Decree No. 374/2025/NĐ-CP detailing certain provisions of the Labor Law on unemployment insurance

DECREE

DETAILING CERTAIN PROVISIONS OF THE LABOR LAW ON UNEMPLOYMENT INSURANCE

Pursuant to Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Local Administration Organization No. 72/2025/QH15;

Pursuant to the Labor Law No. 74/2025/QH15;

||| Based on the proposal of the Minister of Home Affairs;

The Government issues this Decree detailing certain provisions of the Labor Law on unemployment insurance.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details certain articles and clauses of the Labor Law on unemployment insurance, including Clause 9 Article 33, Clause 5 Article 34, Clause 4 Article 35, Clause 2 Article 36, Clause 5 Article 37, Clause 2 Article 38, Clause 5 Article 39, Clause 2 Article 40, Clause 6 Article 41, Clause 4 Article 42, Clause 5 Article 46, Clause 3 Article 47, and Clause 4 Article 48 of the Labor Law.

Article 2. Applicability

1. Workers and employers who are required to participate in unemployment insurance under Article 31 of the Labor Law.

2. Social Insurance agencies, Provincial Departments of Home Affairs (hereinafter referred to as the Department of Home Affairs), public employment service organizations established by state management bodies for labor affairs (hereinafter referred to as public employment service organizations) shall be assigned tasks to implement unemployment insurance.

3. Agencies, organizations, and individuals related to unemployment insurance as provided for in the Labor Law.

Article 3. Workers currently contributing to unemployment insurance

A worker is determined to be currently contributing to unemployment insurance under Articles 36 and 38 of the Labor Law if they fall into one of the following cases:

1. The worker has contributed to unemployment insurance for the month in which the labor contract, employment contract, or work cessation was terminated according to the law and has been confirmed by the social insurance agency on their social insurance card.

2. The worker has contributed to unemployment insurance for the month immediately preceding the month in which the labor contract, employment contract, or work cessation was terminated and has been confirmed by the social insurance agency on their social insurance card.

3. The worker had a month immediately preceding the month in which the labor contract, employment contract, or work cessation was terminated, or the month in which the labor contract, employment contract, or work cessation was terminated, during which they were absent from work due to illness or maternity leave for 14 working days or more in that month without receiving monthly salary at the workplace and has been confirmed by the social insurance agency on their social insurance card.

4. The worker had a month immediately preceding the month in which the labor contract, employment contract, or work cessation was terminated, or the month in which the labor contract, employment contract, or work cessation was terminated, during which they were absent from work without pay for 14 working days or more in that month at the workplace and has been confirmed by the social insurance agency on their social insurance card.

5. The worker had a month immediately preceding the month in which the labor contract, employment contract, or work cessation was terminated, or the month in which the labor contract, employment contract, or work cessation was terminated, during which they temporarily suspended the performance of the labor contract or employment contract for 14 working days or more in that month at the workplace and has been confirmed by the social insurance agency on their social insurance card.

6. The worker ceased work at the employer who is no longer capable of contributing to unemployment insurance for the worker as stipulated in Clause 2 Article 26 of Decree No. 158/2025/NĐ-CP dated June 25, 2025 of the Government detailing certain provisions of the Social Insurance Law on mandatory social insurance.

Chapter II

PARTICIPATION AND CONTRIBUTION TO UNEMPLOYMENT INSURANCE

Article 4. Unemployment Insurance Contribution Rates

1. Workers contribute at a rate of 1% of their monthly salary.

2. Employers contribute at a rate of 1% of the monthly wage fund of workers participating in unemployment insurance.

a) For employers that are agencies, units, or organizations whose operating expenses are fully covered by the state budget, the state budget will cover the entire unemployment insurance contribution and be allocated within the annual regular expenditure budget of the agency, unit, or organization in accordance with the provisions of the law on分级管理国家预算。

b) For employers that are agencies, units, or organizations whose operating expenses are partially covered by the state budget, the state budget will cover the unemployment insurance contribution for those receiving salaries from the state budget and be allocated within the annual regular expenditure budget of the agency, unit, or organization in accordance with the provisions of the law on分级管理国家预算。The remaining portion of the unemployment insurance contribution shall be borne by the employer in accordance with points c and d of this clause.

c) For employers that are enterprises, units, or organizations engaged in production, business, and service activities, the unemployment insurance contribution shall be recorded as part of the production, business, and service costs for the period.

d) For other employers that are agencies, units, or organizations, the unemployment insurance contribution shall be funded from the operating funds of the agency, unit, or organization in accordance with the provisions of the law.

3. The State provides support up to 1% of the monthly wage fund of workers participating in unemployment insurance and covered by the central government budget.

a) The state budget supports the Unemployment Insurance Fund based on the principle of maintaining an annual fund balance equal to twice the total expenditures for unemployment insurance benefits and organizational and operational costs of the previous year, but the maximum level of support is limited to 1% of the monthly wage fund of workers participating in unemployment insurance.

b) The method of transferring support funds from the state budget to the Unemployment Insurance Fund:

By the fourth quarter each year, the Vietnam Social Security, based on the approved budget for unemployment insurance revenue and expenditure for the year, determines the amount of support funds for the Unemployment Insurance Fund according to the level specified in point a of this clause, and sends it to the Ministry of Finance for a one-time transfer into the Unemployment Insurance Fund.

Within ten working days from the date of receipt of the final report on the revenue and expenditure of the Unemployment Insurance Fund for the previous year, which has been approved by the Social Security Management Board, the Ministry of Finance will review and determine the amount of support funds for the Unemployment Insurance Fund for the previous year. If the amount transferred by the Ministry of Finance exceeds the amount required under point a of this clause, the Vietnam Social Security is responsible for returning the excess to the state budget; if the amount transferred is less than the required amount, the Ministry of Finance will report to the competent authority for approval to provide additional support in the following year.

The source of the support funds for the Unemployment Insurance Fund as stipulated in this clause is guaranteed by the central government budget from the social security expenditure already decided by the National Assembly.

Article 5. Reduction in contributions to the Unemployment Insurance Fund for employers when employing persons with disabilities

1. Employers who recruit new employees who are persons with disabilities and employ them shall be entitled to reduce the unemployment insurance contribution rate from 1% to 0% for the employer's share of unemployment insurance contributions for persons with disabilities during the period of employment, but the support period shall not exceed 12 months starting from the date of recruitment of persons with disabilities.

2. Employers registering participation in unemployment insurance for employees who are persons with disabilities with the social insurance agency to implement the reduction in contributions as stipulated in Clause 1 of this Article must submit a copy of the disability confirmation certificate for each employee.

Article 6. Responsibility for unemployment insurance contributions

1. When terminating labor contracts, employment contracts, or ceasing work, employers must pay full unemployment insurance contributions as prescribed for employees to promptly address unemployment insurance benefits for employees.

2. In cases where employers fail to pay full unemployment insurance contributions for employees, employees have the right to file a lawsuit against the employer at the competent court within three months from the date of termination of the labor contract or employment contract to request resolution of rights related to unemployment insurance according to the law.

Article 7. Basis for unemployment insurance contributions

1. The wage basis for unemployment insurance contributions for employees subject to state-prescribed salary systems shall be implemented according to point a, Clause 1, Article 34 of the Labor Law.

2. The wage basis for unemployment insurance contributions for employees subject to salary systems determined by employers is the monthly wage, including the wage based on job or position, wage allowances, and other supplementary amounts agreed upon regularly and stably paid in each wage payment period. Among these:

a) The wage based on job or position calculated according to time (monthly) of the job or position according to the wage scale established by the employer in accordance with Article 93 of the Labor Code, agreed upon in the labor contract.

b) Wage allowances to compensate for working conditions, complexity of tasks, living conditions, and labor attraction factors that are not fully covered by the wage at point a, Clause 1, agreed upon in the labor contract; excluding allowances dependent on or varying with productivity, work process, and performance quality of the employee.

c) Other supplementary amounts that can be specifically quantified together with the wage at point a, Clause 1, agreed upon in the labor contract and regularly and stably paid in each wage payment period; excluding other supplementary amounts dependent on or varying with productivity, work process, and performance quality of the employee.

d) In cases where employees stop working but still receive a monthly wage equal to or higher than the minimum wage basis for mandatory social insurance as stipulated in the Social Insurance Law, contributions shall be made based on the wage received during the period of cessation of work.

3. The wage basis for unemployment insurance contributions for employees working part-time, with a monthly wage equal to or higher than the minimum wage basis for mandatory social insurance as stipulated in point b, Clause 1, Article 31 of the Labor Law is the monthly wage calculated according to the agreement in the labor contract.

If the labor contract specifies hourly wages, the monthly wage is calculated by multiplying the hourly wage by the number of hours worked in the month as agreed upon in the labor contract.

If the labor contract specifies daily wages, the monthly wage is calculated by multiplying the daily wage by the number of days worked in the month as agreed upon in the labor contract.

If the labor contract specifies weekly wages, the monthly wage is calculated by multiplying the weekly wage by the number of weeks worked in the month as agreed upon in the labor contract.

4. The wage basis for unemployment insurance contributions for business managers, supervisors, representatives of business capital according to the law; members of the Board of Directors, General Managers, Directors, members of the Supervisory Board or supervisors, and other elected management positions in cooperatives and cooperative unions according to the Cooperative Law, who receive wages as stipulated in point d, Clause 1, Article 31 of the Labor Law is the wage received by such individuals according to the law.

5. In cases where the wage recorded in the labor contract and the wage paid to employees is in foreign currency, the wage basis for unemployment insurance contributions shall be calculated in Vietnamese Dong based on the foreign currency wage converted to Vietnamese Dong using the average buying exchange rate for transferring foreign currency to Vietnamese Dong published by commercial banks with state capital at the end of January 2nd for the first six months of the year and July 1st for the last six months of the year; if these dates coincide with holidays or rest days, the exchange rate of the next working day will be used.

