THE NATIONAL
ASSEMBLY
-------- |
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
Law No: 38/2013/QH13
|
Hanoi, 16 November 2013
|
LAW
Pursuant to the Constitution of the Socialist Republic of
Vietnam;
The National Assembly promulgates the Law on Employment.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Law provides employment creation support policies;
labor market information; assessment and grant of certificates of national
occupational skills; employment service organizations and activities;
unemployment insurance; and state management of employment.
Article 2. Subjects of
application
This Law applies to workers, employers and other agencies,
organizations and individuals involved in employment.
Article 3.
Interpretation of terms
In this Law, the terms below are construed as follows:
1. Worker means a Vietnamese citizen who is full 15
years or older, has ability to work and seeks employment.
2. Employment means an income-generating working activity
not banned by law.
3. National occupational skills standards means
regulations on professional knowledge, practice capacity, and ability to apply
such knowledge and capacity in work, which are required for a worker to perform
his/her work depending on each qualification level of skills of each
occupation.
4. Unemployment insurance means a scheme aiming to
compensate part of income of a worker when he/she becomes unemployed, support
him/her to receive vocational training, maintain employment, or seek employment,
on the basis of making contributions to the Unemployment Insurance Fund.
5. Public employment means paid temporary employment
which is created through the implementation of state-funded projects or
activities associated with socio-economic development programs in communes,
wards or townships (below referred to as communes).
Article 4. Principles
of employment
1. Ensuring the right to work and freely choose jobs and
workplaces.
2. Ensuring equality in employment opportunities and
incomes.
3. Ensuring working under safe and hygienic conditions.
Article 5. State
policies on employment
1. To adopt socio-economic development policies aiming to
create employment for workers, identify employment creation objectives in
socio-economic development strategies and plans; to allocate resources for the
implementation of employment policies.
2. To encourage organizations and individuals to create
employment for others and for themselves with incomes at least equal to the
minimum wage level, contributing to socio-economic and labor market
development.
3. To adopt policies on employment creation support, labor
market development and unemployment insurance.
4. To adopt policies on assessment and grant of
certificates of national occupational skills in association with improvement of
occupational skills qualifications.
5. To adopt preferential policies for sectors and trades
that use workers with high professional and technical qualifications or use
many workers, as suitable to socio-economic development conditions.
6. To support employers that employ many people with
disabilities, women and ethnic minority people.
Article 6. Contents of
the state management of employment
1. Promulgating, and organizing the implementation of,
legal documents on employment.
2. Propagating, disseminating and educating about the law
on employment.
3. Managing workers, labor market information, assessment
and grant of certificates of national occupational skills, and unemployment
insurance.
4. Managing the organization and operation of employment
service centers and employment service enterprises.
5.
Examining, inspecting, settling complaints and denunciations, and handling
violations of the law on employment.
6. Carrying out international cooperation on employment.
Article 7. Competence
to perform the state management of employment
1. The
Government shall uniformly perform the state management of employment
nationwide.
2. The
Ministry of Labor, War Invalids and Social Affairs shall take responsibility
before the Government for the state management of employment.
Ministries
and ministerial-level agencies shall, within the ambit of their tasks and
powers, coordinate with the Ministry of Labor, War Invalids and Social Affairs
in, performing the state management of employment.
3.
People’s Committees at all levels shall, within the ambit of their tasks and
powers, perform the state management of employment in localities.
Article 8.
Responsibilities of agencies, organizations and individuals for employment
1. The Vietnam Fatherland Front and its member
organizations shall, within the ambit of their functions and tasks, mobilize
agencies, enterprises, units, organizations and individuals to create
employment; and join state agencies in formulating, and supervising the
implementation of, policies and laws on employment in accordance with law.
2. Agencies and organizations shall, within the ambit of
their tasks and powers, propagate and disseminate policies and laws on
employment; create employment; and protect the lawful rights and interests of
workers and employers in accordance with law.
3. Individuals shall take the initiative in seeking
employment and participating in employment creation.
Article 9. Prohibited
acts
1. Committing discriminatory acts in employment and
occupations.
2.
Infringing upon the body, honor, dignity, property, the lawful rights and
interests of workers or employers.
3. Recruiting or employing workers in contravention of law.
4. Enticing, promising and deceitfully advertising to
deceive workers, or taking advantage of employment services or labor market
information to commit illegal acts.
5. Committing fraud or forging dossiers in the
implementation of employment policies.
6. Obstructing, or causing difficulties or damage to, the
lawful rights and interests of workers or employers.
