Decree No. 61/2020/ND-CP amending and supplementing some articles of Decree No. 28/2015/ND-CP dated March 12, 2015, of the Government detailing the implementation of certain provisions of the Labor Law on unemployment insurance.

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 28/2015/NĐ-CP OF THE GOVERNMENT DATED MARCH 12, 2015, PROVIDING DETAILS ON IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LABOR LAW REGARDING UNEMPLOYMENT INSURANCE

On the basis of Law on Government OrganizationMarch 19,2015;

Pursuant to the Labor Law dated November 16, 2013;

At the request of the Minister of Labor, War Invalids and Social Affairs,Pursuant to the request of the Director General of the Department of Vocational Education;

the Government detailing certain provisionsThe Government promulgates this Decree amending and supplementing certain articles of Decree No. 28/2015/NĐ-CP dated March 12, 2015 of the Government providing details on implementation of certain provisions of the Labor Law regarding unemployment insurance (hereinafter referred to as Decree No. 28/2015/NĐ-CP) as follows:detailed implementation of certain provisions of the Labor Law regarding unemployment insurance 8. Unemployment insurance.失业。

Article 1. Amend and supplement certain articles of Decree No. 28/2015/NĐ-CP dated March 12, 2015 of the Government providing details on implementation of certain provisions of the Labor Law regarding unemployment insurance (hereinafter referred to as Decree No. 28/2015/NĐ-CP) as follows:

1. Amend and supplement Clause 2 of Article 3:

"2. Difficulties as prescribed at point b, Clause 1, Article 47 of the Labor Law leading to the risk of reducing the number of current employees by 30% or more, or by 30 employees or more for employers using less than 200 employees; by 50 employees or more for employers using from 200 to 1000 employees; by 100 employees or more for employers using more than 1000 employees, excluding employees under seasonal or specific work contracts with a term of less than one month.

Cases considered as force majeure as prescribed at point b, Clause 1, Article 47 of the Labor Law include:

- Fire, flood, earthquake, tsunami, enemy attack, epidemic causing damage to part or all of the facilities, equipment, machinery, workshops, confirmed by the Chairman of the People's Committee of the district, town, city directly under province where the employer suffered damage;

- Implementation of requirements of competent state agencies regarding relocation or reduction of production and business premises."

2. Amend and supplement Clause 3 of Article 8:

"3. Methods of transferring funds for management expenses of unemployment insurance:

Based on the budget for management expenses of unemployment insurance assigned by the Prime Minister, the Vietnam Social Security shall be responsible for timely transferring sufficient management expenses of unemployment insurance to the Ministry of Labor, War Invalids and Social Affairs, the Social Security of the Ministry of Defense, and the 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 financial management mechanisms for social insurance, health insurance, unemployment insurance, and management expenses for social insurance, health insurance, and unemployment insurance. Specifically, for information technology application costs, it shall be implemented according to the provisions of Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in the activities of state agencies and subsequent amendments and supplements (if any)."

3. Amend and supplement Clause 2 of Article 10:

"2. The establishment, allocation, assignment, management, use, and settlement of management expenses of unemployment insurance shall be carried out according to the regulations of the Prime Minister on financial management mechanisms for social insurance, health insurance, unemployment insurance, and management expenses for social insurance, health insurance, and unemployment insurance."

4. Amend and supplement Clause 2 and Clause 3 of Article 12:

"2. Workers are determined to be contributing to unemployment insurance according to Article 49 of the Labor Law when they fall into one of the following cases:

a) Workers have contributed to unemployment insurance for the month of termination of the labor contract or employment contract and have been confirmed by the social insurance agency on their social insurance book;

b) Workers have contributed to unemployment insurance for the month immediately preceding the month of termination of the labor contract or employment contract and have been confirmed by the social insurance agency on their social insurance book;

c) Workers have had a month immediately preceding the month of termination of the labor contract or employment contract or the month of termination of the labor contract or employment contract during which they were absent due to illness or maternity leave for 14 working days or more in that month without receiving monthly salary at the unit and have been confirmed by the social insurance agency on their social insurance book;

d) Workers have had a month immediately preceding the month of termination of the labor contract or employment contract or the month of termination of the labor contract or employment contract during which they were absent without pay for 14 working days or more in that month at the unit and have been confirmed by the social insurance agency on their social insurance book;

đ) Workers have had a month immediately preceding the month of termination of the labor contract or employment contract or the month of termination of the labor contract or employment contract during which they were temporarily suspended from performing the labor contract or employment contract for 14 working days or more in that month at the unit and have been confirmed by the social insurance agency on their social insurance book.

3. The month of contribution to unemployment insurance of workers will be counted if the employer and the worker have performed the labor contract or employment contract and have contributed to unemployment insurance.

