Law on Employment No. 38/2013/QH13

LAW

Employment

_______

 

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Mobile Police VEmployment,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates policies to support job creation; labor market information; assessment and issuance of national vocational skill certificates; organization and operation of employment services; unemployment insurance and state management of employment.

Article 2. Applicability

This Law applies to workers, employers, and other agencies, organizations, and individuals related to employment.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Workers are Vietnamese citizens aged 15 years or older who have the ability to work and the desire to work.

2. Employment is labor activity that generates income and is not prohibited by law.

3. National vocational skill standards are provisions regarding specialized knowledge, practical skills, and the ability to apply such knowledge and skills to work at each level of vocational skill proficiency that workers must possess to perform their jobs.

4. Unemployment insurance is a system designed to compensate for part of the income loss of workers when they lose their jobs, supporting workers to learn new skills, maintain employment, and find new jobs based on contributions to the Unemployment Insurance Fund.

5. Public employment is temporary paid work created through the implementation of projects or activities using state capital linked to economic and social development programs in communes, wards, towns (hereinafter referred to collectively as commune level).

Article 4. Principles of Employment

1. Ensuring the right to work and freedom to choose employment and place of work.

2. Equality of employment opportunities and income.

3. Ensuring safe and hygienic working conditions.

Article 5. State Policies on Employment

1. Implementing policies to develop the economy and society to create employment for workers, setting employment resolution targets in economic and social development strategies and plans; allocating resources to implement employment policies.

2. Encouraging organizations and individuals to participate in creating employment and self-employment with income from the minimum wage upwards to contribute to economic and social development and the development of the labor market.

3. Implementing policies to support job creation, develop the labor market, and unemployment insurance.

4. Implementing policies to assess and issue national vocational skill certificates linked to improving vocational skill levels.

5. Implementing preferential policies for industries and occupations that employ highly skilled technical personnel or large numbers of workers suitable for economic and social development conditions.

6. Supporting employers to hire more workers with disabilities, female workers, and ethnic minority workers.

Article 6. Contents of State Management of Employment

1. Issuing and implementing legal normative documents on employment.

2. Propaganda, dissemination, and legal education on employment.

3. Managing labor, labor market information, assessing and issuing national vocational skill certificates, and unemployment insurance.

4. Managing the organization and operation of employment service centers and enterprises engaged in employment services.

5. Inspecting, auditing, resolving complaints and grievances, and handling violations of employment laws.

6. International cooperation on employment.

Article 7. Authorities for State Management of Employment

1. The Government exercises unified state management over employment throughout the country.

2. The Ministry of Labor, Invalids and Social Affairs is responsible before the Government for implementing state management of employment. Ministries and ministerial-level agencies within their respective tasks and authorities shall cooperate with the Ministry of Labor, Invalids and Social Affairs to implement state management of employment.

3. People's Committees at all levels within their respective tasks and authorities shall implement state management of employment in their localities.

Article 8. Responsibilities of agencies, organizations, and individuals regarding job creation

1. The Vietnam Fatherland Front and its member organizations within their respective functions and tasks shall be responsible for promoting and mobilizing agencies, enterprises, units, organizations, and individuals to create jobs for workers; participating with state agencies in the development and supervision of the implementation of policies and laws on employment in accordance with the provisions of the law.

2. Agencies and organizations within their respective duties and authorities shall be responsible for disseminating and popularizing policies and laws on employment; creating jobs; protecting the rights and legitimate interests of workers and employers in accordance with the provisions of the law.

3. Individuals shall be responsible for actively seeking employment and participating in job creation.

Article 9. Prohibited Acts

1. Discrimination in employment and occupations.

2. Violating the physical body, reputation, dignity, property, rights, and legitimate interests of workers and employers.

3. Recruiting and using workers in violation of the provisions of the law.

4. Tempting, promising, and false advertising to deceive workers or exploiting employment services and labor market information to commit illegal acts.

5. Fraud and forgery in documents related to the implementation of employment policies.

6. Obstructing, causing difficulties, or damaging the rights and legitimate interests of workers and employers.

Chapter II

EMPLOYMENT SUPPORT POLICY

Section 1

PREFERRED CREDIT POLICY FOR JOB CREATION

Article 10. Preferred credit policy for job creation

The State implements a preferred credit policy to support job creation, maintain, and expand employment from the National Employment Fund and other sources of credit.