Chapter II
EMPLOYMENT CREATION
SUPPORT POLICIES
Section 1. CREDIT INCENTIVES FOR EMPLOYMENT CREATION
Article 10. Credit
incentives for employment creation
The State shall provide credit incentives from the National
Employment Fund and other credit sources to support employment creation and
maintain and expand employment.
Article 11. The
National Employment Fund
1. Sources forming the National Employment Fund include:
a/ State budget;
b/ Supporting sources of domestic and foreign organizations
and individuals;
c/ Other lawful sources.
2. The management and use of the National Employment Fund
must comply with law.
Article 12. Borrowers
of loans from the National Employment Fund
1. Eligible borrowers of loans from the National Employment
Fund include:
a/ Small- and medium-sized enterprises, cooperatives,
cooperative groups and business households;
b/ Workers.
2. The entities defined in Clause 1 of this Article that
fall in the cases below may take loans from the National Employment Fund at
lower interest rates:
a/ Small- and medium-sized enterprises, cooperatives,
cooperative groups and business households that employ many people with
disabilities or ethnic minority people;
b/ Ethnic minority people who are living in areas with
extremely difficult socio-economic conditions, and people with disabilities.
Article 13. Conditions
for loan borrowing
1. The entities defined at Point a, Clause 1, Article 12 of
this Law may take loans from the National Employment Fund when fully meeting
the following conditions:
a/ Having a loan-borrowing project that is feasible in the
locality, suits their production and business lines and creates more stable
jobs;
b/ Having a loan-borrowing project certified by a competent
agency or organization in the locality where the project is implemented;
c/ Having loan collateral.
2. The entities specified at Point b, Clause 1, Article 12
of this Law may take loans from the National Employment Fund when fully meeting
the following conditions:
a/ Having full civil act capacity;
b/ Wishing to take loans to create employment for
themselves or attract more workers, as certified by a competent agency or
organization in the locality where the project is implemented;
c/ Lawfully residing in the locality where the project is
implemented.
3. The Government shall prescribe loan levels, duration and
interest rates, the order and procedures for borrowing loans, and loan
collateral conditions.
Article 14. Provision
of preferential loans from other credit sources to support employment creation
Based on socio-economic conditions in each period, the
State shall use other credit sources to provide preferential loans for the
implementation of indirect policies to support employment creation.
Section 2. POLICIES TO SUPPORT EMPLOYMENT CHANGE FOR
WORKERS IN RURAL AREAS
Article 15. Support
for occupation or employment change for workers in rural areas
1. Based on socio-economic development strategies and
plans, the State shall support occupation or employment change for workers in
rural areas.
2. Workers in rural areas who participate in occupation or
employment change are entitled to:
a/ Vocational training support;
b/ Free counseling on policies and laws on labor,
employment and vocational training;
c/ Free job recommendation;
d/ Taking loans from the National Employment Fund as
prescribed in Articles 11, 12 and 13 of this Law.
Article 16. Vocational
training support for workers in rural areas
Workers in rural areas who attend vocational training
courses of under three months or at primary level in vocational training institutions
are entitled to support of vocational training expenses under the Prime
Minister’s regulations.
Article 17. Support
for small- and medium-sized enterprises, cooperatives, cooperative groups and
business households to create employment for workers in rural areas Small- and
medium-sized enterprises, cooperatives, cooperative groups and business
households are entitled to the State’s support for development of production
and business activities and expansion of on-spot employment for workers in rural
areas through:
1. Taking loans from the National Employment Fund as
prescribed in Articles 11, 12 and 13 of this Law;
2. Being supported in accessing information on outlet
markets;
3. Enjoying tax exemption and reduction in accordance with
tax laws.
Section 3. PUBLIC EMPLOYMENT POLICIES
Article 18. Contents
of public employment policies
1. Public employment policies are implemented through
state-funded projects or activities associated with socio-economic development
programs in communes, including:
a/ Building infrastructure for agriculture, forestry,
fisheries and salt production;
b/ Building public infrastructure facilities;
c/ Protecting the environment;
d/ Responding to climate change;
dd/ Other projects and activities serving the local
communities.
2. For the projects and activities specified in Clause 1 of
this Article, when selecting contractors under the bidding law, a bidding
dossier or dossier of requirement must contain a requirement that the
bid-participating contractors propose a plan on employment of the workers
defined in Clause 1, Article 19 of this Law.
3. The Government shall detail the organization of
implementation of public employment policies.
Article 19.
Participants in public employment policies
1. Workers may participate in public employment policies
when fully meeting the following conditions:
a/ Lawfully residing in the locality where the projects or
activities are implemented;
b/ Participating on a voluntary basis.
