DECISION

ANNOUNCING AMENDED EMPLOYMENT-RELATED ADMINISTRATIVE PROCEDURES UNDER STATE MANAGEMENT OF THE MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM

THE MINISTER OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM

Pursuant to the Government’s Decree No. 62/2022/ND-CP dated September 12, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Labour, War Invalids and Social Affairs of Vietnam;

Pursuant to the Government’s Decree No. 63/2010/ND-CP dated June 08, 2010 on control of administrative procedures; the Government’s Decree No. 48/2013/ND-CP dated May 14, 2013 on amendments to Decrees on control of administrative procedures; the Government’s Decree No. 92/2017/ND-CP dated August 07, 2017 on amendments to Decrees on control of administrative procedures;

At the request of the Director of the Department of Employment,

HEREBY DECIDES:

Article 1. Amended employment-related administrative procedures under the state management of the Ministry of Labour, War Invalids and Social Affairs of Vietnam are enclosed herewith.

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Article 3.Chief of the Ministry Office, Director of the Department of Employment, and heads of relevant units are responsible for implementation of this Decision ./.

PP. MINISTER
DEPUTY MINISTER



Le Van Thanh

AMENDED EMPLOYMENT-RELATED ADMINISTRATIVE PROCEDURES UNDER STATE MANAGEMENT OF THE MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM

(Enclosed with the Decision No. 351/QD-BLDTBXH dated March 29, 2024 of the Minister of Labour, War Invalids and Social Affairs of Vietnam)

LIST OF PROVINCIAL-LEVEL ADMINISTRATIVE PROCEDURES

No.

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Name of administrative procedure

Legal grounds

In-charge authorities

Notes

1

2.000888

Participation in unemployment insurance

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Social insurance agencies

2

1.001978

Processing of application for unemployment benefit

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Provincial Departments of Labour, War Invalids and Social Affairs; Employment service centers

3

1.001973

Suspension of unemployment benefit

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Provincial Departments of Labour, War Invalids and Social Affairs; Employment service centers

4

1.001966

Continued enjoyment of unemployment benefit

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Provincial Departments of Labour, War Invalids and Social Affairs; Employment service centers

5

2.001953

Termination of unemployment benefit

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Provincial Departments of Labour, War Invalids and Social Affairs; Employment service centers

6

2.000178

Outbound transfer of unemployment benefit recipient

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Provincial Departments of Labour, War Invalids and Social Affairs; Employment service centers

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1.000401

Inbound transfer of unemployment benefit recipients

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Provincial Departments of Labour, War Invalids and Social Affairs; Employment service centers

8

2.000839

Vocational training support

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Provincial Departments of Labour, War Invalids and Social Affairs; Employment service centers

9

2.000148

Job consultancy and placement

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Provincial Departments of Labour, War Invalids and Social Affairs; Employment service centers

10

1.000362

Monthly notification of job seeking status

- Employment Law 2013;

- Decree No. 28/2015/ND-CP dated March 12, 2015;

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- Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015;

- Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023

Provincial Departments of Labour, War Invalids and Social Affairs; Employment service centers

II. DETAILED CONTENTS OF EACH OF AMENDED EMPLOYMENT-RELATED ADMINISTRATIVE PROCEDURES UNDER STATE MANAGEMENT OF THE MINISTRY OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS OF VIETNAM

1. “Participation in unemployment insurance” procedure

a) Implementation steps:

- Step 1: Within 30 days from the effective date of an employment contract or public employee contract, the employer shall prepare and send required documents for participation in unemployment insurance for their employee to the relevant social insurance agency.

- Step 2: Every month, the employer shall make payment of unemployment insurance premiums, equaling 1% of its funding used for paying monthly salaries to employees participating in the unemployment insurance and 1% deducted from the monthly salary of each of such employees, to the unemployment insurance fund.

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c) Required documents: As required by Vietnam Social Security.

d) Quantity of documents: As required by Vietnam Social Security.

dd) Processing time limit: As prescribed by Vietnam Social Security.

e) Entities following this administrative procedure: Employers.

g) Agencies in charge of processing this administrative procedure: Social insurance agencies.

h) Administrative procedure processing result: Employees participate in unemployment insurance and pay unemployment insurance premiums.

i) Charges payable: None.

k) Names of application/declaration forms: As prescribed by Vietnam Social Security.

l)  Requirements for this administrative procedure: Employers purchasing unemployment insurance for their employees include regulatory authorities, public service providers, people’s armed forces; political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations; foreign authorities/organizations and international organizations operating within the territory of Vietnam; enterprises, cooperatives, family households, household businesses, artels, other organizations and individuals that hire and use workers under public employee contracts or employment contracts as defined in clause 1 Article 43 of the Employment Law.

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- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Government’s Decree No. 61/2020/ND-CP dated May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

*Note: Legal grounds for this procedure are amended.

2. “Processing of application for unemployment benefit” procedure

a) Implementation steps:

- Step 1: Within 03 months from the day on which his/her employment contract or public employee contract is terminated, the unemployed employee that wishes to receive unemployment benefit shall submit an application for unemployment benefit to the employment service center of the locality where he/she wishes to receive unemployment benefit.

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+ he/she is suffering from sickness or has pregnancy as certified by a competent health facility;

+ he/she meets with an accident as certified by the traffic police or a competent health facility;

+ conflagration, flood, earthquake, tsunami, conflict or epidemic occurs with a certification of the Chairperson of the People’s Committee of commune, ward or commune-level town.

The date of submission of the application for unemployment benefit in the abovementioned cases is the day on which the authorized person directly submits the application or the date written on the postal stamp in case the application is submitted by post.

Within 15 working days from the date of submission of the application for unemployment benefit, if the employee no longer wants to receive unemployment benefit, he/she shall directly, or authorize another person to, submit a request for refusal to receive unemployment benefit which is made using Form 08 enclosed with the Circular No. 15/2023/TT-BLDTBXH to the employment service center to which his/her application for unemployment benefit has been submitted.

- Step 2: The employment service center shall receive and examine the application, make a note of appointment to receive application processing result using Form No. 01 enclosed with the Decree No. 61/2020/ND-CP, and give it to the applicant; if the application is inadequate, return it to the applicant and give reasons for such return.

- Step 3: Within 20 working days from its receipt of an adequate application, the employment service center shall consider petitioning the Director of the relevant provincial Department of Labour, War Invalids and Social Affairs to issue a decision to provide unemployment benefit to the employee using Form No. 05 enclosed with the Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labour, War Invalids and Social Affairs of Vietnam (hereinafter referred to as “Circular No. 15/2023/TT-BLDTBXH”); if an application is refused, a written response shall be given to the employee.