Article 11. National Employment Fund

1. Sources forming the National Employment Fund include:

a) State budget;

b) Support from domestic and foreign organizations and individuals;

c) Other lawful sources.

2. Management and utilization of the National Employment Fund in accordance with the provisions of the law.

Article 12. Borrowers from the National Employment Fund

1. Borrowers from the National Employment Fund include:

a) Small and medium-sized enterprises, cooperatives, cooperative groups, individual households;

b) Workers.

2. Borrowers specified in Clause 1 of this Article who fall into the following cases may borrow from the National Employment Fund at a lower interest rate:

a) Small and medium-sized enterprises, cooperatives, cooperative groups, individual households employing many disabled workers or ethnic minority workers;

b) Ethnic minority workers residing in areas with particularly difficult economic and social conditions, and disabled workers.

Article 13. Conditions for borrowing funds

1. Borrowers specified in Point a, Clause 1, Article 12 of this Law may borrow from the National Employment Fund if they meet the following conditions:

a) Having a feasible loan project at the local level, consistent with the production and business industry, attracting additional stable employment;

b) The loan project has been confirmed by the competent authority where the project is implemented;

c) Providing collateral for the loan.

2. Borrowers specified in Point b, Clause 1, Article 12 of this Law may borrow from the National Employment Fund if they meet the following conditions:

a) Having full capacity for civil acts;

b) Having a need for a loan to self-create employment or attract additional workers confirmed by the competent authority where the project is implemented;

c) Legally residing in the locality where the project is implemented.

3. The Government shall stipulate the amount of loan, term, interest rate for loans, procedures, and conditions for collateral for loans.

Article 14. Preferential loans from other credit sources to support job creation

Depending on economic and social conditions during each period, the State uses other credit sources to provide preferential loans to implement indirect policies that support job creation.

Section 2

SUPPORT POLICIES FOR JOB TRANSITION FOR WORKERS IN RURAL AREAS

Article 15. Support for occupational and job transition for workers in rural areas

1. Based on the strategy and development plans for the economy and society, the State supports the occupational and job transition for workers in rural areas.

2. Workers in rural areas participating in occupational and job transition shall enjoy the following benefits:

a) Vocational training support;

b) Free counseling on labor and employment policies and laws;

c) Free job introduction; Loan capital from the National Employment Fund according to Articles 11, 12, and 13 of this Law.

Article 16. Support for vocational training for workers in rural areas

Workers in rural areas who undergo vocational training for less than three months or basic level vocational training at vocational training institutions shall be supported with vocational training costs as prescribed.

Article 17. Support for small and medium-sized enterprises, cooperatives, production cooperatives, and individual businesses to create jobs for workers in rural areas

Small and medium-sized enterprises, cooperatives, production cooperatives, and individual businesses shall be supported by the State to develop production and business operations, expand local employment for workers in rural areas through the following activities:

1. Loans from the National Employment Fund according to Articles 11, 12, and 13 of this Law;

2. Support for information provision on product sales markets;

3. Tax exemption or reduction as prescribed by tax laws.

Section 3

PUBLIC EMPLOYMENT POLICY

Article 18. Main contents of public employment policy

1. The public employment policy is implemented through projects or activities using state funds linked to socio-economic development programs at the commune level, including:

a) Construction of infrastructure serving agricultural, forestry, fisheries, and salt industries;

b) Construction of public infrastructure;

c) Environmental protection;

d) Response to climate change;

đ) Other projects and activities serving the community locally.

2. When selecting contractors for projects and activities specified in Clause 1 of this Article according to the bidding law, the tender documents or request for proposal must stipulate that the contractor must propose a plan to employ workers as defined in Clause 1 of Article 19 of this Law.

3. The Government shall specify the implementation details of the public employment policy.

Article 19. Participants

1. Workers may participate in the public employment policy if they meet the following conditions:

a) Legally residing in the locality where the project or activity is carried out;

b) Voluntarily participating in the public employment policy.

2. Workers as defined in Clause 1 of this Article include ethnic minority people; households classified as poor, near-poor, or those whose agricultural land has been reclaimed; unemployed or underemployed individuals are prioritized to participate in the public employment policy.