2. The workers defined in Clause 1 of this Article who are
ethnic minority people, members of poor households or households living just
above the poverty line or households having agricultural land recovered, and
unemployed or underemployed people are prioritized to participate in public
employment policies.
3. Organizations and individuals are encouraged to employ
the workers defined in Clause 1 of this Article when implementing projects or
activities other than those specified in Clause 1, Article 18 of this Law.
Section 4. OTHER SUPPORT POLICIES
Article 20. Support for
guest workers
1. The State shall encourage and create conditions for
workers who have demand and ability to go abroad as guest workers.
2. Workers who are ethnic minority people, members of poor
households or households living just above the poverty line or households
having agricultural land recovered, and relatives of people with meritorious
service to the revolution who wish to go abroad as guest workers, are entitled
to the State’s support for:
a/ Vocational training and learning foreign languages; getting
familiarized with the customs, habits and laws of Vietnam and the host country;
b/ Training to improve occupational skills qualifications
to meet the requirements of the host country;
c/ Taking loans with preferential interest rates.
3. The Government shall detail support policies for guest
workers as prescribed in this Article.
Article 21. Employment
creation support for young people
1. The State shall encourage organizations and individuals
to create employment for young people; and create conditions for young people
to bring into play their initiative and creativity in employment creation.
2. The State shall provide employment creation support for
young people through:
a/ Free job counseling, career orientation and job
recommendation for young people;
b/ Vocational training in association with employment
creation for young people who have completed their military or public security
obligation and youth volunteers who have completed their tasks in
socio-economic development programs or projects;
c/ Support for young people to start up their career or
business.
3. The Government shall detail Points b and c, Clause 2 of
this Article.
Article 22. Support
for labor market development
The State shall provide support for labor market
development through:
1. Collecting and providing labor market information,
analyzing and forecasting labor markets, and linking labor supply and demand;
2. Modernizing employment service activities and labor
market information systems;
3. Making investment to build the capacity of employment
service centers;
4. Encouraging organizations and individuals to participate
in labor market development.
Chapter III
LABOR MARKET INFORMATION
Article 23. Contents
of labor market information
1. Employment status and trends.
2. Information on labor supply and demand and labor supply
and demand developments in labor markets.
3. Information on foreign workers in Vietnam and Vietnamese
guest workers.
4. Information on salaries and wages.
Article 24. Management
of labor market information
1. State management agencies in charge of statistics shall
collect, publicize, develop and manage databases of labor market information
being national statistics in accordance with the statistical law.
2. The Ministry of Labor, War Invalids and Social Affairs
shall assume the prime responsibility for, and coordinate with related
ministries and agencies in, collecting and publicizing labor market information
in the sectors and fields under their management other than labor market
information being national statistics; promulgate regulations on management,
use and dissemination of labor market information; and develop labor market
information networks and databases.
3. People’s Committees at all levels shall, within the
ambit of their tasks and powers, manage labor market information in localities.
4. The agencies defined in Clauses 1, 2 and 3 of this
Article shall periodically publicize labor market information.
Article 25.
Collection, archive and synthesis of labor market information
1. The Ministry of Labor, War Invalids and Social Affairs
shall organize and guide the collection, archive and synthesis of labor market
information falling within its competence as specified in Clause 2, Article 24
of this Law.
2. People’s Committees at all levels shall organize the
collection, archive and synthesis of labor market information in localities
under their management.
3. Agencies, organizations, enterprises and individuals
shall collect, archive and synthesize labor market information in accordance
with law.
Article 26. Provision
of labor market information
Agencies, organizations, enterprises and individuals shall
accurately and timely provide labor market information in accordance with law.
Article 27. Analysis,
forecast and dissemination of labor market information
1. The Ministry of Labor, War Invalids and Social Affairs
shall assume the prime responsibility for the analysis, forecast and
dissemination of labor market information falling within its competence.
2. People’s Committees at all levels shall organize the
analysis, forecast and dissemination of labor market information in localities
under their management.
Article 28. Safety
assurance, confidentiality and archive of labor market information
1. Safety must be ensured for labor market information
during the development, operation and upgrading of labor market information
networks and databases.
2. Confidential labor market information includes:
a/ Labor market information associated with specific names
and addresses of organizations and individuals, unless otherwise agreed by
these organizations and individuals;
b/ Labor market information in the process of collection
and synthesis not yet publicized by competent persons;
c/ Labor market information on the law-prescribed list of
state secrets.