In case a worker has been granted unemployment benefits and after ceasing to receive such benefits, the social insurance agency confirms additional time of contribution to unemployment insurance, this period will be recognized as the time of contribution but not yet received unemployment benefits according to Clause 1, Article 45 of the Labor Law."

5. Amend and supplement Clause 3 of Article 14:

"3. The Minister of Labor, War Invalids and Social Affairs shall stipulate the price of services for job counseling and job introduction from the Unemployment Insurance Fund for workers according to Article 54 of the Labor Law."

6. Amend and supplement Clause 2 of Article 16:

"2. Original or certified copy or copy accompanied by the original for comparison of one of the following documents confirming the termination of the labor contract or employment contract:

a) Labor contract or employment contract that has expired or completed the work as per the labor contract;

b) Decision to terminate employment;

c) Decision to dismiss;

d) Decision to discipline and terminate employment;

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

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

g) Confirmation from the competent state agency regarding the dissolution, bankruptcy of the enterprise or cooperative, or the decision to dismiss, remove, or relieve from duty the appointed positions when the employee is a business manager or cooperative manager;

h) In cases where the employee does not have the confirmation documents on the termination of the labor contract due to the absence of a legal representative of the employer or a person authorized by the legal representative, the following procedures shall be implemented:

The Department of Labor, Invalids and Social Affairs or the Provincial Social Insurance Agency shall send a request letter to the Department of Planning and Investment for confirmation that the employer has no legal representative or no person authorized by the legal representative.

The Department of Planning and Investment shall coordinate with tax authorities, public security agencies, and local authorities where the employer's main office is located to verify the content that the employer has no legal representative or no person authorized by the legal representative.

The Department of Planning and Investment shall send a reply letter to the Department of Labor, Invalids and Social Affairs and the Provincial Social Insurance Agency regarding the content that the employer has no legal representative or no person authorized by the legal representative within ten working days from the date of receipt of the request letter for confirmation from the Department of Labor, Invalids and Social Affairs or the Provincial Social Insurance Agency.

i) In cases where the employee participates in unemployment insurance according to point c, Clause 1, Article 43 of the Law on Employment, the confirmation documents on the termination of seasonal or fixed-term labor contracts lasting from three months to less than twelve months shall be the original or certified copy or a copy accompanied by the original for verification of such contract.

7. Supplement Clause 4 of Article 17:

“4. Within fifteen working days from the date of submitting the application for unemployment benefits, if the employee does not wish to receive unemployment benefits, the employee must directly or through an authorized person submit a non-receipt application for unemployment benefits to the employment service center where the employee submitted the application for unemployment benefits.”

8. Amend and supplement Clause 3 of Article 18:

“3. Within three working days recorded on the appointment slip for result delivery according to Form No. 01 issued together with this Decree, if the employee does not come to collect the decision on receiving unemployment benefits or does not authorize another person to collect it and does not inform the employment service center about the reason for not being able to collect it, it will be considered as having no need to receive unemployment benefits. Within two working days from the date the employee exceeds the deadline for collecting the decision according to the appointment slip, the employment service center shall submit a proposal to the Director of the Department of Labor, Invalids and Social Affairs to issue a decision to cancel the decision on receiving unemployment benefits of the employee according to Form No. 02 issued together with this Decree.

The decision to cancel the decision on receiving unemployment benefits shall be sent by the employment service center: one copy to the provincial social insurance agency to stop payment of unemployment benefits to the employee; one copy to the employee.”

9. Amend and supplement Point b, d, đ, e, h of Clause 1; Clause 2; Clause 5 of Article 21:

“b) Having employment

An employee is determined to have employment if they fall under any of the following circumstances:

- Have concluded a work contract, a seasonal or fixed-term labor contract lasting at least one month. The day the employee is determined to have employment is the effective date of the work contract or labor contract according to the law;

- Have a recruitment decision or appointment decision for those who do not belong to the category of concluding labor contracts or work contracts. The day the employee is determined to have employment in this case is the date of recruitment or appointment recorded in the recruitment or appointment decision;

- Have a registration certificate for individual business operation for employees who are individual business owners or a business registration certificate for employees who are business owners. The day the employee is determined to have employment is the day the employee informs the employment service center about the start of business operations of the individual business or business;

- The employee has informed the employment service center that they have employment. The day the employee is determined to have employment is the date recorded in the employment notification of the employee.

d) Receiving monthly pension

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

đ) After two refusals of job offers introduced by the employment service center where the employee is currently receiving unemployment benefits without valid reasons

An employee currently receiving unemployment benefits who refuses job offers in any of the following situations shall be deemed to have no valid reasons:

- The employee was introduced to a job suitable for their industry, profession, training level, or previous work experience recorded in the job counseling and introduction form but did not participate in the job interview;

- The employee participated in the job interview introduced by the employment service center where they are currently receiving unemployment benefits and was hired by the employer but refused the offered job, except in cases where the job does not match the job advertisement of the employer.

