Vietnam: What is Circular 15/2023/TT-BLDTBXH on unemployment insurance about? On what date will Circular 15/2023/TT-BLDTBXH come into force?
What is Circular 15/2023/TT-BLDTBXH on unemployment insurance in Vietnam about?
On December 29, 2023, the Minister of Labor, War Invalids and Social Affairs issued Circular 15/2023/TT-BLDTBXH on amendments to Circular 28/2015/TTBLDTBXH guiding the implementation of Article 52 of the Employment Law 2013 and several articles of Decree 28/2015/ND-CP on unemployment insurance.
Accordingly, amendments to Circular 28/2015/TTBLDTBXH specified in Circular 15/2023/TT-BLDTBXH include:
- Article 1 on the scope of regulation;
- Article 4 on payment of unemployment insurance premiums;
- Article 8 on the unemployment allowance and payout months;
- Article 9 on the reservation of period for payment of unemployment insurance premiums;
- Article 10 on notification of job seeking prescribed in Article 52 of the Law on Employment
- Article 12 on vocational training support;
- Amendment to Forms No. 01, 02, 03, 05, 06, 07, 08, 10, 12, 13, 16, 22, 23, 24, 34 and 35 of Circular 28/2015/TTBLDTBXH;
- Abolition of Clause 2, Article 10 and some contents in Article 12 of Circular 28/2015/TTBLDTBXH;
- Abolition of Form No. 04, 09, 17, 18, 19, 20 of Circular 28/2015/TTBLDTBXH.
What are the periods at which an employee who has received unemployment allowance is exempted from making a monthly job seeking notice in Vietnam?
Under Clause 3 Article 10 of Circular 28/2015/TTBLDTBXH amended and supplemented by Clause 5 Article 1 of Circular 15/2023/TT-BLDTBXH as follows:
The employee who has received unemployment allowance is exempted from making a monthly job seeking notice in person if they fall under one of the following cases during that required time:
- The male employee reaches 60 years of age or older, the female employee reaches 55 years of age or older;
- The employee suffers from sickness certified by a competent health facility;
- The employee has taken parental leave certified by a competent health facility. A male employee whose wife died in childbirth and is now the child’s primary caregiver, certified by the child’s birth certificate and the wife’s death certificate;
- The employee meets with an accident certified by the traffic police or a competent health facility;
- The employee suffers from fire, flood, earthquake, tsunami, hostility or epidemic disease certified by the President of the People’s Committee of commune, ward, or town (hereinafter referred to as commune);
- The employee’s parent, spouse or child dies; the employee or their child gets married certified by the People’s Committee of commune;
- The employee has attended a vocational course under a decision of the Director of the Department of Labor, War Invalids, and Social Affairs and certified by the vocational training facility;
- The employee has executed a fixed-term employment contract of less than 3 months;
- Undergo voluntary detoxification with confirmation from the detoxification facility or the President of the People's Committee of commune;
- The employee changes the location to receive benefits as prescribed in Clause 5 of this Article.
The employee must notify the employment service center (via phone, email, fax, etc.) of their reason for exemption from making job seeking notice within 3 days after the required deadline, and send a registered mail or authorize another person to submit an original or copy of one the above-mentioned documents, except for the case in which the male employee reaches 60 years of age or older, the female employee reaches 55 years of age or older.
If the document is sent by post, the date of postmark is considered as the sending date.
On what date will Circular 15/2023/TT-BLDTBXH come into force?
Under the provisions of Article 2 of Circular 15/2023/TT-BLDTBXH as follows:
Implementation
1. This Circular comes into force as of February 15, 2024.
2. Forms of documents that are part of documents for carrying out administrative procedures that have been received before the effective date of this Circular but have not yet been resolved will keep complying with Circular No. 28/2015. /TT-BLDTBXH.
3. Director of the Department of Employment, heads of regulatory agencies under the Ministry of Labor, War Invalids, and Social Affairs and relevant agencies, organizations and individuals shall implement this Circular.
Difficulties that arise during the implementation of this Circular should be reported to Ministry of Labor, War Invalids, and Social Affairs for consideration./.
Thus, according to the above regulations, Circular 15/2023/TT-BLDTBXH will officially come into force from February 15, 2024.
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