6. Regarding suspension of unemployment insurance contributions: Employees participating in unemployment insurance who are temporarily detained or suspended from work for 14 working days or more in a month shall suspend unemployment insurance contributions; if employees receive full wages during the suspension period, both the employee and the employer shall make up the contributions for the period of detention or suspension, simultaneously with making up mandatory social insurance contributions.

Article 8. Duration of Unemployment Insurance Contributions

The duration of unemployment insurance contributions that have been made but not yet received unemployment benefits shall be handled as follows:

1. Preservation of the duration of unemployment insurance contributions when an employee receives unemployment benefits but has months of unemployment insurance contributions that have not yet been settled for unemployment benefits.

An employee who has contributed to unemployment insurance for more than 36 months up to 144 months, the period of contributions not yet settled for unemployment benefits will be preserved. For employees contributing to unemployment insurance for over 144 months, periods of contributions not yet settled for unemployment benefits will not be preserved.

2. Preservation of the duration of unemployment insurance contributions when an employee's decision to receive unemployment benefits is revoked.

When an employee's decision to receive unemployment benefits is revoked according to regulations, the preserved period of unemployment insurance contributions is the period of contributions not yet settled for unemployment benefits.

3. Preservation of the duration of unemployment insurance contributions when an employee receiving unemployment benefits has their benefits terminated.

If an employee's unemployment benefits are terminated under circumstances eligible for preserving the duration of unemployment insurance contributions as stipulated in Clause 5, Article 41 of the Labor Law, then the preserved period of unemployment insurance contributions is the period of contributions not yet settled for unemployment benefits.

An individual receiving unemployment benefits who finds employment under circumstances where a labor contract or work contract has been established and reported to the public employment service organization as required, but does not yet have a copy of the labor contract or work contract, must provide a commitment stating the effective date of the labor contract or work contract, the reason for not being able to provide a copy of the labor contract or work contract, and submit a copy of the labor contract or work contract within three working days from the date of receipt of the labor contract or work contract. In cases sent through postal services, the date on the postal stamp will be considered.

4. Preservation of the duration of unemployment insurance contributions when an employee does not come to collect unemployment benefits.

If an employee does not come to collect money and does not notify the social insurance agency in writing within three months from the end date of the unemployment benefit period specified in the decision to receive unemployment benefits, the period of unemployment insurance contributions corresponding to the months of unemployment benefits not collected will be preserved.

5. Preservation of the duration of unemployment insurance contributions for cases where an employee's period of unemployment insurance contributions is confirmed and supplemented by the social insurance agency after termination of unemployment benefits.

If an employee has a period of unemployment insurance contributions of 36 months or more as the basis for receiving unemployment benefits, the supplementary period of unemployment insurance contributions confirmed by the social insurance agency will be preserved as the basis for calculating unemployment insurance benefits when the conditions are met as prescribed.

If an employee has a period of unemployment insurance contributions less than 36 months as the basis for the last time receiving unemployment benefits, the supplementary period of unemployment insurance contributions confirmed by the social insurance agency will be preserved according to the following principle:

6. The preserved period is calculated as the total period of unemployment insurance contributions minus the period of contributions already settled for unemployment benefits based on the principle that each month of unemployment benefits corresponds to twelve months of unemployment insurance contributions, and minus the odd months of contributions not yet settled for unemployment benefits preserved in the decision regarding the settlement of unemployment benefits (if any).

7. The social insurance agency bases decisions related to the receipt of unemployment benefits and confirmation of supplementary periods of unemployment insurance contributions to implement the preservation of the period of unemployment insurance contributions in the Social Insurance Book for employees.

Record in the Social Insurance Book the period of unemployment insurance contributions preserved and the wage base for contributions corresponding to the period of unemployment insurance contributions preserved as stipulated in Clauses 1, 2, 3, and 4 of this Article is the period of unemployment insurance contributions counted from the last month of unemployment insurance contributions before receiving unemployment benefits.

Record in the Social Insurance Book the period of unemployment insurance contributions preserved and the wage base for contributions corresponding to the period of unemployment insurance contributions preserved as stipulated in Clause 5 of this Article is the period of unemployment insurance contributions counted from the last month of unemployment insurance contributions confirmed by the social insurance agency for supplementary periods of unemployment insurance contributions.

Chapter III

SUPPORT FOR COUNSELING AND JOB INTRODUCTION

Article 9. Documents for requesting job counseling and job introduction

1. Job counseling application form according to Form No. 01 attached as Appendix I issued together with Decree No. 352/2025/NĐ-CP dated December 30, 2025 of the Government detailing certain provisions of the Labor Law on labor services.

2. Documents confirming the termination of the labor contract, employment contract, or cessation of work as stipulated at point b, Clause 1, Article 14 of this Decree (for the first time submitting a job counseling and job introduction application after becoming unemployed).

Article 10. Procedures and formalities for requesting job counseling and job introduction

1. The worker must fill in all information in the job counseling application form according to Form No. 01 attached as Appendix I issued together with Decree No. 352/2025/NĐ-CP.

2. The worker submits one set of documents as prescribed in Article 9 of this Decree directly to the public employment service organization or through the National Public Service Portal or by postal service. In case the application is submitted through the National Public Service Portal, the Portal will notify the worker about the counseling timeframe and method. Within three working days specified in the appointment slip, the worker will be counseled and introduced to jobs.

3. The public employment service organization receives the application for job counseling and job introduction, and based on the worker's needs and capabilities, as well as the hiring requirements of employers, provides advice and support to help the worker make appropriate job choices and provide additional information on relevant laws and policies.

4. After being counseled and having a need for job introduction, the public employment service organization sends the worker the job introduction form according to Form No. 01 issued along with this Decree so that the worker can participate in the recruitment process.

In cases where the application is submitted through the National Public Service Portal or by postal service without the worker personally visiting the public employment service organization for counseling, the results of the job introduction form will be sent through the National Public Service Portal or by postal service for the worker to know and participate in the recruitment process.

5. The public employment service organization is responsible for monitoring the recruitment results to promptly support the worker, while compiling the job-seeking needs of workers, analyzing and forecasting the labor market to timely provide counseling and job introduction support for workers participating in unemployment insurance.

Chapter IV

SUPPORT FOR WORKERS TO PARTICIPATE IN TRAINING AND IMPROVEMENT OF VOCATIONAL SKILLS LEVELS

QUALIFICATION LEVEL OF VOCATIONAL SKILLS

Article 11. Level of support for training and improvement of vocational skills levels

1. Tuition Fees:

a) For those participating in training and improving vocational skills levels under three months: The level of support is calculated based on the tuition fee of the vocational training institution but not exceeding VND 4,500,000 per person per training course.

b) For those participating in training and improving vocational skills levels for three months or more: The level of support is calculated monthly based on the tuition fee of the vocational training institution but not exceeding VND 1,500,000 per person per month.

2. Meals:

Participants in training and improving vocational skills levels are supported with meal allowance at VND 50,000 per person per day of actual study.

3. The duration of support for training and improving vocational skills levels is calculated based on the training period of the vocational training institution but not exceeding six months. In cases where the training course has odd days not constituting a full month, the odd days are counted according to the principle: up to fourteen days are counted as half a month, and fifteen days or more are counted as one month.

4. Methods of support

a) The social insurance agency pays the training and skill improvement tuition fee support costs through the vocational training institution;

b) The social insurance agency pays the meal allowance for workers directly to the workers.

5. For training courses with higher tuition fees than the support level prescribed in Clause 1 of this Article, the excess amount must be paid by the worker themselves.

Article 12. Submission of application files for supporting workers to participate in training and improve vocational skills

1. Application file for requesting support for training and improving vocational skills

a) The application file for workers who are waiting for the result of unemployment benefit payment resolution or currently receiving unemployment benefits and have the need to be supported for training and improving vocational skills at the location where they are waiting for the result of unemployment benefit payment resolution or currently receiving unemployment benefits shall be the training and skill improvement support request form according to Model No. 02 issued together with this Decree.

b) The application file for workers who are currently receiving unemployment benefits and have the need to be supported for training and improving vocational skills at a location other than where they are receiving unemployment benefits includes: the support request document for training and improving vocational skills as stipulated in point a of this clause; the original or certified copy or the original accompanied by a copy for comparison or the electronic version of the Decision on receiving unemployment benefits.

c) The application file for workers not falling under the cases stipulated in points a and b of this clause includes: the support request document for training and improving vocational skills as stipulated in point a of Clause 1 of this Article; the original or certified copy or the original accompanied by a copy for comparison or the electronic version of one of the documents confirming the termination of labor contracts/work contracts or cessation of work as stipulated in point b of Clause 1 of Article 14 of this Decree; social insurance book.

2. Submission of application files for supporting workers to participate in training and improve vocational skills

a) Workers submit one set of application files directly to a public employment service organization or through the National Public Service Portal. In case of direct submission: the application file as prescribed in Clause 1 of this Article. In case workers submit application files through the National Public Service Portal: the application file is a scanned copy of the original or a scanned copy of the certified copy or the electronic version of one of the documents confirming the termination of labor contracts/work contracts or cessation of work as stipulated in point b of Clause 1 of Article 14 of this Decree.

b) Workers may authorize another person to submit the application file or send it via postal service if they fall into one of the following situations: illness or maternity leave confirmed by a competent medical facility; accident confirmed by traffic police or a competent medical facility; fire, flood, earthquake, tsunami, enemy attack, epidemic confirmed by the Chairman of the People's Committee of the commune.

In case of submitting application files via postal service: the application file as prescribed in Clause 1 of this Article. The date of submission in the above cases is the date when the authorized person directly submits the application file or the date marked on the postal stamp for the case of sending via postal service.

3. Deadline for submission:

a) For workers as prescribed in Clause 1 of Article 37 of the Law on Employment are during the period of receiving unemployment benefits.

b) For workers as prescribed in Clause 2 of Article 37 of the Law on Employment are within a period of 12 months from the date of termination of labor contracts or work contracts or cessation of work for the subjects as stipulated in point d of Clause 1 of Article 31 of the Law on Employment.