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

The day the employee is determined to have their unemployment benefits terminated is the last day of the third consecutive month during which the employee failed to report monthly on job search activities.

h) Attending a study program for a period of at least twelve months

The date on which the worker is determined to attend a study program for a period of at least twelve months is the enrollment date recorded in the admission notice.

2. Within three working days from the date the worker falls under the cases of termination of unemployment benefits as stipulated in points b, c, d, and h of Clause 1 of this Article, the worker must notify the employment service center where they are currently receiving unemployment benefits, along with a copy of the relevant documents regarding the termination of unemployment benefits. In case the notification is sent via postal service, it shall be considered based on the postmark date.

5. For workers whose entitlement to unemployment benefits is terminated due to the circumstances specified in points b, c, h, l, m, and n of Clause 1 of this Article, the period of unemployment insurance contributions corresponding to the remaining time during which the worker has not yet received unemployment benefits will be preserved as a basis for calculating the duration of unemployment benefits for the next entitlement when the conditions for receiving such benefits are met, except in cases where the worker's entitlement to unemployment benefits is terminated according to points b, c, and h of Clause 1 of this Article but does not comply with the notification requirement as stipulated in Article 2.

The preservation period is calculated by subtracting the time already spent receiving unemployment benefits from the total time of unemployment insurance contributions, following the principle that each month of unemployment benefit received corresponds to twelve months of unemployment insurance contributions paid, and excluding any partial months of unemployment insurance contributions preserved in the decision on unemployment benefit receipt (if applicable).

10. Supplement Clause 7a and Clause 7b after Clause 7 of Article 22:

“7a. If a worker has submitted the application for transferring the place of receiving unemployment benefits but has not yet handed it over to the employment service center at the new location and no longer wishes to transfer the place of receiving unemployment benefits, the worker must return the introduction letter for transferring the place of receiving unemployment benefits to the employment service center at the original location. Within three working days from the date of returning the introduction letter for transferring the place of receiving unemployment benefits, the employment service center shall send a written request to the provincial social insurance agency to continue the payment of unemployment benefits and issuance of health insurance cards for the worker.

7b. Notifications about job search activities 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, Invalids, and Social Affairs.”

11. Amend and supplement Article 23:

“Article 23. Receiving Health Insurance

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

2. The worker’s entitlement to health insurance shall terminate upon the termination of their entitlement to unemployment benefits.

12. Amend and supplement Article 24:

“Article 24. Application for Vocational Training Support

1. The application for vocational training support for workers who are waiting for the result of their unemployment benefit entitlement resolution or are currently receiving unemployment benefits and wish to undergo vocational training in the location where they are waiting for the result or currently receiving unemployment benefits shall be made using Form No. 03 issued together with this Decree.

2. The application for vocational training support for workers who are currently receiving unemployment benefits and wish to undergo vocational training in a location other than where they are receiving unemployment benefits includes the application for vocational training support as stipulated in Clause 1 of this Article and the decision on the entitlement to unemployment benefits. The decision on the entitlement to unemployment benefits shall be either the original or a certified copy or a copy accompanied by the original for verification.

3. The application for vocational training support for workers who do not fall under the provisions of Clauses 1 and 2 of this Article shall include:

a) Application for unemployment benefits;

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

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

d) Social insurance book.

In cases where a worker has submitted an application for unemployment benefits but does not meet the eligibility criteria, the application for vocational training support shall consist of the application for vocational training support as stipulated in Clause 1 of this Article and the notification from the employment service center regarding the worker's non-compliance with the eligibility criteria for unemployment benefits.”

13. Amend and supplement Article 25:

“Article 25. Resolution of Vocational Training Support

1. Workers who meet the conditions stipulated in Article 55 of the Employment Law and have a need for vocational training shall be supported once to learn one profession at a vocational education institution, a university registered for vocational education at the college level, or a business entity implementing vocational education activities for unemployed individuals participating in unemployment insurance (hereinafter referred to collectively as vocational training institutions). Financial support for vocational training shall be implemented through the vocational training institutions.

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

a) The application for vocational training support as stipulated in Clause 1 of Article 24, as amended and supplemented in Clause 12 of Article 1 of this Decree, shall be submitted to the employment service center where the worker is currently receiving unemployment benefits or where they are entitled to receive unemployment benefits.

b) The application for vocational training support as stipulated in Clauses 2 and 3 of Article 24, as amended and supplemented in Clause 12 of Article 1 of this Decree, shall be submitted to the employment service center at the location where the worker wishes to undergo vocational training.

