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THE NATIONAL ASSEMBLY

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THE NATIONAL ASSEMBLY

Law No. 38/2013/QH13 dated 16 November 2013 of the National Assembly on employment

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Employment,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides for supporting policies in employment creation; information on labor market; assessment and issuance of national vocational skill certificates; organization and operation of employment services; unemployment insurance and state management on employment.

Article 2. Subject of application

This Law applies to employees, employers and other agencies, organizations and individuals pertaining to employment.

Article 3. Interpretation of terms

In this Law, the following terms are construed as follows:

1. Employees are Vietnamese citizens from 15 years old and above, capable of working, and having employment need

2. Employments are labor activities that generate incomes without being prohibited by laws.

3. Criteria on national vocational skills are provisions on professional knowledge, practice capacity and possibility of application of such knowledge or capacity in works that employees must have in order to do works according to each skill level of each vocation.

4. Unemployment insurance is regulations aiming at making up a part of incomes of employee when he or she is out of works, supporting employee to get vocational training and maintenance of employment or to seek employment on the basis of contribution to the Unemployment Insurance Fund.

5. The public employment means temporary work paid remuneration, generated through implementation of projects or activities that use the state's budgets in association with social-economic development programs in the localities of communes, wards and towns (below collectively preferred to as commune-level)

Article 4. The principle of employment

1. Ensuring the rights of working, freely choosing jobs and working places.

2. Being equitable in term of employment opportunities and incomes.

3. Ensuring working in labor safety and hygiene conditions.

Article 5. State policies for employment

1. To have policies for social-economic developments in order to create jobs for employees, determine objectives of employment creation in the social-economic development plans or strategies; to arrange human resources for implementing employment policies.

2. To encourage organizations, individuals to participate in employment creation and self-employment having incomes of minimum salary and more, as to contribute to the social-economic development and development of labor market.

3. To have policies in supporting employment creation, development of labor market and unemployment insurance.

4. To have policies in doing assessment, granting certificates of national vocational skills in association with improvement of vocational skills.

5. To have preferential policies for branches, vocations that use employees of high professional qualifications or use many employees appropriate with social-economic development conditions.

6. To support employers who use many employees being disable people, female employees or employees being ethnic minority people.

Article 6. Contents of state management on employment

1. To promulgate and organize the implementation of the legal normative documents on employment.

2. To propagate, diffuse and educate law on employment.

3. To control laborers and information on labor markets; do assessments and grant certificates of national vocational skills; and provide unemployment insurance.

4. To manage the organizations and activities of employment services centers and enterprises operating employment services.

5. To check, inspect, settle complaints and denouncements; to handle violations of legal provisions on employment.

6. To have international cooperation on employment.

Article 7. State-management competency on employment

1. The State unifies the state management over employment in the country.

2. The Ministry of Labor - War Invalids and Social Affairs is responsible before the Government for implementation of the state management over employment.

Ministries, ministerial-level agencies to the extent of their duties and power shall implement and coordinate with the Ministry of Labor - War Invalids and Social Affairs in the state management over the employment.

3. The People's Committees at all levels to the extent of their duties and power shall implement the state management over the employment in their respective localities.

Article 8. Responsibilities of agencies, organizations and individuals on employment

1. The Vietnam’s Fatherland Front and its organizational members to the extent of their duties and power are responsible for propagating and educating, approaching agencies, enterprises, units, organizations and individuals to create jobs for employees; coordinating with state agencies in planning and supervising the implementation of policies and law on employment in accordance with legal provisions.

2. State agencies, organizations to the extent of their duties and power are responsible for propagating, educating and defusing policies and law on employment; creating jobs; protecting legitimate rights and interests of employees and employers in accordance with legal provisions.

3. Individuals are responsible for actively seeking jobs and participating in employment creation.

Article 9. Prohibited acts

1. Having discriminatory treatment in employment and vocation.

2. Violating bodies, honor, dignity, properties, legitimate rights and interests of employees or employers.

3. Recruiting, employing employees to do works in contravention of legal provisions.

4. Enticing, promising and deceitfully advertising in order to cheat employees or taking advantages of employment services, information on labor market in order to carry out acts in contravention of laws.

5. Cheating, forging dossiers during implementation of employment policies.

6. Hindering, creating obstacles or damaging legitimate rights and interests of employees or employers.

Chapter 2.

SUPPORTING POLICIES FOR EMPLOYMENT CREATION

SECTION 1. PREFERENTIAL CREDIT POLICY FOR EMPLOYMENT CREATION

Article 10. Preferential credit for employment creation

The State executes policies on preferential credits from the National Funds of employments and other sources of credits in order to support employment creation, to maintain and extend employment.