3. Encouragement is given to organizations and individuals to employ workers as defined in Clause 1 of this Article when implementing projects or activities not covered by Clause 1 of Article 18 of this Law.

Section 4

OTHER SUPPORT POLICIES

Article 20. Support for sending workers to work abroad under contracts

1. The State encourages and creates conditions for workers who have the need and ability to go to work abroad under contracts.

2. Workers from ethnic minority groups; those from poor households, near-poor households, or households whose agricultural land has been reclaimed; relatives of persons who have rendered meritorious services to the revolution, if they have the need to go to work abroad under contracts, shall be supported by the State:

a) Vocational training, foreign language learning; understanding customs, traditions, and laws of Vietnam and the receiving country;

b) Training and improving vocational skills to meet the requirements of the receiving country;

c) Borrowing capital at preferential interest rates.

3. The Government shall provide detailed regulations on the support policy for sending workers to work abroad under contracts as stipulated in this Article.

Article 21. Support for creating employment opportunities for young people

1. The State encourages organizations and individuals to create job opportunities for young people; creates conditions for young people to actively and creatively engage in creating job opportunities.

2. The State supports the creation of employment opportunities for young people through the following activities:

a) Providing free career counseling, guidance, and job placement services for young people;

b) Vocational training linked with job creation for young people completing their military service, police service, or voluntary service in economic and social development programs and projects;

c) Supporting young people in starting businesses and initiating enterprises.

3. The Government shall provide detailed regulations on points b and c of Clause 2 of this Article.

Article 22. Support for developing the labor market

The State supports the development of the labor market through the following activities:

1. Collecting, providing information on the labor market, analyzing, forecasting the labor market, and connecting supply and demand for labor;

2. Modernizing job service activities and the labor market information system;

3. Investing in enhancing the capacity of job service centers;

4. Encouraging organizations and individuals to participate in developing the labor market.

Chapter III

LABOR MARKET INFORMATION

Article 23. Content of labor market information

1. Employment status and trends.

2. Information on labor supply and demand, fluctuations in labor supply and demand in the labor market.

3. Information on foreign workers working in Vietnam and Vietnamese workers going to work abroad under contracts.

4. Information on wages and remuneration.

Article 24. Management of labor market information

1. The State management agency responsible for statistics shall organize the collection, publication, and construction and management of databases for national statistical indicators related to labor market information in accordance with the law on statistics.

2. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with relevant ministries and agencies to be responsible for collecting and publishing labor market information within their sectors and fields outside the national statistical indicator system; promulgating regulations on the management, exploitation, use, and dissemination of labor market information; building a labor market information network and database.

3. People's Committees at all levels within their scope of duties and powers shall manage labor market information in their localities.

4. Agencies specified in Clauses 1, 2, and 3 of this Article shall regularly publish labor market information.

Article 25. Collection, storage, and synthesis of labor market information

1. The Ministry of Labor, Invalids, and Social Affairs shall organize and guide the collection, storage, and synthesis of labor market information within the scope of authority prescribed in Clause 2 of Article 24 of this Law.

2. People's Committees at all levels shall organize the collection, storage, and synthesis of labor market information within their jurisdiction.

3. Agencies, organizations, enterprises, and individuals shall collect, store, and synthesize labor market information in accordance with the provisions of the law.

Article 26. Provision of labor market information

Agencies, organizations, enterprises, and individuals shall have the responsibility to provide accurate and timely labor market information in accordance with the provisions of the law.

Article 27. Analysis, forecasting, and dissemination of labor market information

1. The Ministry of Labor, Invalids, and Social Affairs shall take the lead in analyzing, forecasting, and disseminating labor market information within its authority.

2. People's Committees at all levels shall organize the analysis, forecasting, and dissemination of labor market information within their jurisdiction.

Article 28. Ensuring safety, confidentiality, and storage of labor market information

1. Labor market information during the construction, operation, and upgrading of the labor market information network and database must be ensured for safety.

2. Labor market information must be kept confidential, including:

a) Labor market information linked to the name and specific address of each organization and individual, except where such organization or individual agrees to publish it;

b) Labor market information that is currently being collected and synthesized and has not yet been officially announced by the authorized person;

c) Labor market information included in the list of state secrets as prescribed by law.

