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