Article 11. The National Fund of employments

1. Sources contributing to the National Fund of employments are comprised of:

a) The State Budget;

b) Sources of supporting from organizations, individuals in the country and abroad;

c) Other valid sources.

2. Management, allocation of the National Fund of employments shall comply with legal provisions.

Article 12. Subjects getting loans from the National Fund of employments

1. Subjects being entitled to get loans from the National Fund of employments

a) Small and medium-sized enterprises, cooperatives, cooperative groups, household businesses;

b) Employees.

2. Subjects defined in Clause 1 of this Article belonging to the following cases shall be entitled to get loans from the National fund of employments with lower interest rates:

a) Small and medium-sized enterprises, cooperatives, cooperative groups or household businesses using many employees who are disable people or ethnic minority people;

b) Ethnic minority people living in areas with extremely difficult social-economic conditions or disable people.

Article 13. Conditions for borrowing loans

1. Subjects defined in Point a of Clause 1 of Article 12 of this Law shall be entitled to get loans from the National fund of employments as they fully meet the following conditions:

a) Having projects with feasible loans at the localities, being appropriated to sectors or professions of production or business, attracting additional employees to come and work regularly;

b) The loan-borrowing projects must be certified by competent state agencies or organization where such projects are located;

c) Having guarantees for such loans.

2. Subjects defined in Point b of Clause 1 of Article 12 of this Law shall be entitled to get loans from the National fund of employments as they fully meet all the following conditions:

a) Having capacity of civil acts in full;

b) Having demand in getting loans for self-employment creation or attracting additional employees and being confirmed by competent state agencies or organizations where such projects are located;

c) Living legally at localities where projects are located.

3. The Government shall provide for levels of loans, terms of loans, loan interests, order and procedures for getting loans and conditions for guarantee of loans.

Article 14. Giving preferential loans from other sources of credits for supporting employment creation

Based on social-economic conditions in each period, the State uses other sources of credits in order to provide preferential loans for implementation of indirect policies for supporting employment creation.

SECTION 2. SUPPORTING POLICIES FOR EMPLOYMENT RELOCATION OF EMPLOYEES IN RURAL AREAS

Article 15. Supporting changes of occupations or employments for employees in rural areas

1. Based on strategies or plans of social-economic developments, the State provides supports in changes of occupations or employments for employees in rural areas.

2. Employees in rural areas participating in changes of occupations, employments shall be entitled to the following regulations:

a) Apprenticeship supports;

b) Free consultancy on policies, law on labor, employment and Apprenticeship;

c) Free introduction of jobs;

Getting loans from the National fund of employments shall comply with provisions in Articles 11, 12 and 13 of this Law.

Article 16. Providing Apprenticeship support for employees in rural areas

Employees in rural areas having vocational training less than 03 months or having primary-level vocational training at vocational training establishments being supported with Apprenticeship fees according to provisions of the Prime Minister.

Article 17. Supporting small and medium-sized enterprises, cooperatives, cooperative groups, household businesses in creating jobs for employees in rural areas

Small and medium-sized enterprises, cooperatives, cooperative groups and household businesses shall be supported by the State in developments of production, business and extend of local employments for employees in rural areas through the following activities:

1. Getting loans from the National fund of employments as specified in Articles 11, 12 and 13 of this Law;

2. Supporting in providing information on market for product sale;

3. Being exempt from or reduced of taxes in accordance with legal provisions on taxes.

SECTION 3. POLICIES ON PUBLIC EMPLOYMENTS

Article 18. Contents of policies on public employments

1. Policies on public employments shall be carried out through projects or activities using the state budget in association with programs for social-economic developments in commune-level areas, including:

a) Building infrastructures for serving agricultural manufacture, forestry, fishing and salt-making;

b) Building public infrastructures;

c) Environmental protection;

d) Coping with climate changes;

e) Projects and other public serving activities in the localities.

2. When projects and activities defined in Clause 1 of this Article carry out selection of contractors in accordance with law on bidding, the bidding dossiers or the request dossier must provide provisions on contractors participating in biddings shall propose plans to use employees who are under provisions of Clause 1 of Article 19 of this Law.

3. The Government shall detail the implementation of public employment.

Article 19. Subjects of participation

1. Employees shall be entitled to participate in policies of public employments when they fully meet the following conditions:

a) To legally reside at the localities where projects are locating and operating;

b) To participate in policies of public employments on a voluntary basis.

