Consolidated Document number 3922/VBHN-BLDTBXH Decree detailing the implementation of certain provisions of the Law on Employment regarding unemployment insurance

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 3922/VBHN-BLDTBX	Hanoi, October 6, 2020

 

DECREE

DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LABOR LAW ON UNEMPLOYMENT INSURANCE

Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government detailing implementation of certain provisions of the Labor Law on unemployment insurance, which took effect from May 1, 2015, was amended and supplemented by:

Decree No. 61/2020/ND-CP dated May 29, 2020 of the Government amending and supplementing certain provisions of Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government detailing implementation of certain provisions of the Labor Law on unemployment insurance, which took effect from July 15, 2020

Pursuant to the Law on Organizationof the Government of June 19 the||| Pursuant to the Law on Legislative Regulatory Documents dated July 10, 2015;

Pursuant to the Labor Law dated November 16, 2013;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

of the Government 2015[1]

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

The Government promulgates this Decree detailing implementation of certain provisions of the Labor Law on support for training, upgrading, and enhancing vocational skills to maintain employment for workers; the Unemployment Insurance Fund; the organization of unemployment insurance; rights and responsibilities of agencies, units, organizations, and individuals related to the implementation of unemployment insurance policies.

Article 2. Applicability

1. Workers and employers who are mandatory participants in unemployment insurance as stipulated in Article 43 of the Labor Law.

2. Workers who are business managers, managersbanks of cooperatives receiving salaries and participating in compulsory social insurance as prescribed by laws on social insurance.

3. Social insurance organizations, provincial Departments of Labor, Invalids and Social Affairs (hereinafter referred to as the Department of Labor, Invalids and Social Affairs), job service centers established by state management agencies on labor affairs are assigned tasks as stipulated in Clause 2, Article 38 of the Labor Law (hereinafter referred to as job service centers).

4. Agencies, organizations, and individuals related to unemployment insurance as prescribed by the Labor Law.

Chapter II

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

Article 3. Conditions for Support

Employers are eligible for financial support for training, upgrading, and enhancing vocational skills to maintain employment for workers as stipulated in Clause 1, Article 47 of the Labor Law when they meet the following conditions:

1. Paying unemployment insurance contributions as stipulated in Clause 2, Article 44 of the Labor Law continuously for at least 12 months up to the month immediately preceding the month of requesting financial support for training, upgrading, and enhancing vocational skills to maintain employment for workers, or up to the month of requesting financial support for training, upgrading, and enhancing vocational skills to maintain employment for workers if the employer has paid unemployment insurance contributions for that month.

2[2]. Facing difficulties as specified in point b, Clause 1, Article 47 of the Labor Law leading to a risk of reducing the number of current employees by 30% or more, or by 30 employees or more for employers using fewer than 200 employees; by 50 employees or more for employers using between 200 and 1,000 employees; by 100 employees or more for employers using more than 1,000 employees, excluding employees under seasonal or fixed-term contracts of less than one month.

Situations considered force majeure as stipulated in point b, Clause 1, Article 47 of the Labor Law include:

- Fire, flood, earthquake, tsunami, enemy attack, epidemic causing partial or total damage to facilities, equipment, machinery, factories with confirmation from the Chairman of the People's Committee of the district, town, city directly under a province where the employer suffered damage;

- Implementing requirements of competent state authorities regarding relocation or reduction of production and business sites.

3. Insufficient funds to organize training, upgrading, and enhancing vocational skills for workers determined through reports on production and business operations in the year prior to thepoint requesting support and suffering losses confirmed by tax authorities.

4. Having a training, upgrading, and enhancing vocational skills plan and maintaining employment approved by a competent state agency.approving remediation and environmental recovery plans or remediation and environmental recovery plans 

Article 4. Level of Support

1. The maximum financial support for training, upgrading, and enhancing vocational skills is VND 1 million per person per month. The specific amount of support is calculated monthly based on actual training time for each occupation or course but not exceeding six months.

In cases where a vocational training course has odd days not constituting a full month, it will be calculated according to the principle: less than 15 days is counted as half a month, and 15 days or more is counted as one month to determine the amount of financial support for training, upgrading, and enhancing vocational skills to maintain employment for workers.

2. For training, upgrading, and enhancing vocational skills courses with costs higher than the support level prescribed in Clause 1 of this Article, the excess cost must be borne by the employer.issued training, upgrading, and enhancing vocational skills with costs higher than the support level prescribed in Clause 1 of this Article, the excess cost must be borne by the employer.

Chapter III

UNEMPLOYMENT INSURANCE FUND

Article 5. Sources for forming the Unemployment Insurance Fund

1. Contributions and support as prescribed in Clause 1, Article 57 of the Labour Law.

2. Income from investment activities using the Unemployment Insurance Fund.

3. Other lawful sources of income, including:

a) Late payment interest on unemployment insurance contributions as prescribed.

b) Other lawful revenues as prescribed by law.

Article 6. Methods and sources of unemployment insurance contributions by employers

1. Monthly, employers shall make unemployment insurance contributions at the rate prescribed in Point b, Clause 1, Article 57 of the Labour Law, and deduct from each employee's salary the amount prescribed in Point a, Clause 1, Article 57 of the Labour Law to contribute simultaneously to the Unemployment Insurance Fund.

2. The source of unemployment insurance contributions at the rate prescribed in Point b, Clause 1, Article 57 of the Labour Law by employers is as follows:

a) For employers that are agencies, units, or

b) The employer is an agency, unit, or organization whose regular operational expenses are partially guaranteed by the state budget, then the state budget guarantees the source for unemployment insurance contributions for the number of people receiving salaries from the state budget and allocated in the annual regular expenditure budget of the agency, unit, or organization in accordance with the provisions of the law on the分级制度管理国家预算。剩余的失业保险应缴纳部分，雇主须自行按照本条第c点和point本款的规定予以保障。

c) If the employer is a business, unit, or organization engaged in production, business, or service activities, the unemployment insurance contribution amount shall be recorded as part of the production, business, or 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.

Article 7. Support from the State Budget

1. The state budget supports the Unemployment Insurance Fund according to the principle of ensuring that the fund's annual balance equals two timesthe totalof the expenditures for unemployment insurance benefits and management costs of the previous year, but the maximum level of support shall not exceed 1% of the monthly wage fund of those workers currently participating in unemployment insurance.

2. Methods for transferring support funds from the state budget to the Unemployment Insurance Fund:

a) By the end of each year, the Vietnam Social Security will base on the approved revenue and expenditure budget for unemployment insurance for the year to determine the amount of support for the Unemployment Insurance Fund of the previous year according to the level specified in Clause 1 of this Article, and submit it to the Ministry of Finance for a one-time transfer into the Unemployment Insurance Fund;

b) Within ten working days from the date of receipt of the final report on the revenue and expenditure of the Unemployment Insurance Fund of the previous year, which has been approved by the Management Council of the Vietnam Social Security, the Ministry of Finance will conduct a review and determine the amount of support for the Unemployment Insurance Fund of the previous year. In cases where the amount transferred by the Ministry of Finance according to point a of this Clause exceeds the amount required under Clause 1 of this Article, the Vietnam Social Security must return the excess amount 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.

