period of unemployment insurance contributions preserved will be recorded in the decision on preserving the period of unemployment insurance contributions.

Example 11: Ms. Nguyen Thi L has 12 months of unemployment insurance contributions, received unemployment benefits for 03 months. Ms. L received the first month of unemployment benefits. However, three months after the end date of the unemployment benefit period, Ms. L still did not come to receive unemployment benefits for the second and third months. Therefore, Ms. L received unemployment benefits for 01 month (corresponding to 12 months of unemployment insurance contributions), so the period of unemployment insurance contributions of Ms. L preserved is 0 months.(corresponding to 12 months of unemployment insurance contributions)(corresponding to 01 month of unemployment benefits that Mr. M did not come to collect).

Example 12: Mr. Nguyen Van M has 18 months of unemployment insurance contributions; received unemployment benefits for 03 months. Mr. M did not receive unemployment benefits for the first month; subsequently, Mr. M did not report about job search activities, so his unemployment benefits were suspended from the second month until the end of the unemployment benefit period. Three months after the end date of the unemployment benefit period, Mr. M did not come to receive unemployment benefits. Therefore, the period of unemployment insurance contributions of Mr. M preserved is 12 months (corresponding to 01 month of unemployment benefits that Mr. M did not come to receive).Starting work from the day Mr. X receives the file transferring the place to receive unemployment benefits. Therefore, Mr. X is not required to directly report monthly on job search activities.

Example 13: Ms. Nguyen Thi N has 29 months of unemployment insurance contributions, she receives unemployment benefits for a period of 03 months. Ms. N received the first month's unemployment benefit, her benefit was temporarily suspended in the second month, and she continued to receive the third month's benefit. However, three months after the end of the benefit period, Ms. N still did not come to collect the third month's unemployment benefit. Therefore, Ms. N received unemployment benefits for 01 month and had her benefit temporarily suspended for 01 month.(corresponding to 24 months of unemployment insurance contributions)Thus, the time of unemployment insurance contributions that Ms. N retains is 05 months.

Example 13a: Mr. Pham Van N has 15 months of unemployment insurance contributions, he receives unemployment benefits for a period of 03 months. Mr. N received the first month's unemployment benefit, reported job search activities in the second month but did not come to collect the second month's benefit. Mr. N had his benefit temporarily suspended in the third month. Three months after the end of the benefit period, Mr. N still did not come to collect the second month's unemployment benefit. Therefore, Mr. N received unemployment benefits for 01 month.(corresponding to 12 months of unemployment insurance contributions)Thus, the time of unemployment insurance contributions that Mr. N retains is 03 months.

d) Retaining the time of unemployment insurance contributions for cases where the social insurance agency confirms additional contribution periods after the termination of unemployment benefits.

- In cases where workers have 36 months or more of unemployment insurance contributions as the basis for receiving unemployment benefits, the additional contribution periods confirmed by the social insurance agency will be retained as the basis for calculating unemployment benefits when the conditions are met according to regulations.

Example 13b: Mr. Nguyen Van P has 42 months of unemployment insurance contributions, receives 03 months of unemployment benefits, and retains 06 months of unemployment insurance contributions. After terminating the receipt of unemployment benefits, Mr. P is confirmed by the social insurance agency to have an additional 08 months of unemployment insurance contributions, which will be retained as the basis for calculating unemployment benefits when the conditions are met according to regulations.

- In cases where workers have less than 36 months of unemployment insurance contributions as the basis for receiving unemployment benefits, the additional contribution periods confirmed by the social insurance agency will be retained according to the following principle:

Example 13c: Mr. Nguyen Van Q has 13 months of unemployment insurance contributions, receives 03 months of unemployment benefits, and has fully enjoyed 03 months of unemployment benefits. After terminating the receipt of unemployment benefits, Mr. Q is confirmed by the social insurance agency to have an additional 07 months of unemployment insurance contributions. Therefore, the time Mr. Q has enjoyed is 03 months corresponding to 36 months of unemployment insurance contributions, in reality, Mr. Q has a total of 20 months of unemployment insurance contributions, so Mr. Q does not retain the additional months of unemployment insurance contributions confirmed.