3. Agencies, organizations, enterprises and individuals
that exploit and use labor market information shall ensure safety and
confidentiality of, and archive such information in accordance with this Law
and other relevant laws.
Chapter IV
ASSESSMENT AND GRANT OF
CERTIFICATES OF NATIONAL OCCUPATIONAL SKILLS
Article 29. Purposes
of assessment and grant of certificates of national occupational skills
1. Assessment and grant of certificates of national
occupational skills aim to recognize the levels of occupational skills of
workers based on their qualifications.
2. Workers may participate in the assessment and be granted
certificates of national occupational skills in order to improve their
occupational capacity or seek appropriate employment or employment requiring
such certificates.
Article 30. Principles
and contents of assessment of national occupational skills
1. The assessment of national occupational skills must
adhere to the following principles:
a/ Ensuring voluntariness of workers;
b/ Being based on national occupational skills standards;
c/ Conforming with each qualification level of skills of
each occupation;
d/ Ensuring accuracy, independence, impartiality, equality
and transparency.
2. Contents of assessment of national occupational skills
include:
a/ Professional and technical knowledge;
b/ Work practice skills;
c/ Occupational safety and hygiene process.
Article 31.
Occupational skills assessment organizations
1. Occupational skills assessment organization means an
organization that operates under prescribed conditions and possesses a
certificate for assessment and grant of certificates of national occupational
skills granted by a competent state agency.
2. When fully meeting the conditions on physical
foundations, equipment and staff, an occupational skills assessment organization
will be granted a certificate for assessment and grant of certificates of
national occupational skills by a competent state agency.
3. Occupational skills assessment organizations may collect
charges in accordance with the law on charges and fees.
4. The Government shall detail the conditions for, and
organization and activities of, the assessment and grant of certificates of
national occupational skills.
Article 32.
Development and publicization of national occupational skills standards
1. National occupational skills standards shall be
developed for each qualification level of occupational skills for each
occupation and the national occupational skills qualification framework. The
number of qualification levels of occupational skills depends on the complexity
of each occupation.
2. Ministers, heads of ministerial-level agencies and heads
of government- attached agencies shall assume the prime responsibility for
developing national occupational skills standards for each occupation in the
fields under their management and request the Ministry of Labor, War Invalids
and Social Affairs to appraise and publicize national occupational skills
standards.
3. The Ministry of Labor, War Invalids and Social Affairs
shall guide the development, appraisal and publicization of national
occupational skills standards.
Article 33.
Certificates of national occupational skills
1. A worker who satisfies the requirements at a certain
qualification level of occupational skills will be granted a certificate of
national occupational skills at that level according to regulations of the
Ministry of Labor, War Invalids and Social Affairs.
2. Certificates of national occupational skills are valid
nationwide. In case of mutual recognition of certificates of national
occupational skills between Vietnam and other countries or territories, the
certificates of national occupational skills are valid in the countries or
territories where they are recognized and vice versa.
Article 34. Rights and
responsibilities of workers participating in the assessment and grant of
certificates of national occupational skills
1. Workers who participate in the assessment and grant of
certificates of national occupational skills have the following rights:
a/ To select occupational skills assessment organizations;
b/ To be granted certificates of national occupational
skills when satisfying the requirements at the corresponding qualification
level of occupational skills;
c/ To lodge complaints about the results of assessment of
national occupational skills in accordance with law.
2. Workers who participate in the assessment and grant of
certificates of national occupational skills have the following
responsibilities:
a/ To observe rules and regulations on assessment and grant
of certificates of national occupational skills which are issued by
occupational skills assessment organizations;
b/ To pay charges for the assessment and grant of
certificates of national occupational skills in accordance with law.
Article 35. Jobs
requiring certificates of national occupational skills
1. Certificates of national occupational skills are
required for workers who do jobs that directly affect the safety and health of
themselves or of the community.
2. The Government shall provide a list of jobs specified in
Clause 1 of this Article.
Chapter V
EMPLOYMENT SERVICE
ORGANIZATIONS AND ACTIVITIES
Article 36. Employment
services
1. Employment services include job counseling and
recommendation; supply and recruitment of workers at the request of employers;
and collection and provision of labor market information.
2. Employment service organizations include employment
service centers and employment service enterprises.
Article 37. Employment
service centers
1. Employment service centers are public non-business
units, including:
a/ Employment service centers established by state
management agencies;
b/ Employment service centers established by
socio-political organizations.