3. The source of support funds for the Unemployment Insurance Fund as stipulated in this Article shall be guaranteed by the central budget from the social security expenditure sources decided by the National Assembly.

Article 8. Unemployment Insurance Management Costs

1. The contents and levels of unemployment insurance management costs shall be implemented in accordance with the provisions of the Social Insurance Law and the financial management regulations for Vietnam Social Security.

2. Annual unemployment insurance management costs shall be allocated and budgeted as follows:

a) Vietnam Social Security shall carry out tasks related to collecting, disbursing, managing, and utilizing the Unemployment Insurance Fund;

b) The Ministry of Labor, Invalids, and Social Affairs shall organize the implementation of tasks related to receiving applications for unemployment benefits, resolving unemployment insurance schemes, and other tasks related to unemployment insurance;

c) Social Security of the Ministry of National Defense and Social Security of the People's Public Security shall carry out tasks related to collecting unemployment insurance premiums.

3[3]Method of transferring funds for unemployment insurance management costs:

Based on the budget for unemployment insurance management costs assigned by the Prime Minister, Vietnam Social Security shall have the responsibility to timely transfer sufficient management costs for unemployment insurance to the Ministry of Labor, Invalids, and Social Affairs, Social Security of the Ministry of National Defense, and Social Security of the Ministry of Public Security. The method of transferring funds shall be carried out according to the regulations of the Prime Minister on the financial management mechanism for social insurance, health insurance, unemployment insurance, and management costs for social insurance, health insurance, and unemployment insurance. Specifically, for information technology application costs, it shall be implemented in accordance with Decree No. 64/2007/ND-CP dated April 10, 2007, of the Government on the application of information technology in the activities of state agencies and any subsequent amendments or supplements (if any).

Article 9. Investment Activities from the Unemployment Insurance Fund

1. Vietnam Social Security shall be responsible for implementing measures to preserve and increase the Unemployment Insurance Fund from temporarily idle funds. Investment activities from the Unemployment Insurance Fund must ensure safety, effectiveness, and recoverability when necessary.

2. The Management Council of Vietnam Social Security shall decide on investment according to the forms prescribed in Clause 2, Article 59 of the Employment Law.

3. Profits froma) For PPP projects, the tenderer shall post the selection results of investors and attach the approval decision on the System no later than ten days from the date the document is issued in accordance with point b of Clause 2, Article 4 of Decree No. 35/2021/NĐ-CP., annual growth of the Unemployment Insurance Fund shall be supplemented into the Unemployment Insurance Fund.

Article 10. Financial Plan, Management, Utilization, and Settlement1. Annually, at the time specified for preparing the state budget, relevant agencies and organizations shall prepare plans for collecting and disbursing unemployment insurance and management costs for unemployment insurance and submit them to Vietnam Social Security as follows:

a) Provincial Social Security shall prepare plans for collecting and disbursing unemployment insurance and management costs for unemployment insurance;

b) Social Security of the Ministry of National Defense and Social Security of the People's Public Security shall prepare plans for collecting unemployment insurance and management costs for unemployment insurance within the Ministry of National Defense and the Ministry of Public Security;

c) The Ministry of Labor, Invalids, and Social Affairs shall prepare plans for management costs for unemployment insurance for units under the labor, invalids, and social affairs sector tasked with implementing unemployment insurance duties.

. The preparation, allocation, assignment, management, utilization, and settlement of management costs for unemployment insurance shall be carried out in accordance with the regulations of the Prime Minister on the financial management mechanism for social insurance, health insurance, unemployment insurance, and management costs for social insurance, health insurance, and unemployment insurance

2[4] . Abolished

3[5]IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

4[6]IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

Chapter IV

IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

Section 1. PARTICIPATION AND PAYMENT OF UNEMPLOYMENT INSURANCE

Article 11. Participation in Unemployment Insurance

1. The application for participation in unemployment insurance is the compulsory social insurance application, which includes specific contents regarding participation in unemployment insurance.

2. The employer shall establish and submit the application for participation in unemployment insurance of the employee to the social insurance organization within thirty days from the date the labor contract or work agreement of the employee becomes effective.

In cases where the employee has entered intolaborcontracts for seasonal or specific tasks with a duration of at least three months but less than twelve months before January 1, 2015 and is currently performing such work, the employer must participate in unemployment insurance for these employees if the remaining period until the end of the contract is at least three months.laborIf the employment contract of such workers ends with at leastlaborthree months remaining,

In cases where the employee enters into multiple labor contracts as stipulated in Clause 1, Article 43 of the Law on Employment and participates in unemployment insurance under the first validly concluded labor contract, and when terminating or changing the contract leads to the employee not being eligible for unemployment insurance, the employee and the employer who are eligible for unemployment insurance under the subsequent validly concluded labor contract shall be responsible for participating in unemployment insurance in accordance with the provisions of the law.

In cases where the employee takes leave to enjoy maternity benefits or sick leave for fourteen working days or more without receiving monthly salary at theunitand receives social insurance benefits, or the employee suspends the performance of the labor contract or work agreement in accordance with the provisions of the law, the employee is not eligible for unemployment insurance during this period.laborduring the period when the employment contract is concluded in accordance with the law, the worker does not fall within the scope of participation in unemployment insurance.

Article 12. Payment of Unemployment Insurance

1. The time of payment of unemployment insurance by the employer and the employee is the time of compulsory social insurance payment.

2[7]An employee is considered to be making contributions to unemployment insurance as provided for in Article 49 of the Law on Employment if they fall into one of the following situations:

a) The employee has paid unemployment insurance for the month in which the labor contract or work agreement was terminated and has been confirmed by the social insurance agency on the social insurance card;

b) The employee has paid unemployment insurance for the month immediately preceding the month in which the labor contract or work agreement was terminated and has been confirmed by the social insurance agency on the social insurance card;

c) The employee had a month immediately preceding the month in which the labor contract or work agreement was terminated, or the month in which the labor contract or work agreement was terminated, during which the employee took leave due to illness or maternity for fourteen working days or more in the month, did not receive monthly salary at the unit, and has been confirmed by the social insurance agency on the social insurance card;

d) The employee had a month immediately preceding the month in which the labor contract or work agreement was terminated, or the month in which the labor contract or work agreement was terminated, during which the employee took leave without pay for fourteen working days or more in the month at the unit, and has been confirmed by the social insurance agency on the social insurance card;

đ) The employee had a month immediately preceding the month in which the labor contract or work agreement was terminated, or the month in which the labor contract or work agreement was terminated, during which the employee suspended the performance of the labor contract or work agreement for fourteen working days or more in the month at the unit, and has been confirmed by the social insurance agency on the social insurance card.