Example 13d: Mr. Nguyen Van R has 25 months of unemployment insurance contributions, receives 03 months of unemployment benefits, and has fully enjoyed 03 months of unemployment benefits. After terminating the receipt of unemployment benefits, Mr. R is confirmed by the social insurance agency to have an additional 15 months of unemployment insurance contributions. Therefore, the time Mr. R has enjoyed is 03 months corresponding to 36 months of unemployment insurance contributions, while in reality, Mr. R has a total of 40 months of unemployment insurance contributions, so the time of unemployment insurance contributions that Mr. R has not yet been resolved for unemployment benefits is 04 months.

Example 13đ: Mr. Nguyen Van S has 16 months of unemployment insurance contributions, receives 03 months of unemployment benefits. Mr. S enjoys unemployment benefits for 01 month then finds work, thus, his benefit is terminated and he retains 04 months of unemployment insurance contributions. After terminating the receipt of unemployment benefits, Mr. S is confirmed by the social insurance agency to have an additional 12 months of unemployment insurance contributions. Therefore, the time Mr. S has enjoyed is 01 month corresponding to 12 months of unemployment insurance contributions, while in reality, Mr. S has a total of 28 months of unemployment insurance contributions, so the time of unemployment insurance contributions that Mr. S has not yet been resolved for unemployment benefits is 12 months.(excluding the 04 months already retained in the decision to terminate unemployment benefits).

Example 13e: Mr. Nguyen Van T has 16 months of unemployment insurance contributions, receives 03 months of unemployment benefits. Mr. T enjoys unemployment benefits for 02 months then finds work, thus, his benefit is terminated and he has no remaining months of unemployment insurance contributions to retain. After terminating the receipt of unemployment benefits, Mr. T is confirmed by the social insurance agency to have an additional 12 months of unemployment insurance contributions. Therefore, Mr. T has a total of 28 months of unemployment insurance contributions, Mr. T has enjoyed 02 months of unemployment benefits, corresponding to 24 months of unemployment insurance contributions, so the time of unemployment insurance contributions that Mr. T retains is 4 months.

Example 13g: Ms. Bùi Thị V has 29 months of unemployment insurance contributions, entitled to receive unemployment benefits for 03 months. Ms. V received unemployment benefits for the first month and the third month; she was suspended from receiving unemployment benefits for the second month because she did not report her job search activities as required. After ceasing to receive unemployment benefits, the social insurance agency confirmed an additional 08 months of unemployment insurance contributions for Ms. V. Therefore, the period Ms. V received benefits is 03 months corresponding to 36 months of unemployment insurance contributions, while in reality, Ms. V has a total of 37 months of unemployment insurance contributions. Thus, the period of unemployment insurance contributions that Ms. V has not yet been resolved for unemployment benefit payments is 01 month.

2. For cases under points b, c, and d of Clause 1 of this Article, the period of unemployment insurance contributions retained does not include the number of months of unemployment insurance contributions that have not been resolved for unemployment benefit payments as stated in the Decision on the receipt of unemployment benefits that has been retained by the social insurance agency.

3. The social insurance agency bases its decisions related to the receipt of unemployment benefits and the confirmation of additional periods of unemployment insurance contributions to implement the retention of the period of unemployment insurance contributions in the Social Insurance Book for workers according to the guidelines of the Vietnam Social Security.