2. Employment service centers must be established under the
Prime Minister-approved master plans and satisfy the prescribed conditions on
physical foundations, equipment and staff. Ministers, heads of
ministerial-level agencies and chairpersons of People’s Committees of provinces
or centrally run cities (below referred to as provincial-level) may decide on
the establishment of employment service centers specified at Point a, Clause 1
of this Article; heads of central socio-political organizations may decide on
the establishment of employment service centers specified at Point b, Clause 1
of this Article.
3. The Government shall detail the establishment conditions
for, and organization and operation of, employment service centers.
Article 38. Tasks of
employment service centers
1. Employment service centers have the following tasks:
a/ To provide job counseling and recommendation for workers
and provide labor market information free of charge;
b/ To supply and recruit workers at the request of
employers;
c/ To collect labor market information;
d/ To analyze and forecast labor markets;
dd/ To implement employment programs and projects;
e/ To provide occupational skills and vocational training
in accordance with law.
2. Employment service centers established by state
management agencies in charge of employment have the tasks specified in Clause
1 of this Article and shall receive dossiers of request for unemployment
insurance and submit them to competent state agencies for decision.
Article 39. Employment
service enterprises
1. Employment service enterprise means an enterprise
established and operating under the law on enterprises and possessing an
employment service license granted by the provincial-level state management
agency in charge of employment.
2. An enterprise that fully satisfies the conditions on
physical foundations, equipment, staff and deposit shall be granted an
employment service license.
3. Employment service enterprises may establish employment
service branches.
4. Employment service enterprises may collect charges in
accordance with the law on charges and fees.
5. The Government shall detail this Article.
Article 40. Activities
of employment service enterprises
1. Providing job counseling and recommendation for workers
and employers.
2. Supplying and recruiting workers at the request of
employers.
3. Collecting and providing labor market information.
4. Analyzing and forecasting labor markets.
5. Providing occupational skills and vocational training in
accordance with law.
6. Implementing employment programs and projects.
Chapter VI
UNEMPLOYMENT INSURANCE
Section 1. PRINCIPLES, PARTICIPANTS AND BENEFITS OF
UNEMPLOYMENT INSURANCE
Article 41. Principles
of unemployment insurance
1. Ensuring risk sharing among unemployment insurance
participants.
2. The levels of payable unemployment insurance premiums
are based on wages of workers.
3. The levels of unemployment insurance benefits are based
on the levels and duration of payment of unemployment insurance premiums.
4. Unemployment insurance is implemented in a simple, easy
and convenient manner, promptly and adequately ensuring the interests of
unemployment insurance participants.
5. The Unemployment Insurance Fund is managed in a
centralized, uniform, public, transparent and safe manner and protected by the
State.
Article 42.
Unemployment insurance benefits
1. Unemployment allowance.
2. Job counseling and recommendation support.
3. Vocational training support.
4. Support for training and retraining to improve
qualifications of occupational skills for job maintenance for workers.
Article 43. Compulsory
participants in unemployment insurance
1. Workers are obliged to participate in unemployment
insurance when working under labor contracts or working contracts below:
a/ Labor contracts or working contracts of indefinite time;
b/ Labor contracts or working contracts of definite time;
c/ Seasonal or job-based working contracts with a term of
between full 3 months and under 12 months.
In case a worker has signed and is performing more than one
labor contract specified in this Clause, the worker and the employer under the
labor contract signed first shall participate in unemployment insurance.
2. Workers defined in Clause 1 of this Article who are
currently on pension or doing housework are not required to participate in
unemployment insurance.
3. Employers obliged to participate in unemployment
insurance include state agencies, public non-business units and people’s armed
forces units; political organizations, socio-political organizations,
socio-political-professional organizations, social organizations and
socio-professional organizations; foreign agencies and organizations and
international organizations operating in the Vietnamese territory; enterprises,
cooperatives, households, business households, cooperative groups, other
organizations and individuals that hire or employ workers under the labor
contracts or working contracts specified in Clause 1 of this Article.
Article 44.
Participation in unemployment insurance
1. Employers shall pay unemployment insurance premiums for
workers to social insurance organizations within 30 days from the effective
date of labor contracts or working contracts.
2. Monthly, employers shall pay unemployment insurance
premiums at the level specified at Point b, Clause 1, Article 57 of this Law
and make deductions from the wages of workers at the level specified at Point
a, Clause
1, Article 57 of this Law, for simultaneous payment to the
Unemployment Insurance Fund.
3. Based on the balance of the Unemployment Insurance Fund,
the State shall transfer supporting funds from the state budget to the Fund at
the level specified by the Government under Clause 3, Article 59 of this Law.