- Step 4: Within 03 working days from the date written on the note of appointment to receive application processing result, the employee must come to receive the decision to provide unemployment benefit.

If the employee fails to receive the decision to provide unemployment benefit directly or fails to authorize another person to do so and also fails to provide the employment service center with reasons for such failure, he/she shall be deemed not to have demand for receiving unemployment benefit. Within 02 days after the deadline for receiving the decision to provide unemployment benefit as written on the note of appointment, the employment service center shall petition the Director of the relevant provincial Department of Labour, War Invalids and Social Affairs to issue a decision to invalidate the decision on enjoyment of unemployment benefit using Form No. 02 enclosed with the Decree No. 61/2020/ND-CP. Decision to invalidate the decision on enjoyment of unemployment benefit which is sent by the employment service center shall include 01 copy sent to the provincial-level social insurance agency for preventing them from paying unemployment benefit to the employee, and 01 copy sent to the employee.

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b) Implementation method: directly.

c) Required documents:

1. An application for unemployment benefit which is made using Form No. 03 enclosed with the Circular No. 15/2023/TT-BLDTBXH. If an employee does not want to receive unemployment benefit, he/she shall submit a written request for refusal to receive unemployment benefit using Form No. 08 enclosed with the Circular No. 15/2023/TT-BLDTBXH.

2. The original or certified true copy or a copy accompanied with its original for verification purpose of any of the following documents certifying the termination of the employment contract or public employee contract:

- The employment contract or public employee contract that has expired or under which all contractual obligations have been discharged;

- Decision to approve resignation;

- Dismissal decision;

- Decision on imposition of disciplinary sanction in the form of dismissal;

- Notice of or agreement on termination of employment contract or public employee contract;

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- A competent authority’s certification that the enterprise or cooperative is dissolved, goes bankrupt or decides to dismiss him/her, relieve him/her from duty or discharge him/her from the designated post in case the employee holds the post as a manager of that enterprise or cooperative;

- In case the employee does not have the documents certifying the termination of the employment contract because the employer has no legal representative and the person authorized by the legal representative, the following steps must be taken:

If the employee working for the employer that does not have legal representative and the person authorized by the legal representative wishes to terminate his/her employment contract for enjoying unemployment insurances, he/she must request the provincial Department of Labour, War Invalids and Social Affairs or provincial social insurance agency to follow procedures for certifying the termination of employment contract or public employee contract.

The provincial Department of Labour, War Invalids and Social Affairs or provincial social insurance agency sends a written request to the provincial Department of Planning and Investment to certify that the employer does not have a legal representative or person authorized by the legal representative.

The provincial Department of Planning and Investment is responsible for cooperating with the tax authority, police, and local government at the place where the employer’s head office is located to verify the fact that the employer has no legal representative or no person authorized by the legal representative.

The provincial Department of Planning and Investment sends a written response to the provincial Department of Labour, War Invalids and Social Affairs or provincial social insurance agency with regard to the fact that the employer does not have the legal representative or the person authorized by the legal representative within 10 working days of receipt of the written request for certification from the provincial Department of Labour, War Invalids and Social Affairs or provincial social insurance agency.

- The document certifying the termination of the seasonal or piecework employment contract with the term ranging from 03 months to less than 12 months which must be the original copy or certified true copy or the copy accompanied with its original for verification of such contract in case the employee participates in the unemployment insurance when working under a seasonal or piecework employment contract with the term ranging from 03 months to less than 12 months.

3. Social insurance book.

d) Quantity of documents: 01 set of required documents.

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- If the application is satisfactory: within 20 working days from the receipt of the application;

- If the employee fails to receive application processing result within 03 days according to the note of appointment to receive application processing result: the employment service center shall petition issuance of decision to invalidate the decision on enjoyment of unemployment benefit within 02 working days after the deadline for receiving application processing result.

- If the employee neither receives unemployment benefit nor gives a written notice to the social insurance agency after 03 months from the expiry date of the period during which the employee is entitled to receive unemployment benefit as specified in the decision to provide unemployment benefit, within 07 working days after the abovementioned time limit, the social insurance agency must send a written notice of the employee's failure to receive unemployment benefit to the employment service center; within 10 working days from its receipt of the notice from the social insurance agency, the employment service center shall consider submitting a decision to reserve payment period of unemployment insurance premiums for the employee to the competent person for signing.

e) Entities following this administrative procedure: Unemployed employees who wish to receive unemployment benefit.

g) Agencies in charge of processing this administrative procedure:

- Authority competent to issue decision: Directors of provincial Departments of Labour, War Invalids and Social Affairs.

- Agencies in charge of processing this administrative procedure: Employment service centers affiliated to provincial Departments of Labour, War Invalids and Social Affairs, and provincial social insurance agencies.

h) Administrative procedure processing result: Decision to provide unemployment benefit/ Decision to invalidate decision to provide unemployment benefit/ Decision to reserve payment period of unemployment insurance premiums.

i) Charges payable: None.

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- Application for unemployment benefit (Form No. 03 enclosed with the Circular No. 15/2023/TT-BLDTBXH).

- Request for refusal to receive unemployment benefit (Form No. 08 enclosed with the Circular No. 15/2023/TT-BLDTBXH).

l)  Requirements for this administrative procedure:

- Employees are paying unemployment insurance premiums when working under the following employment contracts or public employee contracts:

+ Indefinite-term employment contract or public employee contract;

+ Definite-term employment contract or public employee contract;

+ Seasonal or piecework employment contract with the term ranging from 03 months to less than 12 months.

In case an employee is performing multiple employment contracts as prescribed above, the employee and the employer of the first employment contract shall assume responsibility to pay unemployment insurance premiums for the employee.

- The employment contract or public employee contract is terminated, except the following cases:

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+ The employee is receiving monthly pension or disability benefits.

- The employee has fully paid unemployment insurance premiums for a period of at least 12 months within 24 months before his/her employment contract or public employee contract is terminated in the case prescribed in point a or b clause 1 Article 43 of the Employment Law; or has fully paid unemployment insurance premiums for a period of at least 12 months within 36 months before his/her employment contract is terminated in the case prescribed in point c clause 1 Article 43 of the Employment Law.

m) Legal grounds for this administrative procedure:

- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Government’s Decree No. 61/2020/ND-CP dated May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

*Note: Implementation steps; required documents; names of application/declaration forms; and legal grounds of this administrative procedure are amended.