2. Employees specified in Clause 1 of this Article are ethnic minority persons; persons of poor households, households living just above the poverty line or households having agricultural lands withdrawn; persons having no jobs or lack of jobs shall be prioritized in participating in policies of public employments.

3. Organizations, individuals using employees as specified in Clause 1 of this Article are encouraged to executive projects, activities which are not under provisions of Clause 1 of Article 18 of this Law.

SECTION 4. OTHER SUPPORTING POLICIES

Article 20. Supports in sending employees for working in overseas in accordance with contracts

1. The Government encourages and creates favorable conditions for employees who have demands and capabilities to work in foreign countries on a contractual basis.

2. Employees being ethnic minority persons; persons of poor households, households living just above the poverty line or households having agricultural lands withdrawn; relatives of people with meritorious services to the revolution who have demands in working in overseas on a contractual basis shall be supported by the State:

a) Apprenticeship, foreign languages learning; understanding of habits, customs, laws of Vietnam and of foreign countries which receive Vietnamese laborers;

b) Training, improving vocational skill qualifications to meet requirements of labor-receiving countries;

c) Getting loans with preferential interests.

3. The Government shall detail supporting policies on sending laborers to work in overseas on a contractual basis as specified in this Article.

Article 21. Supports in employment creation for youths

1. The State encourages organizations, individuals to settle employments for youths; to facilitate youths in raising their sense of initiative, creativity in employment creation.

2. The State shall support employment creation for youths through the following activities:

a) Consultancy, orientation of careers and introduction of jobs to youths on a free-of-charge basis;

b) Vocational training is associated with employment creation for youths who completed their military obligations, police obligations, voluntary youths who completed their tasks in implementation programs or projects of social-economic developments;

c) Support youths in starting their business or establishing their enterprises.

3. The Government shall detail Point b and Point c of Clause 2 of this Article.

Article 22. Supporting in development of labor market

The Government supports the development of labor market through the following activities:

1. To collect, provide information on labor market; to analysis, predict labor market and link demand and supply of laborers;

2. To modernize employment service activities and information system of labor market;

3. To invest in improving capacities of employment service centers;

4. To encourage organizations, individuals to participate in development of labor market.

Chapter 3.

INFORMATION ON LABOR MARKET

Article 23. Contents of information on labor market

1. Situation and trend of employment.

2. Information on demand and supply of laborers, changes of demand and supply in the labor market.

3. Information on laborers who are foreign citizens working in Vietnam and Vietnamese laborers working in overseas on a contractual basis.

4. Information on salaries, wages.

Article 24. Management of information on labor market

1. The statistical state-management agencies shall organize collection, notification and set up, manage databases of information on labor market which is a criteria of national statistics in accordance with statistical laws.

2. The Ministry of Labor-War Invalids and Social Affairs shall chair, coordinate with ministries, relevant state agencies being responsible for collecting and announcing information on labor market under their in-charge branches, sectors beyond information on labor market under the system of national statistical criteria; to promulgate regulations on management, exploitation, use and circulation of information on labor market; to build information networks and databases of labor market.

3. People's Committee at all levels shall manage information on labor market in their respective localities within their tasks and competence.

4. State agencies specified in Clauses 1, 2 and 3 of this Article shall be responsible for notifying information on labor market periodically.

Article 25. Collection, storage and summing up of information on labor market

1. The Ministry of Labor-War Invalids and Social Affairs shall organize, guide the collection, storage and summing up of information on labor market under its competency as specified in Clause 2 of Article 24 of this Law.

2. People's Committees at all levels shall organize the collection, storage and summing up of information on labor market in their respective localities of management.

3. Agencies, organizations, enterprises and individuals shall collect, store and sum up information on labor market in compliance with legal provisions.

Article 26. Provision of information on labor market

Agencies, organizations, enterprises and individuals shall be responsible for providing information on labor market in compliance with legal provisions, in a timely and precisely manner.

Article 27. Analysis, prediction and dissemination of information on labor market

1. The Ministry of Labor - War Invalids and Social Affairs shall lead the analysis, prediction and dissemination of information on labor market under its competency.

2. People's Committees at all levels shall organize the analysis, prediction and dissemination of information on labor market under their respective localities of management.

Article 28. Assurance of safety, security and storage of information on labor market

1. Information on labor market under the process of building, operating and upgrading information network and database on labor market must be assured in term of safety.

2. Information on labor market under security shall comprise:

a) Information on labor market which is associated with name, specific address of each organization or individual, except otherwise agreed upon by such organization or individual for announcement;

b) Information on labor market under the process of collection, compilation has not been notified by competent person;

c) Information on labor market under the list of state-owned secrets in compliance with legal provisions.