3[8]The month of contribution to unemployment insurance of the employee is counted if the employer and the employee have performed the labor contract or work agreement and have made contributions to unemployment insurance.

In cases where the employee has been granted unemployment benefits and after ceasing to receive such benefits, the social insurance agency confirms additional unemployment insurance contribution periods, this period is determined as the contribution period but not yet enjoyed unemployment benefits as stipulated in Clause 1, Article 45 of the Law on Employment.

Article 13. Records for Monitoring Unemployment Insurance Contributions and Benefits

1. The records for monitoring unemployment insurance contributions and benefits of workers as prescribed in this Decree shall be the social insurance book.

2. The Vietnam Social Security shall issue the model of the social insurance book.

Section 2. SUPPORT FOR COUNSELING AND JOB INTRODUCTION

Article 14. Support for Counseling and Job Introduction

1. Workers specified in Clause 1, Article 43 of the Labour Law who are contributing to unemployment insurance and whose labour contracts or employment contracts have been terminated shall be provided free counseling and job introduction services through the employment service centers.

2. The funding for counseling and job introduction services of the employment service centers shall be allocated based on the number of applications for unemployment benefits submitted in the previous year and settled according to actual figures of such applications.transferThe Minister of Labour, Invalids and Social Affairs shall stipulate the fee for counseling and job introduction services from the Unemployment Insurance Fund for workers as prescribed in Article 54 of the Labour Law.

3[9]Article 15. Organization of Counseling and Job Introduction Services

1. Workers shall fill out the counseling and job introduction application form as prescribed by the Minister of Labour, Invalids and Social Affairs and submit it directly to the employment service center.

2. The employment service center shall provide counseling and job introduction services based on the needs and capabilities of the workers and the demands of the labour market.

3. The employment service center shall allocate human resources and facilities to organize counseling and job introduction services.

Section 3. UNEMPLOYMENT BENEFITS

Article 16. Application for Unemployment Benefits

1. The application for unemployment benefits shall be made using the form prescribed by the Minister of Labour, Invalids and Social Affairs.

A certified original or a certified copy or a copy accompanied by the original for comparison of one of the following documents confirming the termination of the labour contract or employment contract:

2[10]a) The labour contract or employment contract that has expired or completed the work as stipulated in the labour contract;

b) Decision to terminate employment;

c) Decision to dismiss;

d) Disciplinary decision to terminate employment;

đ) Notice or agreement to terminate the labour contract or employment contract;

e) Confirmation by the employer containing specific information about the worker; type of labour contract signed; reasons and date of termination of the labour contract for the worker;

g) Confirmation by the competent state agency regarding the dissolution, bankruptcy of the enterprise or cooperative, or the decision to remove, relieve, or demote appointed positions when the worker is a business manager or cooperative manager;

h) In cases where the worker does not have documents confirming the termination of the labour contract due to the absence of a legal representative or authorized person by the legal representative of the employing unit, the following procedure shall be followed:

The Department of Labour, Invalids and Social Affairs or the provincial Social Security shall send a request to the Department of Planning and Investment to confirm the absence of a legal representative or authorized person by the legal representative in the employing unit.

The Department of Planning and Investment shall be responsible for coordinating with tax authorities, public security agencies, and local authorities at the location of the main office of the employing unit to verify the absence of a legal representative or authorized person by the legal representative in the employing unit.

The Department of Planning and Investment shall send a reply to the Department of Labour, Invalids and Social Affairs and the provincial Social Security regarding 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 confirmation request from the Department of Labour, Invalids and Social Affairs or the provincial Social Security.

i) In cases where workers participate in unemployment insurance as prescribed in Point c, Clause 1, Article 43 of the Labour Law, the document confirming the termination of the seasonal or fixed-term labour contract with a duration of three months to less than twelve months shall be the certified original or certified copy or copy accompanied by the original for comparison of the contract.

3. The social insurance book.

The social insurance organization shall confirm the unemployment insurance contributions and return the social insurance book to the worker within five working days from the date of receipt of the application from the employing unit.

For employing units under the Ministry of National Defence and the Ministry of Public Security, the Military Social Security and the People's Public Security Social Security shall confirm the unemployment insurance contributions and return the social insurance book to the worker within thirty days from the date of receipt of the application from the employing unit.

For employers who are agencies, units, or enterprises under the Ministry of Defense or the Ministry of Public Security, within thirty days of receiving the employer's request, the Vietnam Social Security of the Ministry of Defense or the People's Public Security Social Security will confirm the payment of unemployment insurance and issue the social insurance book to the worker from the date of receipt of the employer's request.

Article 17. Submission of Application for Unemployment Benefit

1. Within three months from the date of termination of employment or work, unemployed workers who wish to receive unemployment benefits must directly submit one set of application documents in accordance with the provisions of Article 16 of this Decree to the local employment service center where they wish to receive unemployment benefits.laborworker orlaborworker who has not found work and wishes to receive unemployment assistance must directly submit one application package for unemployment assistance in accordance with Article 16 of this Decree to the local job service center where they wish to receive assistance.

2. Workers may authorize another person to submit the application or send it via postal service if they fall under any of the following circumstances:caseng được sửa lại là Quyết định số 53/2003/Q-BTC.

a) Illness or maternity leave, confirmed by a medical facility;approving remediation and environmental recovery plans or remediation and environmental recovery plans;

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

b) Accidents, confirmed by traffic police or a competent medical facility;of the National Assembly;People's Committee of communes, wards, or towns.

c) Fires, floods, earthquakes, tsunamis, enemy attacks, epidemics, confirmed by the Chairman of the People's Committee of the commune, ward, or town.caseThe submission date of the application for unemployment benefit in these cases is the date when the authorized person directly submits the application or the date stamped on the postal service receipt for applications sent via postal service.

3. The employment service center is responsible for receiving, checking the application, recording the appointment slip for result delivery according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs, and delivering the slip directly to the applicant or sending it via postal service for applicants who submitted their applications via postal service; if the application does not comply with the provisions of Article 16 of this Decree, the application will be returned to the applicant along with a clear explanation of the reasons.caseIf the application package does not comply with the provisions of Article 16 of this Decree, it shall be returned to the applicant with the reasons clearly stated.

4[11]Within fifteen working days from the date of submitting the application for unemployment benefit, if the worker does not wish to receive unemployment benefits, the worker must either directly or authorize another person to submit a request not to receive unemployment benefits to the employment service center where the application for unemployment benefit was submitted.

Article 18. Resolution on Unemployment Benefit

1. The employment service center is responsible for reviewing and presenting to the Director of the Department of Labor, War Invalids and Social Affairs a decision regarding the entitlement to unemployment benefits within twenty working days from the date of receiving all required documents, and for applications sent via postal service, the date of receipt is considered the date indicated on the postal service stamp.Fromthe date all required documents are received, if the application for unemployment assistance is sent by mail, the date of receipt of the application is considered to be the date indicated on the postmark.