3. The employment service center shall be responsible for reviewing the application for 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 receiving all application documents for vocational training support, the employment service center shall be responsible for specifically determining the trade, duration of vocational training support, start date of vocational training, level 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 workers.

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 cases not currently receiving unemployment benefits, and not exceeding three months from the end date of the unemployment benefit period according to the decision on unemployment benefit receipt for cases currently receiving unemployment benefits. In cases where workers wish to participate in ongoing vocational training courses implemented by vocational training institutions, workers will still be supported to join these training courses if the start date of vocational training calculated from the date of issuance of the decision on vocational training support does not exceed one month and the vocational training institution ensures to make up for the full knowledge during the period before the worker's participation in vocational training.

The decision on vocational training support, implemented according to Model No. 04 issued together with this Decree, shall be sent by the employment service center: one copy to the provincial social insurance agency for payment to the vocational training institution; one copy to the vocational training institution for implementation of vocational training for workers; 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.

Workers who have received a decision on vocational training support but have not yet participated in a vocational training course or are participating in a vocational training course and have had their unemployment benefits terminated may still be supported for vocational training according to the decision of the Director of the Department of Labor, Invalids, and Social Affairs regarding vocational training support.

5. Within the three working days specified on the appointment slip for result delivery, if workers do not come to receive the decision on vocational training support or do not authorize another person to receive the decision and do not inform the employment service center about the reason for not being able to come, it shall be considered that they have no need for vocational training support. Within two working days from the date when workers exceed the deadline for receiving the decision according to the appointment slip for result delivery, the employment service center shall submit to the Director of the Department of Labor, Invalids, and Social Affairs for issuance of a decision to revoke the vocational training support decision of the worker according to Model No. 05 issued together with this Decree. The decision on revoking 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 implementing vocational training for workers; one copy to the worker.

6. The vocational training institution organizes vocational training for workers according to the decision on vocational training support of the Director of the Department of Labor, Invalids, and Social Affairs and monthly has the responsibility to prepare a list signed by workers undergoing vocational training to transfer to the social insurance agency for settlement of vocational training support expenses.

14. Supplement Clause 3a after Clause 3 of Article 34:

"3a. Timely provide information to the social insurance agency in cases where workers do not come to receive the decision on unemployment benefit receipt, workers do not report job search activities, and workers fall under the category of having their unemployment benefits terminated according to regulations prior to submitting to the Director of the Department of Labor, Invalids, and Social Affairs for issuance of a decision to revoke the unemployment benefit receipt decision, suspend unemployment benefit receipt, and terminate unemployment benefit receipt."

15. Amend and supplement Clause 6 and add Clause 6a after Clause 6 of Article 36:

"6. Cease payment of unemployment benefits, vocational training support, and training enhancement and skill improvement support to maintain employment for workers upon a decision by the competent authority.

6a. Implement the recovery of unemployment insurance benefits paid due to incorrect payment according to the decision on receipt of unemployment insurance benefits or incorrect payment within the prescribed time limit or incorrect collection of unemployment insurance leading to incorrect processing of unemployment insurance benefit receipt."

16. Add Clause 2a after Clause 2 of Article 38:

"2a. Implement the recovery of unemployment insurance benefits paid due to incorrect processing of unemployment insurance benefit receipt or incorrect issuance and transfer of decisions to revoke unemployment benefit receipt, terminate unemployment benefit receipt, and suspend unemployment benefit receipt within the prescribed time limit.

Take the lead and coordinate with relevant functional agencies to organize the implementation of the recovery of incorrectly received unemployment insurance benefits in cases where the cause of recovery is not due to the unemployment insurance implementing agency."

Article 2. Abolish certain provisions of Decree No. 28/2015/NĐ-CP

Abolish Clause 3, Clause 4, Article 10; abolish Clause 4, Article 18; Clause 3, Clause 5, Clause 6, Article 22 and Clause 11, Article 30.

Article 3. Effectiveness

1. This Decree takes effect from July 15, 2020.

2. For employers who have submitted applications for training and skill enhancement support to maintain employment for workers before this Decree takes effect but have not yet received a decision on funding for such training and skill enhancement, they shall implement according to this Decree.

3. For workers who have submitted applications for vocational training support before this Decree takes effect but have not yet received a decision on such vocational training support, they shall implement according to this Decree.

Article 4. Responsibilities for Implementation

1. The Minister of Labor, War Invalids and Social Affairs shall guide the implementation of this Decree.

2. The Ministry of Labor, War Invalids and Social Affairs and the Vietnam Social Security shall apply and modernize information technology to ensure data sharing and electronic transactions in unemployment insurance collection, disbursement, and resolution activities.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, relevant agencies, organizations, enterprises, and individuals shall be responsible for implementing this Decree./.