3. State agencies, organizations, enterprises and individuals exploiting, using information on labor market shall be responsible for ensuring the safety, security and storage of information in accordance with provisions of this Law and other relevant provisions.

Chapter 4.

ASSESSMENT AND GRANT OF THE NATIONAL VOCATIONAL SKILL CERTIFICATES

Article 29. Objectives of assessment and grant of the national vocational skill certificate

1. Assessment and grant of the national vocational skill certificate is aimed at accreditation of vocational skill levels according to qualification of employees.

2. Employees shall be participated in the assessment, grant of national vocational skill certificates in order to complete their vocational capabilities and find suitable jobs or jobs that require to have national vocational skill certificates.

Article 30. Principals, contents of the assessment of national vocational skills

1. The assessment of national vocational skills shall comply with the following principals:

a) To ensure the voluntariness of employees;

b) To base on the criteria of national vocational skills;

c) To follow each level of qualification skill of each vocation;

d) Accuracy, independence, objectiveness, impartiality and transparence.

2. Contents of the assessment of national vocational skills shall comprise:

a) Professional and technical knowledge;

b) Work practicing skills;

c) Process of labor safety and hygiene.

Article 31. The vocational skill assessment organization

1. The vocational skill assessment organization is an organization operating with conditions and is being granted with the certificate of operation in assessment and grant of national vocational skill certificates by a competent state agency.

2. A vocational skill assessment organization shall be granted with the Certificate of operation in assessment and grant of national vocational skill certificates when it fully meets conditions on material facilities, equipments and human source.

3. The vocational skill assessment organization shall be entitled to collect charges in accordance with laws on fees and charges.

4. The Government shall detail conditions, organization and activities of appraisal and grant of national vocational skill certificate.

Article 32. Elaboration and notification of national vocational skill criteria

1. The national vocational skill criteria is elaborated according to each qualification level of vocational skill for each vocation and qualification frame of national vocational skills. Number of qualification level of vocational skill shall depend on complicated level of each vocation.

2. Ministers, heads of ministerial-level agencies, heads of governmental agencies shall be responsible for development of national vocational skill criteria for each vocation under their managerial sectors and suggest the Ministry of Labor - War Invalids and Social Affairs to do appraisals, notifications of national vocational skill criteria.

3. The Ministry of Labor - War Invalids and Social Affairs shall provide guide on elaboration, appraisal and notification of the national criteria of vocational skills.

Article 33. The national vocational skill certificate

1. Employees meeting requirements of which qualification level of vocational skill shall be granted with the national vocational skill certificate of such qualification level in accordance with provisions of the Ministry of Labor-War Invalids and Social Affairs.

2. The Certificate of national vocational skill shall be valid within the whole country. In case there is a accreditation and mutual recognition regarding the national vocational skill certificate between Vietnam with another country or territory, then the national vocational skill certificate shall be also valid at such country or territory and vice versa.

Article 34. Rights and obligations of employees who participate in appraisal and grant of the national vocational skill certificate

1. Employees who participate in the appraisal and grant of the national vocational skill certificate shall have the following rights:

a) To select an organization doing appraisal of vocational skills;

b) To be granted with the national vocational skill certificate when he/she meet requirements on appropriate vocational qualification skills

c) To lodge complaints on results of the appraisal of national vocational skills in accordance with laws.

2. Employees participating in the appraisal and grant of the national vocational skill certificate shall have the following responsibilities:

a) To comply with intramural regulations and rules on appraisal and grant of the national vocational skill certificate by the organization on appraisal of vocational skills;

b) To submit the charges for appraisal and grant of the national vocational skill certificate in compliance with legal provisions.

Article 35. Jobs which require laborers to have the national vocational skill certificate

1. Employees doing works that directly affect to the safety and health of themselves or of the public community shall need to have the national vocational skill certificate.

2. The Government shall provide for the list of works as specified in Clause 1 of this Article.

Chapter 5.

ORGANIZATION AND OPERATION OF EMPLOYMENT SERVICES

Article 36. Employment Services

1. Employment services shall include: consultancy, job introduction; supply and recruitment of laborers according to requirements of employers; collection and supply of information on the labor market.

2. Employment services organizations include employment services centers and enterprises operating in employment services.

Article 37. Employment services centers

1. Employment services centers are public non-business units, including:

a) Employment services centers established by state management agencies;

b) Employment services centers established by socio-political organizations.