Article 13. Procedures and formalities for vocational training and skill enhancement support

1. Workers who meet the conditions stipulated in Clause 1 and Clause 2 of Article 37 of the Labor Law shall be supported with one time tuition fee for one course of vocational training or skill enhancement at a vocational education center, a college, a university, or a business registered to operate vocational education at the secondary level or a business registered to operate vocational education at the basic level (hereinafter referred to as vocational training institution).

2. Public employment service organizations shall receive, examine applications, and schedule the issuance of results regarding vocational training and skill enhancement support. Public employment service organizations shall issue the results to workers within three working days as recorded on the result issuance notification form No. 04 issued together with this Decree and deliver directly to the applicant if the application was submitted in person, or send through postal services if the application was submitted via postal services. In cases where workers submit applications through the National Public Service Portal, the portal shall notify the worker about the result issuance schedule within three working days.

3. Within fifteen working days from the date of receiving complete applications for vocational training and skill enhancement support, public employment service organizations shall have the responsibility to specifically determine the profession, duration, level of support, and vocational training institution to present to the Director of the Department of Civil Service Affairs for a decision on vocational training and skill enhancement support for workers. If the application lacks necessary information for processing, the public employment service organization shall request the worker to supplement and complete the application and request form No. 03 issued together with this Decree.

The start date for participating in vocational training and skill enhancement for workers is the date following the issuance of the decision on vocational training and skill enhancement support but not exceeding three months from the date of issuance of the decision on vocational training and skill enhancement support for those not currently receiving unemployment benefits, and not exceeding three months from the end date of unemployment benefit receipt according to the decision on unemployment benefit receipt for those currently receiving unemployment benefits.

In cases where workers wish to participate in ongoing vocational training courses being conducted by vocational training institutions, workers may still be supported to join these courses if the start date of the course does not exceed one month from the date of issuance of the decision on vocational training and skill enhancement support, and the vocational training institution ensures to provide make-up classes for the full knowledge during the period before the worker's participation in the course. The support period for vocational training and skill enhancement for workers starts on the first day of the vocational training course and ends on the last day of the support period for vocational training and skill enhancement.

The decision on vocational training and skill enhancement support implemented according to Form No. 05 issued together with this Decree shall be sent by public employment service organizations: one copy to the provincial social insurance agency for payment to the vocational training institution; one copy to the vocational training institution for conducting vocational training for workers; one copy to the worker; one copy to the Department of Civil Service Affairs; and one copy to the public employment service organization where the worker is currently receiving unemployment benefits (in cases where the worker is supported for vocational training and skill enhancement in a location other than where they are receiving unemployment benefits).

For applications submitted through the National Public Service Portal, the decision on vocational training and skill enhancement support shall be sent: one copy to the vocational training institution for conducting vocational training for workers; one copy to the worker; one copy to the Department of Civil Service Affairs; and one copy to the public employment service organization where the worker is currently receiving unemployment benefits (in cases where the worker is supported for vocational training and skill enhancement in a location other than where they are receiving unemployment benefits); one copy to the provincial social insurance agency through the National Public Service Portal.

In cases where workers are not supported for vocational training and skill enhancement, public employment service organizations must respond in writing according to Form No. 06 issued together with this Decree and clearly state the reasons.

In cases where workers have received a decision on vocational training and skill enhancement support but have not participated in the course or have been terminated from receiving unemployment benefits while participating in the course, they will still be supported for vocational training and skill enhancement according to the decision of the Director of the Department of Civil Service Affairs.

4. For workers stipulated in Clause 2 of Article 37 of the Labor Law, within ten working days from the date of receiving complete applications, if workers do not have a need for vocational training and skill enhancement support, workers must submit a request not to receive support according to Form No. 07 issued together with this Decree either directly at the public employment service organization or through the National Public Service Portal.

5. In cases where workers submit applications in person, after the deadline recorded on the result issuance notification, if workers do not come to receive the Decision on Vocational Training and Skill Enhancement Support, it shall be considered that they do not have a need for support, and the public employment service organization shall report to the Director of the Department of Civil Service Affairs to cancel the decision on vocational training and skill enhancement support for workers according to Form No. 08 issued together with this Decree.

Decision on the cancellation of the training support decision, improving vocational skill level sent by the public employment service organization: 01 copy to the provincial social insurance agency to refrain from paying the training support, improving vocational skill level funds to the vocational training institution; 01 copy to the vocational training institution to refrain from providing vocational training to workers; 01 copy to the worker; 01 copy to the Department of Personnel Affairs; and 01 copy to the public employment service organization where the worker is receiving unemployment benefits (In case the worker receives training support, improving vocational skill level at a location other than where they are receiving unemployment benefits).

In the event that the worker does not come to collect the Social Insurance Book within thirty days, the public employment service organization shall transfer the worker's Social Insurance Book to the provincial social insurance agency for management.

6. Within five working days from the last day of the month of study or the end date of the course, the vocational training institution is responsible for compiling a list and transferring it to the social insurance agency for payment of the training support fund for workers participating in training, improving vocational skill levels.

7. Within five working days from the date of receipt of the list provided by the vocational training institution, the social insurance agency shall implement the payment of tuition fees to the vocational training institution and the provision of food allowances to workers.

8. The procedures and formalities for the payment of training support for workers participating in training, improving vocational skill levels are regulated by the Vietnam Social Security. The payment of tuition fees follows the principle of monthly payment, with workers required to attend at least one day of classes in that month; food allowances are supported on a monthly basis based on actual days of attendance.

Chapter V

UNEMPLOYMENT BENEFITS

Article 14. Submission of application for unemployment benefits

1. The application for unemployment benefits includes:

a) An application for unemployment benefits according to Model No. 10 issued together with this Decree.

b) The original or certified copy or the original accompanied by a copy for comparison or an electronic version of one of the following documents confirming the termination of the labor contract/work contract or cessation of work: the expired or completed labor contract or work contract; termination decision; dismissal decision; disciplinary decision compelling termination; notice or agreement terminating the labor contract or work contract; confirmation by the employer containing specific information about the worker, type of labor contract signed, reasons and date of termination of the labor contract for the worker; confirmation by the competent state authority regarding the dissolution, bankruptcy of the enterprise or cooperative, or decisions to remove, dismiss, or demote appointed positions if the worker is a business manager or cooperative manager; in cases where the worker does not have documents confirming the termination of the labor contract due to the absence of a legal representative or authorized person by the legal representative in the employing unit, the following procedure shall be followed:

Workers in units without a legal representative or authorized person by the legal representative who wish to terminate their labor contract to enjoy unemployment insurance benefits shall request the Department of Personnel Affairs to handle the procedures to confirm the termination of the labor contract or work contract.

The Department of Personnel Affairs shall send a letter requesting the Department of Finance to confirm the absence of a legal representative or authorized person by the legal representative in the employing unit within three working days from the date of receipt of the worker's request.

The Department of Finance shall coordinate with tax authorities, police, and local authorities where the employing unit is located to verify the content of the absence of a legal representative or authorized person by the legal representative in the employing unit.

The Department of Finance shall send a reply letter to the Department of Personnel Affairs regarding the content of the absence of a legal representative or authorized person by the legal representative in the employing unit within ten working days from the date of receipt of the request for confirmation from the Department of Personnel Affairs.

For workers employed under a fixed-term labor contract of at least one month but less than twelve months, the document confirming the termination of the labor contract is the original or certified copy of the contract.

c) Social Insurance Book.

The social insurance agency shall confirm the payment of unemployment insurance and return the Social Insurance Book to the worker within five working days from the date of receipt of the request from the employer.

For employers belonging to agencies, units, enterprises under the Ministry of National Defense and the Ministry of Public Security, the Vietnam Social Security of the Ministry of National Defense and the Vietnam Social Security of the People's Public Security shall confirm the payment of unemployment insurance and return the Social Insurance Book to the worker within thirty days from the date of receipt of the request from the employer.

2. Submission of application for unemployment benefits

a) Within three months from the date of termination of the labor contract or work contract or cessation of work or from the date of confirmation by the competent authority regarding the inability of the employer to pay unemployment insurance as stipulated in Clause 6, Article 3 of this Decree, unemployed workers who wish to receive unemployment benefits must submit directly or through the National Public Service Portal one set of the application for unemployment benefits to the public employment service organization in the locality where the worker wishes to receive unemployment benefits.

In the case where the employee submits the application through the National Public Service Portal: the application shall be a scanned copy of the original or a scanned certified copy or an electronic version of one of the documents confirming the termination of the labor contract or employment contract. The application for unemployment benefits submitted directly shall be carried out in accordance with the provisions of Clause 1 of this Article.

b) Workers may authorize another person to submit the application file or send it via postal service if they fall into one of the following situations: illness or maternity leave confirmed by a competent medical facility; accident confirmed by traffic police or a competent medical facility; fire, flood, earthquake, tsunami, enemy attack, epidemic confirmed by the Chairman of the People's Committee of the commune.

The date of submission of the application for unemployment benefits in the aforementioned cases is the day on which the authorized person directly submits the application or the postmark date for the case of submission via postal service.

c) A public employment service organization shall be responsible for receiving, checking the application, and scheduling the outcome of the unemployment benefit resolution. The public employment service organization shall deliver the outcome to the employee within three working days as recorded on the result notification form No. 04 issued together with this Decree, and send it directly to the applicant for direct submissions or send it via postal service for submissions through the postal service. In the case where the employee submits the application through the National Public Service Portal, the National Public Service Portal shall notify the employee about the scheduled outcome within three working days.

3. Within ten working days from the date of submitting the application for unemployment benefits, if the employee does not wish to receive unemployment benefits, the employee must submit a request not to receive unemployment benefits according to Form No. 11 issued together with this Decree to the public employment service organization where the employee submitted the application for unemployment benefits.

In the case where the employee directly submits the application, the public employment service organization shall return the application for unemployment benefits to the employee on the day of delivering the outcome as recorded on the result notification form.

Article 15. Amount and months of unemployment benefit

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

In the case where the last few months before unemployment, the employee had interruptions in paying unemployment insurance, the six consecutive months for calculating the unemployment benefit amount shall be the average salary of the six months of unemployment insurance payment immediately preceding the termination of the labor contract, employment contract, or cessation of work as stipulated by law.

