Circular No. 28/2015/TT-BLDTBXH guides the implementation of Article 52 of the Labor Law and certain provisions 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

Guidelines for implementing Article 52 of the Labor Law and certain provisions of Decree No. 28/2015/ND-CP

dated March 12, 2015 of the Government detailing implementation of certain provisions of the Labor Law on unemployment insurance

The Government Decree No. 106/2012/ND-CP dated December 20, 2012 on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

____________________

 

Pursuant to the Labor Law dated November 16, 2013;

The Government Decree No. 28/2015/ND-CP dated March 12, 2015 on detailed implementation of certain provisions of the Labor Law on unemployment insurance;

The Minister of Labor, Invalids and Social Affairs issues this Circular guiding the implementation of Article 52 of the Labor Law and certain provisions of Government Decree No. 28/2015/ND-CP dated March 12, 2015 on detailed implementation of certain provisions of the Labor Law on unemployment insurance.

At the proposal of the Director of the Employment Department,

This Circular guides the implementation of Article 52 of the Labor Law and certain provisions of Government Decree No. 28/2015/ND-CP dated March 12, 2015 on detailed implementation of certain provisions of the Labor Law on unemployment insurance.

PART I
GENERAL PROVISIONS

The objects subject to this Circular are those specified in Article 2 of Government Decree No. 28/2015/ND-CP dated March 12, 2015 on detailed implementation of certain provisions of the Labor Law on unemployment insurance (hereinafter referred to as Decree No. 28/2015/ND-CP).

Article 2. Applicability

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

Chapter II
PARTICIPATION AND CONTRIBUTION TO UNEMPLOYMENT INSURANCE

1. Employers must establish and submit the application for participation in unemployment insurance of employees to the social insurance organization within thirty days from the date when the labor contract or employment agreement of employees who are required to compulsorily participate in unemployment insurance becomes effective.

2. In cases where employees enter into multiple labor contracts all of which fall under the category of compulsory participation in unemployment insurance and are currently participating in unemployment insurance according to the first valid labor contract, when terminating or changing such labor contracts that lead to the employee no longer being required to compulsorily participate in unemployment insurance, the employer responsible for the next labor contract in accordance with labor laws must establish and submit the application for participation in unemployment insurance of the employee to the social insurance organization within thirty days from the date of termination or change of the aforementioned labor contract. The application for participation in unemployment insurance of the employee in such cases shall be submitted together with the application for mandatory social insurance of the employee.

3. In cases where prior to January 1, 2015, employers have entered into seasonal or fixed-term labor contracts with employees having a duration of at least three months but less than twelve months, and such contracts are still being implemented until January 1, 2015, with at least three months remaining, then the employer must enroll the employee in unemployment insurance starting from January 1, 2015 onwards.

3. In cases where prior to January 1, 2015, employers had entered into seasonal or fixed-term employment contracts with employees for a duration of at least three months but less than twelve months, and such contracts were being implemented as of January 1, 2015, with at least three months remaining until their expiration, employers must participate in unemployment insurance for employees from January 1, 2015 onwards.

1. Workers shall contribute to unemployment insurance based on the wage system determined by the employer, but if the monthly wage of the worker exceeds twenty times the regional minimum wage, both the employer and the worker must contribute to unemployment insurance at a rate equivalent to twenty times the regional minimum wage from January 1, 2015 onwards.

2. The procedures and formalities for contributing to unemployment insurance shall be carried out in accordance with the guidelines of the Vietnam Social Security.

Chapter III
SUPPORT FOR COUNSELING AND JOB INTRODUCTION

Article 5. Procedures and Formalities for Job Counseling and Introduction

1. Workers shall fill out all personal information, job counseling needs, and job introduction needs on the Job Counseling and Introduction Form according to Model No. 01 issued together with this Circular and submit it directly to the employment service center under the Department of Labor, Invalids, and Social Affairs of the province or centrally-administered city (hereinafter referred to as the employment service center).

2. The employment service center shall be responsible for receiving the Job Counseling and Introduction Forms and connecting suitable jobs based on the needs and capabilities of the workers and the hiring needs of employers.

3. The employment service center shall send the Job Introduction Form according to Model No. 02 issued together with this Circular to the workers so that they can participate in job recruitment.

4. The employment service center shall be responsible for monitoring the results of job recruitment to provide timely support to workers.

Article 6. Refusal to Accept Employment as Provided in Point d Clause 1 Article 21 of Decree No. 28/2015/NĐ-CP

A worker receiving unemployment benefits shall be deemed to have refused employment without justifiable reasons if they fall into any of the following cases:

1. The worker has been introduced to a suitable job corresponding to their trained profession as recorded in Model No. 01 issued together with this Circular but did not attend the job recruitment.