2. Employment services centers being established must be conformable to the plan which was approved by the Prime Minister and have efficient conditions on material facilities, equipments, man power as provided for by provisions. Ministers, Heads of ministerial-level agencies, Chairmen of provincial-level People's Committees (below collectively referred to as provincial-level) shall decide to establish employment services centers as defined in point a of clause 1 of this Article; heads of centrally-run socio-political organizations shall decide to establish employment services centers as defined in point b of clause 1 of this Article.

3. The Government shall detail conditions of establishment, organization and operation of employment services centers.

Article 38. Tasks of employment services centers

1. Employment services centers shall have the following tasks:

a) To consult, introduce jobs to employees and provide free-of-charge information on labor market;

b) To supply and recruit employees as per requirements of employers;

c) To collect information on labor market;

d) To analyze and give prediction on labor market;

e) To execute employment programs and projects;

f) To give skill and vocational training in accordance with laws;

2. Employment services centers which are established by the state-management agencies on employments shall comply with provisions as defined in clause 1 of this Article and implement the reception of dossiers on enjoying unemployment insurance for submission to the competent state agencies for decisions.

Article 39. Employment service enterprises

1. An employment service enterprise is an enterprise being established and operates in accordance with law on enterprise and must have the license on employment service operation granted by a provincial-level state management agency on employment.

2. An enterprise shall be granted with a license on employment services operation when it fully meets conditions on material facilities, equipments, manpower and collateral payment.

3. The employment services enterprise is permitted to establish employment services branches.

4. The employment services enterprise is permitted to collect fees in accordance with laws on fees and charges.

5. The Government shall detail this Article.

Article 40. Activities of employment service enterprises

1. To consult, introduce jobs to employees, employers.

2. To supply and recruit laborers based on requirements of employers.

3. To collect and provide information on labor market.

4. To analyze and give prediction on labor market.

5. To provide skill and vocational training in accordance with legal provisions.

6. To execute employment programs, projects.

Chapter 6.

UNEMPLOYMENT INSURANCE

SECTION 1. PRINCIPALS, OBJECTIVES, REGIME OF EMPLOYMENT INSURANCE

Article 41. Principals of unemployment insurance

1. To assure risk sharing between people who participate in unemployment insurance.

2. Payment levels of unemployment insurance shall be paid on basis of salaries of employees.

3. Levels of unemployment insurance benefits shall be counted on basis of payment levels and unemployment insurance duration.

4. The implementation of unemployment insurance must be simple, easy, convenient and ensure rights of the participating people on a timely and fully basis.

5. The unemployment insurance fund shall be managed in a uniform, democratic, open and transparent manner, be assured safety and be protected by the State.

Article 42. Unemployment insurance regimes

1. Unemployment allowance.

2. Supporting in consultancy and employment introduction.

3. Supporting in apprenticeship.

4. Supporting in training, improving and upgrading qualification of vocational skills in order to maintain jobs for employees.

Article 43. Compulsory objects of unemployment insurance

1. Employees must participate in unemployment insurance when they work based on labor contracts or working contracts as follows:

a) Indefinite-term labor contracts or working contracts;

b) Definite-term labor contracts or working contracts;

c) Seasonal or specific-job labor contracts with terms under 12 months.

In case an employee signed and is performing many labor contracts as provided for in this Clause, the employee and the employer in the firstly-signed labor contract shall be responsible for participating in unemployment insurance.

2. Employees as defined in Clause 1 of this Article who are taking pension salaries or performing housework shall not be required to participate in unemployment insurance.

3. Employers participating in unemployment insurance shall include state agencies, public non-business units, people’s armed force units; political organizations, socio-political organizations, vocational-socio-political organizations, social organizations; socio-vocational organizations; foreign agencies, foreign organizations and international organizations operating within the territory of Vietnam; enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals employing and using laborers based on labor contracts or working contracts as defined in Clause 1 of this Article.

Article 44. Participating in unemployment insurance

1. Employers must register unemployment insurance for their laborers at social insurance organizations within 30 days, since the date of signing labor contracts or the effective day of labor contracts.

2. Every month, employers shall pay unemployment insurance premiums according to levels as defined in Point b of Clause 1 of Article 57 of this Law and make deduction from the salary of each employee according to level as defined in Point a of Clause 1 of Article 57 of this Law for payment at a time into the Social Insurance Fund.

3. Based on balancing situation of the Social Insurance Fund, the State shall transfer supporting budget from the State budget into the Fund at level specified by the Government according to provisions of Point 3 of Article 59 of this Law.