The maximum monthly amount of unemployment benefit for employees shall not exceed five times the minimum regional wage applicable at the time of termination of the labor contract, as provided in the Labor Code.

2. The months of unemployment benefit shall be calculated according to the calendar month. Each month of unemployment benefit shall be counted from the day the employee starts receiving unemployment benefits to the corresponding day of the following month minus one day, and in the case where there is no corresponding day in the following month, the end date of the month of unemployment benefit shall be the last day of that month.

Article 16. Procedure for Unemployment Benefit Payment

1. Public employment service organizations shall be responsible for reviewing and submitting to the Director of the Department of Home Affairs for a decision on unemployment benefit payment for workers within fifteen working days from the date of receiving complete application files in accordance with regulations; in cases where application files for unemployment benefit payment are sent through postal services, the receipt date of the file shall be considered as the date indicated on the postal stamp. In cases where the application files lack necessary information for processing, the public employment service organization shall request workers to supplement and complete their application files according to Model No. 03 issued together with this Decree.

The decision on unemployment benefit payment shall be sent by the public employment service organization: one copy to the Provincial Social Insurance for implementing unemployment benefit payment and issuing health insurance cards to workers; one copy to the worker entitled to unemployment benefits. In cases where workers submit applications online via the National Public Service Portal, the decision on unemployment benefit payment shall be sent one copy to the worker and one copy to the Provincial Social Insurance through the National Public Service Portal.

The decision on unemployment benefit payment shall be implemented according to Model No. 12 issued together with this Decree.

In cases where workers are not entitled to unemployment benefits, the public employment service organization must notify in writing and specify the reasons. For cases where workers submit applications online, this notification shall be sent via the National Public Service Portal.

2. Unemployment Benefit Payment

The social insurance agency shall implement unemployment benefit payments to workers within five working days from the date when workers have completed the period for receiving the decision on unemployment benefit payment or the monthly job search report submission period.

3. For cases where workers submit applications directly, if workers do not come to receive the decision on unemployment benefit payment within three working days from the date indicated on the appointment result receipt slip, it shall be deemed that they do not have the need for unemployment benefits.

Within two working days from the expiration of the period for receiving the decision on unemployment benefit payment, the public employment service organization must inform the social insurance agency about cases where workers do not come to receive the decision on unemployment benefit payment to stop payments as prescribed.

Within seven working days from the date when workers do not come to receive the decision on unemployment benefit payment as prescribed, the public employment service organization shall submit to the Director of the Department of Home Affairs for a decision to revoke the decision on unemployment benefit payment for workers.

The decision to revoke the decision on unemployment benefit payment shall be sent by the public employment service organization: one copy to the Provincial Social Insurance to cease unemployment benefit payments to workers; one copy to the worker. The decision to revoke the decision on unemployment benefit payment shall be implemented according to Model No. 08 issued together with this Decree.

4. After three months from the date when workers have completed the period for receiving unemployment benefits as decided but workers do not come to receive unemployment benefit payments and do not notify the social insurance agency in writing where they are receiving unemployment benefits, such workers shall be deemed as not having the need for unemployment benefits.

Within seven working days after the aforementioned period, the social insurance agency must notify the public employment service organization where workers are receiving unemployment benefits about the fact that workers do not come to receive unemployment benefit payments. The notification about workers not coming to receive unemployment benefit payments shall be implemented according to Model No. 13 issued together with this Decree.

Within ten working days from the date of receiving the notification from the social insurance agency, the public employment service organization shall be responsible for reviewing and submitting to the Director of the Department of Home Affairs for a decision to retain the time of unemployment insurance contributions for workers.

The decision to retain the time of unemployment insurance contributions shall be sent by the public employment service organization: one copy to the Provincial Social Insurance to implement the retention of the time of unemployment insurance contributions for workers; one copy to the worker. In cases where workers submit applications online via the National Public Service Portal, the decision to retain the time of unemployment insurance contributions shall be sent one copy to the Provincial Social Insurance and one copy to the worker through the National Public Service Portal.

The decision to retain the time of unemployment insurance contributions shall be implemented according to Model No. 14 issued together with this Decree.

For applications submitted through the National Public Service Portal, the decision to retain the time of unemployment insurance contributions shall be sent one copy to the worker and one copy to the Provincial Social Insurance through the National Public Service Portal.

5. Procedures, formalities, and methods of unemployment benefit payment shall be guided by the Vietnam Social Insurance.

Article 17. Suspension of Unemployment Benefit Payment

Within two working days from the date when the worker does not report monthly job search activities as prescribed, the public employment service organization where the worker is receiving unemployment benefits shall submit to the Director of the Department of Home Affairs for a decision on suspending the worker's unemployment benefit payment.

The decision on suspending the unemployment benefit payment shall be sent by the public employment service organization: one copy to the Provincial Social Insurance for implementing the suspension of unemployment benefit payment for the worker; one copy to the worker. In case the worker submits the application through the National Public Service Portal, the decision on suspending the unemployment benefit payment shall be sent one copy to the worker, one copy to the Provincial Social Insurance through the National Public Service Portal.

The decision on suspending the unemployment benefit payment shall be implemented according to Model No. 15 issued together with this Decree.

Article 18. Resumption of Unemployment Benefit Payment

If a worker whose unemployment benefit payment has been suspended still has time left to receive unemployment benefits and continues to report monthly job search activities as prescribed, within two working days from the date when the worker reports monthly job search activities, the public employment service organization shall submit to the Director of the Department of Home Affairs for a decision on resuming the unemployment benefit payment for the worker.

The decision on resuming the unemployment benefit payment shall be sent by the public employment service organization: one copy to the Social Insurance Office to implement the resumption of unemployment benefit payment for the worker; one copy to the worker. In case the worker submits the application through the National Public Service Portal, the decision on resuming the unemployment benefit payment shall be sent one copy to the worker, one copy to the Provincial Social Insurance through the National Public Service Portal.

The decision on resuming the unemployment benefit payment shall be implemented according to Model No. 16 issued together with this Decree.

Article 19. Termination of Unemployment Benefit Payment

1. Cases where workers currently receiving unemployment benefits have their unemployment benefits terminated are stipulated as follows:

a) Having employment and being subject to mandatory social insurance contributions under the Law on Social Insurance.

A worker is considered to have employment if they fall into one of the following cases: having entered into a labor contract or employment contract, including cases where the worker and the employer agree on a different name but the content reflects paid work for at least one month. The day when the worker is determined to have employment is the day the labor contract or employment contract becomes effective according to the law; there is a recruitment or appointment decision for those who do not belong to the category of entering into a labor contract or employment contract. The day when the worker is determined to have employment in this case is the day recorded in the recruitment or appointment decision; having a business registration certificate for self-employed individuals or a company registration certificate for business owners. The day when the worker is determined to have employment is the day the worker reports to the public employment service organization about the start of business operations for the household business or company; going abroad for work under a contract. The day when the worker is determined to go abroad for work under a contract is the day the worker departs according to the law on entry and exit.

b) Performing military service, performing duties in the People's Police, or serving in the People's Militia.

The day when the worker is determined to be performing military service, performing duties in the People's Police, or serving in the People's Militia is the day the worker enlists.

c) Receiving monthly pension.

The day when the worker is determined to be receiving monthly pension is the first day of pension calculation recorded in the document of the social insurance agency regarding the worker's monthly pension receipt.

d) Refusing job offers twice from the public employment service organization where the worker is receiving unemployment benefits without valid reasons.

Workers receiving unemployment benefits who refuse jobs falling into one of the following categories are considered to have no valid reasons: workers introduced to suitable jobs matching their trained profession or previous work experience by the public employment service organization, but did not participate in the job interview; workers who participated in the job interview introduced by the public employment service organization and were hired by the employer but refused the offered job, except in cases where the job does not match the job advertisement of the employer.

The day when the worker is determined to have their unemployment benefit payment terminated is the second day when the worker falls into one of the above situations.

e) For three consecutive months during the period of receiving unemployment benefits, failing to report monthly job search activities to the public employment service organization as prescribed.

The day when the worker is determined to have their unemployment benefit payment terminated is the last day of the reporting period for the third consecutive month when the worker fails to report monthly job search activities.

f) Leaving the country to settle abroad.

The day when the worker is determined to leave the country to settle abroad is the day the worker departs according to the law on entry and exit.

g) Attending study programs lasting over 12 months.

The day when the worker is determined to attend study programs lasting over 12 months is the day recorded in the admission notice.

h) Being administratively punished for violating unemployment insurance laws.

The date on which the worker is determined to be subject to an administrative violation penalty as mentioned above is the date on which the worker is penalized according to the decision of the competent authority.

i) Death

The date determining the death of the worker is the date recorded on the death certificate.

k) Execution of the decision applying measures for placement in a rehabilitation school, compulsory educational facility, or compulsory drug rehabilitation facility

The date on which the worker is determined to execute the decision applying measures for placement in a rehabilitation school, compulsory educational facility, or compulsory drug rehabilitation facility is the date on which the administrative handling measure begins, as recorded in the decision of the competent authority.

l) Declared missing by the court

The date on which the worker is declared missing is recorded in the court's decision.

m) Detained, serving a prison sentence

The date on which the worker is determined to be detained or serving a prison sentence is the date on which the detention or prison sentence execution decision of the competent authority begins to be implemented.

n) At the worker’s request

The date on which the worker ceases to receive unemployment benefits is the date on which the worker requests the public employment service organization.

Within three working days from the date the worker falls under the cases stipulated in Clause 5 Article 41 of the Law on Employment and Point c Clause 1 of this Article, the worker must directly or through the National Public Service Portal notify the public employment service organization where they are receiving unemployment benefits, along with a copy of the relevant document concerning the cessation of unemployment benefits.

The worker shall notify the cessation of unemployment benefits according to Form No. 17 issued together with this Decree.

