Thông tư 28/2015/TT-BLDTBXH

Circular No. 28/2015/TT-BLDTBXH dated July 31st 2015, on guidelines for Article 52 of the Law on employment and Decree No. 28/2015/NĐ-CP on guidelines for the Law on employment in terms of unemployment insurance

Nội dung toàn văn Circular No. 28/2015/TT-BLDTBXH guidelines for the Law on employment in terms of unemployment insurance


THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 28/2015/TT-BLDTBXH

Hanoi, July 31, 2015

 

CIRCULAR

ON GUIDELINES FOR ARTICLE 52 OF THE LAW ON EMPLOYMENT AND DECREE NO. 28/2015/ND-CP DATED MARCH 12, 2015 OF THE GOVERNMENT ON GUIDELINES FOR THE LAW ON EMPLOYMENT IN TERMS OF UNEMPLOYMENT INSURANCE

Pursuant to the Law on employment dated November 16, 2013;

Pursuant to the Government's Decree No. 106/2012/ND-CP dated December 20, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

Pursuant to Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government on guidelines for the Law on employment in terms of unemployment insurance;

At the request of the Director of Department of employment,

The Minister of Labor, War Invalids and Social Affairs promulgates a Circular on guidelines for Article 52 of the Law on employment and the Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government on guidelines for the Law on employment in terms of unemployment insurance.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides guidelines for Article 52 of the Law on employment and the Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government on guidelines for the Law on employment in terms of unemployment insurance.

Article 2. Regulated entities

The regulated entities of this Circular are the regulated entities prescribed in Article 2 of the Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government on guidelines for the Law on employment in terms of unemployment insurance (hereinafter referred to as Decree No. 28/2015/ND-CP)

Chapter II

APPLICATION FOR AND PAYMENT OF UNEMPLOYMENT INSURANCE PREMIUMS

Article 3. Application for unemployment insurance prescribed in Clause 2 Article 11 of Decree No. 28/2015/ND-CP

1. Each employer shall prepare and submit application for unemployment insurance of each employee who is compulsory to have unemployment insurance to a social security agency within 30 days from the date on which the labor contract/employment contract of the employee takes effect.

2. If an employee concludes multiple labor contracts that are all compulsory to have unemployment insurance and he/she is purchasing unemployment insurance under the first effective concluded labor contract, upon termination or change of such contract resulting in ineligibility for unemployment insurance, the employer of the next effective concluded labor contract which is compulsory to buy unemployment insurance for the employee shall prepare and submit the application for unemployment insurance for the employee to the social security agency within 30 days from the date on which the former contract is terminated or changed. The above application shall be submitted together with the application for social insurance which the employee is compulsory to have.

3. In the event that an employer has concluded a seasonal or work-specific labor contract with duration of between 3 months and shorter than 12 months with an employee before January 01, 2015 and such contract has been performed, the employer must buy unemployment insurance for such employee from January 01, 2015 in case the remaining contract term is 3 months or longer.

Article 4. Payment of unemployment insurance premiums

1. Each employee shall pay unemployment insurance premiums according to the salary level decided by his/her employer. If the monthly salary of the employee is greater than 20-month regional minimum wage, the employer and the employee must pay unemployment insurance premiums according to the 20-month regional minimum wage determined from January 1, 2015.

2. Procedures for payment of unemployment insurance premiums shall comply with guidance of Vietnam Social Security.

Chapter III

JOB CONSULTANCY AND PLACEMENT

Article 5. Procedures for job consultancy and placement prescribed in Article 15 of Decree No. 28/2015/ND-CP

1. Each employee shall insert adequate personal information, the need for job consultancy and placement into the application for job consultancy and placement using the form No. 01 issued herewith and submit them to the employment service center affiliated to the Service of Labor, War Invalids and Social Affairs of the central-affiliated city or province (hereinafter referred to as the employment service center).

2. Each employment service center shall receive applications for job consultancy and placement and help employees to have suitable jobs according to the employees’ need and ability, and the employers’ demand.

3. The employment service center shall send a letter of recommendation using the form No. 2 issued herewith to the employee for recruitment.

4. The employment service center must monitor the results of recruitment and promptly support the employees.

Article 6. Refusal of jobs prescribed in Point dd Clause 1 Article 21 of Decree No. 28/2015/ND-CP

Any employee who is receiving unemployment benefit but refusing the job in any of the following cases shall be determined to have no valid reason:

1. The job matches the employee’s qualifications as specified in form No. 01 issued herewith but he/she did not participate in the recruitment.

2. The employee is recommended for a job that he/she used to have by the employment service center but he/she did not participate in the recruitment.