If the worker has not found employment within fifteen working days from the date of submitting the application for unemployment benefit and is decided by the Director of the Department of Labor, War Invalids and Social Affairs to receive unemployment benefits, the employment service center will confirm the resolution on the issuance of unemployment benefits in the social insurance book and return it to the worker together with the decision on unemployment benefits after photographing the social insurance book for file retention.

The period for receiving unemployment benefits for workers starts from the sixteenth day according to the date of submitting the application for unemployment benefit.Fromthe date of submission of the application for unemployment assistance.

The decision on the entitlement to unemployment benefits is sent by the employment service center: one copy to the Social Insurance Agency of the province or centrally-administered city (hereinafter referred to as the provincial Social Insurance Agency) for the implementation of unemployment benefit payments and issuance of health insurance cards to workers; one copy to the worker entitled to unemployment benefits. The decision on the entitlement to unemployment benefits is implemented according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

In case the worker is not entitled to unemployment benefits, the employment service center must notify in writing and clearly state the reasons.

2. Unemployment Benefit Payment

a) The social insurance organization implements the payment of the first month's unemployment benefit for workers within five working days from the date of receiving the decision on unemployment benefits;Fromthe date of receipt of the decision on unemployment assistance;

b) The social insurance organization implements the payment of unemployment benefits for workers from the second month of unemployment benefit entitlement onwards within five working days, starting from the seventh day of the month of unemployment benefit entitlement if no temporary suspension or cessation of unemployment benefit entitlement decision is received for the worker. If the seventh day mentioned above is a non-working day, the deadline for unemployment benefit payment is extended to the next working day.

3[12]Within the three working days recorded on the appointment slip for result delivery according to Form No. 01 issued together with this Decree, if the worker does not come to collect the decision on the entitlement to unemployment benefits or does not authorize another person to collect the decision and does not inform the employment service center about the inability to come, it shall be deemed that the worker does not wish to receive unemployment benefits. Within two working days from the date the worker exceeds the deadline for collecting the decision according to the appointment slip for result delivery, the employment service center will present to the Director of the Department of Labor, War Invalids and Social Affairs a decision to revoke the decision on the entitlement to unemployment benefits of the worker according to Form No. 02 issued together with this Decree.

The decision to revoke the decision on the entitlement to unemployment benefits is sent by the employment service center: one copy to the provincial social insurance agency to stop the payment of unemployment benefits to the worker; one copy to the worker.

4[13]IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

5. The period of unemployment insurance contribution of the worker in the case of revoking the decision on the entitlement to unemployment benefits as stipulated in Clause 3 of this Article is accumulated according to Clause 1 of Article 45 of the Law on Employment to calculate for the next entitlement to unemployment benefits when meeting the conditions for entitlement to unemployment benefits as prescribed.

6. After three months from the date the worker's entitlement to unemployment benefits ends according to the decision on unemployment benefits but the worker does not come to collect the unemployment benefit money and does not notify in writing the social insurance organization where they are receiving unemployment benefits, the worker is determined to not wish to receive unemployment benefits. The period of unemployment insurance contribution corresponding to the amount of unemployment benefit that the worker did not collect is retained as a basis for calculating the period of entitlement to unemployment benefits for the next entitlement to unemployment benefits when meeting the conditions for entitlement to unemployment benefits as prescribed.

Within seven working days after the aforementioned deadline,organizationThe social insurance agency must notify in writing to the employment service center where the worker is receiving unemployment benefits about the worker's failure to collect unemployment benefits. The notification regarding the worker's failure to collect unemployment benefits shall be carried out according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

Within ten working days from the date of receipt of the notification from the social insurance organization, the employment service center is responsible for reviewing and submitting to the Director of the Department of Labor, War Invalids and Social Affairs for a decision on preserving the time of unemployment insurance contributions for the worker.

The decision on preserving the time of unemployment insurance contributions is sent by the employment service center: one copy to the provincial social insurance agency to implement the preservation of the time of unemployment insurance contributions for the worker; one copy to the worker. The decision on preserving the time of unemployment insurance contributions shall be carried out according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

7. The period of receiving unemployment benefits is calculated based on the number of months of unemployment insurance contributions as stipulated in Clause 2, Article 50 of the Employment Law. If a worker has more than thirty-six months of unemployment insurance contributions, the remaining months not yet utilized for receiving unemployment benefits shall be preserved as a basis for calculating the period of receiving unemployment benefits for the next benefit period when the conditions for receiving unemployment benefits are met.

Article 19. Suspension of Unemployment Benefits

1. Workers receiving unemployment benefits must comply with the notification requirements for job search activities as stipulated in Article 52 of the Employment Law.

2. Within two working days from the date the worker fails to report monthly job search activities as required, the employment service center where the worker is receiving unemployment benefits shall submit to the Director of the Department of Labor, War Invalids and Social Affairs for a decision on suspending the worker's unemployment benefits.

The decision on suspending unemployment benefits is sent by the employment service center: one copy to the provincial social insurance agency to implement the suspension of unemployment benefit payments for the worker; one copy to the worker. The decision on suspending unemployment benefits shall be carried out according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

Article 20. Continuation of Unemployment Benefits

1. A worker who has been suspended from receiving unemployment benefits under Clause 1, Article 53 of the Employment Law, if they still have unused time for receiving unemployment benefits as decided by the Director of the Department of Labor, War Invalids and Social Affairs and continue to report monthly job search activities as required, within two working days from the date the worker reports their job search activities, the employment service center shall submit to the Director of the Department of Labor, War Invalids and Social Affairs for a decision on continuing unemployment benefits for the worker.

The decision on continuing unemployment benefits is sent by the employment service center: one copy to the provincial social insurance agency to implement the continuation of unemployment benefit payments for the worker; one copy to the worker. The decision on continuing unemployment benefits shall be carried out according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

During the period of suspension of unemployment benefits, the worker does not receive unemployment benefits.

Article 21. Termination of Unemployment Benefit Entitlement

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

a) Expiration of the period for receiving unemployment benefit as decided by the worker's unemployment benefit entitlement decision;

b)[14] Employment

A worker is considered to have employment if he/she falls under any of the following cases:

- Has concluded a labor contract, seasonal work contract, or a specific job contract with a duration of at least one month. The date on which the worker is considered to have employment is the date when the labor contract or work contract becomes effective according to the law;

- Has received a recruitment or appointment decision for cases not covered by labor contracts or work contracts. The date on which the worker is considered to have employment in this case is the date recorded in the recruitment or appointment decision;

- Holds a business registration certificate for workers who are household business owners or a company registration certificate for workers who are company owners. The date on which the worker is considered to have employment is the date the worker notifies the employment service center about the commencement of business operations of the household business or company;

- The worker has notified the employment service center that they have obtained employment. The date on which the worker is considered to have employment is the date recorded in the worker's employment notification;

c) Performing Military Service or Police Service Obligations

The date on which the worker is considered to be performing military service or police service obligations is the date of enlistment;

d)[15] 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.