3. If a worker receiving unemployment benefits is terminated from receiving such benefits, the public employment service organization where the worker is receiving unemployment benefits shall submit a decision regarding the termination of unemployment benefits to the Director of the Department of Home Affairs for approval.

The decision regarding the termination of unemployment benefits shall be sent by the public employment service organization: one copy to the Provincial Social Insurance for implementing the termination of unemployment benefits for the worker; one copy to the worker. In case the worker submits the application through the National Public Service Portal, the decision regarding the termination of unemployment benefits shall be sent one copy to the worker and one copy to the Provincial Social Insurance through the National Public Service Portal.

The decision regarding the termination of unemployment benefits shall be made according to Form No. 18 issued together with this Decree.

4. If a worker receiving unemployment benefits is terminated from receiving such benefits during the month they are receiving unemployment benefits, the worker will still receive unemployment benefits for that entire month.

5. If a worker is terminated from receiving unemployment benefits under the cases stipulated in Clause 5 Article 41 of the Law on Employment and does not comply with the notification requirement as stipulated in Clause 2 of this Article, the time period for unemployment insurance contributions will not be preserved.

Article 20. Transfer of Place to Receive Unemployment Benefits

1. A worker who has received at least one month of unemployment benefits as prescribed and wishes to transfer the place to receive unemployment benefits to another province or centrally governed city must submit a request for transfer of the place to receive unemployment benefits directly or through the National Public Service Portal according to Form No. 19 issued together with this Decree and send it to the public employment service organization where they are currently receiving unemployment benefits.

2. Within three working days from the date of receipt of the worker's request, the public employment service organization is responsible for sending a notice of transfer of the place to receive unemployment benefits to the Provincial Social Insurance to stop the payment of unemployment benefits according to Form No. 20 issued together with this Decree, and simultaneously sending an introduction letter according to Form No. 21 issued together with this Decree and the file for transferring the place to receive unemployment benefits to the public employment service organization where the worker is transferring to.

The file for transferring the place to receive unemployment benefits includes:

a) The worker's request for transfer of the place to receive unemployment benefits;

b) Introduction letter for transfer of the place to receive unemployment benefits;

c) Copy of the decision to receive unemployment benefits;

d) Copies of decisions on vocational training support, temporary suspension of unemployment benefits, and continuation of unemployment benefits (if any);

đ) Monthly job search notification (if any) and other documents included in the unemployment benefit receipt file.

3. Within three working days from the date of receipt of the file for transferring the place to receive unemployment benefits transferred by the worker, the public employment service organization sends a request to the Provincial Social Insurance in the new location to continue the payment of unemployment benefits and issue a health insurance card to the worker. The request to the Provincial Social Insurance follows Form No. 22 issued together with this Decree.

4. In the event that the worker has received the file for transferring the place to receive unemployment benefits but has not submitted it to the public employment service organization in the new location and no longer wishes to transfer the place to receive unemployment benefits, the worker must return the introduction letter for transfer of the place to receive unemployment benefits to the public employment service organization in the original location. Within three working days from the date of receipt of the returned introduction letter for transfer of the place to receive unemployment benefits, the public employment service organization sends a request to the social insurance agency in the original location to continue the payment of unemployment benefits and issue a health insurance card to the worker.

5. In the event that the worker no longer wishes to transfer the place to receive unemployment benefits, the worker shall submit a request to withdraw the file for transferring the place to receive unemployment benefits to the public employment service organization in the original location according to Form No. 23 issued together with this Decree.

Within three working days from the date of receiving the request to withdraw the unemployment benefit claim transfer file of the worker, the public employment service organization at the transferring location shall send the referral letter according to Model No. 21 issued together with this Decree and the unemployment benefit claim transfer file to the public employment service organization at the transferring-out location.

6. The social insurance agency at the location where the worker transfers to receive unemployment benefits shall implement the payment of unemployment benefits and issue the health insurance card for the worker in accordance with the provisions of the law.

Article 21. Notification on Job Search

1. During the period of receiving unemployment benefits, the worker must directly or through the National Public Service Portal notify about job search activities to the public employment service organization at the location where they are currently receiving unemployment benefits according to Model No. 24 issued together with this Decree monthly.

2. The date on which the worker notifies monthly about job search activities shall be specifically recorded in the appendix of the decision on the receipt of unemployment benefits of the worker as follows:

a) The monthly notification date regarding job search activities of the first month of receiving unemployment benefits must fall within the three-working-day period during which the worker receives the result of the unemployment benefit receipt resolution.

b) From the second month of receiving unemployment benefits onwards, the monthly notification date regarding job search activities must fall within the three-working-day period starting from the first day of the month of receiving unemployment benefits.

In cases where the time for notifying about job search activities falls within the period affected by fire, flood, earthquake, tsunami, enemy attack, epidemic, and the worker cannot notify about job search activities, the public employment service organization shall consider and submit to the Director of the Department of Civil Affairs for a decision on adjusting the monthly notification date regarding job search activities to ensure the rights of the worker.

3. If the notification date regarding job search activities of the worker falls within the period of transferring locations to receive unemployment benefits, the worker must notify monthly about job search activities to the public employment service organization at the transferring location.

4. A worker receiving unemployment benefits is considered to have notified monthly about job search activities when they accurately and fully record all contents in the monthly notification regarding job search activities and bear responsibility for the content of the notification.

5. Within two working days from the end of the monthly notification deadline regarding job search activities of the worker, the public employment service organization must inform the social insurance agency of cases where workers fail to notify monthly about job search activities to stop the payment of unemployment benefits in accordance with the regulations.

Chapter VI

SUPPORTING EMPLOYERS TO TRAIN, ENRICH, AND IMPROVE THE SKILL LEVEL OF WORKERS TO MAINTAIN EMPLOYMENT

Article 22. Objectives and Conditions for Supporting Employers to Train, Enrich, and Improve the Skill Level of Workers to Maintain Employment

1. Employers specified in Clause 3, Article 31 of the Labor Law who must reduce or are at risk of reducing their workforce participating in unemployment insurance by 30% or more, or 30 workers or more for employers using less than 200 workers; 50 workers or more for employers using between 200 and 1000 workers; 100 workers or more for employers using more than 1000 workers, and who fall under one of the following circumstances:

a) Changing the structure or technology as prescribed in the Labor Code.

b) For economic reasons as prescribed in the Labor Code, confirmed by the Chairman of the People's Committee of the commune.

c) The headquarters or branch or representative office or production and business facility is located in an area affected by natural disasters, fire, enemy attacks, dangerous epidemics, or has suffered damage to infrastructure, equipment, machinery, and factories due to natural disasters, fire, enemy attacks, dangerous epidemics, confirmed by the Chairman of the People's Committee of the commune.

d) Implementing the decision of the competent state authority regarding relocation or reduction of the production and business site.

2. Employers specified in Clause 1 of this Article shall be supported once if they meet the following conditions:

a) Paying unemployment insurance contributions as prescribed in Clause 2, Article 33 of the Labor Law for at least 12 months within the last 24 months up to the month immediately preceding the month of the support application or the month of the day of the training, enrichment, and skill improvement application to maintain employment for workers if the employer has paid unemployment insurance for that month.

b) Having a training, enrichment, and skill improvement plan and an employment maintenance plan for workers in the same profession for a minimum of 12 months according to Model No. 25 issued together with this Decree.

Article 23. Level and Duration of Support for Employers to Train, Enhance, and Improve Workers' Occupational Skills to Maintain Employment

1. The level of support is calculated monthly based on the tuition fee of vocational training institutions, but not exceeding VND 1,000,000 per person per month.

2. The duration of support for training, enhancing, and improving occupational skills is determined according to the training period of vocational training institutions, but not exceeding six months.

In cases where workers participate in vocational training, enhancement, and improvement programs with odd days that do not constitute a full month, the calculation principle is as follows: less than fifteen days is counted as half a month, and from fifteen days and above is counted as one month to determine the amount of support for training, enhancement, and improvement of occupational skills to maintain employment.

3. In cases where workers participating in vocational training, enhancement, and improvement programs terminate their labor contracts or employment contracts under the provisions of Clause 1, Clause 2, Clause 3, and Clause 4 of Article 25 of this Decree, the training time of the month when the worker terminates the labor contract or employment contract or the immediately following month shall be considered for payment of support funds according to the following principles:

a) In cases where the last day of training of the worker before terminating the labor contract or employment contract does not fall within the month of the vocational training, enhancement, and improvement program with odd days as stipulated in Clause 2 of this Article, if the worker studies at least one day in that month, it will be counted as one month.

b) In cases where the last day of training of the worker before terminating the labor contract or employment contract falls within the month of the vocational training, enhancement, and improvement program with odd days as stipulated in Clause 2 of this Article, the calculation principle is as follows: less than fifteen days is counted as half a month, and from fifteen days and above is counted as one month.

4. For vocational training, enhancement, and improvement programs with costs higher than the support level specified in Clause 1 of this Article, the excess cost shall be borne by the employer.

Article 24. Supporting Documentation for Employers to Train, Enhance, and Improve Workers' Occupational Skills to Maintain Employment

1. A request for support for vocational training, enhancement, and improvement of occupational skills to maintain employment according to Model No. 26 issued together with this Decree.

2. An original or certified copy or an electronic copy of one of the following documents confirming that the employer qualifies for support as stipulated in Clause 1 of Article 22 of this Decree, specifically:

a) A document from the employer regarding changes in organizational structure or technology.

b) A confirmation document from the Chairman of the People's Committee of the commune where the employer's main office or branch or representative office or production and business facility is located and has been affected due to economic reasons.

c) A confirmation document from the Chairman of the People's Committee of the commune where the employer's main office or branch or representative office or production and business facility is located and is situated in an area affected by natural disasters, fires, enemy attacks, dangerous epidemics, or damage to infrastructure, equipment, machinery, and factories caused by natural disasters, fires, enemy attacks, or dangerous epidemics.

d) A decision from a competent state agency regarding relocation or reduction of the production and business site.

3. A plan for vocational training, enhancement, and improvement of occupational skills to maintain employment as stipulated in Point b, Clause 2 of Article 22 of this Decree.