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Form No. 03: Enclosed with the Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labour, War Invalids and Social Affairs of Vietnam

THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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APPLICATION FOR UNEMPLOYMENT BENEFIT

To: The employment service center of……………………….

I am: ......................................................................................... Date of birth:…../…/….

Personal identification number/ID card number: ............... issued on………………..
Issuing authority: ...........................................................................................................................

Number of social insurance book: ....................................................................................................................

Telephone number: …………………………………Email (if any) .................................

ATM account number (if any) ……………… opened at the bank: ................................................

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Training vocation or major: ........................................................................................................

Current residence (if different from the registered place of permanent residence) (1): ......................................

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On …/…/…., I have terminate the employment contract/ public employee contract signed with (name of employer)…………………………………………… at (address): ……………………………

Reason for termination of employment contract/ public employee contract: ................................................

.........................................................................................................................................

Type of employment contract/ public employee contract: ...................................................................

Payment period of unemployment insurance premiums:……………….. months.

Requested payer of unemployment benefit (district-level social insurance agency or by ATM card): .............

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This application is accompanied with (2)……………………………………………….. and my social insurance book. I hereby kindly request your employment service center to consider processing my application for unemployment benefit in accordance with regulations of law.

I undertake that all the information provided herein is accurate and I shall assume legal responsibility for any false information.

…… [place & date]
Applicant
(signature and full name)

Notes:

 (1) Specify the house number, street, group, hamlet, mountain village.

 (2) The original or certified true copy or a copy accompanied with its original for verification purpose of any of the documents certifying the termination of the employment contract or public employee contract as prescribed in clause 6 Article 1 of the Government’s Decree No. 61/2020/ND-CP dated May 29, 2020

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THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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REQUEST FOR REFUSAL TO RECEIVE UNEMPLOYMENT BENEFIT

To: The employment service center of……………………….

I am: ..................................................................................... Date of birth: ....../...../.....

Personal identification number/ID card number: ……………..Issued on………………………..
Issuing authority:…………….

Number of social insurance book:…………………………………………………………………….

Current residence (if different from the registered place of permanent residence): ...........................................

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I have submitted an application for unemployment benefit on………………. but now, I have no need for unemployment benefit because:

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I sincerely thank you for your consideration./.

……… [place & date]
Applicant
(signature and full name)

3. “Suspension of unemployment benefit” procedure

a) Implementation steps:

- Step 1: Within 02 working days after the deadline by which an employee must come to monthly inform his/her job seeking, if the employee does not come to do so, the employment service center that is paying unemployment benefit to the employee shall petition the Director of the provincial Department of Labour, War Invalids and Social Affairs to issue a decision to suspend the provision of unemployment benefit to the employee.

- Step 2: The Director of the provincial Department of Labour, War Invalids and Social Affairs shall issue a decision on suspension of unemployment benefit using Form No. 06 enclosed with the Circular No. 15/2023/TT-BLDTBXH.

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b) Implementation method: directly.

c) Required documents:

Documents proving that the employee who is enjoying unemployment benefit does not come to inform his/her job seeking as prescribed.

d) Quantity of documents: 01 set of required documents.

dd) Processing time limit: Within 02 working days after the employee does not come to monthly inform his/her job seeking as prescribed.

e) Entities following this administrative procedure: Employees who are enjoying unemployment benefit.

g) Agencies in charge of processing this administrative procedure:

- Authority competent to issue decision: Directors of provincial Departments of Labour, War Invalids and Social Affairs.

- Agencies in charge of processing this administrative procedure: Employment service centers affiliated to provincial Departments of Labour, War Invalids and Social Affairs.

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i) Charges payable: Not applicable.

k) Names of application/declaration forms: Not applicable.

l)  Requirements for this administrative procedure: Employees who are enjoying unemployment benefit do not come to monthly inform his/her job seeking as prescribed.

m) Legal grounds for this administrative procedure:

- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Government’s Decree No. 61/2020/ND-CP dated May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

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4. “Continued enjoyment of unemployment benefit” procedure

a) Implementation steps:

- Step 1: Within 02 working days after the employee who is subject to a decision on suspension of unemployment benefit continues sending monthly notice of his/her job seeking status as prescribed, if his/her unemployment benefit enjoyment period defined in the decision issued by the Director of the provincial Department of Labour, War Invalids and Social Affairs has not yet expired, the employment service center shall petition the Director of the provincial Department of Labour, War Invalids and Social Affairs to issue a decision on continued enjoyment of unemployment benefit to the employee.

- Step 2: The Director of the provincial Department of Labour, War Invalids and Social Affairs shall issue a decision on continued enjoyment of unemployment benefit using Form No. 07 enclosed with the Circular No. 15/2023/TT-BLDTBXH.

- Step 3: Decision on continued enjoyment of unemployment benefit which is sent by the employment service center shall include 01 copy sent to the provincial-level social insurance agency for continuing payment of unemployment benefit to the employee, and 01 copy sent to the employee for implementation.

b) Implementation method: The employee must directly come to inform the employment service center of his/her job seeking status.

c) Required documents:

Notice of job seeking status which is made using Form No. 16 enclosed with the Circular No. 15/2023/TT-BLDTBXH

d) Quantity of documents: 01 set of required documents.

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e) Entities following this administrative procedure: Employees who are enjoying unemployment benefit but are subject to decision on suspension of unemployment benefit shall follow this procedure provided that their unemployment benefit enjoyment period defined in the decision issued by the Director of the provincial Department of Labour, War Invalids and Social Affairs has not yet expired.

g) Agencies in charge of processing this administrative procedure:

- Authority competent to issue decision: Directors of provincial Departments of Labour, War Invalids and Social Affairs.

- Agencies in charge of processing this administrative procedure: Employment service centers affiliated to provincial Departments of Labour, War Invalids and Social Affairs.

h) Administrative procedure processing result: Decision on continued enjoyment of unemployment benefit.

i) Charges payable: Not applicable.

k) Names of application/declaration forms: Notice of job seeking status (Form No. 16 enclosed with the Circular No. 15/2023/TT-BLDTBXH)

l)  Requirements for this administrative procedure:

The employee who is subject to a decision on suspension of unemployment benefit continues sending monthly notice of his/her job seeking status as prescribed, provided that his/her unemployment benefit enjoyment period defined in the decision issued by the Director of the provincial Department of Labour, War Invalids and Social Affairs has not yet expired.