3. The employee participated in recruitment as recommended by the employment service center where he/she is receiving unemployment benefit and received a notice of employment sent by the employer but he/she refuses the job, unless that job differs from the recruitment ads issued by the employer.

Chapter IV

UNEMPLOYMENT BENEFIT

Article 7. Employees refusing unemployment benefit

Within 15 working days from the date on which the claim for unemployment benefit is submitted, if the employee no longer wishes to receive unemployment benefit, he/she must directly submit an application for refusal of unemployment benefit using the form No. 08 issued herewith to the employment service center where the employee submitted the application for unemployment benefit.

The employment service center shall return the claim for unemployment benefit to the employee on the date on which the results are provided according to the note of appointment for results (hereinafter referred to as the appointment date).

Article 8. Unemployment benefit and payout months

1. The monthly unemployment benefit received by employees shall equal:

Monthly unemployment benefit

=

Average salary of 6 consecutive months over which the unemployment insurance premiums are paid before unemployment

x

60%

a) In the last months before unemployment, if there is a period over which the payment for unemployment insurance premiums are paid (hereinafter referred to as payment period) that is interrupted, the 6-month payment period does not need to be continuous.

Example 1: Ms. Nguyen Thi A entered into a 24-month labor contract with E primary school with the monthly salary as follows: VND 2 million from September 1, 2013 to August 31, 2014 and VND 4 million from September 1, 2014 to August 31, 2015. However, from January 1, 2015 to June 30, 2015, Ms. A took maternity leave. Subsequently, due to family circumstances, Ms. A failed to keep performing the labor contract. Therefore, Ms. A submitted a letter of resignation as prescribed in law on labors and the E primary school issued a decision on acceptance for the resignation of Ms. A, which comes into force from the day on which it is signed, on July 1, 2015. Consequently, the salary amount on which the unemployment benefit premiums are paid is the average 6-month salary over the payment period before resignation (July, August, September, October, November, and December of 2014). Her monthly unemployment benefit equals (VND 2 million x 2 months + VND 4 million x 4 months)/6 x 60% = VND 2 million.

Example 2: Mr. Dao Van B had 38 consecutive month’s payment period (from January 1, 2012 to February 28, 2015), the monthly salary on which unemployment insurance is paid over the last 6 months before the labor contract termination (from September 9, 2014 to February, 2015) was VND 8 million. Mr. B was eligible for unemployment benefit for 3 months (hereinafter referred to as payout period, from April 5, 2015 to July 4, 2015). On May 2, 2015, Mr. B concluded a 12-month labor contract with enterprise X (the monthly salary on which unemployment insurance is paid was VND 7 million) and notified the employment service center as prescribed. From May 2, 2015, Mr. B stopped receiving unemployment benefit and 26-month payment period/payment period of 26 months was preserved. On July 28, Mr. B agreed to terminate the labor contract with enterprise X due to his sickness and claimed unemployment benefit for the second time. His payment period of 6 consecutive months comprises: December of 2014 and January, February, May, June and July of 2015. Consequently, his monthly unemployment benefit equals (VND 8 million x 3 months + VND 7 million x 3 months)/6 x 60% = VND 4.5 million.

b) The maximum monthly unemployment benefit to which the employee is eligible does not exceed 5-month base salary applicable to employees receiving salaries as prescribed by the State or does not exceed 5-month regional minimum wage as prescribed in the Labor Code applicable to employees receiving salaries decided by the employers at the time of labor contract termination.

Example 3: On October 1, 2015, Mr. Trinh Xuan C concluded a 12-month labor contract with enterprise F with the monthly salary level of VND 70 million. The enterprise F operates in the region I which applies the monthly regional minimum wage of VND 3.1 million as prescribed by the Government. Therefore, the monthly salary on which the unemployment insurance is paid is: 20 x VND 3.1 million = VND 62 million.

On September 28, 2015, Mr. C agreed to terminate the labor contract with the enterprise F and concluded a 3-month labor contract with enterprise G (from October 1, 2015 to December 31, 2015) with the monthly salary of VND 80 million. The enterprise G has the headquarter operated in the region IV which applies the monthly regional minimum wage of VND 2.15 million as prescribed by the Government. However, Mr. C did not work at the headquarter but work a branch that operates in region III and applies the monthly regional minimum wage of VND 2.4 million as prescribed by the Government. Accordingly, Mr. C bought and paid unemployment insurance premiums at the social security agency where the branch operates according to the monthly salary amount of: 20 x VND 2.4 million = VND 48 million.