đ)[16] After two refusals by the worker to accept job offers introduced by the employment service center where the worker is receiving unemployment benefits without valid reasons;

Workers receiving unemployment benefits who refuse job offers falling under any of the following circumstances shall be deemed to have no valid reasons:

- The worker was introduced to a suitable job matching their trained profession or previous work experience by the employment service center, as recorded in the job counseling and introduction form, but did not participate in the job application process;

- The worker participated in the job application process as introduced by the employment service center where they are receiving unemployment benefits and was hired by the employer but refused to take up the offered position, except in cases where the job does not match the job advertisement issued by the employer;

e)[17] During the period of receiving unemployment benefits, failing to report monthly on job search activities to the employment service center for three consecutive months as required;

The date on which the worker is determined to have their unemployment benefit entitlement terminated is the end date of the third consecutive month during which the worker failed to report monthly on job search activities;

g) Leaving the country for permanent settlement or working abroad for a fixed term under a contract;

The date on which the worker is considered to have left the country for permanent settlement or working abroad for a fixed term under a contract is the date of departure as stipulated by the law on entry and exit;

h)|||[18] Attending a study program for at least twelve months;

The date on which the worker is considered to have attended a study program for at least twelve months is the date of enrollment recorded in the admission notice;

i) Being administratively penalized 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.

k) Death;

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

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

The date on which the worker is considered to be serving a decision to place in a rehabilitation school, compulsory educational institution, or compulsory drug rehabilitation facility is the start date of the administrative measure recorded in the decision of the competent authority;approving remediation and environmental recovery plans or remediation and environmental recovery plans.

m) Being declared missing by a court;

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

n) Being detained or serving a prison sentence;

The date on which the worker is considered to be detained or serving a prison sentence is the start date of the detention or imprisonment decision issued by the competent authority;approving remediation and environmental recovery plans or remediation and environmental recovery plans.

2[19]Within three working days from the date the worker falls under the circumstances leading to termination of unemployment benefit entitlement as stipulated in points b, c, d, đ, e, g, h, i, k, l, m, and n of Clause 1 of this Article, the worker must notify the employment service center where they are receiving unemployment benefits and attach a copy of the relevant document regarding the termination of unemployment benefit entitlement. If sent via postal service, the date is calculated based on the postmark date;

3. Workers receiving unemployment benefits whose unemployment benefit entitlement is terminated under the circumstances specified in points b, c, d, đ, e, g, h, i, k, l, m, and n of Clause 1 of this Article shall have the employment service center where they are receiving unemployment benefits submit a request to the Director of the Department of Labor, Invalids, and Social Affairs for a decision on terminating the worker's unemployment benefit entitlement;assessmentThe decision on terminating the unemployment benefit entitlement shall be sent by the employment service center: one copy to the Provincial Social Insurance for the implementation of the termination of unemployment benefit entitlement for the worker; one copy to the worker. The decision on terminating the unemployment benefit entitlement shall be made in accordance with the model prescribed by the Minister of Labor, Invalids, and Social Affairs;

4. Workers receiving unemployment benefits whose unemployment benefit entitlement is terminated during the month they are receiving unemployment benefits shall still receive unemployment benefits for the entire month;

Workers whose unemployment benefit entitlement is terminated due to the circumstances specified in points b, c, h, l, m, and n of Clause 1 of this Article shall have the corresponding unemployment insurance contribution period preserved as the basis for calculating the unemployment benefit entitlement period for the next entitlement when they meet the conditions for receiving unemployment benefits as prescribed, except in cases where the worker's unemployment benefit entitlement is terminated under points b, c, h of Clause 1 of this Article but fails to comply with the notification requirements stipulated in Clause 2 of this Article.

5[20]Workers whose unemployment assistance is terminated due to the circumstances specified in points b, c, h, l, m, and n of Clause 1 of this Article shall have their unemployment insurance contributions preserved as the basis for calculating the duration of unemployment assistance for the next period when they meet the conditions for receiving unemployment assistance as prescribed, except in cases where the worker's unemployment assistance is terminated due to the circumstances specified in points b, c, and h of Clause 1 of this Article but did not notify as required under Clause 2 of this Article.

The retention period is calculated as the total unemployment insurance contribution period minus the period for which unemployment benefits have been received, with each month of unemployment benefit received corresponding to twelve months of unemployment insurance contributions, and excluding any odd months of unemployment insurance contributions that were retained in the decision on receiving unemployment benefits (if applicable).

Article 22. 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 of receiving unemployment benefits to another province or centrally governed city must submit a request for transferring the place of receiving unemployment benefits according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs to the employment service center where they are currently receiving unemployment benefits.

2. Within three working days from the date of receipt of the worker's request, the employment service center shall be responsible for providing the worker with the file for transferring the place of receiving unemployment benefits and sending a letter of introduction for transferring the place of receiving unemployment benefits to the employment service center in the location to which the worker is transferring, according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs. The file for transferring the place of receiving 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[21]IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

4. Within two working days from the date of providing the file for transferring the place of receiving unemployment benefits to the worker as stipulated in Clause 2 of this Article, the employment service center where the worker is transferring from shall send a notification regarding the transfer of the place of receiving unemployment benefits to the Provincial Social Insurance Office to stop the payment of unemployment benefits according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

5[22]IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

6[23]IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

7. Within three working days from the date of receipt of the file for transferring the place of receiving unemployment benefits submitted by the worker, the employment service center shall send a document requesting the Provincial Social Insurance Office in the location to which the worker is transferring to continue implementing the payment of unemployment benefits and issue a health insurance card for the worker along with a copy of the decision granting unemployment benefits to the worker. The document requesting the Provincial Social Insurance Office follows the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

7a[24]. In the case where the worker has received the file for transferring the place of receiving unemployment benefits but has not submitted it to the employment service center in the location to which they are transferring and no longer wishes to transfer the place of receiving unemployment benefits, the worker must return the letter of introduction for transferring the place of receiving unemployment benefits to the employment service center in the location from which they are transferring. Within three working days from the date of returning the letter of introduction for transferring the place of receiving unemployment benefits, the employment service center shall send a document requesting the social insurance agency in the provincial location to continue implementing the payment of unemployment benefits and issue a health insurance card for the worker.

7b[25]. Notifications regarding job search activities of workers during the period of transferring the place of receiving unemployment benefits shall be carried out in accordance with the guidelines of the Ministry of Labor, War Invalids and Social Affairs.

8. The social insurance organization where the worker transfers to receive unemployment benefits shall implement the payment of unemployment benefits and issue a health insurance card for the worker in accordance with the provisions of the law.