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- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Government’s Decree No. 61/2020/ND-CP dated May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

*Note: Administrative procedure processing result, names of application/declaration forms, and legal grounds of this administrative procedure are amended.

Form No. 16: Enclosed with the Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labour, War Invalids and Social Affairs of Vietnam

THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------

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To: The employment service center of……………………….

I am: ............................................................   Date of birth: ....../...../.....

Personal identification number/ID card number: ………………………………….. issued on……………….. Issuing authority: ………….

Current residence (if different from the registered place of permanent residence): ..........................................

.........................................................................................................................................

Telephone number: ..................................................................................................................

Pursuant to the Decision No……………….. dated………………………, I am entitled to unemployment benefit for the period of…… months, commencing from………………… to……………………… in…………. (province/city)

I hereby inform my job seeking results as follows:

 (1) First unit (name and address of the unit, contact person, job position, and interview result)

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 (2) Second unit (name and address of the unit, contact person, job position, and interview result)

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 (...) Name of the… unit (...): (name and address of the unit, contact person, job position, and interview result)

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Current employment status:

□ Unemployed

□ I have got a job but have not yet signed any employment contract/public employee contract (specify name and address of working place, and job's name)

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.........................................................................................................................................

Other status (sickness, pregnancy, etc.) ...........................................................................

I undertake that all the information provided herein is accurate and I shall assume legal responsibility for any false information./.

….. [location & date]
Made by
(signature and full name)

5. “Termination of unemployment benefit” procedure

a) Implementation steps:

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+ If an employee is subject to termination of unemployment benefit in one of the following cases: the employee has successfully found a job; the employee must go for military or police services; the employee receives monthly retirement pension; or the employee is sent to take a training course for the period of 12 months or longer, within 03 working days from the date on which the employee’s unemployment benefit is terminated, the employee shall send a notice which must be accompanied by the photocopies of the documents on such termination of unemployment benefit to the employment service center from which he/she is receiving unemployment benefit. The employment service center that is paying unemployment benefit to the employee shall petition the Director of the provincial Department of Labour, War Invalids and Social Affairs to issue a decision on termination of unemployment benefit of the employee.

+ If an employee is subject to termination of unemployment benefit in one of the following cases: after 2 job recommendation efforts made by the employment service center from which the employee is receiving unemployment benefit, the employee keeps refusing to the center’s recommended placements without giving any legitimate reasons; during the unemployment benefit enjoyment period, the employee fails to send monthly notices of his/her job seeking status to the employment service center for 03 consecutive months; the employee immigrates to a foreign country or works in a foreign country under a definite-term employment contract; the employee incurs penalties for administrative violations against regulations on unemployment insurance; the employee died; the employee is implementing a decision under which he/she is compulsorily sent to a reform school, educational institution or rehabilitation center; the employee is declared missing by a competent court; the employee is kept in temporary detention or serving an imprisonment sentence, the employment service center that is paying unemployment benefit to the employee shall petition the Director of the provincial Department of Labour, War Invalids and Social Affairs to issue a decision on termination of unemployment benefit of the employee.

- Step 2: The Director of the provincial Department of Labour, War Invalids and Social Affairs shall issue a decision on termination of unemployment benefit using Form No. 24 enclosed with the Circular No. 15/2023/TT-BLDTBXH.

- Step 3: Decision on termination of unemployment benefit which is sent by the employment service center shall include 01 copy sent to the provincial-level social insurance agency for terminating payment of unemployment benefit to the employee, and 01 copy sent to the employee.

b) Implementation method: If an employee is subject to termination of unemployment benefit in one of the following cases: the employee has successfully found a job; the employee must go for military or police services; the employee receives monthly retirement pension; or the employee is sent to take a training course for the period of 12 months or longer, the employee shall send a notice which must be accompanied by the copies of the documents on such termination of unemployment benefit to the employment service center from which he/she is receiving unemployment benefit. If the notice is sent by post, the date on the postal stamp shall apply.

c) Required documents:

In case the employee is required to send a notice to the employment service center from which he/she is receiving unemployment benefit, he/she must provide the following documents:

* The employee’s notice of termination of unemployment benefit which is made using Form No. 23 enclosed with the Circular No. 15/2023/TT-BLDTBXH.

* Documents proving that the employee is classified as subject to the termination of unemployment benefit, including one of the following documents:

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- Decision on employment or appointment decision or employment contract or public employee contract or certificate of registration of household business or enterprise registration certificate in case the employee has successfully found a job before the expiration of unemployment benefit enjoyment period.

- Enlistment notice in case the employee must perform military or police duties.

- Decision on enjoyment of retirement pension.

- Documents proving that the employee has refused to the employment service center’s 02 job recommendations without giving any legitimate reasons.

- Documents proving the employee’s failure to send monthly notice of job seeking status for 03 consecutive months.

- Documents proving the employee’s immigration to a foreign country (verified by the government of commune, ward, commune-level town, etc.)

- Notice of admission in case the employee attends a domestic training course. If the employee attends an overseas training course, documents proving his/her exit from Vietnam are required.

- Decision on imposition of penalties for administrative violations against regulations of law on unemployment insurance issued by a competent authority.

- Document proving that the death of the employee who is enjoying unemployment benefit (death certificate or certification given by the government of commune, ward, commune-level town, etc.).

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- A court’s decision on declaration of missing person.

- Decision on temporary detention or implementation of imprisonment sentence issued by a competent authority.

d) Quantity of documents: 01 set of required documents.

dd) Processing time limit: Not applicable.

e) Entities following this administrative procedure: Employees who are enjoying unemployment benefit.

g) Agencies in charge of processing this administrative procedure:

- Authority competent to issue decision: Directors of provincial Departments of Labour, War Invalids and Social Affairs.

- Agencies in charge of processing this administrative procedure: employment service centers.

h) Administrative procedure processing result: Decision on termination of unemployment benefit.

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k) Names of application/declaration forms: Notice (Form No. 23 enclosed with the Circular No. 15/2023/TT-BLDTBXH)

l)  Requirements for this administrative procedure:

An employee is subject to the termination of unemployment benefit in one of the following cases:

- The unemployment benefit enjoyment period expires according to the decision on enjoyment of unemployment benefit;

- The employee has successfully found a job;

- The employee performs military or police duties;

- The employee receives monthly retirement pension;

- After 02 job recommendation efforts made by the employment service center from which the employee is receiving unemployment benefit, the employee keeps refusing to the center’s recommended placements without giving any legitimate reasons;

- During the unemployment benefit enjoyment period, the employee fails to send monthly notices of his/her job seeking status to the employment service center for 03 consecutive months;

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- The employee is sent to take a training course for the period of 12 months or longer;

- The employee incurs penalties for administrative violations against regulations of law on unemployment insurance;

- The employee died;

- The employee is implementing a decision under which he/she is compulsorily sent to a reform school, educational institution or rehabilitation center;

- The employee is declared missing by a competent court;

- The employee is kept in temporary detention or serving an imprisonment sentence.

m) Legal grounds for this administrative procedure:

- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

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- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

*Note: Implementation steps; required documents; administrative procedure processing result; names of application/declaration forms; and legal grounds of this administrative procedure are amended.