4. A confirmation document from the social insurance agency where the employer pays unemployment insurance for the worker as stipulated in Point a, Clause 2 of Article 22 of this Decree.

Article 25. Responsibility for organizing training, upgrading, and enhancing vocational skills to maintain employment for workers

The employer shall be responsible for organizing training, upgrading, enhancing vocational skills, and utilizing labor according to the plan approved under the support decision of the Director of the Department of Home Affairs. If, after being trained, upgraded, and enhanced in vocational skills, the worker is not arranged and maintained in employment according to the approved plan or if the worker is participating in a training, upgrading, or enhancing vocational skills program and terminates the labor contract or work contract, the employer will have to fully refund the training, upgrading, and enhancing vocational skills support funds for that worker, except in the following cases:

1. The employer has the right to unilaterally terminate the labor contract with the worker in accordance with the provisions of the Labor Code or unilaterally terminate the work contract with the worker in accordance with the provisions of the Civil Servant Law.

2. The worker is dismissed in accordance with the Labor Code.

3. The worker unilaterally terminates the labor contract as stipulated in Clause 1, Article 35 and Point d, e Clause 2, Article 35 of the Labor Code or unilaterally terminates the work contract as stipulated in Clause 4 and Point d, e Clause 5, Article 29 of the Civil Servant Law.

4. The worker unilaterally terminates the labor contract contrary to the law in accordance with the provisions of the Labor Code or unilaterally terminates the work contract not in accordance with the provisions of the Civil Servant Law.

Article 26. Procedures and formalities for supporting employers in organizing training, upgrading, and enhancing vocational skills to maintain employment for workers

1. Employers who need support for training, upgrading, and enhancing vocational skills to maintain employment for workers shall request the social insurance agency where they are currently participating in social insurance to confirm their full payment of unemployment insurance as provided for in Point a, Clause 2, Article 22 of this Decree. At the same time, the employer shall request the Chairman of the People's Committee of the commune to confirm if it falls within one of the cases specified in Points b and c, Clause 1, Article 22 of this Decree.

The social insurance agency shall confirm within two working days from the date of receipt of the employer's request. The Chairman of the People's Committee of the commune shall confirm within five working days from the date of receipt of the employer's request.

2. Within six months from the date the employer is subject to the provisions of Clause 1, Article 22 of this Decree and has the need for support in training, upgrading, and enhancing vocational skills to maintain employment for workers, the employer must submit the application form as prescribed in Article 24 of this Decree to the local public employment service organization at the main office location. In case the employer submits the application through the National Public Service Portal, the application form shall be a copy of the original or a copy of the certified copy or an electronic version of the documents prescribed in Clauses 2, 3, and 4, Article 24 of this Decree. In case the employer submits the application through postal services, the submission date is the date recorded on the postal stamp.

The public employment service organization shall take the lead and coordinate with relevant agencies and units to examine the application form, report to the Director of the Department of Home Affairs for a decision on supporting the employer in organizing training, upgrading, and enhancing vocational skills to maintain employment for workers within twenty working days from the date of receiving the complete application form as prescribed. In case the application form lacks sufficient information for processing, the public employment service organization shall require the employer to supplement and complete the application form, request form according to Model No. 03 issued together with this Decree. The decision on supporting training, upgrading, and enhancing vocational skills to maintain employment for workers shall be made according to Model No. 27 issued together with this Decree.

The decision on supporting training, upgrading, and enhancing vocational skills to maintain employment for workers shall be sent by the public employment service organization: one copy to the provincial social insurance agency for implementation of the support fund disbursement; one copy to the employer for implementation; and one copy to the vocational training institution in case the training is not conducted by the employer.

In case there is no support, the public employment service organization must reply in writing and specify the reasons to the employer according to Model No. 28 issued together with this Decree.

In case the employer submits the application through the National Public Service Portal, the processing and result delivery will be carried out through the National Public Service Portal.

4. Within three working days from the date of receipt of the support decision of the Director of the Department of Home Affairs, the provincial social insurance agency shall transfer the entire support fund once to the employer.

5. Within two working days from the date of receipt of the support fund, the employer shall implement the transfer of the fund to the vocational training institution in case the training is not conducted by the employer according to the approved plan.

6. Within forty-five days from the end of the training, the employer must complete or cooperate with the vocational training institution in case the training is not conducted by the employer to complete the final settlement of the training, upgrading, and enhancing vocational skills expenses and report in writing the results of implementation to the public employment service organization where the employer submitted the application.

7. Within five working days from the date of receipt of the implementation results report of the employer as stipulated in Clause 6 of this Article, the public employment service organization shall report to the Director of the Department of Home Affairs to issue a decision on recovering any remaining training funds (if any) according to Model No. 29 issued together with this Decree.

Decision on the recovery of funding for training, upgrading, and improving vocational skills to maintain employment for workers sent by public employment service organizations: 01 copy to the Provincial Social Insurance for implementation of recovery, 01 copy to the employer for implementation.

8. Within five working days from the date of receipt of the Decision on the recovery of funding for training, upgrading, and improving vocational skills to maintain employment for workers, the employer must return the funding to the Unemployment Insurance Fund.

9. In cases where the employer has submitted an application for support for training, upgrading, and improving vocational skills to maintain employment for workers but has not yet received the support funding or has already received the support funding but has not organized training, upgrading, and improving vocational skills for workers according to the approved plan and no longer requires support, the employer must notify in writing using Form No. 30 issued together with this Decree to the public employment service organization where the application was submitted. The procedures and formalities for handling are as follows:

a. In cases where the public employment service organization has not yet submitted to the Director of the Department of Civil Service Management and Supervision for a decision on supporting employers to train, upgrade, and improve vocational skills to maintain employment for workers, the application will be returned to the employer.

b. In cases where the public employment service organization has already submitted to the Director of the Department of Civil Service Management and Supervision for a decision on supporting employers to train, upgrade, and improve vocational skills to maintain employment for workers but has not yet sent it to the provincial social insurance agency for implementation of transferring the support funding to the employer, within three working days from the date of receipt of the notification from the employer, the public employment service organization shall request the Director of the Department of Civil Service Management and Supervision to issue a decision to cancel the decision on supporting training, upgrading, and improving vocational skills to maintain employment for workers using Form No. 31 issued together with this Decree and send one copy to the employer for implementation.

c. In cases where the employer has already received the support funding for training, upgrading, and improving vocational skills to maintain employment for workers, within three working days from the date of receipt of the notification from the employer, the public employment service organization shall request the Director of the Department of Civil Service Management and Supervision to issue a decision to recover the support funding for training, upgrading, and improving vocational skills using Form No. 29 issued together with this Decree.

Decision on the recovery of funding for training, upgrading, and improving vocational skills to maintain employment for workers sent by public employment service organizations: 01 copy to the Provincial Social Insurance for implementation of recovery, 01 copy to the employer for implementation.

Within five working days from the date of receipt of the Decision on the recovery of funding for training, upgrading, and improving vocational skills to maintain employment for workers, the employer must return the funding to the Unemployment Insurance Fund.

10. In cases where the employer cannot arrange and maintain employment for workers according to the approved plan stipulated in point b, Clause 2, Article 22 of this Decree, the employer must return the entire amount of the support funding provided for those workers to the Unemployment Insurance Fund, the procedures and formalities for handling are as follows:

a. Within two working days from the date of termination of the labor contract, employment contract, or cessation of work with workers according to the approved plan, the employer must notify in writing using Form No. 32 issued together with this Decree along with the confirmation document regarding the termination of the labor contract or employment contract or cessation of work by the employer for the worker to the public employment service organization where the application was submitted.

b. Within three working days from the date of receipt of the notification from the employer and the documents as stipulated in point a of this clause, the public employment service organization shall request the Director of the Department of Civil Service Management and Supervision to issue a decision to recover the support funding for training, upgrading, and improving vocational skills to maintain employment for workers using Form No. 29 issued together with this Decree.

Decision on the recovery of funding for training, upgrading, and improving vocational skills to maintain employment for workers sent by public employment service organizations: 01 copy to the Provincial Social Insurance for implementation of recovery, 01 copy to the employer for implementation.

c. Within five working days from the date of receipt of the decision to recover the support funding for training, upgrading, and improving vocational skills to maintain employment for workers, the employer must return the funding to the Unemployment Insurance Fund.

11. The procedures, formalities, and forms for transferring support funding to employers and recovering support funding for training, upgrading, and improving vocational skills to maintain employment for workers by employers shall be carried out in accordance with the guidelines of the Vietnam Social Security.

Chapter VII

UNEMPLOYMENT INSURANCE FUND

Article 27. Organization and operation of unemployment insurance

1. The content and level of expenditure for the organization and operation of unemployment insurance shall be implemented according to the content and level of expenditure for the organization and operation of social insurance as stipulated in the Social Insurance Law and the Government's regulations on financial mechanisms for social insurance, unemployment insurance, and health insurance; expenditure for the organization and operation of social insurance, unemployment insurance, and health insurance.

2. The expenditure for the organization and operation of unemployment insurance of public employment service organizations shall be determined based on the workload and the price of public services using the unemployment insurance fund issued by the Ministry of Home Affairs, and based on the tasks assigned and approved by the competent authority as stipulated in Articles 16, 17, Clause 2, Clause 3 of Article 18, Clause 4, Clause 9, Clause 10, Clause 11 of Article 19, and Clause 1 of Article 20 of Decree No. 233/2025/NĐ-CP dated August 26, 2025 of the Government on financial mechanisms for social insurance, unemployment insurance, and health insurance; expenditure for the organization and operation of social insurance, unemployment insurance, and health insurance.