2. The worker has been introduced to a job they had previously worked at but did not attend the job recruitment.

3. The worker participated in job recruitment introduced by the employment service center where they are receiving unemployment benefits and was notified of being selected for employment but did not accept the job, except when the job does not match the employment notification from the employer.

Chapter IV
UNEMPLOYMENT BENEFITS

Article 7. Workers Without a Need to Receive Unemployment Benefits

Within fifteen working days from the date of submitting the application for unemployment benefits, if the worker does not need to receive unemployment benefits, the worker must directly submit the application for not receiving unemployment benefits according to Model No. 08 issued together with this Circular to the employment service center where the worker submitted the application for unemployment benefits.

The employment service center shall be responsible for returning the application for unemployment benefits to the worker on the day the result is returned as indicated on the result return slip.

Article 8. Unemployment benefit amount and months of receipt

1. The monthly amount of unemployment benefit for employees shall be determined as follows:

a) In cases where there are interruptions in unemployment insurance contributions during the last months before unemployment, the average salary of the six consecutive months immediately preceding the termination of the labor contract or employment agreement according to the law shall be used to calculate the unemployment benefit amount.

Example 1: Ms. Nguyen Thi A entered into a 24-month labor contract with Elementary School E with the following salary: from September 1, 2013 to August 31, 2014 at 2,000,000 VND/month, from September 1, 2014 to August 31, 2015 at 4,000,000 VND/month. However, from January 1, 2015 to June 30, 2015, Ms. A took maternity leave. Subsequently, due to difficult family circumstances, she could not continue the labor contract and thus submitted a resignation letter according to the Labor Law regulations. On July 1, 2015, Elementary School E issued a decision terminating her employment, effective from the date of issuance. Therefore, the basis for calculating the unemployment benefit amount for Ms. A is the average salary of the six consecutive months immediately preceding her resignation and during which she had contributed to unemployment insurance (July, August, September, October, November, December 2014). The monthly unemployment benefit amount for Ms. A is (2,000,000 VND x 2 months + 4,000,000 VND x 4 months)/6 x 60% = 2,000,000 VND/month.

Example 2: Mr. Dao Van B had continuous unemployment insurance contributions for 38 months (from January 1, 2012 to February 28, 2015), with the salary basis for unemployment insurance contributions in the last six months before the termination of the labor contract (September 2014 to February 2015) being 8,000,000 VND/month. Mr. B was entitled to three months of unemployment benefits (the period of receiving unemployment benefits for Mr. B was from April 5, 2015 to July 4, 2015). On May 2, 2015, Mr. B entered into a 12-month labor contract with Company X (salary basis for unemployment insurance contributions was 7,000,000 VND/month) and reported this to the employment service center as required. Mr. B ceased to receive unemployment benefits from May 2, 2015 and his unemployment insurance contributions were suspended for 26 months. Due to illness requiring long-term treatment, on July 28, 2015, Mr. B agreed with Company X to terminate the labor contract and submitted an application for the second round of unemployment benefits. The six consecutive months immediately preceding the termination of the labor contract with contributions to unemployment insurance for calculating the unemployment benefit amount for Mr. B are as follows: December 2014 and January, February, May, June, July 2015. Therefore, the monthly unemployment benefit amount for Mr. B is (8,000,000 VND x 3 months + 7,000,000 VND x 3 months)/6 x 60% = 4,500,000 VND/month.

b) The maximum monthly unemployment benefit amount for workers is not more than five times the basic wage level applicable to workers subject to state-regulated wage systems or not more than five times the minimum regional wage level prescribed by the Labor Code for workers contributing to unemployment insurance under a wage system determined by their employers at the time of termination of the labor contract.

Example 3: On January 1, 2015, Mr. Trinh Xuan C entered into a 12-month labor contract with Company F with a salary of 70,000,000 VND/month. Company F operates in Region I, applying the minimum regional wage level prescribed by the Government at 3,100,000 VND/month. Therefore, the monthly salary for unemployment insurance contributions for Mr. C is: 20 x 3,100,000 VND = 62,000,000 VND/month.

On September 28, 2015, Mr. C agreed to terminate his labor contract with Company F and entered into a new 3-month labor contract with Company G (from October 1, 2015 to December 31, 2015) with a salary of 80,000,000 VND/month. Company G's headquarters operates in Region IV, applying the minimum regional wage level prescribed by the Government at 2,150,000 VND/month, but Mr. C works at a branch located in Region III, applying the minimum regional wage level prescribed by the Government at 2,400,000 VND/month. Therefore, Mr. C participates in and contributes to unemployment insurance at the social insurance organization operating in the region where the branch is located with a salary of: 20 x 2,400,000 VND = 48,000,000 VND/month.