Article 45. Period for payment of unemployment insurance premiums

1. Period for payment of unemployment insurance premiums in order to be considered for receiving unemployment insurance is the total of periods that unemployment insurance premiums have been paid continuously or interruptedly being cumulatively added since starting payment of unemployment insurance premiums till the employee terminates a labor contract or a working contract according to legal provisions but has not been received unemployment insurance allowance.

2. After stop taking unemployment insurance allowance, the previous period for payment of unemployment insurance premiums of an employee shall not be counted to enjoy unemployment insurance allowance for next time. The period for payment of unemployment insurance premiums for receiving unemployment insurance allowance in next time shall be counted from the beginning, except cases of termination of receiving unemployment insurance allowance as specified in points b, c, h, l, m and n of clause 3 of Article 53 of this Law.

3. The period for payment of unemployment insurance premiums of an employee which is not counted for receiving unemployment insurance allowance or severance allowance in accordance with legal provisions on labor and public officials.

Article 46. Receiving unemployment insurance allowance

1. Within 03 months, since the date of terminating a labor contract or a working contract, the employee shall submit a dossier for receiving unemployment insurance allowance to an employment services center which was established by the employment state-management agency.

2. Within 20 days, since the date the employment services center received a sufficient dossier, the competent state agency shall issue a decision for receiving unemployment insurance allowance; in case of ineligibility to receive unemployment insurance allowance, the employee must be responded in writing.

3. The social insurance organization shall settle the payment of unemployment insurance allowance to an employee within 05 days, since the date of receiving the decision on receiving unemployment insurance allowance.

SECTION 2. SUPPORTING IN TRAINING, IMPROVING OR UPGRADING QUALIFICATIONS OF VOCATIONAL SKILLS TO KEEP JOBS FOR EMPLOYEES

Article 47. Conditions, periods and supporting levels

1. The employer shall be provided with financial support for training, improving, upgrading the qualification of vocational skills in order to keep jobs for their employees as specified in clause 1 of Article 43 of this Law who are paying unemployment insurance premiums when they fully meet all the following conditions:

a) To fully pay unemployment insurance premiums for employees under objects of unemployment insurance continuously from full 12 months or more as at the time of suggesting for support;

b) To face difficulties due to economic slump or due to other force majeure forcing to change structure or technology of production, business;

c) To have no finance for organization of training, improving or upgrading qualification of vocational skills for employees;

d) To have plans of training, improving or upgrading qualification of vocational skill or keeping jobs which were approved by the competent state agency.

2. Period of supporting for training, improving or upgrading qualification of vocational skills to keep jobs for employees shall comply with the approved plan and must not exceed 06 months.

3. The Government shall detail this Article and levels of financial support for training, improving, upgrading qualifications of vocational skills to keep jobs for employees, ensuring balance of the Unemployment Insurance Fund.

Article 48. Responsibilities in training, improving, upgrading the qualification of vocational skills

1. Employers shall be responsible for organization of training, improving, upgrading qualification of vocational skills and using laborers in accordance with the approved plans; using the budget for right objects, objectives and doing report on results of the organization of training to the competent state agency after concluding the course of training, improving or upgrading qualifications of vocational skills.

2. Employees shall be responsible for implementing legal provisions on training, improving, upgrading qualification of vocational skills.

SECTION 3. UNEMPLOYMENT ALLOWANCE

Article 49. Conditions for enjoyment

Employees as defined in clause 1 of Article 43 of this Law who are paying unemployment insurance premiums shall enjoy unemployment allowance when they fully meet all the following conditions:

1. Terminating labor contracts or working contracts, except the following cases:

a) Employees unilaterally terminate labor contracts or working contracts in contrary to laws;

b) Enjoyment of monthly pension salaries or working capacity loss allowances;

2. Having paid unemployment insurance premiums for full 12 months or more within 24 months before termination of labor contracts or working contracts in cases as specified in point a and point b of clause 1 of Article 43 of this Law; having paid unemployment insurance premiums for full 12 months or more within 36 months before termination of labor contracts or working contracts as specified in point c of clause 1 of Article 43 of this Law;

3. Having submitted dossiers for enjoyment of unemployment allowances at the employment services center as specified in clause 1 of Article 46 of this Law;

4. Having no jobs after 15 days, since the date of submission of dossiers for enjoyment of unemployment allowance, except the following cases:

a) Performing the military service obligations, police obligations;

b) Studying with terms of full 12 months or more;

c) Serving a decision on application of administrative handling measures at reformatory, compulsory education camp, compulsory rehabilitation establishment;

d) Being temporarily imprisoned, serving an imprisonment penalty;

e) Being resided in overseas; working in overseas according to contracts;

f) Being died.