3. The list of public services using the Unemployment Insurance Fund includes:

a) Group of job counseling and job introduction services for workers: Counseling services; job introduction services.

b) Group of services for resolving support for vocational training, skill improvement, and maintaining employment for workers: Services for receiving and processing applications for support for vocational training, skill improvement, and maintaining employment for workers; services for delivering results of support for vocational training, skill improvement, and maintaining employment for workers.

c) Group of services for resolving unemployment benefits: Services for receiving and processing applications for unemployment benefits; services for notifying about job search; services for suspending unemployment benefits; services for continuing unemployment benefits; services for terminating unemployment benefits; services for transferring and receiving transfers of places to receive unemployment benefits.

d) Services for receiving and processing support for workers participating in vocational training and skill improvement: Services for receiving and processing applications for support for workers participating in vocational training and skill improvement; services for delivering results of support for workers participating in vocational training and skill improvement.

4. The price of public services using the Unemployment Insurance Fund shall be issued by the Ministry of Home Affairs.

Article 28. Investment Activities from the Unemployment Insurance Fund

1. The list and methods of investment of the unemployment insurance fund shall be carried out according to the list and methods of investment of the social insurance fund as stipulated in the Social Insurance Law.

2. Investment activities from the unemployment insurance fund shall be carried out according to the Government's Decree detailing investment activities from the social insurance fund, health insurance fund, unemployment insurance fund, and any supplementary documents (if applicable).

Chapter VIII

RIGHTS AND RESPONSIBILITIES OF AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS IN THE IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

Article 29. Rights of Workers

1. Receiving a social insurance book with full confirmation of unemployment insurance contributions when terminating a labor contract or employment contract.

2. Enjoying unemployment insurance benefits as prescribed.

3. Being authorized to have another person submit an application for unemployment benefits and receive the decision on unemployment benefits as prescribed.

4. Requesting employers to provide information on unemployment insurance contributions; requesting public employment service organizations and social insurance agencies to provide relevant information on unemployment insurance.

5. Filing complaints and reports regarding unemployment insurance as prescribed by law.

6. Other rights as prescribed by law.

Article 30. Obligations of Workers

1. Pay unemployment insurance contributions fully and timely as prescribed.

2. Comply with regulations on participation in unemployment insurance.

3. Safeguard and use the social security book and health insurance card in accordance with the regulations.

4. When concluding multiple labor contracts upon termination of a labor contract participating in unemployment insurance, workers must notify the subsequent employer to continue participating in unemployment insurance as prescribed.

5. Submit application files for unemployment benefits and vocational training support according to the regulations at public employment service organizations when needed.

6. Monthly report to public employment service organizations about job search activities during the period of receiving unemployment benefits as prescribed.

7. Within ten working days from the date of submitting the application file for unemployment benefits/vocational training support, if the worker finds employment, they must immediately inform the public employment service organization where the application was submitted.

8. Receive notifications regarding non-eligibility for unemployment benefits or vocational training support, decisions on eligibility for unemployment benefits, decisions on revocation of eligibility for unemployment benefits, decisions on vocational training support, decisions on suspension of unemployment benefits, decisions on continuation of unemployment benefits, decisions on termination of unemployment benefits, and decisions on retention of unemployment insurance contribution periods as prescribed.

9. Report to public employment service organizations in accordance with the regulations when falling under circumstances leading to termination of unemployment benefits as prescribed.

10. Participate and comply with legal provisions on vocational training, upgrading, and enhancing occupational skills when employers organize such training and upgrading to maintain employment for workers as supported by the Director of the Department of Home Affairs.

11. Fully comply with legal provisions on unemployment insurance and other related legal provisions.

Article 31. Rights of Employers

1. Be supported in organizing vocational training, upgrading, and enhancing occupational skills to maintain employment for workers as prescribed.

2. Refuse to implement requests that do not conform to legal provisions on unemployment insurance.

3. Lodge complaints and denunciations regarding unemployment insurance in accordance with legal provisions.

4. Other rights as prescribed by law.

Article 32. Responsibilities of Employers

1. Take the lead and coordinate with grassroots trade unions to disseminate information, promote, and popularize policies and laws on unemployment insurance.

2. Identify participants in unemployment insurance, follow procedures and formalities for joining unemployment insurance, pay unemployment insurance contributions fully, sufficiently, and promptly as prescribed by law.

3. Safeguard workers' unemployment insurance participation records during their employment at the unit. Present relevant documents and provide information upon request by competent state authorities during inspections and audits on unemployment insurance.

4. Provide information on unemployment insurance contributions within two working days from the date the worker requests.

5. Provide documentation on termination of labor contracts/employment contracts or cessation of work within two working days from the date the worker terminates the labor contract/employment contract or ceases work. Complete the procedure to confirm unemployment insurance contributions for workers to complete their unemployment benefit application files as prescribed.

6. Coordinate with public employment service organizations to provide labor contracts/employment contracts when requested to verify employment information. Notify public employment service organizations where the employer's office is located of any labor changes occurring at the unit. For units under military forces, follow guidelines issued by the Minister of National Defense and the Minister of Public Security.

7. Before January 15 each year, report to the Department of Home Affairs on the previous year's participation in unemployment insurance.

8. Organize and implement vocational training, upgrading, and enhancement of occupational skills for workers and utilize workers who have undergone such training and upgrading according to the approved plan accompanying the Decision on Support for Vocational Training, Upgrading, and Enhancement of Occupational Skills to Maintain Employment for Workers issued by the Director of the Department of Home Affairs.

9. Utilize funds correctly for intended purposes and report the results of organized training to the public employment service organization where the employer submitted the application after completing the training, upgrading, and enhancement of occupational skills as prescribed.

10. In cases where the number of workers increases or decreases by fifty or more, the employer must report labor changes using Model No. 33 issued together with this Decree to the public employment service organization where the employer's office is located to receive timely advice and support.

11. Fulfill other responsibilities as prescribed by law.

Article 33. Rights of public employment service organizations

1. Refuse requests for unemployment insurance benefits that do not comply with legal regulations.

2. Propose to competent state agencies the establishment, amendment, and supplementation of policies and laws on unemployment insurance and management of the Unemployment Insurance Fund.

3. Propose to competent state agencies the handling of violations of laws on unemployment insurance.

4. Other rights as prescribed by law.

Article 34. Responsibilities of public employment service organizations

1. Organize information dissemination, propaganda, and promotion of policies and laws on unemployment insurance.

2. Organize the acceptance and review of applications for training and skill enhancement support to maintain employment for workers, submit to the Director of the Department of Home Affairs for issuance of a support decision. Monitor and supervise the implementation of training and skill enhancement support according to the support decision of the Director of the Department of Home Affairs.

3. Organize the acceptance, examination, and processing of procedures for resolving applications for unemployment benefit payments, training, and skill enhancement support. In cases where there is inconsistency between electronic data on population, social insurance, and unemployment insurance of workers and information on valid legal documents such as Citizen Identity Cards, social insurance books, or other lawful documents during the provision of online public services, public employment service organizations have the responsibility to guide workers to request competent authorities to review, compare, and adjust electronic data and submit applications directly in accordance with regulations.

4. Provide counseling and job introduction services for workers in accordance with legal provisions.

5. Timely inform the social insurance agency when workers do not report to receive decisions on unemployment benefit payments, do not report on job search activities, and are in situations where unemployment benefit payments are terminated according to regulations before submitting to the Director of the Department of Home Affairs for issuance of decisions to cancel unemployment benefit payment decisions, suspend unemployment benefit payments, and terminate unemployment benefit payments. Implement the recovery of unemployment insurance benefit payments due to non-compliance with regulations stipulated in Clause 3, Article 16 and Clause 5, Article 21 of this Decree.

6. Apply information technology and conduct electronic transactions in accepting, processing, and managing unemployment insurance application files uniformly nationwide; ensure connectivity and data sharing among unemployment insurance implementing units, social insurance agencies, and related agencies through the National Public Service Portal and specialized information systems in accordance with legal regulations; ensure information security and confidentiality; maintain, update, and operate the information system stably and promptly handle or report to competent authorities for handling technical issues arising during the implementation of electronic transactions.

7. Inspect, monitor, and update information related to unemployment insurance benefit receipt of workers.

8. Regularly report monthly, quarterly, and annually, and report promptly to the Ministry of Home Affairs and the Department of Home Affairs on unemployment insurance in accordance with legal regulations.

9. Provide materials and information related to unemployment insurance upon request of workers, trade unions, and competent authorities in accordance with legal regulations.

10. Store and preserve unemployment insurance application files in accordance with legal regulations.

11. Organize professional training, skill enhancement, and the application of information technology in managing unemployment insurance and processing unemployment insurance benefit receipt for workers in accordance with legal regulations.

12. Before the 3rd day of each month, public employment service organizations report to the Department of Home Affairs, the Employment Agency (Ministry of Home Affairs) on the implementation of unemployment insurance policies in their jurisdiction according to Form No. 34 issued together with this Decree (based on the Gregorian calendar month immediately preceding the reporting period).

13. Periodically every six months, before July 15th; annually before January 15th, public employment service organizations report to the Department of Home Affairs, the Employment Agency (Ministry of Home Affairs) on the implementation of unemployment insurance policies in their jurisdiction according to Form No. 35 issued together with this Decree.

14. Participate in international cooperation on unemployment insurance.

15. Fulfill other responsibilities as prescribed by law.

Article 35. Rights of the Social Insurance Agency

1. Inspect the payment of unemployment insurance for workers and employers.

2. Refuse to pay unemployment benefits that do not comply with legal regulations.

3. Stop paying unemployment benefits for cases where there is evidence that the receipt of unemployment insurance does not comply with legal regulations.

4. Propose to competent authorities to establish, amend, or supplement policies, laws, and regulations on unemployment insurance; manage and utilize the Unemployment Insurance Fund; handle violations of unemployment insurance laws, or propose to competent state agencies to handle such violations according to legal regulations.

5. Other rights as prescribed by law.

Article 36. Responsibilities of the Social Insurance Agency

1. Annually notify each worker about their unemployment insurance payment information.

2. Promote and disseminate unemployment insurance policies, laws, and regulations; guide procedures for registering participation and collecting unemployment insurance from workers and employers who are eligible for unemployment insurance.