When the labor contract with the enterprise G expired, Mr. C applied for unemployment benefit. Therefore, 60% of average salary of 6 consecutive months before the labor contract termination equals (VND 62 million x 3 months + VND 48 million x 3 months)/6 x 60% = VND 33 million. However, Mr. C may not receive the unemployment benefit which exceeds 5-month regional minimum wage as prescribed at the time of labor contract’ termination. Therefore, the monthly unemployment benefit to which Mr. C is eligible is VND 12 million (VND 2.4 x 5 = VND 12 million).

2. The months over which the unemployment benefits are received (hereinafter referred to as payout months) prescribed in Clause 4 Article 21 of Decree No. 28/2015/ND-CP shall be guided as follows:

The payout months shall be expressed as calendar months. Each payout month shall be determined from the first date on which the employee starts receiving unemployment benefit as prescribed in Clause 3 Article 50 of the Law on employment to the previous date of the same date of the next month.

Example 4: Mr. Cao Van D is entitled to receive 3-month unemployment benefit; the payout period of Mr. D is from March 11, 2015 to June 10, 2015. Accordingly, the payout months shall be determined as follows:

The first payout month is from March 11, 2015 to April 10, 2015;

The second payout month is from April 11, 2015 to May 10, 2015;

The third payout month is from May 11, 2015 to June 10, 2015.

3. Procedures and method of paying unemployment benefit as guided by Vietnam Social Security.

Article 9. Reservation of payment period

1. Reservation of payment period shall be determined as follows:

Payment period to be preserved

=

Total payment period

-

Payment period equivalent to the amount of unemployment benefit received

2. The payment period shall be reserved in the following cases:

a) The employee fails to receive the decision on unemployment benefit payout as prescribed in Clauses 3 and 4 Article 18 of Decree No. 28/2015/ND-CP

After the decision on cancellation of unemployment benefit payout is issued by the Director of Service of Labor, War Invalids and Social Affairs, the employment service center shall return the claim for unemployment benefit to the employee. Within 3 months from the appointment date, if the employee fails to receive the social insurance at the employment service center, within 3 working days from the end date of the above period, the employment service center shall transfer his/her social insurance to the social security of province for management.

Example 5: Mr. Tran Van D had a 36-month payment period so that he was entitled to receive 3-month unemployment benefit. The appointment date is March 16, 2015. However, Mr. D did not come to receive the decision on unemployment benefit payout until March 18, 2015 (after 2 working days). Accordingly, within 7 working days from the deadline for unemployment benefit payout as prescribed, the employment service center shall request the Director of the Service of Labor, War Invalids and Social Affairs to cancel the decision on unemployment benefit payout. The payment period to be preserved of Mr. D is 36 months.

b) The employee fails to receive unemployment benefit amount prescribed in Clauses 6 Article 18 of Decree No. 28/2015/ND-CP

The social security agency shall, according to the decision on reservation of payment period, record the reserved payment period into the social insurance book as prescribed by Vietnam Social Security.

Example 6: Mr. Tran Van S had a 36-month payment period so that he was entitled to receive 3-month unemployment benefit. His payout period shall be determined from February 20, 2015 to May 19, 2015. However, until August 19, 2015 (after 3 months from the deadline for unemployment benefit payout), Mr. S still did not receive the unemployment benefit amount of the third payout month. Consequently, the payment period to be reserved of Mr. S is 12 months (equivalent to 1 payout month for which Mr. S failed to receive unemployment benefit)

Example 7: Ms. Le Thi T had a 12-month payment period so that she was entitled to receive 3-month unemployment benefit. Her payout period shall be determined from July 6, 2015 to October 5, 2015. However, until January 5, 2016 (after 3 months from the deadline for unemployment benefit payout), Ms. T still did not receive the unemployment benefit amount of the second and third payout month. Consequently, Ms. T had received 1 month’s unemployment benefit (equivalent to 12-month unemployment insurance payment), so that she has no payment period to be reserved.

Example 8: Ms. Le Thi T had a 29-month payment period so that she was entitled to receive 3-month unemployment benefit. The payout period of Ms. H shall be determined from March 9, 2015 to June 8, 2015. Ms. H received the first payout month and the second payout month had been suspended. In the third payout month, Ms. H went to the employment service center to give the monthly job seeking as prescribed so that she was entitled to receive the third payout month. However, until September 8, 2015 (after 3 months from the deadline for unemployment benefit payout), Ms. T still did not receive the unemployment benefit amount of the third payout month. Accordingly, Ms. T had received 1 month’s unemployment benefit (equivalent to 12-month payment period) and 1 month’s unemployment benefit was suspended (equivalent to 12-month payment period). Consequently, her payment period to be reserved is 5 months.

c) The remaining payment period in which the unemployment benefit is not received (hereinafter referred to as the remaining payment period) shall be reserved as prescribed in Clause 7 Article 18 of Decree No. 28/2015/ND-CP

The social security agency shall, according to the decision on the unemployment benefit payout issued by the Director of Service of Labor, War Invalids and Social Affairs, record the reserved payment period into the social insurance book as prescribed by Vietnam Social Security.