3. Agencies, organizations, enterprises, and individuals exploiting and using labor market information shall have the responsibility to ensure safety, confidentiality, and storage of information in accordance with the provisions of this Law and other relevant laws.

Chapter IV

ASSESSMENT AND ISSUANCE OF NATIONAL SKILL CERTIFICATES

Article 29. Purpose of assessment and issuance of national skill certificates

1. Assessment and issuance of national skill certificates aim to recognize the level of vocational skills according to the qualifications of workers.

2. Workers may participate in the assessment and issuance of national skill certificates to improve their vocational capabilities, find suitable jobs, or jobs requiring national skill certificates.

Article 30. Principles and content of national skill assessment

1. National skill assessment must comply with the following principles:

a) Ensuring the voluntariness of workers;

b) Based on national skill standards;

c) According to each level of skill proficiency in each profession;

d) Accurate, independent, impartial, fair, and transparent.

2. The content of national skill assessment includes:

a) Professional knowledge and technical skills;

b) Practical work skills;

c) Occupational safety and health procedures.

Article 31. Organization of national skill assessment

1. An organization conducting national skill assessment is an organization operating under conditions and obtaining from the competent state agency a certificate of operation for national skill assessment and certification.

2. An organization conducting national skill assessment shall obtain from the competent state agency a certificate of operation for national skill assessment and certification when it meets the conditions regarding infrastructure, equipment, and human resources.

3. Organizations conducting national skill assessment shall charge fees in accordance with the provisions of the law on fees and charges.

4. The Government shall specify detailed conditions, organization, and activities related to national skill assessment and certification.

Article 32. Construction and Publication of National Occupational Skill Standards

1. National occupational skill standards shall be developed for each level of occupational skills for each occupation and the national framework of occupational skill levels. The number of levels of occupational skills depends on the complexity of each occupation.

2. The Minister, Head of a ministerial-level agency, or Head of a government-affiliated agency shall be responsible for leading the development of national occupational skill standards for occupations under their respective management areas and proposing them to the Ministry of Labor, Invalids, and Social Affairs for review and publication.

3. The Ministry of Labor, Invalids, and Social Affairs shall provide guidance on the construction, review, and publication of national occupational skill standards.

Article 33. National Occupational Skill Certificates

1. Workers who meet the requirements at a certain level of occupational skills shall be issued a national occupational skill certificate at that level according to the regulations of the Ministry of Labor, Invalids, and Social Affairs.

2. National occupational skill certificates are valid throughout the country. In cases where there is mutual recognition of national occupational skill certificates between Vietnam and another country or territory, such certificates shall be valid in the recognized country or territory and vice versa.

Article 34. Rights and Responsibilities of Workers Participating in the Assessment and Issuance of National Occupational Skill Certificates

1. Workers participating in the assessment and issuance of national occupational skill certificates have the following rights:

a) To choose organizations for occupational skill assessment;

b) To be issued a national occupational skill certificate when meeting the corresponding occupational skill level requirements;

c) To appeal the results of the national occupational skill assessment according to the provisions of the law.

2. Workers participating in the assessment and issuance of national occupational skill certificates have the following responsibilities:

a) To comply with internal rules and regulations regarding the assessment and issuance of national occupational skill certificates of the occupational skill assessment organization;

b) To pay the assessment and issuance fees for national occupational skill certificates according to the provisions of the law.

Article 35. Jobs Requiring National Occupational Skill Certificates

1. Workers performing jobs directly affecting their own safety and health or that of the community must hold a national occupational skill certificate.

2. The Government shall specify the list of jobs referred to in Clause 1 of this Article.

Chapter V

ORGANIZATION AND OPERATIONS OF EMPLOYMENT SERVICES

Article 36. Employment Services

1. Employment services include: job counseling and referral; labor supply and recruitment according to the needs of employers; collection and provision of information about the labor market.

2. Employment service organizations consist of employment service centers and enterprises engaged in employment services.

Article 37. Employment Service Centers

1. Employment service centers are public service units, including:

a) Employment service centers established by state management agencies;

b) Employment service centers established by political-social organizations.

2. Employment service centers must be established in accordance with the planning provided by

3. The Government shall provide detailed regulations on the conditions for establishment, organization, and operation of employment service centers.