Form No. 23: Enclosed with the Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labour, War Invalids and Social Affairs of Vietnam

THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------

NOTICE
Of…………………(1)

To: The employment service center of……………………….

I am: ......................................................................................... Date of birth:…../…/…. ……………………

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Number of social insurance book: ...................................................................................................................

Current residence (if different from the registered place of permanent residence): ............................................

.........................................................................................................................................

Currently, I am enjoying unemployment benefit under the Decision No……………… dated……………. issued by the Director of the Department of Labour, War Invalids and Social Affairs of province/city………….

Total months for which I have received unemployment benefit:….. months

Because (1)…………………………………………………………………………………………………………, I hereby send this notice (accompanied with copies of relevant documents).

In case the employee is unable to provide the copy of the employment contract or public employee contract (2).

I hereby kindly request your employment service center to consider processing procedures for terminating unemployment benefit so as to reserve my payment period of unemployment insurance premiums which equals total months for which I have not yet received unemployment benefit from the social insurance agency./.

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……………… [place & date]
Made by
(signature and full name)

Notes:

 (1) the employee has successfully found a job; the employee performs military or police duties; the employee receives monthly retirement pension; the employee is sent to take a training course for the period of 12 months or longer.

 (2) The employee must give a commitment on the date of the employment contract or public employee contract, provide reasons for his/her failure to provide the employment contract or public employee contract and will additionally submit the employment contract or public employee contract within 03 working days after he/she receives an employment contract or public employee contract.

6. “Outbound transfer of unemployment benefit recipient” procedure

a) Implementation steps:

- Step 1: If the employee who has received unemployment benefit for at least 01 month wishes to be transferred to a new unemployment benefit payer in another province or city, he/she must prepare an application for transfer to a new unemployment benefit payer using Form No. 10 enclosed with the Circular No. 15/2023/TT-BLDTBXH and send it to the employment service center from which he/she is receiving unemployment benefit.

- Step 2: Within 03 working days from its receipt of the employee’s application, the employment service center shall provide documents on transfer to a new unemployment benefit payer for the employee and send a letter of recommendation about the transfer which is made using Form No. 11 enclosed with the Circular No. 28/2015/TT-BLDTBXH to the employment service center to which the employee is transferred.

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In case the employee has received documents on transfer to a new unemployment benefit payer, but has not yet submitted them to the employment service center to which the employee is transferred, and no longer needs to be transferred to this unemployment benefit payer, the employee must submit the letter of recommendation about transfer to a new unemployment benefit payer to the employment service center from which the employee is transferred. Within 03 working days from the date of receipt of the letter of recommendation about transfer to a new unemployment benefit payer, the employment service center shall send a written request to the provincial-level social insurance agency to keep on paying unemployment benefit and issuing health insurance card to the employee.

b) Implementation method: directly.

In case the employee has received documents on transfer to a new unemployment benefit payer, but has not yet submitted them to the employment service center to which the employee is transferred, and no longer needs to be transferred to this unemployment benefit payer, the employee must directly submit the letter of recommendation about transfer to a new unemployment benefit payer to the employment service center from which the employee is transferred.

c) Required documents: Application for transfer to a new unemployment benefit payer made by the employee.

d) Quantity of documents: 01 set of required documents.

dd) Processing time limit: Within 03 days from the date of receipt of the application for transfer to a new unemployment benefit payer submitted by the employee.

e) Entities following this administrative procedure: Any employee who is receiving unemployment benefit and wishes to be transferred to a new unemployment benefit payer in another province or city.

g) Agencies in charge of processing this administrative procedure: The employment service center from which the employee is receiving unemployment benefit.

h) Administrative procedure processing result: Letter of recommendation about transfer to a new unemployment benefit payer and notice sent to the social insurance agency of the province or city from which the employee is transferred for stopping paying unemployment benefit to the employee.

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k) Names of application/declaration forms: Application for transfer to new unemployment benefit payer (Form No. 10 enclosed with the Circular No. 15/2023/TT-BLDTBXH).

l)  Requirements for this administrative procedure: The employee has received unemployment benefit for at least 01 month and wishes to be transferred to a new unemployment benefit payer in another province or city.

m) Legal grounds for this administrative procedure:

- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Government’s Decree No. 61/2020/ND-CP dated May 29, 2020 providing amendments to the abovementioned Decree No. 28/2015/ND-CP dated March 12, 2015;

- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the abovementioned Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the abovementioned Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

*Note: Implementation steps; names of application/declaration forms; and legal grounds of this administrative procedure are amended.

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Form No. 10: Enclosed with the Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labour, War Invalids and Social Affairs of Vietnam

THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------

APPLICATION FOR TRANSFER TO NEW UNEMPLOYMENT BENEFIT PAYER

To: The employment service center of……………………….

I am: ......................................................................................... Date of birth:…../…/….

Personal identification number/ID card number: ………………………………….. issued on……………….. Issuing authority: ………….

Number of social insurance book: ....................................................................................................................

Current residence (if different from the registered place of permanent residence): .................................................

.........................................................................................................................................

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Total months for which I am entitled to enjoy unemployment benefit:….. months

Total months for which I have received unemployment benefit:….. months

Because of:

………………………………………………………………………………………………

I hereby kindly request your employment service center to transfer me to the unemployment benefit payer of province/city………….. so that I can continue enjoying unemployment benefit as prescribed./.

….. [place & date]
Applicant
(signature and full name)

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a) Implementation steps:

- Step 1: After the employee has received documents on transfer to a new unemployment benefit payer, the employee shall submit them to the employment service center to which he/she is transferred.