Example 9: On March 24, 2015, Mr. Tran Quang P terminated the labor contract. Mr. P had a 47-month payment period so that he was entitled to receive 3 month’s unemployment benefit (equivalent to 36-month payment period). Accordingly, the payment period to be preserved of Mr. P is 11 months.

After the deadline for unemployment benefit payout, Mr. Point concluded a 3 month’s labor contract with enterprise F (from September 5, 2015 to December 4, 2015) and keep paying unemployment insurance premiums. When the labor contract with the enterprise F expired, Mr. P claimed for unemployment benefit payout for the second time. Therefore, his total remaining payment period was 14 months. If meeting all requirements for unemployment benefit payout, Mr. Point shall receive 3-month unemployment benefit.

Example 10: Mr. Do Van G had a 35-month payment period so that he was entitled to receive 3 month’s unemployment benefit and there is no payment period to be reserved as prescribed in Clause 7 Article 18 of Decree No. 28/2015/ND-CP

d) The unemployment benefit is cut as prescribed in Clauses 5 Article 21 Decree No. 28/2015/ND-CP

The social security agency shall, according to the decision on cutting unemployment benefit, record the reserved payment period into the social insurance book as prescribed by Vietnam Social Security.

Example 11: Mr. Nguyen Van V had a 38-month payment period so that he was entitled to receive 3 month’s unemployment benefit and 2-month payment period was reserved as prescribed in Point c Clause 2 of this Article. His payout period shall be determined from March 2, 2015 to June 1, 2015 (the first payout month is from March 2, 2015 to April 1, 2015; the second payout month is from April 2, 2015 to May 1, 2015; the third payout month is from May 2, 2015 to June 1, 2015). However, on April 25, Mr. V had to do his military service. Accordingly, his unemployment benefit was cut and the last payout month was reserved (equivalent to 12-month payment). Therefore, his total payment period to be equals 12 months + 2 months = 14 months.

Example 12: Mr. Nguyen Van L had a 36-month payment period so that he was entitled to receive 3-month unemployment benefit. His payout period shall be determined from March 10, 2015 to June 9, 2015. On May 12, 2015, Mr. L notified the employment service center of having a job in order for employment service center to cut his unemployment benefit. However, on April 8, he concluded a 12-month labor contract with enterprise P and the contract took effect from the day on which it is signed. Consequently, his unemployment benefit is cut on April 8, 2015.

Example 13: Mr. Do Van X had a 12-month payment period so that he was entitled to receive 3-month unemployment benefit. His payout period shall be determined from March 3, 2015 to June 2, 2015. However, on March 25, 2015 he had a new job. Accordingly, he was entitled to received the first payout month (from March 3, 2015 to April 2, 2015) equivalent to 12-month payment and his payment period to be reserved is 1 month.

3. The payment period of the employee to be reserved as prescribed in Clauses 5, 6 and 7 Article 18 and Clause 5 Article 21 of Decree No. 28/2015/ND-CP shall be the payment period determined from the last payment month before the unemployment benefit is received.

4. The employee has the payment period reserved as prescribed shall follow the procedures for payment period reservation as prescribed by Vietnam Social Security.

Article 10. Notification of job seeking prescribed in Article 52 of the Law on employment

1. While on unemployment benefit payout, the employee shall directly and monthly notify his/her job seeking to the employment service center where he/she currently receives unemployment benefit using the form No. 16 issued herewith, except for regulations in Clauses 2 and 3 of this Article.

2. An employee receiving unemployment benefit is not required to give his/her monthly job seeking in any of following cases:

a) The employee is 60 years of age or older (for male) or 55 years of age or older (for female);

b) The employee suffers from a sickness mentioned in the list of long-term sicknesses certified by the competent medical facility;

c) The employee has maternity leave certified by the competent medical facility. If an employee whose wife dies in childbirth has to raise his child directly, his child’s birth certificate and his wife’s death certificate are required.

d) The employee is taking a vocational course according to a decision of the Director of Service of Labor, War Invalids and Social Affairs which certified by the vocational training facility;

dd) The employee is performing a casual labor contract or an under-3-month labor contract.