Article 23. Enjoyment of Health Insurance

[26]

1. Based on the decision regarding unemployment benefits, the social insurance agency shall issue a health insurance card to workers.

2. Workers will cease to enjoy health insurance when they stop receiving unemployment benefits.

Section 4. SUPPORT FOR VOCATIONAL TRAINING

Article 24. Documents for Requesting Vocational Training Support

[27]

1. The documents for requesting vocational training support for workers who are waiting for the results of unemployment benefit claims or are currently receiving unemployment benefits and have a need to undergo vocational training at the location where they are waiting for the results or currently receiving unemployment benefits shall be the request for vocational training support according to Form No. 03 issued together with this Decree.

2. The documents for requesting vocational training support for workers who are currently receiving unemployment benefits and have a need to undergo vocational training at a location other than where they are currently receiving unemployment benefits include the request for vocational training support as stipulated in Clause 1 of this Article and the decision on the receipt of unemployment benefits. The decision on the receipt of unemployment benefits is the original or certified copy or uncertified copy accompanied by the original for comparison.

3. The documents for requesting vocational training support for workers not falling under the provisions of Clauses 1 and 2 of this Article include:

a) Request for unemployment benefits;

b) Request for vocational training support as stipulated in Clause 1 of this Article;

c) Original or certified copy or uncertified copy accompanied by the original for comparison of one of the documents as prescribed in Clause 2 of Article 16 of Decree No. 28/2015/NĐ-CP amended and supplemented in Clause 6 of Article 1 of this Decree;

d) Social insurance book.

In cases where workers have submitted a request for unemployment benefits but do not meet the conditions for receiving such benefits, the documents for requesting vocational training support shall be the request for vocational training support as stipulated in Clause 1 of this Article and the notification from the employment service center about the worker's failure to meet the conditions for receiving unemployment benefits.

Article 25. Resolution of Vocational Training Support

[28]

1. Workers meeting the conditions stipulated in Article 55 of the Labor Law who wish to undergo vocational training shall be supported once to learn one profession at an educational institution, university with registered vocational education activities at the college level, or enterprises implementing vocational education activities participating in vocational training for unemployed workers enrolled in unemployment insurance (hereinafter referred to collectively as vocational training institutions). The method of supporting vocational training costs shall be implemented through vocational training institutions.

2. Workers wishing to undergo vocational training must submit one set of documents for requesting vocational training support to the employment service center.

a) The documents for requesting vocational training support as stipulated in Clause 1 of Article 24 shall be submitted to the employment service center that is processing the unemployment benefit claim or where the worker is currently receiving unemployment benefits.

b) The documents for requesting vocational training support as stipulated in Clauses 2 and 3 of Article 24 shall be submitted to the employment service center where the worker wishes to undergo vocational training.

3. The employment service center shall be responsible for examining the documents for requesting vocational training support and issuing a receipt for the result to the worker according to Form No. 01 issued together with this Decree.

4. Within twenty working days from the date of receipt of the complete documents for requesting vocational training support, the employment service center shall be responsible for determining the specific profession, duration of vocational training support, start date of vocational training, amount of vocational training support, and vocational training institution to submit to the Director of the Department of Labor, Invalids, and Social Affairs for a decision on vocational training support for the worker.

The start date of vocational training for workers is the date following the issuance of the decision on vocational training support, but not exceeding three months from the date of issuance of the decision on vocational training support for those not currently receiving unemployment benefits, and not exceeding three months from the end date of the unemployment benefit period as stated in the decision on unemployment benefits for those currently receiving unemployment benefits. If workers wish to participate in a vocational training course being conducted by a vocational training institution and the start date of the training does not exceed one month from the date of issuance of the decision on vocational training support, and the vocational training institution ensures to make up for the knowledge during the period before the worker's participation, then the worker can still be supported to join this training course.

The decision on vocational training support according to Form No. 04 issued together with this Decree shall be sent by the employment service center: one copy to the provincial social insurance agency to implement payment to the vocational training institution; one copy to the vocational training institution to implement vocational training for the worker; one copy to the worker.

If workers are not supported for vocational training, the employment service center must respond in writing and clearly state the reasons.

If workers have received a decision on vocational training support but have not participated in a vocational training course or are currently participating in a vocational training course and their unemployment benefits have been terminated, they will still be supported for vocational training according to the decision of the Director of the Department of Labor, Invalids, and Social Affairs on vocational training support.

5. Within three working days recorded on the receipt for the result, if workers do not come to collect the decision on vocational training support or do not authorize another person to collect it and do not inform the employment service center about the reason for not being able to collect it, it shall be considered that they do not have a need for vocational training support. Within two working days from the date the worker exceeds the deadline for collecting the decision according to the receipt for the result, the employment service center shall submit to the Director of the Department of Labor, Invalids, and Social Affairs for issuance of a decision to cancel the vocational training support decision of the worker according to Form No. 05 issued together with this Decree. The decision to cancel the vocational training support decision shall be sent by the employment service center: one copy to the provincial social insurance agency to refrain from making payments for vocational training support to the vocational training institution; one copy to the vocational training institution to refrain from conducting vocational training for the worker; one copy to the worker.

6. Vocational training institutions organize vocational training for workers according to the decision on vocational training support made by the Director of the Department of Labor, Invalids, and Social Affairs, and monthly they are responsible for preparing a list with the signatures of workers currently undergoing training to transfer to the social insurance agency for settlement of training support funds.

Section 5. SUPPORT FOR TRAINING, ENHANCEMENT, AND IMPROVEMENT OF SKILL LEVELS TO MAINTAIN EMPLOYMENT FOR WORKERS

Article 26. Application Documents for Support

1. The application document for financial support for training, enhancement, and improvement of skill levels to maintain employment for workers shall include the following basic contents: industry, profession, or production and business field; production and business situation; number of workers at the time of application; difficulties and reasons compelling structural or technological changes in production and business; risk of reducing the number of workers; financial needs for organizing training, enhancement, and improvement of skill levels for workers; commitment to organizing training, enhancement, and improvement of skill levels and using labor according to the approved plan.

2. The plan for changing the structure or technology in production and business approved by the competent authority.

3. The plan for training, enhancement, and improvement of skill levels and maintaining employment as stipulated in Clause 4, Article 3 of this Decree.

4. Documentation proving insufficient funds to organize training, enhancement, and improvement of skill levels for workers as stipulated in Clause 3, Article 3 of this Decree.

5. A confirmation document from the social insurance organization where the employer pays unemployment insurance for workers as stipulated in Clause 1, Article 3 of this Decree.

The Minister of Labor, Invalids, and Social Affairs shall provide guidance on Clause 1 and Clause 3 of this Article.

Article 27. Resolution of Financial Support for Training, Enhancement, and Improvement of Skill Levels to Maintain Employment for Workers

1. Employers requiring support for training, enhancement, and improvement of skill levels for workers must submit the application documents as prescribed in Article 26 of this Decree to the Department of Labor, Invalids, and Social Affairs at their main office location for review.