- Step 2: Within 03 working days from the date of receipt of documents on transfer to a new unemployment benefit payer submitted by the employee, the employment service center shall send a written request, which is made using Form No. 13 enclosed with to the Circular No. 15/2023/TT-BLDTBXH and accompanied by a copy of the decision on enjoyment of unemployment benefit, to the social insurance agency of the province/city to which the employee is transferred for paying unemployment benefit and issuing health insurance card to the employee.

b) Implementation method: The employee must come to submit documents on transfer to a new unemployment benefit payer to the employment service center to which he/she is transferred.

c) Required documents:

- Application for transfer to a new unemployment benefit payer which is made by the employee using Form No. 10 enclosed with the Circular No. 15/2023/TT-BLDTBXH;

- Letter of recommendation about transfer to new unemployment benefit payer which is made using Form No. 11 enclosed with the Circular No. 28/2015/TT-BLDTBXH;

- Copy of decision on enjoyment of unemployment benefit;

- Copies of decision on vocational training support, decision on suspension of unemployment benefit, and decision on continued enjoyment of unemployment benefit (if any);

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d) Quantity of documents: 01 set of required documents.

dd) Processing time limit: Within 03 days from the date of receipt of the application for transfer to a new unemployment benefit payer submitted by the employee.

e) Entities following this administrative procedure: Employees who are enjoying unemployment benefit.

g) Agencies in charge of processing this administrative procedure:

The employment service center affiliated to Department of Labour, War Invalids and Social Affairs of province or city to which the employee is transferred to receive unemployment benefit.

h) Administrative procedure processing result: Written request sent to the social insurance agency of province to which the employee is transferred for paying unemployment benefit to the employee.

i) Charges payable: Not applicable.

k) Names of application/declaration forms: Application for transfer to new unemployment benefit payer (Form No. 10 enclosed with the Circular No. 15/2023/TT-BLDTBXH).

l)  Requirements for this administrative procedure: The employee wishes to receive unemployment benefit in province or city to which he/she is transferred.

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- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Government’s Decree No. 61/2020/ND-CP dated May 29, 2020 providing amendments to the Decree No. 28/2015/ND-CP dated March 12, 2015;

- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the abovementioned Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

*Note: Implementation steps; administrative procedure processing result; names of application/declaration forms; and legal grounds of this administrative procedure are amended.

8. “Vocational training support" procedure

a) Implementation steps:

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- Step 2: The employment service center shall consider the receive application for vocational training support and give the employee a note of appointment to receive application processing result which is made using Form No. 01 enclosed with the Decree No. 61/2020/ND-CP.

- Step 3: Within 20 working days from its receipt of an adequate application for vocational training support, the employment service center shall petition the Director of the provincial Department of Labour, War Invalids and Social Affairs to issue a decision on vocational training support using Form No. 04 enclosed with the Decree No. 61/2020/ND-CP if the employee meets the relevant vocational training support requirements.

- Step 4: Within 03 working days from the date written on the note of appointment to receive application processing result, the employee must come to receive the decision on vocational training support.

b) Implementation method: The employee shall submit an application for vocational training support directly to the employment service center.

c) Required documents:

- The employee who is awaiting the results of processing of his/her application for unemployment benefit or is receiving unemployment benefit but wishes to take vocational training course in the locality where he/she is expecting such application processing results or is receiving unemployment benefit shall submit an application for vocational training support which is made using Form No. 03 enclosed with the Decree No. 61/2020/ND-CP.

- The employee who is receiving unemployment benefit but wishes to take vocational training course in the locality other than the place where he/she is receiving unemployment benefit shall submit an application for vocational training support which is made using Form No. 03 enclosed with the Decree No. 61/2020/ND-CP and the original or certified true copy or copy accompanied with its original for verification purpose of the decision on enjoyment of unemployment benefit.

- If the employee does not fall into the cases mentioned above, he/she shall submit:

+ An application for unemployment benefits (Form No. 03 enclosed with the Circular No. 15/2023/TT-BLDTBXH);

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+ The original or certified true copy or a copy accompanied with its original for verification purpose of any of the documents certifying the termination of the employment contract or public employee contract;

+ Social insurance book.

d) Quantity of documents: 01 set of required documents.

dd) Processing time limit: Within 20 working days from the receipt of an adequate application for vocational training support.

e) Entities following this administrative procedure: Employees who are receiving unemployment benefit and unemployed persons who have paid unemployment insurance premiums for at least 09 months but are ineligible for unemployment benefit.

g) Agencies in charge of processing this administrative procedure:

- Authority competent to issue decision: Directors of provincial Departments of Labour, War Invalids and Social Affairs.

- Agencies in charge of processing this administrative procedure: Employment service centers affiliated to provincial Departments of Labour, War Invalids and Social Affairs.

h) Administrative procedure processing result: Decision on vocational training support or written response given to the employee who is ineligible for vocational training support as prescribed.

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k) Names of application/declaration forms:

- Application for vocational training support (Form No. 03 enclosed with the Decree No. 61/2020/ND-CP).

- Application for unemployment benefits (Form No. 03 enclosed with the Circular No. 15/2023/TT-BLDTBXH).

l)  Requirements for this administrative procedure:

- The employee is required to participate in unemployment insurance when working under any of the following employment contracts or public employee contracts:

+ Indefinite-term employment contract or public employee contract;

+ Definite-term employment contract or public employee contract;

+ Seasonal or piecework employment contract with the term ranging from 03 months to less than 12 months.

In case an employee is performing multiple employment contracts as prescribed above, the employee and the employer of the first employment contract shall assume responsibility to pay unemployment insurance premiums for the employee.

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+ The employee unilaterally terminates the employment contract or public employee contract in contravention of law;

+ The employee is receiving monthly pension or disability benefits.

- The employee has paid unemployment insurance premiums for at least 09 months within 24 months before his/her employment contract or public employee contract is terminated.

- The employee has submitted an application for unemployment benefit to the relevant employment service center.

- The employee is unsuccessful in finding a new job within 15 days from the date of submission of an application for vocational training support, except the following cases:

+ The employee performs military or police duties;

+ The employee is sent to take a training course for the period of 12 months or longer;

+ The employee is implementing a decision under which he/she is compulsorily sent to a reform school, educational institution or rehabilitation center;

+ The employee is kept in temporary detention or serving an imprisonment sentence;

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+ The employee died.

m) Legal grounds for this administrative procedure:

- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Government’s Decree No. 61/2020/ND-CP dated May 29, 2020 providing amendments to the abovementioned Decree No. 28/2015/ND-CP dated March 12, 2015;

- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

*Note: Implementation steps; required documents; processing time limit; names of application/declaration forms; requirements; and legal grounds of this administrative procedure are amended.

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THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------

APPLICATION FOR VOCATIONAL TRAINING SUPPORT

To: The employment service center of……………………….