Within 3 working days from the date on which the employee faces any of the situations prescribed in Points b, c, d, and dd of this Clause, the employee must send a registered mail or authorize another person to apply for exemption from monthly notification of job seeking using the form No. 17 issued herewith and attach an original copy or a certified true copy of any of the above documents to the employment service center where he/she is receiving unemployment benefit, if the document is received by post, the sending date on the postmark. After the deadline for the aforesaid cases, the employee shall keep sending monthly notification of job seeking as prescribed.

Example 14: Ms. Tran Thi T received a decision on 6 -month unemployment benefit within from March 2, 2015 to September 1, 2015 (the date of monthly notification of job seeking as follows: the first payout month is the appointment date, the second payout month is from April 3 to April 7, the third payout month is from May 4 to May 6, the fourth receipt month is from June 3 to June 5, the fifth receipt month is from July 2 to July 6, the sixth payout months is from August 3 to August 7). Ms. T received a decision on provision for vocation course issued by the Director of Service of Labor, War Invalids and Social Affairs with the duration of 3 months which is from April 15 to July 15, 2015. Accordingly, no later than April 20, 2015 (after 3 working days from the date on which she took the course), she must send the certification of taking vocation course issued by the vocational training facility to the employment service center where she is receiving unemployment benefit. In the third, fourth, and fifth payout months, Ms. T is not required to send the monthly notification of job seeking. However, in the sixth payout month, she must keep sending monthly notification of job seeking as prescribed.

3. The employee receiving unemployment benefit is not required to directly send monthly notification of seeking in any of following cases:

a) The employee suffers from a sickness not mentioned in the list prescribed in Point b Clause 2 of this Article certified by a competent medical facility;

b) The employee meets with an accident certified by the competent police authority or the medical facility;

c) The employee suffers from conflagration, flood, earthquake, tsunami, hostility or epidemic diseases certified by the President of the People’s Committee of commune, ward or town;

d) The employee’s parents, spouse or child dies; the employee or his/her child gets married certified by the People’s Committee of commune, ward or town.

If the employee fails to come to the employment service center, within 3 working days from the deadline for the monthly notification as prescribed, the employee must send registered mail or authorize another person to submit an original copy or a certified true copy of any the above documents to the employment service center where he/she is receiving unemployment benefit, if the document is received by post, the sending date of on the postmark.

4. The date of monthly notification of job seeking (hereinafter referred to as the notification dates) shall be specified in the Appendix on decision on unemployment benefit payout as follows:

a) The notification dates of the first payout month is the date on which the decision on unemployment benefit payout is received according to the note of appointment for providing results;

b) From the second month forwards, the employee must send the monthly notification within 3 working days from the first date of the payout month.

5. If the notification dates falls on the period over which the place of receiving unemployment benefit is changed as prescribed in Article 22 of Decree No. 28/2015/ND-CP the employee is not required to send monthly notification of job seeking to the employment service center.

Example 15: Ms. Nguyen Lan Y received a decision on receipt of 3 -month unemployment benefit. The first payout month is from July 2, 2015 to August 1, 2015; the second payout month is from August 2, 2015 to September 1, 2015; the third payout month is from September 2, 2015 to October 1, 2015). After receiving the first payout month, on July 28, 2015, Ms. Y apply for change in the place of receiving unemployment benefit while her second notification dates fall from August 3 to August 5, 2015. Accordingly, she is not required to send monthly notification to the old or new employment service center without any suspension from unemployment benefit payout.

6. The employee receiving unemployment benefit shall be considered fulfilling his/her obligation to give monthly notifications of job seeking if they are accurate and have sufficient contents and the employee bears responsibility for their declaration.

Chapter V

VOCATIONAL TRAINING SUPPORT

Article 11. Application for vocational training support

Any employee wishing to take vocational course shall directly apply for vocational training support prescribed in Clause 2 Article 25 of Decree No. 28/2015/ND-CP shall be guided as follows:

1. The employee receiving unemployment benefit shall apply for vocational training support at the employment service center where the unemployment benefit is provided.

Example 16: Ms. Mai Thi K is receiving unemployment benefit in Hai Duong province. During the payout period, she wishes to take vocational courses. Accordingly, she must send an application for vocational training support to the employment service center of Hai Duong province for consideration. The Director of Service of Labor, War Invalids and Social Affairs of Hai Duong province shall consider deciding the vocational training support for her.

2. If an employee who has a payment period of at least 9 months but does not receive any unemployment benefit wishes to take a vocational course, she/he shall send an application for vocational training support together with a claim for unemployment benefit at the employment service center where the employee wishes to take the vocational course.