Article 38. Tasks of Employment Service Centers

1. Employment service centers have the following tasks:

a) To provide free job counseling, referrals for workers, and labor market information;

b) To supply and recruit workers according to the needs of employers;

c) To collect labor market information;

d) To analyze and forecast the labor market;

e) To implement programs and projects related to employment;

f) To train skills and conduct vocational training according to the provisions of the law;

2. Employment service centers established by state management agencies for employment shall perform the tasks specified in Clause 1 of this Article and undertake the receipt of unemployment insurance claim applications to submit to competent state authorities for decision.

Article 39. Business operating employment services

1. A business operating employment services is a business established and operated in accordance with the provisions of the Enterprise Law and must have an employment service operation permit issued by the provincial state management agency for employment.

2. A business shall be granted an employment service operation permit when it meets the conditions regarding physical facilities, equipment, human resources, and deposit money.

3. A business operating employment services may establish branches to operate employment services.

4. A business operating employment services may charge fees in accordance with the laws on fees and charges.

5. The Government shall provide detailed regulations on this matter.

Article 40. Activities of businesses operating employment services

1. Providing advice and job introduction for workers and employers.

2. Supplying and recruiting labor according to the requirements of employers.

3. Collecting and providing labor market information.

4. Analyzing and forecasting the labor market.

5. Training skills and vocational training in accordance with the law.

6. Implementing programs and projects related to employment.

Chapter VI

UNEMPLOYMENT INSURANCE COSTS

Section 1

PRINCIPLES, OBJECTS, UNEMPLOYMENT INSURANCE REGIME

Article 41. Principles of unemployment insurance

1. Ensuring risk sharing among those participating in unemployment insurance.

2. The level of unemployment insurance contributions is based on the salary of the worker.

3. The level of unemployment insurance benefits is based on the contribution level and the duration of unemployment insurance contributions.

4. The implementation of unemployment insurance must be simple, easy, convenient, ensuring timely and full benefits for participants.

5. The unemployment insurance fund must be centrally managed, uniformly, transparently, safely, and protected by the State.

Article 42. Unemployment insurance regimes

1. Unemployment allowance.

2. Support for job counseling and job introduction.

3. Vocational training support.

4. Support for training, upgrading, and enhancing occupational skills to maintain employment for workers.

Article 43. Compulsory objects to participate in unemployment insurance

1. Workers must participate in unemployment insurance when working under a labor contract or a work contract as follows:

b) Fixed-term labor contracts or employment contracts;

c) Seasonal labor contracts or specific job labor contracts with a duration of at least three months but less than twelve months.

c) Seasonal or specific job contracts with a term from three months to less than twelve months. In cases where a worker enters into and is performing multiple contracts as stipulated in this clause, the worker and the employer of the first contract entered into shall be responsible for participating in unemployment insurance.

2. Workers specified in Clause 1 of this Article who are receiving pension or working as domestic helpers are not required to participate in unemployment insurance.

3. Employers participating in unemployment insurance include state agencies, public institutions, people's armed forces units; political organizations, political-social organizations, political-professional social organizations, social organizations, social-professional organizations; foreign agencies and international organizations operating in Vietnam; enterprises, cooperatives, households, individual businesses, cooperative groups, other organizations, and individuals hiring or using labor under the contracts specified in Clause 1 of this Article.

Article 44. Participation in Unemployment Insurance

1. Employers must participate in unemployment insurance for employees at the social insurance organization within thirty days from the date the labor contract or employment contract becomes effective.

2. Monthly, employers contribute to unemployment insurance according to the level prescribed in point b, Clause 1, Article 57 of this Law and deduct from each employee's salary according to the level prescribed in point a, Clause 1, Article 57 of this Law to contribute simultaneously to the Unemployment Insurance Fund.

3. Based on the surplus situation of the Unemployment Insurance Fund, the State transfers financial support from the State budget into the Fund at the level prescribed by the Government in Clause 3, Article 59 of this Law.

Article 45. Duration of Unemployment Insurance Contributions

1. The duration of unemployment insurance contributions for eligibility to receive unemployment benefits is the total of continuous or non-continuous periods of contributions accumulated from the start of unemployment insurance contributions until the date the employee terminates the labor contract or employment contract in accordance with the provisions of the law without having received unemployment assistance.