Article 50. Premium rates, duration and starting time for enjoying unemployment allowances

1. The monthly level of unemployment allowance entitlement shall be 60% of the average monthly salary of 06 months before unemployment, but the maximum rate shall not exceed 05 times of basic salary for employees subject to the salary regime set by the state or not exceed 05 times of regional minimum salary level as specified in the Labor Code for employees subject to salary regime set by employers at the time the labor contracts or working contracts are terminated.

2. Duration of unemployment allowance entitlement shall be calculated according to numbers of months of paying unemployment insurance premiums, if premiums have been paid for between full 12 months and under 36 months then the employee shall be eligible for 03 months of unemployment allowances, after that, if premiums have been paid for an additional and full 12 months then the employee shall be eligible for 01 month of unemployment allowances but maximum must not exceed 12 months.

3. The starting time for enjoying unemployment allowances shall be calculated from the 16th day, since the date of submitting a sufficient dossier on unemployment allowance entitlement as specified in clause 1 of Article 46 of this Law.

Article 51. Health insurance

1. Persons who are on unemployment allowance shall be entitled to health insurance regime in accordance with legal provisions on health insurance.

2. Social insurance organizations shall pay health insurance premiums for persons who are on unemployment allowance from Unemployment Insurance Fund.

Article 52. Notification on job seeking

1. During the period of enjoying unemployment allowance, employees shall directly and monthly inform the employment services centers where they are getting unemployment allowance about their job seeking, except the following cases:

a) Employees are sick or get pregnant or have accidents, with the certification of competent medical establishments in accordance with legal provisions on medical examination and treatment;

b) Force majeure.

2. For cases as specified in point a and point b of clause 1 of this Article, employees shall be responsible for notifying employment services centers where they are getting unemployment allowance.

3. The Ministry of Labor – War Invalids and Social Affairs shall guide the implementation of this Article.

Article 53. Suspension, continuance and termination of unemployment allowance entitlement

1. Persons who are on unemployment allowance shall be suspended from enjoying unemployment allowance when they do not inform about their monthly job seeking as specified in Article 52 of this Law.

2. Employees who are suspended from enjoying unemployment allowance shall be continued enjoying unemployment allowance when they do notification on their monthly job seeking in accordance with Article 51 of this Law, if the enjoying period has not been expired yet in according to the decision.

Persons who are on unemployment allowance shall be terminated from enjoying unemployment allowance in the following cases:

a) The period of enjoying unemployment allowance is expired;

b) Having found jobs;

c) Performing the military service obligation, police obligation;

d) Enjoying monthly pension salary;

e) Having twice refusal in taking jobs recommended by employment services center where employees are getting unemployment allowances without plausible reasons;

f) Having no notification on monthly job seeking as specified in Article 52 of this Law within 03 consecutive months;

g) Going to overseas for residence or working based on contracts;

h) Studying with terms of full 12 months or more;

i) Being sanctioned administratively on violation acts of legal provisions on unemployment insurance;

k) Being died;

l) Serving a decision on application of administrative handling measures at reformatory, compulsory education camp, compulsory rehabilitation establishment;

m) Being declared missing by the Court;

n) Being held in custody; serving prison sentences.

4. Employees being terminated from enjoying unemployment allowance under cases as specified in points b, c, h, l, m and n of clause 3 of this Article shall be entitled to reserve the period of paying unemployment insurance premiums which serve as the basis for calculation of the next period of unemployment allowance entitlement as meeting full conditions as specified in Article 49 of this Law.

Reservation duration shall be calculated according to the total duration of paying unemployment insurance premiums minus the duration of receiving unemployment allowance, on the principal that each month of enjoying unemployment allowance shall be equivalent to 12 months of unemployment insurance premiums paid.

SECTION 4. SUPPORT IN CONSULTANCY, JOB INTRODUCTION, APPRENTICESHIP

Article 54. Job consultancy and introduction

Employees as specified in clause 1 of Article 43 of this Law who are paying unemployment insurance premiums and being terminated from labor contracts or working contracts and having demands in seeking jobs shall be consulted and introduced job on a free-of-charge basis.

Article 55. Conditions for being supported with apprenticeship

Employers as defined in clause 1 of Article 43 of this Law paying unemployment insurance premiums shall be supported with apprenticeship as they fully meet the following conditions:

1. Meeting all conditions as defined in clauses 1, 3 and 4 of Article 49 of this Law;

2. Having unemployment insurance premiums fully paid for 09 months or more within 24 months before termination of labor contracts or working contract in compliance with laws.