5. Amend and supplement Clause 3 and Clause 5 of Article 10 as follows:

“3. Workers who are receiving unemployment benefits are not required to directly report monthly on their job search activities if the reporting period falls within the time frame during which the worker belongs to one of the following situations:

a) Male aged 60 years or older, female aged 55 years or older;

b) Illness with certification from a competent medical facility;

c) Maternity leave with certification from a competent medical facility. In the case of male workers whose wife died after giving birth and who must directly raise the child, the proof is the child's birth certificate and the mother's death certificate;

d) Accident with certification from traffic police or a competent medical facility;

đ) Affected by fire, flood, earthquake, tsunami, enemy attack, epidemic with certification from the Chairman of the People's Committee of the commune, ward, town;

e) Death of the worker's father, mother, spouse, or child; marriage of the worker or the worker's child with certification from the People's Committee of the commune, ward, town;

g) Participating in vocational training courses pursuant to the decision of the Department of Labor, Invalids, and Social Affairs Director and with certification from the training institution;

h) Performing a fixed-term employment contract for less than 03 months;

i) Voluntarily attending drug rehabilitation with certification from a rehabilitation center or the Chairman of the People's Committee of the commune, ward, town;

k) Transferring the place of receiving unemployment benefits as provided for in Clause 5 of this Article.

Workers must inform the employment service center(throughtelephone, email, fax, ...)about the reason for not having to directly report and within three working days from the last day of the monthly reporting period for job search activities as prescribed, simultaneously sending a certified copy or authorizing another person to submit the original or certified copy of one of the above documents proving the situation where direct reporting to the employment service center is not required, except in the case stipulated in point a of this clause. If sent via postal service, the date of submission is considered the date marked on the postmark.

5. Workers shall report job search activities when transferring the place of receiving unemployment benefits as follows:

If the date of reporting job search activities of the worker falls within the 15-day working period from the date of receiving the application for transferring the place of receiving unemployment benefits but before the worker submits the application for transferring the place of receiving unemployment benefits to the employment service center at the new location, the worker is not required to report monthly on job search activities. The worker shall report to the employment service center at the new location according to Clause 3 of this Article.

If the date of reporting job search activities of the worker is after the 15-day working period from the date of receiving the application for transferring the place of receiving unemployment benefits, the worker shall report according to Clause 1 of this Article.

If the worker has received the application for transferring the place of receiving unemployment benefits but has not submitted it to the employment service center at the new location and no longer wishes to transfer the place of receiving unemployment benefits, the worker shall report job search activities according to Clause 1 of this Article to the employment service center at the original location.

If the date of reporting job search activities of the worker falls within the 15-day working period from the date of receiving the application for transferring the place of receiving unemployment benefits but after the worker has submitted the application for transferring the place of receiving unemployment benefits to the employment service center at the new location, the worker must directly report on job search activities according to Clause 1 of this Article at the employment service center at the new location.

Example 14: Mr. Nguyễn Văn X is currently receiving unemployment benefits in Hanoi and intends to transfer the place of receiving unemployment benefits to Cà Mau. On May 10, 2022, Mr. X received the application for transferring the place of receiving unemployment benefits; on May 19, 2022, Mr. X submitted the application for transferring the place of receiving unemployment benefits at the Employment Service Center of Cà Mau Province. The date of reporting job search activities during the period Mr. X is processing the transfer of the place of receiving unemployment benefits is May 11-13, 2022 (before the 15-day working period from the date Mr. X received the application for transferring the place of receiving unemployment benefits). Therefore, Mr. X is not required to report monthly on job search activities.July 19Pursuant to Decision No....dated...../.../...of the Director of the Department of Labor, Invalids and Social Affairs regarding the receipt of unemployment benefits;

Example 15: Mr. Dinh Van X is currently receiving unemployment benefits in Hai Duong and wishes to transfer his place of benefit receipt to Vinh Long. On May 10, 2022, Mr. X received the application for transferring the place of benefit receipt; on May 19, 2022, Mr. X submitted the application for transferring the place of benefit receipt at the Employment Service Center of Vinh Long Province. The notification period for job search during the month of benefit receipt that Mr. X is processing the transfer of benefit receipt place is from May 20 to May 24, 2022.(withinthe fifteen working days from the date Mr. X received the application for transferring the place of benefit receipt). Therefore, Mr. X must directly notify about his job search activities at the Employment Service Center of Vinh Long Province within the period from May 20 to May 24, 2022, as stipulated.