2. After terminating the receipt of unemployment assistance, the previous period of unemployment insurance contributions made by the employee shall not be counted towards receiving unemployment assistance for the next time. The period of unemployment insurance contributions for the next receipt of unemployment assistance will be recalculated from the beginning, except in cases where the termination of unemployment assistance is stipulated in points b, c, h, l, m, and n, Clause 3, Article 53 of this Law.

3. The period of unemployment insurance contributions made by the employee shall not be counted towards receiving job loss allowance or severance pay as prescribed by the Labor Law and the Civil Servant Law.

Article 46. Receiving Unemployment Assistance

1. Within three months from the date of termination of the labor contract or employment contract, the employee submits an application for unemployment assistance at the employment service center established by the state management agency for employment.

2. Within twenty days from the date the employment service center receives all necessary documents, the competent state authority issues a decision on receiving unemployment assistance; if the conditions for receiving unemployment assistance are not met, the employee must be notified in writing.

3. The social insurance organization implements the payment of unemployment assistance to the employee within five days from the date of receiving the decision on receiving unemployment assistance.

Section 2

SUPPORT FOR TRAINING, SKILL ENHANCEMENT, AND MAINTENANCE OF EMPLOYMENT FOR WORKERS

Article 47. Conditions, Duration, and Level of Support

1. Employers are eligible for financial support for training, skill enhancement, and maintenance of employment for workers specified in Clause 1, Article 43 of this Law who are participating in unemployment insurance when they meet the following conditions:

a) Having continuously paid unemployment insurance for employees who are eligible for unemployment insurance for at least twelve months up to the date of requesting support;

b) Facing difficulties due to economic downturns or other force majeure reasons that compel changes in production structure or technology;

c) Not having sufficient funds to organize training, skill enhancement, and maintenance of employment for workers;

d) Having a training, skill enhancement, and employment maintenance plan approved by the competent state authority.

2. The duration of support for training, skill enhancement, and maintenance of employment for workers according to the approved plan shall not exceed six months.

3. The Government shall provide detailed regulations on this matter and the level of financial support for training, skill enhancement, and maintenance of employment for workers, ensuring balance in the unemployment insurance fund.

Article 48. Responsibility for Training, Development, and Improvement of Vocational Skills

1. Employers shall be responsible for organizing training, development, and improvement of vocational skills and utilizing labor according to approved plans; using funds correctly for their intended purposes and reporting on the results of the training to competent state authorities after the completion of the training, development, and skill enhancement programs.

2. Workers shall be responsible for complying with legal provisions regarding training, development, and improvement of vocational skills.

Section 3

UNEMPLOYMENT BENEFITS

Article 49. Conditions for Entitlement

Workers specified in Clause 1 of Article 43 of this Law who are contributing to unemployment insurance shall be entitled to unemployment benefits when they meet the following conditions:

1. Termination of employment contracts or work contracts, except in the following cases:

a) Workers unilaterally terminate employment contracts or work contracts in violation of the law;

b) Receiving monthly pension or disability allowance;

2. Having contributed to unemployment insurance for at least 12 months within the last 24 months before the termination of employment contracts or work contracts as stipulated in points a and b of Clause 1 of Article 43 of this Law; having contributed to unemployment insurance for at least 12 months within the last 36 months before the termination of employment contracts as stipulated in point c of Clause 1 of Article 43 of this Law;

3. Submitting applications for unemployment benefits at job service centers as prescribed in Clause 1 of Article 46 of this Law;

4. Not finding employment within 15 days from the date of submitting applications for unemployment insurance benefits, except in the following cases:

a) Performing military or police service obligations;

b) Attending educational programs for at least 12 months;

c) Being placed in educational facilities for compulsory education or compulsory drug rehabilitation centers;

d) Being detained; serving criminal sentences;

e) Emigrating abroad; working overseas under contracts;

f) Death.

Article 50. Amount, Duration, and Time of Unemployment Benefits

1. The monthly amount of unemployment benefits equals 60% of the average monthly salary paid for unemployment insurance contributions over the six consecutive months immediately preceding unemployment, but not exceeding five times the minimum wage set by the State for workers subject to the State's salary system, or not exceeding five times the regional minimum wage as provided in the Labor Code for workers contributing to unemployment insurance under the salary system determined by employers at the time of termination of employment contracts or work contracts.