Example 17: Mr. Nguyen Van M works in Binh Duong province and has a payment period of consecutive 11 months. After terminating the labor contract, if he wishes to take vocational course in Ho Chi Minh City, he shall send an application for vocational training support together with a claim for unemployment benefit to the employment service center of Ho Chi Minh City.

Article 12. Vocational training support

1. The employment service center shall consider applications for vocational training support submitted by employees to determine their jobs, vocational training duration, starting time, vocational training support levels, vocational training facilities, and then it shall send them to the Director of Service of Labour, War Invalids and Social Affairs for decision. The starting time of vocational course of employee shall be the date on which the decision on vocational training support is issued provided that it does not exceed 3 months from the deadline for unemployment benefit payout mentioned in the decision on unemployment benefit payout issued by the Director of Service of Labor, War Invalids and Social Affairs.

2. Within 2 working days from the appointment date, if the employee does not come to receive the decision on vocational training support, he/she is considered to have no need for vocational training support excluding the case prescribed in Clause 3 of this Article. Within 7 working days, from the deadline for receiving the decision as prescribed, the employment service center shall request the Director of the Service of Labor, War Invalids and Social Affairs to cancel the decision on vocational training support.

The decision on cancellation of vocational training support shall be sent by the employment service center as follows: 1 copy to the social security of province to not pay the support amount to vocational training facility; 1 copy to the vocational training facility to not provide vocational course for the employee; and 1 copy to the employee. The decision on the cancellation the decision on vocational training support shall use the form No. 20 issued herewith.

3. Within 2 working days, from the deadline for receiving the decision on vocational training support, the employee may still receive or authorize another person to receive the decision on vocational training support in any of the following cases:

a) The employee suffers from a sickness or has maternity certified by a competent medical facility;

b) The employee meets with an accident certified by the competent police authority or the medical facility;

c) The employee suffers from conflagration, flood, earthquake, tsunami, hostility or epidemic diseases certified by the President of the People’s Committee of commune, ward or town;

4. Within 3 months from the appointment date, if the employee fails to receive the social insurance book at the employment service center, the employment service center shall transfer the social insurance book of the employee to the social security agency of province for management.

5. Every month, each vocational training facility shall make a list of employees participating vocational course with their signatures and transfer it to social security agency to settlement of budget for vocational training support and their actual learning time.

6. Procedures and method of paying vocational training support shall implement as prescribed by Vietnam Social Security.

Chapter VI

FINANCIAL SUPPORT FOR TRAINING COURSES, REFRESHER COURSES FOR IMPROVEMENT OF OCCUPATIONAL SKILLS FOR JOB MAINTENANCE FOR EMPLOYEES

Article 13. Written request for financial support for training courses in occupational skills

A written request for financial support for training courses and refresher courses for improvement of occupational skills for job maintenance for employees (hereinafter referred to as training courses in occupational skills) shall contain the following contents:

1. General information: name; address; date of incorporation; business lines or fields, representatives.

2. The business condition.

3. Quantity of employees in the entity, number of employees facing risk of reduction at the time of requesting for support (excluding employees having under-3 months’ labor contracts), number of employers request for support.

4. Causes of changes in business structure or technology.

5. Total budget for training courses in occupational skills for employees (enclosed with a detailed estimate, including expenditures on implementation of plans for training in occupation skills for employees).

6. Commitments of the organizations providing training courses in occupational skills and use employees according to the approved plan.

Article 14. Plan for training courses in occupational skills

Each plan for training courses in occupational skills shall include:

1. General information: name; address; date of incorporation; business lines or fields, representatives.

2. The list of employees participating in training courses in occupational skills and training disciplines, duration and places of each employee.

3. The training institution (affiliated to the entity or an educational association, if it is affiliated to an educational association, the training institution must attach the agreement on educational association and register the vocational training as prescribed in law on vocational training).

4. Form of training organization and expected opening and closing time course.

5. The plan for job maintenance for employees after improvement of occupational skills includes the following contents:

a) Number of employees who keep working or change positions appropriate to the plan for changes in business technology;

b) Commitment of employers to employ employees suitable for the plan. If the employee is not offered a job, the employer must refund all supportive funding for training courses, refresher courses for improvement of occupational skills.

6. Estimated operating budget.

Article 15. The financial support amount for improvement of occupational skills prescribed in Clause 1 Article 4 of Decree No. 28/2015/ND-CP

1. If the course is provided by a vocational training facility, the specific support level shall be paid monthly according to actual learning time, tuition fees of every discipline or course as prescribed by vocational training facility provided that it does not exceed the level prescribed in Clause 1 Article 4 of Decree No. 28/2015/ND-CP.

