Do employment service centers have to track the employment status of job seekers in Vietnam?

Do employment service centers have to track the employment status of job seekers in Vietnam?

Based on Article 12 of Decree 23/2021/ND-CP, the management of employment service activities at employment service centers is stipulated as follows:

1. Employment service centers receive and establish files for organizations, individuals who come to register for employment services according to Forms 01, 01a, 02, 03, 03a Appendix I attached to this Decree.

2. Employment service centers monitor the employment status of job seekers who are referred or supplied for at least 3 months or during the term of the employment contract for cases where the employment contract is less than 3 months according to Form 04 Appendix 01 attached to this Decree.

3. Implement the application of information technology in organizing the provision of services and managing employment service activities at employment service centers in accordance with the regulations of law and the guidance of the Ministry of Labor, Invalids and Social Affairs.

According to these regulations, employment service centers must track the employment status of job seekers who are referred. The response of the employment service center that your employment status is not clear is not in accordance with the law.

What are the penalties for employment service centers that fail to track the employment status of job seekers in Vietnam?

According to Clause 1 Article 7 of Decree 12/2022/ND-CP stipulating violations of regulations on employment services as follows:

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on businesses that provide employment services for one of the following actions:

a) Providing employment service information that is not in accordance with the law.

b) Not publicly displaying a certified copy of the business license or decision to revoke the business license at the business's headquarters.

c) Not monitoring the employment status of job seekers referred or supplied by the business for at least 3 months or during the term of the employment contract for cases where the employment contract is less than 3 months.

According to Clause 1 Article 6 of Decree 12/2022/ND-CP stipulating as follows:

1. The fines listed in Chapters II, III, and IV of the Decree apply to individuals, except for the following cases, which apply to organizations: Article 7, Clauses 1, 2, 3, and 5; Article 13, Clauses 3, 4, and 6; Article 25, Clause 2; Article 26, Clause 1; Article 27, Clauses 1, 5, 6, and 7; Article 39, Clause 8; Article 41, Clause 5; Article 42, Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12; Article 43, Clauses 1, 2, 3, 4, 5, 6, and 7; Article 45, Clauses 1, 2, 3, 4, and 5; and Article 46, Clause 3 of Decree 12/2022/ND-CP. The fine for an organization is twice the fine for an individual.

Therefore, an employment service center that does not monitor the employment status of job seekers will be fined from VND 500,000 to VND 1,000,000.

Can job seekers submit unemployment benefit applications at employment service centers in Vietnam?

Pursuant to Article 46 of the Law on Employment in 2013 stipulating unemployment benefits as follows:

1. Within 03 months from the date of termination of the labor contract or employment contract, the employee shall submit an application for unemployment benefits at the employment service center established by the government agency in charge of employment.

2. Within 20 days from the date of receiving the complete application dossier, the competent authority shall issue a decision on the allowance of unemployment benefits; in case the employee does not meet the conditions for the unemployment benefit scheme, the competent authority shall respond to the employee in writing.

3. The social insurance organization shall carry out the payment of unemployment benefits to the employee within 05 days from the date of receiving the decision on the allowance of unemployment benefits.

Accordingly, the employee may submit an application for unemployment benefits at the employment service center established by the government agency in charge of employment within 03 months from the date of termination of the labor contract or employment contract.

Best regards!