2. The duration of unemployment benefits is calculated based on the number of months of unemployment insurance contributions; for every 12 months of contributions up to 36 months, three months of unemployment benefits are granted, and thereafter, for every additional 12 months of contributions, one additional month of unemployment benefits is granted, but not exceeding 12 months in total.

3. The time of entitlement to unemployment benefits starts from the 16th day after submitting complete applications for unemployment benefits as prescribed in Clause 1 of Article 46 of this Law.

Article 51. Health Insurance

1. Persons receiving unemployment benefits shall enjoy health insurance benefits as prescribed by laws on health insurance.

2. Social insurance organizations shall pay health insurance premiums for persons receiving unemployment benefits from the Unemployment Insurance Fund.

Article 52. Notification of Job Search

1. During the period of receiving unemployment benefits, workers must directly notify the employment service center where they are receiving unemployment benefits about their job search activities on a monthly basis, except for the following cases:

a) Workers who are sick, pregnant, or have had an accident, with a certificate from a medical examination and treatment facility authorized under the law on medical examination and treatment;

b) Cases of force majeure.

2. In the cases specified in points a and b of Clause 1 of this Article, workers shall be responsible for notifying the employment service center where they are receiving unemployment benefits.

3. The Ministry of Labor, Invalids and Social Affairs shall provide guidance on the implementation of this Article.

Article 53. Suspension, Continuation, and Termination of Unemployment Benefits

1. A person receiving unemployment benefits will have their benefits suspended when they fail to notify the employment service center about their job search activities on a monthly basis as prescribed in Article 52 of this Law.

2. If a worker's suspension of unemployment benefits is due to failure to notify the employment service center about their job search activities on a monthly basis as prescribed in Article 52 of this Law, and if they still have time left to receive benefits according to the decision, they may continue to receive unemployment benefits upon resuming such notifications.

3. A person receiving unemployment benefits will have their benefits terminated in the following cases:

a) Expiration of the period for receiving unemployment benefits;

b) Finding employment;

c) Performing military or police service obligations;

d) Receiving monthly pension;

đ) Refusing two job offers introduced by the employment service center where they are receiving unemployment benefits without valid reasons;

e) Failing to notify the employment service center about their job search activities on a monthly basis as prescribed in Article 52 of this Law for three consecutive months;

g) Leaving the country to settle abroad or work abroad under a contract;

h) Enrolling in a study program lasting twelve months or longer;

i) Being administratively punished for violating unemployment insurance laws;

k) Death;

l) Serving a decision to place in a specialized educational institution, compulsory education facility, or compulsory drug rehabilitation facility;

m) Being declared missing by a court;

n) Being detained or serving a prison sentence.

4. Workers whose unemployment benefits are terminated due to the circumstances specified in points b, c, h, l, m, and n of Clause 3 of this Article shall retain their unemployment insurance contribution period as the basis for calculating their unemployment benefit period for the next time they meet the conditions stipulated in Article 49 of this Law. The retained period is calculated as the total unemployment insurance contribution period minus the period already enjoyed as unemployment benefits, based on the principle that each month of unemployment benefits corresponds to twelve months of contributions.

Section 4

SUPPORT FOR COUNSELING, JOB INTRODUCTION, AND VOCATIONAL TRAINING

Article 54. Counseling and Job Introduction

Workers specified in Clause 1 of Article 43 of this Law who are contributing to unemployment insurance and whose labor contracts or employment contracts have been terminated and who wish to find employment shall be provided free counseling and job introduction services.

Article 55. Conditions for Vocational Training Support

Workers specified in Clause 1 of Article 43 of this Law who are contributing to unemployment insurance shall be supported in vocational training if they meet the following conditions:

1. Meeting the conditions stipulated in Clauses 1, 3, and 4 of Article 49 of this Law;

2. Having contributed to unemployment insurance for at least nine months within the twenty-four months prior to the termination of their labor contract or employment contract as prescribed by law.