2. If the course is provided by the employer, the specific support level shall be paid monthly according to actual learning time of every discipline or course provided that it does not exceed the level prescribed in Clause 1 Article 4 of Decree No. 28/2015/ND-CP.

3. If the period of the vocational course is not in full months, the period of shorter than 15 days shall be rounded up to ½ month and the period of 15 days and longer shall be rounded up to 1 month to determine the financial support amount.

Example 18: Enterprise N is paid financial support to provide a training course in electronics assembly for 100 employees. The training course starts on March 5, 2015 and finishes on May 15, 2015 with financial support of VND 600,000/month/employee (in which: the first month is from March 5, 2015 to April 4, 2015 and the second month is from April 5, 2015 to May 4, 2015). Accordingly, this course has a period which is not in full month from May 5, 2015 to May 15, 2015. This period of shorter than 15 days shall be rounded up to ½ month. Consequently, the period over which the enterprise N receives financial support is 2.5 month with the total support amount is: VND 600,000 x 100 employees x 2.5 months = VND 150,000,000

Chapter VII

IMPLEMENTATION

Article 16. Notification of changes in employees

1. Each employer shall send a notification of number of working employees until October 1, 2015 to the employment service center where its headquarters is located using the form No. 28 issued herewith within 30 days, from the above date.

With respect to entities established after October 1, 2015, it must send a notification of number of working employees to the employment service center where its headquarters is located using the form No. 28 issued herewith within 30 days from its date of incorporation.

2. Before every 3rd of a month, the employer shall send a notification of changes in working employees (if any, of the previous solar month) to the employment service center where its headquarters is located using the form No. 29 issued herewith.

3. If an employer decreases at last 50 employees, it must promptly notify the employment service center where its headquarters is located for consultancy and support.

Article 17. Periodic reports on unemployment insurance policy

1. Periodic reports of Services of Labor, War Invalids and Social Affairs prescribed in Clause 3 Article 38 Decree No. 28/2015/ND-CP

Before every July 31 or January 31, each Service of Labor, War Invalids and Social Affairs shall send a report on implementation of unemployment insurance policy in the province to the Department of employment (the Ministry of Labor, War Invalids and Social Affairs) and the People's Committee of province using the form No. 30 issued herewith.

2. Periodic reports of the employment service center prescribed in Clause 5 Article 34 of Decree No. 28/2015/ND-CP

a) Before every 3rd of a month, each employment service center shall send a report on implementation of unemployment insurance policy in the province to the Department of employment (the Ministry of Labor, War Invalids and Social Affairs) and the People's Committee of province using the form No. 31 issued herewith;

b) Before every July 15 or January 15, each employment service center shall send a report on implementation of unemployment insurance policy in the province to the Service of Labor, War Invalids and Social Affairs and the Department of employment (the Ministry of Labor, War Invalids and Social Affairs) and the People's Committee of province using the form No. 32 issued herewith.

Article 18. Withdrawal of unemployment benefit, vocational training support and budget for training courses

1. If a legal violation is detected or the policy on unemployment insurance is implemented not in accordance with regulations of law, the agency that issued the decision on unemployment insurance receipt must issue a decision on withdrawal of improper benefit/support/funding.

2. Relevant agencies, organizations, and individuals shall implement the decision on withdrawal as prescribed in Clause 1 of this Article.

3. The withdrawn money prescribed in Clause 2 of this Article shall be transferred to the Unemployment insurance fund as prescribed by Vietnam Social Security.

Article 19. Forms

1. Application for job consultancy and placement using the form No. 01.

2. Letter of recommendation using the form No. 02.

3. Claim for unemployment benefit using the form No. 03.

4. Note of appointment for providing results of employment service center given to claim for unemployment benefit or application for vocational training support submitted by employees using the form No. 04.

5. Decision on the unemployment benefit payout issued by the Director of Service of Labor, War Invalids and Social Affairs using the form No. 05.

6. Decision on suspension from the unemployment benefit payout issued by the Director of Service of Labor, War Invalids and Social Affairs using the form No. 06.

7. Decision on resume of unemployment benefit payout issued by the Director of Service of Labor, War Invalids and Social Affairs using the form No. 07.

8. Application for refusal of unemployment benefit using the form No. 08.

9. Decision on cancellation of decision on unemployment benefit payout issued by the Director of Service of Labor, War Invalids and Social Affairs using the form No. 09.