Example 15a: Ms. Nguyen Thi Y is currently receiving unemployment benefits in Bac Ninh and wishes to transfer her place of benefit receipt to Bac Lieu. On May 4, 2022, Ms. Y received the application for transferring the place of benefit receipt, then proceeded with the procedures to submit the application for transferring the place of benefit receipt to the Employment Service Center of Bac Lieu Province. The notification period for job search during the month of benefit receipt that Ms. Y is processing the transfer of benefit receipt place is from May 25 to May 27, 2022 (after the fifteen working days from the date of receiving the application for transferring the place of benefit receipt,)therefore, Ms. Y must notify about her monthly job search activities at the Employment Service Center of Bac Lieu Province within the period from May 25 to May 27, 2022).

6. Amend Clause 4 of Article 12 and supplement Clauses 7, 8, and 9 to Article 12 as follows:

"4. In cases where workers apply for vocational training support as prescribed in Clause 3 of Article 24 of Decree No. 28/2015/ND-CP which has been amended and supplemented by Decree No. 61/2020/ND-CP, if the worker does not come to collect the Social Insurance Booklet within three months from the end date of the result issuance period for the vocational training support application, the employment service center shall transfer the Social Insurance Booklet of the worker to the provincial social insurance agency for management within three working days from the last day of the aforementioned three-month period.

7. Within twenty working days from the date of receiving all the documents for vocational training support application, the employment service center shall submit to the Director of the Department of Labor, Invalids and Social Affairs a decision regarding vocational training support for the worker when the worker meets all conditions for vocational training support as prescribed.

Example 17a: Ms. Nguyen Thi Q received unemployment benefits from March 4, 2022, to June 3, 2022. On April 4, 2022, Ms. Q submitted an Application for Vocational Training Support. On April 6, 2022, Ms. Q found employment. Thus, Ms. Q found employment within fifteen days from the date of submitting the vocational training support application, so she did not meet the conditions for vocational training support as prescribed in Clause 1 of Article 55 of the Labor Law.

Example 17b: Ms. Nguyen Thi S received unemployment benefits from April 5, 2022, to July 4, 2022. On May 6, 2022, Ms. S submitted an Application for Vocational Training Support at Province A and by May 22, 2022, Ms. S had not yet found employment. Thus, Ms. S met all conditions for vocational training support as prescribed in Article 55 of the Labor Law, so within the period from May 23, 2022, to June 3, 2022, the employment service center must submit to the Director of the Department of Labor, Invalids and Social Affairs of Province A a Decision regarding vocational training support for Ms. S.

8. In cases where workers wish to participate in vocational training courses being implemented by vocational training institutions, they will still be eligible for vocational training support if the start date of the vocational training course is no more than one month before the issuance date of the vocational training support decision and the vocational training institution ensures to make up for the knowledge gap before the issuance date of the vocational training support decision. The support period for vocational training starts on the first day of the vocational training course and ends on the last day of the support period as prescribed in Article 56 of the Labor Law.

Example 17c: On March 7, 2022, Mr. Bui Minh T applied for vocational training support for electrical work with a training duration of nine months at vocational training institution X; this training course started from March 1, 2022, to November 30, 2022. Mr. T met all conditions for vocational training support as prescribed in Article 55 of the Labor Law. On March 24, 2022, the Director of the Department of Labor, Invalids and Social Affairs issued a Decision regarding vocational training support for Mr. T with a support period of six months from March 1, 2022, to August 31, 2022.

9. In cases where workers are currently receiving unemployment benefits at the place where the unemployment benefit decision was issued but request and receive vocational training support at another locality, the employment service center providing vocational training support shall send one copy of the decision regarding vocational training support to the employment service center where the worker is receiving unemployment benefits.