I am: ………………………………………………. Date of birth: ......./...../.....

ID Card/ Citizen’s Identity Card Number: ………………………

Issued on: ……/…………/………

Issuing authority: ………………………………………………………………………

Number of social insurance book:……………………….

Permanent residence (1): ………………………………………………………………………

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Contact telephone number (if any): ………………………………………………

I am receiving unemployment benefit under Decision No……………………… dated………………….. of the Director of the Department of Labour, War Invalids and Social Affairs of province/city…………………; total months during which I will be entitled to unemployment benefit:…………. months (from…………………to…………………………..) (for employees who are receiving unemployment benefit).

I have paid unemployment insurance premiums for ………… months. I have submitted an application for unemployment benefit on…………………….. Application processing result will be given on......................... according to the note of appointment to receive application processing result No……………………… dated…………………….. (for employees who are waiting results of processing of application for unemployment benefit).

I have paid unemployment insurance premiums for ………… months (for employees who have paid unemployment insurance premiums for at least 09 months but are ineligible for unemployment benefit).

I wish to take a vocational training course in................................ with duration of ................ months, provided by (name and address of the vocational training institution)..................

I hereby kindly request your employment service center to consider processing my application so that I can attend the abovementioned vocational training course./.

…. [place & date]
Applicant
(signature and full name)

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Form No. 03: Enclosed with the Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labour, War Invalids and Social Affairs of Vietnam

THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------

APPLICATION FOR UNEMPLOYMENT BENEFIT

To: The employment service center of……………………….

I am: ………………………………………………. Date of birth: ......./...../.....

Personal identification number/ID card number: ………………………………….. issued on……………….. Issuing authority: ………………………

Number of social insurance book: …………………………………………………………………………

Telephone number: …………………………………………….Email (if any): …………………………

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Training qualification: …………………………………………………………………………

Training vocation or major: ……………………………………………………………………

Current residence (if different from the registered place of permanent residence) (1): ………………………

………………………………………………………………………………………………

On …/…/…., I have terminated the employment contract/ public employee contract signed with (name of employer)…………………………………………… at (address): ………………………………………

Reason for termination of employment contract/ public employee contract: ……………………………

………………………………………………………………………………………………

Type of employment contract/ public employee contract: ………………………………………………

Payment period of unemployment insurance premiums:……………….. months.

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This application is accompanied with (2)……………………………………………….. and my social insurance book. I hereby kindly request your employment service center to consider processing my application for unemployment benefit in accordance with regulations of law.

I undertake that all the information provided herein is accurate and I shall assume legal responsibility for any false information.

…. [place & date]
Applicant
(signature and full name)

Notes:

 (1) Specify the house number, street, group, hamlet, mountain village.

 (2) The original or certified true copy or a copy accompanied with its original for verification purpose of any of the documents certifying the termination of the employment contract or public employee contract as prescribed in clause 6 Article 1 of the Government’s Decree No. 61/2020/ND-CP dated May 29, 2020

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a) Implementation steps:

- Step 1: The employee who is working under an employment contract or public employee contract and paying unemployment insurance premiums, but has his/her employment contract or public employee contract terminated may receive job consultancy and placement free of charge from the employment service center if he/she wishes to find another job.

- Step 2: The employee shall fill in the job consultancy and placement slip which is made using Form No. 01 enclosed with the Circular No. 15/2023/TT-BLDTBXH, and submit it directly to the employment service center.

- Step 3: The employment service center shall receive the job consultancy and placement slip and, based on the employee’s demand and capacity as well as the employer’s recruitment demand, and introduce a job suitable for the employee.

- Step 4: The employment service center shall provide the employee with the job recommendation letter which is made using Form No. 02 enclosed with the Circular No. 15/2023/TT-BLDTBXH, and monitor the candidate interview process so as to give timely assistance to the employee.

b) Implementation method: The employee shall directly submit the job consultancy and placement note to the employment service center, and directly receive job consultancy and placement.

c) Required documents: Job consultancy and placement note which is made using Form No. 01 enclosed with the Circular No. 15/2023/TT-BLDTBXH.

d) Quantity of documents: 01 set of required documents.

dd) Processing time limit: Not applicable.

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g) Agencies in charge of processing this administrative procedure: Employment service centers.

h) Administrative procedure processing result: Employees receive job consultancy and placement service free of charge.

i) Charges payable: Not applicable.

k) Names of application/declaration forms: Job consultancy and placement note (Form No. 01 enclosed with the Circular No. 15/2023/TT-BLDTBXH).

l)  Requirements for this administrative procedure:

The employee who is participating in unemployment insurance has his/her employment contract or public employee contract terminated and wishes to find another job, including:

- Employee working under an indefinite-term employment contract or public employee contract;

- Employee working under definite-term employment contract or public employee contract;

- Employee working under seasonal or piecework employment contract with the term ranging from 03 months to less than 12 months.

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m) Legal grounds for this administrative procedure:

- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Government’s Decree No. 61/2020/ND-CP dated May 29, 2020 providing amendments to the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

*Note: Names of application/declaration forms; and legal grounds of this administrative procedure are amended.

Form No. 01: Enclosed with the Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labour, War Invalids and Social Affairs of Vietnam

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JOB CONSULTANCY AND PLACEMENT NOTE

To: The employment service center of……………………….

Full name: ………………………………………………. Date of birth: ......./...../.....

Personal identification number/ID card number: ………………………………………………

Issued on………………….. Issuing authority: …………………………………………

Number of social insurance book: …………………………………………………………………………………….

Telephone number: …………………………… …………………………………………….Email (if any): …………………………

Current residence (if different from the registered place of permanent residence) (1): ……………………………

Health status: ……………………………………………………………………………

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General education level: ……………………………………………………………………

Foreign language: ……………………… Qualification: ……………………………………………………

Informatics: ……………………… Qualification: …………………………………………………………

Training qualification:

No.

Training major

Training qualification (2)

1

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2

…

Vocational skill (if any) ………………………………………………………

Outstanding skills: …………………………………………………………

………………………………………………………………………………………………

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………………………………………………………………………………………………

I. WORKING PROCESS

No.

Employer

Working period

 (from………………[date] to…………………….[date])

Job position

1

...

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2

…

...