Article 56. Duration and support level for apprenticeship

1. Support duration for apprenticeship shall be based on the actual duration of apprenticeship but not more than 06 months.

2. Support level for apprenticeship shall comply with provisions of the Prime Minister.

SECTION 5. UNEMPLOYMENT INSURANCE FUND

Article 57. Levels, sources for establishment and use of the Unemployment Insurance Fund

1. Levels and obligation in payment of unemployment insurance premiums are governed as follows:

a) Employees shall pay 1% of their monthly salaries;

b) Employers shall pay 1% of the monthly salary fund of employees who participate in unemployment insurance;

c) The State shall provide a maximum support of 1% of the monthly salary fund of employees who participate in unemployment insurance and be ensured by the state budget

2. Sources for formation of the Unemployment Insurance Fund shall comprise:

a) Premiums paid and supported under the provisions of clause 1 of this Article;

b) Profits from activities of investment from the fund;

c) Other lawful sources of revenues;

3. The Unemployment Insurance Fund shall be used as follows:

a) Payment of unemployment allowances;

b) Support for training, improving, upgrading qualification of vocational skills in order to keep jobs for employees;

c) Support for apprenticeship;

d) Support for consultancy, introduction of jobs

e) Payment of health insurance for persons who are enjoying unemployment allowances;

f) Expenses for management of unemployment insurance shall comply with provisions of the Law on Social Insurance;

g) Investment for preservation and development of the Fund.

Article 58. Salaries being the basis for payment of unemployment insurance premiums

1. For employees being objects of implementation of salary regime as set by the State, the monthly salaries for payments of unemployment insurance premiums are salaries being served as the basis for payment of compulsory social insurance premiums under provisions of the Law on Social Insurance. In case the monthly salary for payment of unemployment insurance premiums are higher than twenty months of the basic salary, the monthly salary for payment of unemployment insurance premiums shall be equivalent to twenty months of basic salary at the time of paying unemployment insurance premiums.

2. Employers paying unemployment insurance premiums according to the salary regime which were decided by the employers then the monthly salaries for payment of unemployment insurance are the salaries being the basis for payment of compulsory social insurance in compliance with provisions of the Law on Social Insurance. In case the monthly salary for payment of unemployment insurance premiums are higher than twenty months of the regional minimum salary, then the monthly salary for payment of unemployment insurance premiums shall be equivalent to twenty months of the regional minimum salary according to provisions of the Labor Code at the time of paying unemployment insurance premiums.

Article 59. Management of Unemployment Insurance Fund

1. The Unemployment Insurance Fund shall be accounted independently. The social insurance organizations shall implement the receipts, expenditure, management and use of the Unemployment Fund.

2. Investment activities from the Unemployment Insurance Fund must make sure safety, transparency, effectiveness and be reclaimed when necessary, through the following forms:

a) Buying debentures, credit papers, bonds of the State; debentures of commercial banks in which the State owns more than 50% of the charter capital;

b) Investment in key national projects according to decisions of the Prime Minister;

c) For the state budget, the Vietnam’s Development Bank (VDB), Vietnam Bank for Social Policies (VBSP), state-run commercial banks in which the State owns more than 50% of the borrowing charter capital.

3. The Government shall detail the supporting percentage from the state budget; management, use of the Fund; organization of the implementation of unemployment insurance.

Chapter 7.

IMPLEMENTATION PROVISIONS

Article 60. Transition provisions

1. Enterprises which have been granted with the License on employment recommendation operation before the effective date of this Law shall be continued operating in employment recommendation until the expiry date of the granted License.

2. Employment introduction centers being established before the effective date of this Law and continue operating in employment services shall change their names to employment services centers.

3. The vocational skill assessment organization which was granted with the certificate of operation on assessment and grant of national vocational skill certificates before the effective date of this Law shall continue its operation until the expiry date of the granted certificate.

4. The duration for which laborers paid unemployment insurance premiums under the provisions of the Law on Social Insurance before the effective date of this Law but have not yet received unemployment allowances shall be counted as duration for which unemployment insurance premiums have been paid in accordance with Article 45 of this Law.

Article 61. Implementation effect

1. This Law takes effect on January 01, 2015.

2. All provisions on unemployment insurance under the Law on Social Insurance No. 71/2006/QH11; Chapter IX – Assessment, grant of the national vocational skill certificates under the Law on Vocational Training No. 76/2006/QH11 shall be annulled since the effective date of this Law.

Article 62. Detailed provisions and implementation guidance

The Government and other competent state agencies shall detail and guide the implementation of articles, 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.

The Chairman of the National Assembly

Nguyen Sinh Hung

 

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