Công văn 3535/LDTBXH-VL

To: Vietnam Social Security

Responding to Official Dispatch No. 3138/BHXH-CSXH dated October 6, 2021 of Vietnam Social Security regarding the issue therein, Ministry of Labor – War Invalids and Social Affairs remarks as follows:

According to Article 43 of Law on Employment, workers are identified to be mandatory participants of unemployment insurance when signing any of the following contracts:  indefinite-term working contract or labor contract; term working contract or employment contract; seasonal employment contract or work-based employment contract ranging from 3 months to under 12 months.

According to Clause 2 Article 11 of Decree No. 28/2015/ND-CP dated March 12, 2015 of the Government, in case workers take maternity leave or sick leave for 14 working days or more without receiving monthly salaries but still receive social insurance, workers suspend employment contracts or working contracts signed as per the law, workers are not considered participants of unemployment insurance during said leave period.

According to Clause 1 Article 1 of Decision No. 28/2021/QD-TTg dated October 1, 2021 of the Prime Minister on implementation of financing policies for workers and employers affected by COVID-19 from unemployment fund, financing beneficiaries shall be workers participating in unemployment insurance by September 30, 2021 (workers who are named under list of current participants of unemployment insurance of social insurance authority).  On the other hand, this detail has been mentioned under Appraisal Report No. 139/BCTD-BTP dated September 28, 2021 of Ministry of Legal Affairs and presented by Ministry of Labor – War Invalids and Social Affairs under Report No. 138/BC-LDXHXH dated September 30, 2021 together with Presentation No. 84/TTr-LDTBXH dated September 30, 2021 sent to Prime Minister for issuance of Decision No. 28/2021/QD-TTg.

Thus, workers participating in unemployment insurance on the basis of employment contracts/working contracts signed with employers. By September 30, 2021, workers who have not terminated employment contracts/working contracts and have their name mentioned under lists of participants of unemployment insurance of social insurance authority are considered to be participating in unemployment insurance and shall receive financing based on period in which the workers have contributed to unemployment insurance without receiving unemployment benefits (including cases of suspending employment contracts or working contracts, taking non-paid leave, ceasing to work, taking maternity leave, etc. from January 1, 2020 to September 30, 2021 as well as before January 1, 2020).

For your implementation./.