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Reasons for the latest unemployment ………………………………………………………………………

II. CURRENT JOB SEEKING STATUS

I have applied for job at (from the latest unemployment to present time):……………………

………………………………………………………………………………………………………

III. JOB CONSULTANCY AND PLACEMENT DEMANDS

1. Consultancy

Policies and laws on labour and employment □

Employment □

Unemployment insurance □

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2. Job placement

Job position: ………………………………………………………………………………

Lowest salary: …………………………………………………………………………

Working conditions: ……………………………………………………………………………

Working place: ……………………………………………………………………………

Other: ……………………………………………………………………………………………

Type of employer: State-owned enterprise □; Private enterprise □; Foreign-invested enterprise □

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Notes:

 (1) Specify the house number, street, group, hamlet, mountain village.

 (2) Technical worker who does not possess a vocational training certificate, or certificate of completion of short-term (less than 03 months), elementary (from 03 to less than 12 months), intermediate, college, university or higher-level vocational training course.

10. “Monthly notification of job seeking status” procedure

a) Implementation steps:

While receiving unemployment benefit, the employee must monthly inform the employment service center from which he/she is receiving unemployment benefit of his/her job seeking status as prescribed.

The date on which the employee is required to provide monthly notice of job seeking status is specified in the appendix enclosed with the decision on enjoyment of unemployment benefit issued to the employee. To be specific:

- For the first month of receiving unemployment benefit, the employee shall make monthly notice of job seeking status on the date on which he/she receives the decision on enjoyment of unemployment benefit according to the note of appointment to receive his/her application processing result;

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The employee who is receiving unemployment benefit is considered to have fulfilled the obligation to monthly inform job seeking result if he/she has provided accurate and adequate information on the prescribed form of the monthly notice of job seeking result and assume responsibility for his/her provided information.

b) Implementation method: directly.

c) Required documents: Notice of job seeking status which is made using Form No. 16 enclosed with the Circular No. 15/2023/TT-BLDTBXH.

d) Quantity of documents: 01 set of required documents.

dd) Processing time limit: Not applicable

e) Entities following this administrative procedure: Employees who are enjoying unemployment benefit.

g) Agencies in charge of processing this administrative procedure: Employment service centers.

h) Administrative procedure processing result: Employees continue enjoying unemployment benefit.

i) Charges payable: Not applicable.

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l)  Requirements for this administrative procedure: While receiving unemployment benefit, the employee must monthly inform the employment service center from which he/she is receiving unemployment benefit of his/her job seeking status, except the following cases:

- The employee who is receiving unemployment benefit must not make monthly notice of job seeking status if the employee falls into any of the following cases:

+ A male employee reaches 60 years of age or older; a female employee reaches 55 years of age or older;

+ The employee is suffering from sickness as certified by a competent health facility;

+ The employee is receiving maternity benefit as certified by a competent health facility. If a male employee whose wife died after giving birth is raising a child, the child’s birth certificate and the mother’s death certificate are required;

+ The employee meets with an accident as certified by the traffic police or a competent health facility;

+ The employee is suffering from conflagration, flood, earthquake, tsunami, conflict or epidemic occurs with a certification of the Chairperson of the People’s Committee of commune, ward or commune-level town;

+ The employee’s parent, spouse or child dies; the employee or his/her child gets married with a certificate given by the commune-level People’s Committee;

+ The employee is taking a vocational training course according to decision issued by the Director of provincial Department of Labour, War Invalids and Social Affairs with certificate given by the vocational training institution;

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+ The employee is getting voluntary detoxification with certification given by the rehabilitation center or the commune-level People’s Committee;

+ The employee is transferred to a new unemployment benefit payer: if the date on which the employee is required to make monthly notice of job seeking status falls within 15 working days from the day on which the employee receives documents on transfer to a new unemployment benefit payer but before the day on which the employee submits such documents to the employment service center to which he/she is transferred, the employee must not directly make monthly notice of job seeking status.

The employee must inform the employment service center (by telephone, email or fax, etc.) of the reasons for which he/she must not directly make direct monthly notice of job seeking status, and within 03 working days from the prescribed deadline for making monthly notice of job seeking status, send a registered mail or authorize another person to submit the original or certified true copy of any of the abovementioned documents proving that he/she must not directly make monthly notice of job seeking status to the employment service center from which he/she is receiving unemployment benefit, unless a male employee reaches 60 years of age or older or a female employee reaches 55 years of age or older. If documents are sent by post, the date of making monthly notice of job seeking status is the date written on the postal stamp.

m) Legal grounds for this administrative procedure:

- The Employment Law dated November 16, 2013;

- The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015 providing guidelines for implementation of the Employment Law regarding unemployment insurance;

- The Government’s Decree No. 61/2020/ND-CP dated May 29, 2020 providing amendments to the Decree No. 28/2015/ND-CP dated March 12, 2015;

- The Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 of the Ministry of Labour, War Invalids and Social Affairs providing guidelines for Article 52 of the Employment Law and the abovementioned Decree No. 28/2015/ND-CP dated March 12, 2015.

- The Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Ministry of Labour, War Invalids and Social Affairs of Vietnam providing amendments to the Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015.

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Form No. 16: Enclosed with the Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labour, War Invalids and Social Affairs of Vietnam

THE SOCIALIST REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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NOTICE OF JOB SEEKING STATUS
The ….. month of unemployment benefit enjoyment period

To: The employment service center of……………………….

I am: ………………………………………………. Date of birth: ......./...../.....

Personal identification number/ID card number: ………………………………….. issued on……………….. Issuing authority:………..

Current residence (if different from the registered place of permanent residence): ………………………

………………………………………………………………………………………………

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Pursuant to the Decision No……………….. dated………………………, I am entitled to unemployment benefit for the period of…… months, commencing from………………… to……………………… in…………. (province/city)

I hereby inform my job seeking results as follows:

 (1) First unit (name and address of the unit, contact person, job position, and interview result).

………………………………………………………………………

 (2) Second unit (name and address of the unit, contact person, job position, and interview result).

………………………………………………………………………

(...) Name of the… unit (...): (name and address of the unit, contact person, job position, and interview result).

………………………………………………………………………………………………

Current employment status:

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□ I have got a job but have not yet signed any employment contract/public employee contract (specify name and address of working place, and job's name)………………. Other status (sickness, pregnancy, etc.) …………………………

I undertake that all the information provided herein is accurate and I shall assume legal responsibility for any false information./.

…………… [place & date]
Made by
(signature and full name)

Quyết định 351/QĐ-BLĐTBXH năm 2024 công bố thủ tục hành chính được sửa đổi, bổ sung lĩnh vực việc làm thuộc phạm vi chức năng quản lý Nhà nước của Bộ Lao động - Thương binh và Xã hội