2. Within thirty days from the date of receiving all application documents from employers as prescribed, the Department of Labor, Invalids, and Social Affairs will review and approve the training, enhancement, and improvement of skill levels and employment maintenance plans; take the lead,coordinate with the Department of Finance and relevant agencies to review the application documents for support for training, enhancement, and improvement of skill levels as stipulated in Article 3 of this Decree and report to the Chairmanof the National Assembly; of the People's Committee of the province or centrally-administered city (hereinafter referred to as the Chairmanof the National Assembly; of the provincial People's Committee) for consideration and decision on providing financial support for training, enhancement, and improvement of skill levels to maintain employment for workers.

In cases where support is not provided, the Department of Labor, Invalids, and Social Affairs must respond in writing and clearly state the reasons to the employer.

The decision on financial support for training, enhancement, and improvement of skill levels to maintain employment for workers issued by the Department of Labor, Invalids, and Social Affairs shall be sent: one copy to the provincial social insurance agency for payment; one copy to the Ministry of Labor, Invalids, and Social Affairs for reporting; one copy to the job service center; one copy to the employer for implementation; and one copy to the vocational training institution in cases where training is not directly conducted by the employer. The decision on financial support for training, enhancement, and improvement of skill levels to maintain employment for workers shall be implemented according to the model prescribed by the Minister of Labor, Invalids, and Social Affairs.

3. Social insurance organizations shall temporarily advance fifty percent of the training, enhancement, and improvement of skill levels support funds for employers based on the decision of the Chairmanof the National Assembly; of the provincial People's Committee within five working days from the date of receipt of the decision of the Chairmanof the National Assembly; of the provincial People's Committee and shall settle accounts according to the actual implementation of the training, enhancement, and improvement of skill levels plan.

Article 28. Organizations implementing training, upgrading, and enhancing vocational skills to maintain employment for workers

1. Employers organize training or cooperate with vocational training institutions, employment service centers tocoordinate train, upgrade, and enhance the vocational skills of workers according to the support decision of the Chairmanorganization of the provincial People's Committee and ensure the maintenance of employment for workers.of the National Assembly;2. Employers are responsible for implementing or cooperating with vocational training institutions to carry out training, upgrading, and enhancing vocational skills and ensuring the maintenance of employment for workers according to the approved plan.

3. The Department of Labor, Invalids and Social Affairs monitors and supervises the implementation of training, upgrading, and enhancing vocational skills according to the support decision of the Chairmancoordinate of the provincial People's Committee.

RIGHTS AND RESPONSIBILITIES OF WORKERS, EMPLOYERS, EMPLOYMENT SERVICE CENTERS, DEPARTMENT OF LABOR, INVALIDS AND SOCIAL AFFAIRS, SOCIAL INSURANCE ORGANIZATIONSof the National Assembly;1. Receive the social insurance book with full confirmation about unemployment insurance contributions when terminating the labor contract or

Chapter V

 working.

Article 29. Rights of Workers

2. Enjoy unemployment benefits as prescribed in Article 42 of the Law on Employment.labor3. Be authorized to have another person submit the application for unemployment allowance according to Clause 2, Article 17, and receive the decision on receiving unemployment allowance according to Clause 3, Article 18 of this Decree.

4. Request employers to provide information on unemployment insurance contributions; request employment service centers and social insurance organizations to provide related information on unemployment insurance.

1. Pay unemployment insurance contributions sufficiently and correctly as prescribed in Point a, Clause 1, Article 57 of the Law on Employment.

4. Workers who enter into multiple labor contracts upon termination of their current employment covered by unemployment insurance must notify the next employer to continue participating in unemployment insurance as prescribed.

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

6. Other rights as prescribed by law.

Article 30. Obligations of Workers

5. Submit applications for unemployment allowance and vocational training support at employment service centers when needed.

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.

6. Report monthly to employment service centers on job search activities during the period of receiving unemployment allowance as prescribed.

7. Accept employment or participate in vocational training programs recommended by employment service centers during the period of receiving unemployment allowance.

8. Within fifteen working days from the date of submitting the application for unemployment allowance, if workers find employment, they must immediately inform the employment service center where the application was submitted.

9. Receive notifications regarding non-receipt of unemployment allowance or vocational training support, decisions on receipt of unemployment allowance, decisions on cancellation of unemployment allowance receipt, decisions on vocational training support, decisions on suspension of unemployment allowance receipt, decisions on continued receipt of unemployment allowance, decisions on termination of unemployment allowance receipt, and decisions on retention of unemployment insurance contribution time as prescribed.issued10. Report according to regulations to employment service centers when falling under the circumstances of terminating unemployment allowance receipt as prescribed in Points b, c, d, g, h, l, and n, Clause 1, Article 21 of this Decree.

12. Fully comply with laws on unemployment insurance and other relevant laws.

1. Be supported with funding for training, upgrading, and enhancing vocational skills to maintain employment for workers as prescribed.

1. Take the lead,

11[29]IMPLEMENTATION OF UNEMPLOYMENT INSURANCE

 cooperate with grassroots trade unions to disseminate policies and laws on unemployment insurance.

Article 31. Rights of Employers

3. Safeguard workers' unemployment insurance participation records while they work at the unit. Present relevant documents, files, and provide information upon request by competent state authorities during

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

 inspectioncoordinate or audit 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.

5. Provide copies of labor contracts or work agreements or confirmations of unilateral termination of employment for workers within two working days from the date of termination of

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

 employment. Complete the procedures to confirm unemployment insurance contributions for workers to enable them to complete the application for unemployment insurance benefits as prescribed.labor6. Notify the employment service center located at the workplace of the employer of any changes in workforce at the unit according to guidelines issued by the Minister of Labor, Invalids and Social Affairs. For units under armed forces, the Minister of Labor, Invalids and Social Affairs will take the lead and coordinate with the Minister of Defense and the Minister of Public Security to issue guidelines for implementation.laborworker orlabor7. Before January 15 each year, report to the Department of Labor, Invalids and Social Affairs on the previous year's unemployment insurance participation status.laborworker orlabor8. Organize the implementation of training, upgrading, and enhancing vocational skills to maintain employment for workers according to the approved plan by the competent authority.

9. Utilize workers who have been trained and upgraded in vocational skills according to the approved plan and report the results to the Department of Labor, Invalids and Social Affairs within thirty days from the end of the training course.

10. Fulfill other responsibilities as prescribed by law.

8. Organize the implementation of training, upgrading, and improving vocational skills to maintain employment for workers in accordance with the approved plan by the competent authority.

9. Employ workers who have been trained and upgraded in vocational skills according to the approved plan and report the results to the Department of Labor, Invalids, and Social Affairs within thirty days from the end of the training course.