3. Organize the collection of unemployment insurance.

4. Provide information about workers' participation and payment of unemployment insurance to public employment service organizations within the area, except for the Social Insurance of the Ministry of National Defense and the Social Insurance of the People's Public Security.

5. Pay unemployment benefits; support training and improving vocational skills; support training and enhancing vocational skills to maintain employment for workers.

6. Stop paying unemployment benefits to maintain employment for workers when there is a decision from a competent authority.

Recover funds received from incorrect payments of unemployment benefits according to benefit decisions or incorrect payment times as stipulated by law, or incorrect collection of unemployment insurance leading to incorrect processing of unemployment benefits.

7. Issue health insurance cards and pay health insurance premiums for individuals receiving unemployment benefits according to legal regulations.

8. Manage and utilize the Unemployment Insurance Fund according to legal regulations.

9. Implement measures to preserve and increase the Unemployment Insurance Fund according to legal regulations.

10. Transfer management fees for unemployment insurance to the Ministry of Home Affairs as stipulated.

11. Organize statistical and accounting work related to unemployment insurance.

12. Coordinate with public employment service organizations in applying information technology, conducting electronic transactions in managing, confirming, and resolving unemployment insurance benefits, storing files of unemployment insurance participants; ensure connectivity, data sharing, verification, and utilization through the National Public Service Portal and specialized information systems according to legal regulations; while implementing measures to ensure information security, maintaining, updating, and operating the information system stably, and promptly handling or reporting technical issues to competent authorities during electronic transactions.

13. Provide complete and timely information about participation and payment of unemployment insurance; review and verify electronic data and social insurance books; report to competent authorities to adjust electronic data when workers request.

14. Provide materials and information related to unemployment insurance upon request of competent state agencies.

15. Resolve complaints and denunciations regarding the implementation of unemployment insurance according to legal regulations.

16. Report every six months, before July 31 and annually before January 31, to the Ministry of Finance and the Ministry of Home Affairs on the situation of collection, expenditure, management, and use of the Unemployment Insurance Fund for the first half of the year and the previous year.

17. Fulfill other responsibilities as prescribed by law.

Article 37. Rights of the Department of Home Affairs

1. Issuing decisions on unemployment benefits, decisions on training support to improve vocational skills, decisions on suspending unemployment benefits, decisions on continuing unemployment benefits, decisions on terminating unemployment benefits, decisions on revoking decisions on unemployment benefits, and decisions on preserving unemployment insurance contribution periods.

2. Issuing decisions on training, upgrading, and improving vocational skills to maintain employment for workers; issuing decisions to revoke training, upgrading, and improving vocational skills to maintain employment for workers, and decisions to recover training and upgrading costs for maintaining employment for workers.

3. Monitoring and inspecting the implementation of laws related to unemployment insurance.

4. Resolving complaints, denunciations, suggestions, and reflections regarding unemployment insurance according to the provisions of the law.

5. Proposing to competent authorities to establish, amend, and supplement policies, regulations, and laws related to unemployment insurance.

6. Handling violations of laws related to unemployment insurance within its authority or proposing to competent authorities to handle such violations.

7. Other rights as prescribed by law.

Article 38. Responsibilities of the Department of Home Affairs

1. Leading and coordinating with relevant agencies to organize information dissemination and propaganda on policies and laws related to unemployment insurance.

2. Resolving complaints and denunciations from organizations and individuals regarding the implementation of unemployment insurance regimes according to the provisions of the law.

3. Recovering funds received from incorrect implementation of unemployment insurance regimes or issuing and transferring decisions to revoke unemployment benefits, terminate unemployment benefits, and suspend unemployment benefits not in accordance with the prescribed deadlines.

4. Leading and coordinating with relevant functional agencies to organize the recovery of funds received from incorrect implementation of unemployment insurance regimes when the cause for recovery is not due to the unemployment insurance implementing agency.

5. Applying information technology and conducting electronic transactions in receiving, processing, and managing unemployment insurance claim files uniformly nationwide; directing and guiding the application of information technology and conducting electronic transactions in receiving, processing, and managing unemployment insurance claim files at public employment service organizations; ensuring data connectivity and sharing between unemployment insurance implementing units, social insurance agencies, and relevant agencies through the National Public Service Portal and specialized information systems as prescribed by law.

6. Implementing periodic six-monthly, annual, and ad hoc reporting to the Ministry of Home Affairs and provincial People's Committees as prescribed by law.

7. Providing materials and information related to unemployment insurance upon request of competent authorities.

8. Implementing international cooperation and participating in scientific research on unemployment insurance.

9. Fulfilling other responsibilities as prescribed by law.

Article 39. Rights of the Ministry of Interior

1. Issuing guiding documents on unemployment insurance.

2. Monitoring and inspecting the implementation of unemployment insurance.

3. Handling violations related to unemployment insurance in accordance with the law.

4. Other rights as prescribed by law.

Article 40. Responsibilities of the Ministry of Interior

1. Taking the lead and coordinating with other ministries to propose amendments and supplements to the regime, policies, and laws on unemployment insurance to competent authorities.

2. Implementing unified state management of unemployment insurance from central to local levels.

3. Taking the lead and coordinating with other ministries and sectors to guide the organization and implementation of unemployment insurance.

4. Taking the lead and coordinating with other ministries and sectors to supervise, evaluate, and inspect specialized agencies, organizations, enterprises, and individuals related to the implementation of laws on unemployment insurance annually or at any time.

5. Taking the lead and coordinating with relevant agencies to organize information dissemination and propaganda on policies and laws regarding unemployment insurance.

6. Taking the lead and coordinating with relevant agencies to resolve complaints and denunciations of organizations and individuals concerning the implementation of unemployment insurance benefits in accordance with the law.

7. Taking the lead and coordinating with other ministries and sectors to build, guide, organize the implementation, and manage the application of information technology, electronic transactions in handling and managing unemployment insurance uniformly nationwide; ensuring connectivity and data sharing between information systems, ensuring cybersecurity and personal data protection in accordance with the law. Maintaining stable operation and addressing technical issues arising during the implementation process.

8. Summarizing difficulties and obstacles during the implementation process and reporting proposals and recommendations to competent authorities.

9. Issuing service charges for public services using the Unemployment Insurance Fund before July 1, 2026.

10. Providing materials and information related to unemployment insurance upon request of competent authorities.

11. Implementing international cooperation and participating in scientific research on unemployment insurance.

12. Fulfilling other responsibilities as prescribed by law.

Article 41. Rights of the Ministry of Finance

1. Issuing guiding documents on unemployment insurance.

2. Directing social insurance agencies to implement unemployment insurance.

3. Other rights as prescribed by law.

Article 42. Responsibilities of the Ministry of Finance

1. Taking the lead and coordinating with other ministries to propose amendments and supplements to regulations on financial mechanisms for unemployment insurance to competent authorities.

2. Ensuring the budgetary support for the Unemployment Insurance Fund as prescribed.

3. Coordinating with other ministries and sectors to organize the implementation and management of the application of information technology, electronic transactions in disbursing unemployment insurance benefits uniformly nationwide; ensuring connectivity and data sharing with public employment service organizations, the National Public Service Portal, and other information systems, ensuring cybersecurity and personal data protection in accordance with the law.

4. Fulfilling other responsibilities as prescribed by law.

Chapter IX

IMPLEMENTING PROVISIONS

Article 43. Transitional Provisions

1. The period during which employers pay unemployment insurance for employees shall be counted towards exemption from liability to pay severance pay or termination allowance as prescribed by labor and civil servant laws.

2. The actual working period of employees under labor contracts or work contracts with employers without having to pay unemployment insurance shall be counted towards eligibility for severance pay or termination allowance as prescribed by current labor laws or termination allowance as prescribed by civil servant laws.

3. Amend Article 1 of Decree No. 212/2025/NĐ-CP dated July 25, 2025 of the Government detailing investment activities from the social insurance fund, health insurance fund, and unemployment insurance fund as follows: "This Decree details investment activities from the social insurance fund, health insurance fund, and unemployment insurance fund managed by the Vietnam Social Security in accordance with Clause 4, Article 122, Clause 3, Article 123, and Clause 5, Article 137 of the Social Insurance Law, Clause 5, Article 35 of the Health Insurance Law (amended and supplemented at Clause 27, Article 1 of Law No. 51/2024/QH15 amending and supplementing certain provisions of the Health Insurance Law), and Article 47 of the Labor Law."

4. For employers who have submitted applications for training and skill enhancement support to maintain employment for employees before this Decree takes effect but have not yet received decisions on funding for such training and skill enhancement, they shall follow the provisions of this Decree.

5. For employees who have submitted applications for training and skill enhancement support or unemployment benefits before this Decree takes effect but have not yet received decisions on such support, the benefits shall be implemented according to the provisions of this Decree.

Article 44. Implementation Organization

1. The Minister of the Ministry of Interior is responsible for guiding and implementing this Decree.

2. The Ministers of the Ministry of Defense and the Ministry of Public Security shall, based on their functions and tasks, be responsible for guiding and organizing the implementation of this Decree.

3. Other relevant ministries and sectors within their functions, tasks, and authorities shall be responsible for organizing the implementation of this Decree.

Article 45. Effective Date

1. This Decree takes effect from January 1, 2026.

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

a) Decree No. 28/2015/NĐ-CP dated March 12, 2015 of the Government detailing some provisions of the Labor Law on unemployment insurance;

b) Decree No. 61/2020/NĐ-CP dated May 29, 2020 of the Government amending and supplementing some provisions of Decree No. 28/2015/NĐ-CP dated March 12, 2015 of the Government detailing some provisions of the Labor Law on unemployment insurance.

3. As for the deadlines specified in days in this Decree, the first day of the deadline shall not be counted but shall start from the next consecutive day of the determined date. If the next consecutive day coincides with a holiday or weekend, that day shall be considered as starting from the next working day.

Article 46. Responsibility for Implementation

The Minister, Head of an agency at the level of a ministry, Head of an agency under the Government, Chairman of the People's Committee of provinces and centrally governed cities, relevant agencies, organizations, enterprises, and individuals shall be responsible for implementing this Decree./.