10. Application for change in place of receiving unemployment benefit using the form No. 10.

11. Letter of introduction issued by employment service center where the employee is receiving unemployment benefit for change in place of receiving unemployment benefit using the form No. 11.

12. Notification of cutting of unemployment benefit sent by the employment service center where the employee leaves to the social security of province using the form No. 12.

13. Notification of resuming of unemployment benefit payout sent by the employment service center where the employee arrives to the social security of province using the form No. 13.

14. Notification of failure to receive unemployment benefit of employee sent by the social security of province to the employment service center using the form No. 14.

15. Decision on reservation of payment period issued by the Director of Service of Labor, War Invalids and Social Affairs upon the failure to receive unemployment benefit by employee using the form No. 15.

16. Monthly notification of job seeking sent by employee during the payout period using the form No. 16.

17. Request for exemption from monthly notification of job seeking using form No. 17.

18. Application for vocational training support using the form No. 18.

19. Decision on vocational training support issued by the Director of Service of Labor, War Invalids and Social Affairs using the form No. 19.

20. Decision on cancellation of decision on vocational training support issued by the Director of Service of Labor, War Invalids and Social Affairs using the form No. 20.

21. Certification of provision of unemployment benefit and vocational training support issued by employment service center using the form No. 21.

22. Notification of ineligibility for unemployment benefit payout and vocational training support issued by employment service center using the form No. 22.

23. Notification of cutting unemployment benefit sent by employee to employment service center using the form No. 23.

24. Decision on cutting unemployment benefit payout issued by the Director of Service of Labor, War Invalids and Social Affairs using the form No. 24.

25. Transfer note of social insurance book using the form No. 25.

26. Decision on approval for plan for training courses, refresher courses for improvement of occupational skills for job maintenance for employees issued by the Director of Service of Labor, War Invalids and Social Affairs using the form No. 26.

27. Decision on training courses, refresher courses for improvement of occupational skills for job maintenance for employees issued by the President of the People’s Committee of province using the form No. 27.

28. The initial notification of number of working employees using the form No. 28.

29. Notification of changes in employees sent by employer using the form No. 29.

30. Service of Labor, War Invalids and Social Affairs shall send a report on implementation of unemployment insurance in the first 6 months and in the year to the People’s Committee of the province and the Ministry of Labor, War Invalids and Social Affairs using the form No. 30.

31. The employment service center shall send a report on implementation of unemployment insurance in the month Service of Labor, War Invalids and Social Affairs and the Department of employment (the Ministry of Labor, War Invalids and Social Affairs) using the form No. 31.

32. The employment service center shall send a report on implementation of unemployment insurance in the first 6 months and in the year to Service of Labor, War Invalids and Social Affairs and the Department of employment (the Ministry of Labor, War Invalids and Social Affairs) using the form No. 32.

33. Each employer shall send a report on annual purchase of unemployment insurance to the Service of Labor, War Invalids and Social Affairs using the form No. 33.

34. The decision on withdrawal of unemployment benefit using the form No. 34.

35. The decision on withdrawal of vocational training support using the form No. 35.

36. The decision on withdrawal of financial support using the form No. 36.

Chapter VIII

IMPLEMENTATION

Article 20. Implementation

1. This Circular comes into force from September 15, 2015. The policies of this Circular shall apply from January 1, 2015.

2. The following Circulars shall be annulled from the effective date of this Circular:

a) Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010 of the Ministry of Labor, War Invalids and Social Affairs on guidelines for Decree No. 127/2008/ND-CP dated December 12, 2008 of the Government on guidelines for the Law on Social insurance in terms of unemployment insurance;

b) Circular No. 04/2013/TT-BLDTBXH dated March 1, 2013 of the Ministry of Labor, War Invalids and Social Affairs on amendments to Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010.

3. With regard to periods expressed in solar calendar in this Circular, if the last date of the period falls on a holiday or a weekly day off, it shall be changed into the succeeding working day after the holiday or the weekly day off.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Labor, War Invalids and Social Affairs for consideration./.

 

 

 

PP. MINISTER
DEPUTY MINISTER




Doan Mau Diep

 

 


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Số hiệu28/2015/TT-BLDTBXH
Cơ quan ban hành
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Ngày ban hành31/07/2015
Ngày hiệu lực15/09/2015
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      Circular No. 28/2015/TT-BLDTBXH guidelines for the Law on employment in terms of unemployment insurance
      Loại văn bảnThông tư
      Số hiệu28/2015/TT-BLDTBXH
      Cơ quan ban hànhBộ Lao động - Thương binh và Xã hội
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      Ngày ban hành31/07/2015
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      Lĩnh vựcLao động - Tiền lương, Bảo hiểm
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