In cases where workers have transferred their place of unemployment benefit receipt and subsequently request and receive vocational training support at another locality different from where they are receiving unemployment benefits, the employment service center providing vocational training support shall send one copy of the decision regarding vocational training support to the employment service center issuing the unemployment benefit decision, while also sending one copy of the decision regarding vocational training support to the employment service center where the worker is currently receiving unemployment benefits.

7. Amend and promulgate together with Model Nos. 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. Repeal Clause 2 of Article 10 of Circular No. 28/2015/TT-BLDTBXH.

9. Repeal Clause 1, Article 12 and the paragraph "The decision on the cancellation of the vocational training support decision shall be sent by the employment service center as follows: 01 copy to the Provincial Social Insurance for not implementing the payment of vocational training support to the vocational training institution; 01 copy to the vocational training institution for not conducting vocational training for workers; 01 copy to the worker. The decision on the cancellation of the vocational training support decision shall be implemented according to Model No. 20 issued together with this Circular" in Clause 2, Article 12 of Circular No. 28/2015/TT-BLDTBXH.

10. Repeal Models No. 04, 09, 17, 18, 19, 20 of Circular No. 28/2015/TT-BLDTBXH.

Article 2. Implementation clause

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

2. Documents that are components of administrative procedures' files received before this Circular takes effect and have not yet been resolved shall continue to be processed in accordance with Circular No. 28/2015/TT-BLDTBXH.

3. The Director of the Employment Department, Heads of state management units under the Ministry of Labor, Invalids and Social Affairs, and related agencies, organizations, and individuals are responsible for implementing this Circular.

In the course of implementation, if there are difficulties, please promptly report to the Ministry of Labor, Invalids and Social Affairs for research and resolution./.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form number 35: Issued together with Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labor, Invalids and Social Affairs

 

 

Pursuant to …;

Regarding recovery of vocational training support funds

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PROVINCE, CITY…
PROVINCE, CITY………….

 

Pursuant to Decree No. 28/2015/NĐ-CP dated March 12, 2015 of the Government detailing implementation of certain provisions of the Law on Employment regarding unemployment insurance;

Pursuant to Decree No. 61/2020/NĐ-CP dated May 29, 2020 of the Government amending and supplementing certain provisions of Decree No. 28/2015/NĐ-CP;

Pursuant to Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Minister of Labor, Invalids and Social Affairs guiding implementation of Article 52 of the Law on Employment and certain provisions of Decree No. 28/2015/NĐ-CP;

Pursuant to Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labor, Invalids and Social Affairs amending and supplementing certain provisions of Circular No. 28/2015/TT-BLDTBXH;

Pursuant to Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labor, Invalids and Social Affairs amending and supplementing certain articles of Circular No. 28/2015/TT-BLDTBXH;

Based on ...(text stipulating functions, duties At the proposal of the Director of the Employment Service Center…,

Pursuant to Decision No...dated.../.../...of the Department of Labor, Invalids and Social Affairs of the Province/City...regarding vocational training support;

Mr./Ms…Born on……./…/………

 

DECISION:

 

Article 1. Recover vocational training support funds for:

Mr./Mrs....born on...month...year...

Personal identification number/Identity card:...issued on...month...year...Issuing place:...

Social insurance book number:...

Total amount of vocational training support funds according to Decision No...dated.../.../...is:...dong (in words:…………………………………………………………………………..)

Amount of unemployment benefits to be recovered:...dong (in words...)

Reason:…

………………………………………………………………………………………………..

Article 2. Director of the Employment Service Center...and Director of the Social Insurance Branch of the Province/City...shall implement the recovery of vocational training support funds paid to Mr./Mrs.....

Article 3. This Decision takes effect from the date of signature.

Article 4. Director of the Employment Service Center, Director of the Social Insurance Branch of the Province/City...and Mr./Mrs....shall be responsible for implementing this Decision./.