Article 56. Duration and Level of Vocational Training Support

1. The duration of vocational training support shall be based on actual training time but not exceeding six months.

2. The level of vocational training support shall be as prescribed by

Section 5

THE EMPLOYMENT INSURANCE FUND

Article 57. Contribution Levels, Sources of Formation, and Use of the Employment Insurance Fund

1. Contribution levels and responsibilities for employment insurance contributions are stipulated as follows:

a) Employees pay at a rate of 1% of their monthly salary.

b) Employers pay at a rate of 1% of the total monthly salary fund of employees participating in unemployment insurance.

c) The State will provide maximum support of up to 1% of the monthly payroll for employment insurance contributions for workers participating in employment insurance, guaranteed by the central budget.

2. Sources of formation of the Employment Insurance Fund include:

a) Contributions and support as prescribed in Clause 1 of this Article;

b) Proceeds from investment activities using the fund;

c) Other lawful sources of income.

3. The Employment Insurance Fund shall be used as follows:

a) To pay unemployment benefits;

b) To support training, upgrading, and enhancing occupational skills to maintain employment for workers;

c) To support vocational training;

d) To support job counseling and placement;

đ) To contribute to health insurance for those receiving unemployment benefits;

e) Management costs for unemployment insurance shall be implemented according to the provisions of the Social Insurance Law;

g) Investment to preserve and grow the Fund.

Article 58. Monthly Wage Basis for Unemployment Insurance Contributions

1. For workers subject to state-prescribed wage systems, the monthly wage basis for unemployment insurance contributions is the monthly wage basis for mandatory social insurance contributions as provided for in the Social Insurance Law. In cases where the monthly wage basis for unemployment insurance contributions exceeds twenty times the minimum regional wage, the monthly wage basis for unemployment insurance contributions shall be set at twenty times the minimum regional wage at the time of unemployment insurance contribution.

2. For workers contributing to unemployment insurance under a wage system determined by the employer, the monthly wage basis for unemployment insurance contributions is the monthly wage basis for mandatory social insurance contributions as provided for in the Social Insurance Law. In cases where the monthly wage basis for unemployment insurance contributions exceeds twenty times the national minimum wage, the monthly wage basis for unemployment insurance contributions shall be set at twenty times the national minimum wage as stipulated in the Labor Code at the time of unemployment insurance contribution.

Article 59. Management of the Employment Insurance Fund

1. The Employment Insurance Fund shall be independently accounted for. Social insurance organizations shall implement the collection, disbursement, management, and utilization of the Employment Insurance Fund.

2. Investment activities from the Employment Insurance Fund must ensure safety, transparency, effectiveness, and recoverability when necessary, through the following methods:

a) Purchasing government bonds, treasury bills, and government securities; commercial bank bonds where the state holds more than 50% of the charter capital;

b) Investing in important projects as decided by

c) Lending to the state budget, the Vietnam Development Bank, the Social Policy Bank, and commercial banks where the state holds more than 50% of the charter capital.

3. The Government shall specify detailed regulations on the proportion of support from the state budget; management and utilization of the Fund; and implementation of unemployment insurance.

Chapter VII

IMPLEMENTING PROVISIONS

Article 60. Transitional Provisions

1. Enterprises that were granted a license for job placement services before this Law comes into effect may continue to operate such services until the expiration of their existing licenses.

2. Job placement centers established before this Law comes into effect may continue to operate job placement services and shall change their names to Job Service Centers.

3. Organizations that have been certified to assess occupational skills and issue national occupational skill certificates before this Law comes into effect may continue to operate until the expiration of their existing certification period.

4. The period during which workers have contributed to unemployment insurance according to the Social Insurance Law prior to this Law coming into effect, but have not yet received unemployment benefits, shall be counted towards the period of unemployment insurance contributions as stipulated in Article 45 of this Law.

Article 61. Effective Date

1. This Law takes effect from January 1, 2015.

2. The provisions on unemployment insurance in the Social Insurance Law No. 71/2006/QH11; Chapter IX - National Occupational Skill Certification of the Vocational Training Law No. 76/2006/QH11 shall cease to be effective from the date this Law comes into effect.

Article 62. Detailed provisions and guidance on implementation

The Government and other competent state agencies shall provide detailed regulations and guidance for the implementation of the Articles and Clauses assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the sixth session of the thirteenth term, on November 16, 2013./.