Article 45. Period of
payment of unemployment insurance premiums
1. The period of payment of unemployment insurance premiums
for receipt of unemployment insurance benefits is the total of consecutive or
interrupted periods of payment of unemployment insurance premiums from the
starting time of such payment to the time the worker terminates his/her labor
contract or working contract under law but during which he/she has not yet
received any unemployment allowance.
2. After a worker stops receiving unemployment allowance,
his/her previous period of payment of unemployment insurance premiums is not
counted for receiving unemployment allowance for the subsequent time. The
period of payment of unemployment insurance premiums for the subsequent receipt
of unemployment insurance benefits will be counted from the beginning, except
the case of stopping receiving unemployment allowance under Points b, c, h, l,
m and n, Clause 3, Article 53 of this Law.
3. The period of payment of unemployment insurance premiums
is not counted for receiving job loss allowance or severance pay under the laws
on labor and public employees.
Article 46. Receipt of
unemployment allowance
1. Within 3 months after terminating his/her labor contract
or working contract, a worker shall submit a dossier for receipt of
unemployment allowance to an employment service center established by the state
management agency in charge of employment.
2. Within 20 days after the employment service center
receives a complete dossier, the competent state agency shall issue a decision
on unemployment allowance receipt; in case the worker is ineligible for
receiving unemployment allowance, the center shall issue a written reply to the
worker.
3. The social insurance organization shall pay unemployment
allowance to the worker within 5 days after receiving a decision on
unemployment allowance receipt.
Section 2. SUPPORT FOR TRAINING AND RETRAINING TO IMPROVE
OCCUPATIONAL SKILLS QUALIFICATIONS FOR JOB MAINTENANCE FOR WORKERS
Article 47. Support
conditions, time and levels
1. Employers may receive financial support for training and
retraining to improve occupational skills qualifications for job maintenance
for the workers defined in Clause 1, Article 43 of this Law who currently pay
unemployment insurance premiums, when fully meeting the following conditions:
a/ Having fully paid unemployment insurance premiums for
workers obliged to participate in unemployment insurance for at least full 12
consecutive months by the time of request for support;
b/ Meeting difficulties due to economic recession or other
force majeure causes, forcing them to undergo restructuring or change
production and business technologies;
c/ Lacking funds for organizing training and retraining to
improve occupational skills qualifications for workers;
d/ Having a plan on training and retraining to improve
occupational skills qualifications for job maintenance, approved by a competent
state agency.
2. The duration of support for training and retraining to
improve occupational skills qualifications for job maintenance for workers must
comply with the approved plan, but must not exceed 6 months.
3. The Government shall detail this Article and specify the
levels of financial support for training and retraining to improve occupational
skills qualifications for job maintenance for workers, ensuring the balance of
the Unemployment Insurance Fund.
Article 48.
Responsibility for training and retraining to improve occupational skills
qualifications
1. Employers shall organize training and retraining to
improve occupational skills qualifications and use workers under approved
plans; use funds for eligible workers and proper purposes and report training
results to competent state agencies after completion of training or retraining
courses.
2. Workers shall abide by regulations on training and
retraining to improve occupational skills qualifications.
Section 3. UNEMPLOYMENT ALLOWANCE
Article 49. Conditions
for unemployment allowance receipt
A worker defined in Clause 1, Article 43 of this Law who
currently pays unemployment insurance premiums may receive unemployment
allowance when fully meeting the following conditions:
1. Terminating the labor contract or working contract,
except the following cases:
a/ He/she unilaterally terminates the labor contract or
working contract in contravention of law;
b/ He/she receives monthly pension or working capacity loss
allowance.
2. Having paid unemployment insurance premiums for at least
full 12 months within 24 months before terminating the labor contract or
working contract, for the case specified at Points a and b, Clause 1, Article
43 of this Law; or having paid unemployment insurance premiums for at least
full 12 months within 36 months before terminating the labor contract, for the
case specified at Point c, Clause 1, Article 43 of this Law.
3. Having submitted a dossier for receipt of unemployment
allowance to an employment service center under Clause 1, Article 46 of this
Law.
4. Having not yet found any job after 15 days from the date
of submission of the dossier for receipt of unemployment allowance, except the
following cases:
a/ He/she performs the military or public security
obligation;
b/ He/she attends a training course of full 12 months or
longer;
c/ He/she serves a decision on application of the measure
to send him/her to a reformatory, compulsory education institution or
compulsory detoxification establishment;
d/ He/she is kept in temporary detention or serves a prison
sentence;
dd/ He/she goes abroad for settlement or as guest worker;
e/ He/she dies.
