Law No. 38/2013/QH13 of 16 November 2013, on employment
NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness --------------- |
Law No: 38/2013/QH13
|
Hanoi, 16 November 2013
|
LAW
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 knowledges;
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 intermural 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.
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.
CHAIRMAN OF
THE NATIONAL ASSEMBLY
Nguyen Sinh Hung |
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