Upon expiration of the labor contract with Company G, Mr. C submitted an application for unemployment benefits. Thus, 60% of the average monthly salary of the six consecutive months immediately preceding Mr. C's termination of the labor contract is: (62,000,000 VND x 3 months + 48,000,000 VND x 3 months)/6 x 60% = 33,000,000 VND. However, according to the regulations, the maximum monthly unemployment benefit amount for Mr. C cannot exceed five times the minimum regional wage level at the time of termination of the labor contract. Therefore, the monthly unemployment benefit amount for Mr. C is 12,000,000 VND/month (2,400,000 VND x 5 = 12,000,000 VND/month).

The month of receipt of unemployment benefits is calculated based on the Gregorian calendar month. Each month of receipt of unemployment benefits is counted from the day the worker begins to receive unemployment benefits according to Clause 3, Article 50 of the Employment Law until the corresponding day of the following month minus one day.

Example 4: Mr. Cao Van D is entitled to three months of unemployment benefits, the period of receiving unemployment benefits for Mr. D is from March 11, 2015 to June 10, 2015. Therefore, the month of receipt of unemployment benefits for Mr. D is determined as follows:

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

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

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

3. Procedures, formalities, and methods of payment of unemployment benefits are guided by the Vietnam Social Security.

1. The preservation of unemployment insurance contribution periods for workers shall be determined as follows:

2. The cases where workers have unemployment insurance contribution periods that can be preserved include:

a) Preservation of unemployment insurance contribution periods when workers fail to collect the decision on unemployment benefits according to the provisions of Clause 3 and Clause 4, Article 18 of Decree No. 28/2015/NĐ-CP.

After the Director of the Department of Labor, Invalids and Social Affairs issues a decision to cancel the decision on receiving unemployment benefits, the employment service center shall return the file to the worker. If the worker does not come to the employment service center to collect the social insurance book within three months from the date of the result expiration, the employment service center shall transfer the social insurance book of that worker to the provincial Social Insurance within three working days from the last day of the aforementioned three-month period for management.

Example 5: Mr. Tran Van D has 36 months of unemployment insurance contributions and is entitled to receive unemployment benefits for 3 months. The result delivery date recorded in Mr. D's appointment slip is March 16, 2015. However, by March 18, 2015 (two working days later), Mr. D did not come to collect the decision on receiving unemployment benefits as prescribed. Therefore, within seven working days from the date Mr. D failed to collect the decision on receiving unemployment benefits, the employment service center shall submit a request to the Director of the Department of Labor, Invalids and Social Affairs to issue a decision to cancel Mr. D's entitlement to unemployment benefits. The preserved unemployment insurance contribution period for Mr. D is 36 months.

b) Preservation of unemployment insurance contribution periods when workers fail to collect unemployment benefit payments according to the provisions of Clause 6, Article 18 of Decree No. 28/2015/NĐ-CP.

The social insurance organization shall base on the decision on preserving the unemployment insurance contribution periods of workers to record the preserved contribution periods in the social insurance book according to the guidelines of the Vietnam Social Security.

Example 6: Mr. Tran Van S has 36 months of unemployment insurance contributions and is entitled to receive unemployment benefits for 3 months. The period for receiving unemployment benefits for Mr. S is from February 20, 2015 to May 19, 2015. However, by August 19, 2015 (three months after the end of the benefit period), Mr. S still did not come to collect the third month's unemployment benefit payment. Thus, the preserved unemployment insurance contribution period for Mr. S is 12 months (corresponding to one month of unemployment benefits that Mr. S did not collect).

Example 7: Ms. Le Thi T has 12 months of unemployment insurance contributions and is entitled to receive unemployment benefits for 3 months. The period for receiving unemployment benefits for Ms. T is from July 6, 2015 to October 5, 2015. However, by January 5, 2016 (three months after the end of the benefit period), Ms. T still did not come to collect the second and third month's unemployment benefit payments. Thus, Ms. T received unemployment benefits for one month (corresponding to 12 months of unemployment insurance contributions), so there is no remaining contribution period to preserve.

Example 8: Ms. Bui Xuan H has 29 months of unemployment insurance contributions and is entitled to receive unemployment benefits for 3 months. The period for receiving unemployment benefits for Ms. H is from March 9, 2015 to June 8, 2015. Ms. H received the first month's unemployment benefit and was temporarily suspended from receiving the second month's benefit. For the third month's benefit, Ms. H reported monthly job search activities to the employment service center as required, thus she continued to receive the third month's benefit. However, by September 8, 2015 (three months after the end of the benefit period), Ms. H still did not come to collect the third month's unemployment benefit payment. Thus, Ms. H received unemployment benefits for one month (corresponding to 12 months of unemployment insurance contributions) and was temporarily suspended from receiving one month's benefit (corresponding to 12 months of unemployment insurance contributions), so the preserved unemployment insurance contribution period for Ms. H is five months.

c) Preservation of unemployment insurance contribution periods when workers have partial months without resolving unemployment benefit claims according to the provisions of Clause 7, Article 18 of Decree No. 28/2015/NĐ-CP.