Article 50. Levels,
duration and time of receipt of unemployment allowance
1. The monthly unemployment allowance level equals 60% of
the average monthly wage of 6 consecutive months before the worker becomes
unemployed on which unemployment insurance premiums are based, but must not
exceed 5 times the basic wage level, for workers receiving wages under the
State-prescribed regime, or must not exceed 5 times the region-based minimum
wage level under the Labor Code, for workers who pay unemployment insurance
premiums under the wage regime decided by employers at the time of termination
of the labor contract or working contract.
2. The duration of unemployment allowance receipt is based
on the number of months of payment of unemployment insurance premiums. This
duration is 3 months if the period of payment of unemployment insurance
premiums is between full 12 months and full 36 months, which is added with 1
month for each additional period of payment of full 12 months, but must not
exceed 12 months.
3. The time for unemployment allowance receipt is counted
from the 16 th day after the date of submission of a complete dossier for
receipt of unemployment allowance as specified in Clause 1, Article 46 of this
Law.
Article 51. Health
insurance
1. Persons on unemployment allowance are entitled to health
insurance benefits in accordance with the law on health insurance.
2. Social insurance organizations shall pay health
insurance premiums for persons on unemployment allowance from the Unemployment
Insurance Fund.
Article 52.
Notification of job seeking
1. While on unemployment allowance, monthly, a worker shall
directly notify his/her job seeking to the employment service center of the
locality where he/she currently receives unemployment allowance, except the
following cases:
a/ He/she is sick or on maternity leave or has an accident
as certified in writing by a competent health establishment prescribed by the
law on medical examination and treatment;
b/ Force majeure cases.
2. The worker shall notify the case specified at Point a or
b, Clause 1 of this Article to the employment service center of the locality
where he/she currently receives unemployment allowance.
3. The Ministry of Labor, War Invalids and Social Affairs
shall guide the implementation of this Article.
Article 53.
Suspension, resumption and termination of unemployment allowance receipt
1. Persons on unemployment allowance will be suspended from
receiving it if they fail to monthly notify their job seeking under Article 52
of this Law.
2. Workers who are suspended from receiving unemployment
allowance may continue receiving it under the decisions on unemployment
allowance receipt if the receipt duration has not yet expired and they monthly
notify their job seeking under Article 52 of this Law.
3. A person on unemployment allowance will stop receiving
it in the following cases:
a/ The duration of unemployment allowance receipt expires;
b/ He/she has found a job;
c/ He/she performs the military or public security service
obligation;
d/ He/she receives monthly pension;
dd/ He/she has twice refused without a plausible reason to
take up the job recommended by the employment service center of the locality
where he/she currently receives unemployment allowance;
e/ He/she fails to monthly notify his/her job seeking under
Article 52 of this Law for 3 consecutive months;
g/ He/she goes abroad for settlement or as guest worker;
h/ He/she attends a training course of full 12 months or
longer;
i/ He/she is administratively sanctioned for violations of the
law on unemployment insurance;
k/ He/she dies;
l/ He/she serves a decision on application of the measure
to send him/her to a reformatory, compulsory education institution or
compulsory detoxification establishment;
m/ He/she is declared by a court as missing;
n/ He/she is kept in temporary detention or serves a prison
sentence.
4. Workers who stop receiving unemployment allowance in the
cases specified at Points b, c, h, l, m and n, Clause 3 of this Article may
have the period of payment of unemployment insurance premiums reserved for
calculating the subsequent duration of receipt of unemployment allowance when
they fully satisfy the conditions specified in Article 49 of this Law.
The reserved period equals the total of the periods of
payment of unemployment insurance premiums minus the period during which the
worker has received unemployment allowance, with one month of receipt of
unemployment allowance equivalent to 12 months of payment of unemployment
insurance premiums.
Section 4. SUPPORT FOR JOB COUNSELING, RECOMMENDATION AND
TRAINING
Article 54. Job
counseling and recommendation
The workers defined in Clause 1, Article 43 of this Law who
currently pay unemployment insurance premiums, have their labor contracts or
working contracts terminated and wish to seek employment shall be provided with
free job counseling and recommendation.
Article 55. Conditions
for vocational training support
The workers defined in Clause 1, Article 43 of this Law who
currently pay unemployment insurance premiums are entitled to vocational
training support when fully meeting the following conditions:
1. The conditions specified in Clauses 1, 3 and 4, Article
49 of this Law;
2. Having paid unemployment insurance premiums for at least
full 9 months within 24 months before terminating labor contracts or working
contracts under law.
Article 56. Duration
and levels of vocational training support
1. The duration of vocational training support depends on
the actual duration of vocational training but must not exceed 6 months.