10. Fulfill other responsibilities as prescribed by law.

Article 33. Rights of employment service centers

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 employment service centers

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

2. Organize the acceptance of applications for unemployment benefits and support for vocational training, examine and implement procedures for granting unemployment benefits and vocational training support in accordance with the law.

3. Organize counseling, job introduction, and vocational training for workers in accordance with the law.

3a[30]. Timely inform the social insurance agency in cases where workers do not come to receive decisions on receiving unemployment benefits, workers do not report on job search activities, and workers fall under the category of having their unemployment benefit entitlement terminated according to regulations before the Department of Labor, Invalids and Social Affairs issues a decision to cancel the unemployment benefit receipt decision, suspend unemployment benefit receipt, and terminate unemployment benefit receipt.

4. Monitor, track, and update information related to the receipt of unemployment insurance benefits for workers.

5. Implement regular monthly, quarterly, and annual reporting, as well as special reports to the Ministry of Labor, Invalids and Social Affairs and the Department of Labor, Invalids and Social Affairs on unemployment insurance in accordance with the law.

6. Provide materials and information related to unemployment insurance upon request from workers, trade unions, and authorized agencies in accordance with the law.

7. Store and preserve unemployment insurance receipt files in accordance with the law.

8. Organize training, professional development, and application of technology in managing unemployment insurance and resolving unemployment benefit entitlements for workers in accordance with the law.Public Key Cryptography Standard (PKCS#1) 

9. Participate in implementing international cooperation on unemployment insurance.

10. Fulfill other responsibilities as prescribed by law.

Article 35. Rights of social insurance organizations

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

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

3. Propose to competent authorities to establish, amend, and supplement policies, laws, and regulations on unemployment insurance; manage and utilize the Unemployment Insurance Fund; handle violations of unemployment insurance laws or propose to state authorities with jurisdiction to handle such violations in accordance with the law.

4. Other rights as prescribed by law.

Article 36. Responsibilities of social insurance organizations

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

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

3. Organize the collection of unemployment insurance.

4. Provide information on participation and payment of unemployment insurance for workers to employment service centers 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, vocational training support, and support for skill enhancement and maintenance of employment for workers.

6[31]. Cease payment of unemployment benefits, vocational training support, and support for skill enhancement and maintenance of employment for workers when there is a decision from the competent authority.

6a[32]. Recover funds paid for unemployment insurance benefits due to incorrect payments according to the benefit receipt decisions or incorrect payment periods or incorrect collection of unemployment insurance leading to improper resolution of unemployment benefit entitlements.

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 Labor, Invalids and Social Affairs as prescribed.

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

12. Apply technology in managing unemployment insurance; store records of participants in unemployment insurance in accordance with the law.Public Key Cryptography Standard (PKCS#1) 

13. Provide complete and timely information about participation and payment of unemployment insurance when requested by workers.

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 Labor, Invalids and Social Affairs on the situation of revenue, 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 Labor - Invalids and Social Affairs

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

2. Reviewing and approving training programs, upgrading skills, maintaining employment; reviewing application files for support and monitoring the implementation of vocational training and skill enhancement support according to regulations.

3. Monitoring and inspecting the implementation of laws on unemployment insurance.

4. Resolving complaints and denunciations 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. Proposing competent authorities to handle violations of laws on unemployment insurance.

7. Other rights as prescribed by law.

Article 38. Responsibilities of the Department of Labor - Invalids and Social Affairs

 inspectioncoordinatetogether 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.

2a[33]Implement the recovery of funds received from improper implementation of unemployment benefit schemes or issuing and transferring decisions to revoke unemployment benefits, terminate unemployment benefits, suspend unemployment benefits not in accordance with prescribed deadlines.

Taking the lead and coordinating with relevant functional agencies to organize the implementation of recovering improperly received unemployment benefit funds when the cause for recovery is not due to the unemployment insurance implementing agency.

3. Implementing periodic reporting every six months, annually, and ad hoc reports to the Ministry of Labor - Invalids and Social Affairs, Provincial People's Councils in accordance with the law.

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

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

6. To perform other responsibilities as prescribed by law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 39. Transitional Provisions

1. The period during which workers have contributed to unemployment insurance as stipulated in the Social Insurance Law before the Employment Law came into effect but have not yet received unemployment benefits shall be counted as the unemployment insurance contribution period as provided for in Article 45 of the Employment Law.

2. The period during which employers contribute to unemployment insurance for workers shall be counted towards exempting liability for severance pay or termination pay as stipulated in labor and civil servant laws.

3. The actual working period of workers under labor contracts or employment agreements with employers without having to contribute to unemployment insurance shall be counted towards eligibility for termination pay or loss-of-job compensation as stipulated in current labor laws or termination pay as stipulated in civil servant laws.laborWorkers who enter into labor contracts or employment contracts with employers without having to pay unemployment insurance contributions may be eligible for severance pay or loss-of-job compensation in accordance with current labor laws or severance pay for civil servants as prescribed by relevant laws.

Workers who submitted applications for unemployment benefits before January 1, 2015 shall comply with the provisions of Decree No.127/2008/ND-CP dated December 12, 2008 of the Government detailing and guiding the implementation of certain articles of the Social Insurance Law on unemployment insurance; Decree No.100/2012/ND-CPdated November 21, 2012 of the Government amending and supplementing certain articles of Decree No.127/2008/ND-CPdated December 12, 2008 of the Government detailing and guiding the implementation of certain articles of the Social Insurance Law on unemployment insurance.

Article 40. Organizationimplement

1. The Minister of Labor, Invalids and Social Affairs shall be responsible for guiding and implementing this Decree.

2. The Minister of Finance shall be responsible for ensuring the budget to support the Unemployment Insurance Fund in accordance with the provisions of Article 7 of this Decree.

3. The Minister of National Defense and the Minister of Public Security shall, based on their functions and tasks, be responsible for guiding and organizing the implementation of this Decree.

4. Other Ministers and heads of agencies related to their functions, tasks, and authorities shall be responsible for organizing the implementation of this Decree.

Article 41. Effective Date

[34]

1. This Decree takes effect from May 1, 2015. The regimes prescribed in this Decree shall be implemented from January 1, 2015.

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

a) Decree No. 127/2008/ND-CP December 12, 2008 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law on unemployment insurance;

b) Decree No. 100/2012/ND-CPdated November 21, 2012 of the Government amending and supplementing certain articles of Decree No.127/2008/ND-CPdated December 12, 2008 of the Government detailing and guiding the implementation of certain articles of the Social Insurance Law on unemployment insurance.

Article 42. Responsibility for Implementation

[35]

Ministers, heads of ministerial-level agencies, heads of government agencies, Chairmen ofof the National Assembly; People's Committees of provinces and centrally governed cities, agencies, organizations, enterprises, and individuals related shall be responsible for implementing this Decree.

 

CERTIFIED CONSOLIDATED DOCUMENT THE MINISTER Dao Ngoc Dung

 

 

 

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