The social insurance organization shall base on the Director of the Department of Labor, Invalids and Social Affairs' decision on receiving unemployment benefits to record the preserved contribution periods in the social insurance book according to the guidelines of the Vietnam Social Security.

Example 9: On March 24, 2015, Mr. Tran Quang P terminated his labor contract. Mr. P has 47 months of unemployment insurance contributions and is entitled to receive unemployment benefits for 3 months (corresponding to 36 months of unemployment insurance contributions). Therefore, the preserved period for Mr. P is 11 months of unemployment insurance contributions.

After the end of the unemployment benefit period, Mr. P entered into a three-month fixed-term labor contract with Company F (from September 5, 2015 to December 4, 2015) and continued to participate in unemployment insurance. Upon the expiration of the labor contract with Company F, Mr. P submitted an application for the second round of unemployment benefits. Thus, the total period of unemployment insurance contributions that have not been resolved for unemployment benefits for Mr. P is 14 months. If he meets the conditions for receiving unemployment benefits, Mr. P will be entitled to receive unemployment benefits for 3 months.

Example 10: Mr. Do Van G has 35 months of unemployment insurance contributions and is entitled to receive unemployment benefits for 3 months but does not preserve partial months of unemployment insurance contributions according to the provisions of Clause 7, Article 18 of Decree No. 28/2015/NĐ-CP.

d) The retention of unemployment insurance contribution periods in cases where unemployed workers receiving unemployment benefits have their benefits terminated shall be carried out in accordance with the provisions of Clause 5, Article 21 of Decree No. 28/2015/NĐ-CP.

Social insurance organizations shall, based on the decision terminating the receipt of unemployment benefits by the worker, implement the retention of unemployment insurance contribution periods in the social insurance record for the worker in accordance with the guidelines of the Vietnam Social Security.

Example 11: Mr. Nguyen Van V has 38 months of unemployment insurance contributions, he received unemployment benefits for 03 months and had 02 months of unemployment insurance contributions retained according to Point c, Clause 2 of this Article. The period during which Mr. V received unemployment benefits was from March 2, 2015 to June 1, 2015 (the first month of unemployment benefit receipt from March 2, 2015 to April 1, 2015; the second month of unemployment benefit receipt from April 2, 2015 to May 1, 2015; the third month of unemployment benefit receipt from May 2, 2015 to June 1, 2015). However, on April 25, 2015, Mr. V performed his military service obligation, thus his unemployment benefits were terminated, and therefore he did not receive the final month of unemployment benefits but instead had 12 months of unemployment insurance contributions retained. Therefore, the total period of unemployment insurance contributions retained for Mr. V is 12 months + 2 months = 14 months.

Example 12: Mr. Nguyen Van L has 36 months of unemployment insurance contributions, he received unemployment benefits for 03 months. The period during which Mr. L received unemployment benefits was from March 10, 2015 to June 9, 2015. On May 12, 2015, Mr. L informed the employment service center that he had found employment so that the employment service center could carry out the procedures to terminate his receipt of unemployment benefits. However, in reality, on April 8, 2015, Mr. L entered into a labor contract with a term of 12 months with Company P, the contract becoming effective from the date of signing. Thus, the date of termination of Mr. L's receipt of unemployment benefits is April 8, 2015.

Example 13: Mr. Do Van X has 13 months of unemployment insurance contributions, he received unemployment benefits for 03 months. The period during which Mr. X received unemployment benefits was from March 3, 2015 to June 2, 2015. However, on March 25, 2015, Mr. X found employment, thus Mr. X received the first month of unemployment benefits (from March 3, 2015 to April 2, 2015), corresponding to 12 months of unemployment insurance contributions, so the period of unemployment insurance contributions retained for Mr. X is 01 month.

3. The period of unemployment insurance contributions of workers retained according to the provisions of Clause 5, Clause 6, Clause 7, Article 18 and Clause 5, Article 21 of Decree No. 28/2015/NĐ-CP is the period of unemployment insurance contributions calculated from the last month of unemployment insurance contributions before receiving unemployment benefits.

4. Workers who have their unemployment insurance contribution periods retained according to the regulations shall be responsible for implementing the procedures for retaining unemployment insurance contribution periods in accordance with the guidelines of the Vietnam Social Security.

Article 10. Notification on job search as prescribed in Article 52 of the Labor Law

1. During the period of receiving unemployment benefits, workers must directly notify their job search activities to the employment service center where they are receiving unemployment benefits every month according to Form No. 16 issued together with this Circular, except for cases stipulated in Clauses 2 and 3 of this Article.

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

b) Workers determined to be in the list of diseases requiring long-term treatment with confirmation from a competent healthcare facility;

c) On maternity leave with confirmation from a competent healthcare facility. In the case of male workers whose wives have died after giving birth and who must directly raise the child, the confirmation document is the child's birth certificate and the mother's death certificate;

d) Participating in vocational training courses pursuant to the decision of the Department Director of Labor, Invalids, and Social Affairs and confirmed by the vocational training institution;

đ) Performing seasonal or fixed-term labor contracts lasting less than three months.

Within three working days from the date the worker falls under any of the cases specified in Points b, c, d, đ of Clause 2 of this Article, the worker must send a guarantee letter or authorize another person to submit the application form for not performing monthly job search notifications according to Form No. 17 issued together with this Circular, along with the original or certified copy of one of the documents mentioned above to the employment service center where the worker is receiving unemployment benefits. If sent via postal service, the date is calculated based on the postmark date. After the expiration of the period specified in any of the aforementioned cases, the worker must continue to perform notifications on job search as prescribed.

Example 14: Ms. Tran Thi T has a decision to receive six months of unemployment benefits from March 2, 2015, to September 1, 2015 (specific dates for monthly job search notifications are as follows: the first month of unemployment benefit receipt is the day of receiving the result, the second month from April 3 to April 7, the third month from May 4 to May 6, the fourth month from June 3 to June 5, the fifth month from July 2 to July 6, the sixth month from August 3 to August 7). Ms. T has a decision from the Department Director of Labor, Invalids, and Social Affairs regarding vocational training support, with her training period being three months from April 15, 2015, to July 15, 2015. Therefore, no later than April 18, 2015 (three working days from the date Ms. T received vocational training support), Ms. T must send a confirmation letter from the vocational training institution about her ongoing training to the employment service center where she is receiving unemployment benefits. For the third, fourth, and fifth months of unemployment benefit receipt, Ms. T does not need to notify about job search. However, starting from the sixth month of unemployment benefit receipt, Ms. T must continue to perform notifications on job search as prescribed.

a) Illness but not falling under the case specified in Point b Clause 2 of this Article, with confirmation from a competent healthcare facility;

b) Suffering an accident confirmed by traffic police or a competent medical facility;

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

d) The death of the worker's father, mother, spouse, or child; the worker's marriage or the marriage of the worker's child, with confirmation from the People's Committee of the commune, ward, town.

In cases where workers cannot directly visit the employment service center, they must send a guarantee letter or authorize another person to submit the original or certified copy of one of the documents mentioned above to the employment service center where they are receiving unemployment benefits no later than three working days from the last day of the monthly notification period as prescribed. If sent via postal service, the date is calculated based on the postmark date.

4. The date of monthly notification on job search by workers is specifically recorded in the appendix of the decision on receiving unemployment benefits as follows:

a) The date of the first month of receiving unemployment benefits is the day of receiving the decision on receiving unemployment benefits according to the appointment slip for result delivery;

b) From the second month onwards, workers must perform the monthly notification on job search within three working days from the first day of the month of receiving unemployment benefits.

Example 15: Ms. Nguyen Lan Y has a decision to receive three months of unemployment benefits. The first month of unemployment benefit receipt is from July 2, 2015, to August 1, 2015, the second month from August 2, 2015, to September 1, 2015, the third month from September 2, 2015, to October 1, 2015. After receiving the first month of unemployment benefits, on July 28, 2015, Ms. Y submitted a request to transfer the place of receiving unemployment benefits while the date of her monthly job search notification for the second month of unemployment benefit receipt is from August 3 to August 5, 2015. Therefore, Ms. Y does not need to perform monthly job search notifications with the employment service center of both the place of transfer out and the place of transfer in and will not have her unemployment benefits suspended.

6. A person receiving unemployment benefits shall be deemed to have reported monthly on job search activities when they accurately and fully record the contents in the monthly report on job search activities and are responsible for the content of such reports.

Chapter V
SUPPORT FOR VOCATIONAL TRAINING

Article 11. Submission of Application for Vocational Training Support

Workers who wish to undergo vocational training must directly submit one set of application documents for vocational training support in accordance with Clause 2 of Article 25 of Decree No. 28/2015/NĐ-CP, which is implemented as follows:

1. Persons receiving unemployment benefits shall submit the application for vocational training support at the employment service center where they are receiving unemployment benefits.

Example 16: Ms. Mai Thi K is currently receiving unemployment benefits in Hai Duong Province. During her period of receiving unemployment benefits, Ms. K wishes to undergo vocational training. Therefore, Ms. K must submit the application for vocational training support to the Employment Service Center in Hai Duong Province so that the Center can consider and advise on vocational training, and submit a decision on vocational training support for Ms. K to the Director of the Department of Labor, Invalids and Social Affairs of Hai Duong Province.

2. Workers who have contributed to unemployment insurance for at least nine months but are not currently receiving unemployment benefits, if they wish to undergo vocational training, shall submit the application for vocational training support together with the application for unemployment benefits at the employment service center in the locality where they wish to undergo vocational training.

Example 17: Mr. Nguyen Van M works in Binh Duong Province, with continuous contributions to unemployment insurance for eleven months. Upon termination of his labor contract, Mr. M wishes to undergo vocational training in Ho Chi Minh City. Thus, Mr. M must submit the application for vocational training support along with the application for unemployment benefits to the Employment Service Center in Ho Chi Minh City.

The decision on cancellation of the vocational training support decision issued by the employment service center shall be sent: one copy to the Provincial Social Insurance Fund to prevent payment of vocational training support funds to the vocational training institution; one copy to the vocational training institution to prevent provision of training services to the worker; and one copy to the worker. The decision on cancellation of the vocational training support decision shall be made according to Model No. 20 attached to this Circular.

3. Within two working days from the expiration date of the vocational training support decision, workers may still receive or authorize another person to receive the vocational training support decision if they fall under any of the following circumstances:

a) Illness or childbirth, confirmed by a competent medical facility;

b) Suffering an accident confirmed by traffic police or a competent medical facility;

c) Affected by fire, flood, earthquake, tsunami, enemy attack, epidemic, confirmed by the Chairman of the People's Committee of the commune, ward, town.

5. Monthly, the vocational training institution shall prepare a list signed by the workers undergoing training and transfer it to the social insurance organization for settlement of vocational training support expenses based on the actual time spent in training.

6. Procedures, formalities, and methods of paying vocational training support shall be guided by the Vietnam Social Security.

Chapter VI
SUPPORT FOR TRAINING, UPGRADING, AND ENHANCING VOCATIONAL SKILLS TO MAINTAIN EMPLOYMENT FOR WORKERS

Article 13. Request for Financial Support for Training, Upgrading, and Enhancing Occupational Skills to Maintain Employment for Workers

The request for financial support for training, upgrading, and enhancing occupational skills to maintain employment for workers must include the following basic contents:

1. General information about the unit: Name; address; date of establishment; industry, profession, or field of production and business; representative.

2. The situation of production and business operations of the unit.

3. Total number of workers in the unit, number of workers at risk of being laid off at the time of requesting support (excluding workers with labor contracts of less than three months), number of workers requesting support.

4. Reasons compelling the need to change the production and business structure or technology.

5. Total budget for organizing training, upgrading, and enhancing occupational skills for workers (including detailed cost estimates for implementing the training, upgrading, and enhancing occupational skills plan to maintain employment for workers).

6. Commitment to organize training, upgrading, and enhancing occupational skills and to employ workers according to the approved plan.

Article 14. Plan for Training, Upgrading, and Enhancing Occupational Skills and Maintaining Employment

The plan for training, upgrading, and enhancing occupational skills and maintaining employment includes the following basic contents:

1. General information about the unit: Name; headquarters address; date of establishment; industry, profession, or field of production and business; representative.

2. List of workers undergoing training, upgrading, and enhancing occupational skills to maintain employment at the unit, specifying the profession trained; duration of training; location of training for each worker.

3. Training institution (specify whether the training institution belongs to the unit or is a linked training institution; if it is a linked training institution, attach the linked training contract; the training institution must have registered to operate vocational training according to the law on vocational training).

4. Form of organization of training and expected commencement and completion dates of the course.

5. Plan for maintaining employment for workers after training, upgrading, and enhancing occupational skills including the following contents:

a) Number of workers continuing to work or changing positions suitable for the production and business technology conversion plan;

b) Employer's commitment to using workers according to the plan. If workers are not assigned work, the employer will have to refund the entire financial support for upgrading and enhancing occupational skills.

6. Detailed budget estimate.

Article 15. Level of Financial Support for Training, Upgrading, and Enhancing Occupational Skills to Maintain Employment for Workers as stipulated in Clause 1, Article 4 of Decree No. 28/2015/ND-CP

1. For cases where the training course is conducted at a vocational training institution, the specific level of financial support for training, upgrading, and enhancing occupational skills to maintain employment for workers is calculated monthly based on actual training time, tuition fees for each profession or each training course according to the regulations of the vocational training institution but shall not exceed the support level specified in Clause 1, Article 4 of Decree No. 28/2015/ND-CP.

2. For cases where the training course is organized by the employer, the specific level of financial support for training, upgrading, and enhancing occupational skills to maintain employment for workers is calculated monthly based on actual training time for each profession or each training course but shall not exceed the support level specified in Clause 1, Article 4 of Decree No. 28/2015/ND-CP.

3. For cases where the vocational training course has odd days that do not make up a full month, the support level is calculated on the principle: Less than 15 days is counted as half a month, from 15 days and above is counted as one month to determine the financial support level for training, upgrading, and enhancing occupational skills to maintain employment for workers.

Example 18: Enterprise N receives financial support to train electronic equipment assembly for 100 workers. The training course starts from March 5, 2015, to May 15, 2015, with a support level of 600,000 VND/month/person (the first month is from March 5, 2015, to April 4, 2015; the second month is from April 5, 2015, to May 4, 2015). Therefore, the training course has odd days from May 5, 2015, to May 15, 2015. These odd days are less than 15 days, so they are counted as half a month. Thus, the enterprise N receives financial support for training, upgrading, and enhancing occupational skills for 2.5 months with a total supported amount of: 600,000 VND x 100 people x 2.5 months = 150,000,000 VND.

Chapter VII
IMPLEMENTATION

Article 16. Notification of Labor Force Movements

1. Employers shall notify the employment service center where their office is located about the number of workers currently employed as of October 1, 2015 according to Model No. 28 issued together with this Circular within thirty days from the date mentioned above.

For units established after October 1, 2015, they must notify the employment service center where their office is located about the number of workers employed at the unit according to Model No. 28 issued together with this Circular within thirty days from the date of establishment.

2. Before the third day of each month, employers must notify the employment service center where their office is located about the changes in the labor force working at the unit according to Model No. 29 issued together with this Circular if there are any (based on the calendar month immediately preceding the notification date).

3. In cases where employers reduce fifty or more workers, they must immediately notify the employment service center where their office is located to receive timely advice and support.

Article 17. Periodic Reports on the Implementation of Unemployment Insurance

1. The periodic report of the Department of Labor, Invalids and Social Affairs as stipulated in Clause 3, Article 38 of Decree No. 28/2015/NĐ-CP

Every six months before July 31; annually before January 31, reports must be submitted to the Employment Agency (Ministry of Labor, Invalids and Social Affairs) and the provincial People's Committee regarding the implementation of unemployment insurance policies in the locality according to Model No. 30 issued together with this Circular.

2. The periodic report of the employment service center as stipulated in Clause 5, Article 34 of Decree No. 28/2015/NĐ-CP

a) Before the third day of each month, report to the Department of Labor, Invalids and Social Affairs, the Employment Agency (Ministry of Labor, Invalids and Social Affairs) on the implementation of unemployment insurance policies in the locality according to Model No. 31 issued together with this Circular (based on the calendar month immediately preceding the reporting date);

b) Every six months before July 15; annually before January 15, report to the Department of Labor-Invalids and Social Affairs and the Employment Agency (Ministry of Labor-Invalids and Social Affairs) on the implementation of unemployment insurance policies in the locality according to Model No. 32 issued together with this Circular.

Article 18. Recovery of Unemployment Benefits, Training Support Funds, and Job Maintenance Costs

1. In cases where violations of laws or improper handling of unemployment benefits are discovered, the agency issuing the decision on the receipt of unemployment benefits must issue a decision to recover the wrongly disbursed funds.

2. Based on the recovery decision as stipulated in Clause 1 of this Article, relevant agencies, organizations, and individuals must take responsibility for its implementation.

3. The recovered funds as stipulated in Clauses 2 of this Article shall be transferred into the Unemployment Insurance Fund in accordance with the guidelines of the Vietnam Social Security.

Article 19. Forms Issued Together with This Circular

1. The job counseling and referral form for workers shall be implemented according to Model No. 01.

2. The job referral form for workers shall be implemented according to Model No. 02.

3. The application for unemployment benefits by workers shall be implemented according to Model No. 03.

4. The appointment notice of the employment service center when workers submit applications for unemployment benefits and vocational training support shall be implemented according to Model No. 04.

5. The decision of the Director of the Department of Labor, Invalids and Social Affairs on the receipt of unemployment benefits shall be implemented according to Model No. 05.

6. The decision of the Director of the Department of Labor, Invalids and Social Affairs on temporarily suspending unemployment benefits for those receiving such benefits shall be implemented according to Model No. 06.

7. The decision of the Director of the Department of Labor, Invalids and Social Affairs on resuming unemployment benefits for those whose benefits have been suspended shall be implemented according to Model No. 07.

8. The application of workers not to receive unemployment benefits shall be implemented according to Model No. 08.

9. The decision of the Director of the Department of Labor, Invalids and Social Affairs on canceling the decision to receive unemployment benefits shall be implemented according to Model No. 09.

10. The application of workers to transfer the place of receiving unemployment benefits shall be implemented according to Model No. 10.

11. The introduction letter of the employment service center where the worker is receiving unemployment benefits for transferring the place of receiving unemployment benefits shall be implemented according to Model No. 11.

12. The notification of the employment service center where the worker has moved from to the Provincial Social Insurance about ceasing the payment of unemployment benefits to the worker shall be implemented according to Model No. 12.

13. The request of the employment service center where the worker has moved to to continue the payment of unemployment benefits to the Provincial Social Insurance where the worker has moved to shall be implemented according to Model No. 13.

14. The notification of the Provincial Social Insurance where the worker is receiving unemployment benefits to the employment service center that the worker has not come to collect unemployment benefits shall be implemented according to Model No. 14.

15. The decision of the Director of the Department of Labor, Invalids and Social Affairs on preserving the time of unemployment insurance contributions in cases where workers have not come to collect unemployment benefits shall be implemented according to Model No. 15.

16. The monthly job search notification of workers during the period of receiving unemployment benefits shall be implemented according to Model No. 16.

17. The application not to submit a monthly job search notification shall be implemented according to Model No. 17.

18. The application for vocational training support shall be implemented according to Model No. 18.

19. The decision of the Director of the Department of Labor, Invalids and Social Affairs on providing vocational training support to workers shall be implemented according to Model No. 19.

20. The decision of the Director of the Department of Labor, Invalids and Social Affairs on canceling the decision to provide vocational training support to workers shall be implemented according to Model No. 20.

21. The confirmation of the employment service center on having processed the receipt of unemployment benefits and vocational training support shall be implemented according to Model No. 21.

22. The notification by the employment service center regarding the worker's ineligibility for unemployment benefits and vocational training support shall be carried out according to Form No. 22.

23. The notification by the worker to the employment service center when falling under any of the circumstances terminating eligibility for unemployment benefits as prescribed shall be carried out according to Form No. 23.

24. The decision by the Director of the Department of Labor, Invalids, and Social Affairs on terminating the worker's eligibility for unemployment benefits shall be carried out according to Form No. 24.

25. The handover record of the social insurance book shall be carried out according to Form No. 25.

26. The decision by the Director of the Department of Labor, Invalids, and Social Affairs on approving the training, upgrading, and maintaining employment scheme for workers' skill levels shall be carried out according to Form No. 26.

27. The decision by the Chairman of the Provincial People's Committee on supporting training, upgrading, and enhancing workers' skill levels to maintain employment shall be carried out according to Form No. 27.

28. The initial notification of the number of workers currently employed at the unit shall be carried out according to Form No. 28.

29. The notification by the employer on labor turnover situations shall be carried out according to Form No. 29.

30. The Department of Labor, Invalids, and Social Affairs shall report to the Provincial People's Committee and the Ministry of Labor, Invalids, and Social Affairs on the implementation of unemployment insurance for the first six months of the year and annually, carried out according to Form No. 30.

31. The employment service center shall report to the Department of Labor, Invalids, and Social Affairs and the Employment Bureau (Ministry of Labor, Invalids, and Social Affairs) on the monthly implementation of unemployment insurance, carried out according to Form No. 31.

32. The employment service center shall report to the Department of Labor, Invalids, and Social Affairs and the Employment Bureau (Ministry of Labor, Invalids, and Social Affairs) on the implementation of unemployment insurance for the first six months of the year and annually, carried out according to Form No. 32.

33. The employer shall report to the Department of Labor, Invalids, and Social Affairs on the annual participation in unemployment insurance, carried out according to Form No. 33.

34. The decision on recovering unemployment benefit payments shall be carried out according to Form No. 34.

35. The decision on recovering vocational training support payments shall be carried out according to Form No. 35.

36. The decision on recovering funding for supporting, training, and upgrading workers' skill levels to maintain employment shall be carried out according to Form No. 36.

Chapter VIII
IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Circular takes effect from September 15, 2015. The provisions set forth in this Circular shall apply from January 1, 2015.

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

a) Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010, issued by the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of certain provisions of Decree No. 127/2008/NĐ-CP dated December 12, 2008, of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law concerning unemployment insurance;

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

3. In cases where the deadline is calculated according to the Gregorian calendar and the last day of the period falls on a public holiday or a weekend, the last day of the period shall be the next working day.

During the implementation process, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids, and Social Affairs for timely guidance and supplementation./.