2. The vocational training support levels must comply with
the Prime Minister’s regulations.
Section 5. THE UNEMPLOYMENT INSURANCE FUND
Article 57. Levels of
contribution to, sources and use of, the Unemployment Insurance Fund
1. The levels of and responsibility to pay unemployment
insurance premiums are specified as follows:
a/ Workers shall pay unemployment insurance premiums equal
to 1% of their monthly wage;
b/ Employers shall pay unemployment insurance premiums
equal to 1% of the monthly wage fund of the workers currently participating in
unemployment insurance;
c/ The State shall provide at most 1% of the monthly wage
fund from the central budget as support for payment of unemployment insurance
premiums of workers currently participating in unemployment insurance.
2. Sources forming the Unemployment Insurance Fund include:
a/ Contributions and support specified in Clause 1 of this
Article;
b/ Profits from the Fund’s investment activities;
c/ Other lawful revenues.
3. The Unemployment Insurance Fund must be used for:
a/ Paying unemployment allowance;
b/ Supporting training and retraining activities to improve
occupational skills qualifications for job maintenance for workers;
c/ Supporting vocational training;
d/ Supporting job counseling and recommendation;
dd/ Paying health insurance premiums for workers on
unemployment allowance;
e/ Paying expenses for unemployment insurance management in
accordance with the Law on Social Insurance;
g/ Making investment for preservation and growth of the
Fund.
Article 58. Wages on
which unemployment insurance premiums are based
1. For workers who receive wages under the State-prescribed
regime, the monthly wage on which unemployment insurance premiums are based is
the monthly wage on which compulsory social insurance premiums are based under
the Law on Social Insurance. In case the monthly wage on which unemployment
insurance premiums are based is higher than the twenty months’ region-based
basic wage, the monthly wage on which unemployment insurance premiums will be
equal to the twenty months’ region-based basic wage at the time of payment of
unemployment insurance premiums.
2. For workers paying unemployment insurance premiums under
the wage regime decided by employers, the monthly wage on which unemployment
insurance premiums are based is the monthly wage on which compulsory social
insurance premiums are based under the Law on Social Insurance. In case the
monthly wage on which unemployment insurance premiums are based is higher than
the twenty months’ region-based minimum wage, the monthly wage on which
unemployment insurance premiums are based will be equal to the twenty months’
region-based minimum wage as prescribed by the Labor Code at the time of
payment of unemployment insurance premiums.
Article 59. Management
of the Unemployment Insurance Fund
1. The Unemployment Insurance Fund may apply independent
cost-accounting. Social insurance organizations shall collect, spend, manage
and use the Unemployment Insurance Fund.
2. The Unemployment Insurance Fund’s investment activities
must ensure safety, transparency, efficiency, and capital retrieval when
necessary, through:
a/ Buying bonds and bills of the State and bonds of
commercial banks with over 50% of charter capital owned by the State;
b/ Making investment in important projects under the Prime
Minister’s decisions;
c/ Providing loans for the state budget, the Vietnam
Development Bank, the Vietnam Bank for Social Policies, and commercial banks
with over 50% of charter capital owned by the State.
3. The Government shall detail the percentages of state
budget support; the management and use of the Fund; and the implementation of
unemployment insurance.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 60.
Transitional provisions
1. Enterprises that are granted job recommendation licenses
before the effective date of this Law may continue providing employment
services until these licenses expire.
2. Job recommendation centers that are established before
the effective date of this Law that continue providing employment services must
be renamed employment service centers.
3. Occupational skills assessment organizations that are
granted certificates for assessment and grant of certificates of national
occupational skills before the effective date of this Law may continue their
operation until these certificates expire.
4. The period during which workers have paid unemployment
insurance premiums under the Law on Social Insurance before the effective date
of this Law but have not yet received any unemployment allowance will be added
to the period of payment of unemployment insurance premiums under Article 45 of
this Law.
Article 61. Effect
1. This Law takes effect on January 1, 2015.
2. The provisions of Law No. 71/2006/QH11 on Social
Insurance regarding unemployment insurance and Chapter IX - Assessment and
Grant of Certificates of National Occupational Skills of Law No. 76/2006/QH11
on Vocational Training cease to be effective on the effective date of this Law.
Article 62.
Implementation detailing and guidance
The Government and other competent state agencies shall
detail and guide the implementation of articles and clauses as assigned in this
Law.
This Law was passed on November 16, 2013, by the XIIIth
National Assembly of the Socialist Republic of Vietnam, at its 6th session.-
CHAIRMAN OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |