What are cases in which an employee receiving unemployment benefit is not required to give his/her monthly job seeking notice in Vietnam?

What are cases in which an employee receiving unemployment benefit is not required to give his/her monthly job seeking notice in Vietnam?

Pursuant to Clause 3 Article 10 of the Circular 28/2015/TT-BLDTBXH (amended by Clause 5 Article 1 of the Circular 15/2023/TT-BLDTBXH), the employee who has received unemployment benefit is exempted from making a monthly job seeking notice in person if they falls 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.

The employee must also send a registered mail or authorize another person to submit an original or copy of one the above-mentioned documents, except for the case where the male employee reaches 60 years of age or older and 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.

Note: the Circular 15/2023/TT-BLDTBXH takes effect on 15/02/2024.

What are cases in which an employee receiving unemployment benefit is not required to give his/her monthly job seeking notice in Vietnam? - image from internet

Who are entitled to free job consultancy through employment service center in Vietnam?

Pursuant to Article 14 of the Decree 28/2015/ND-CP (amended by Clause 5 Article 1 of the Decree 61/2020/ND-CP) stipulating

Job consultancy, placement

1. Employees under the provisions in Clause 1, Article 43 of the Law on Employment who are participating in unemployment insurance but their labor contracts or working contract is terminated shall be counseled and place job for free through employment service center.

2. Funding for job consultancy and placement of employment service center shall be allocated according to the number of people applying for unemployment benefits of the preceding year and made settlement as prescribed on the basis of the actual number of people applying for unemployment benefits.

3. The Minister of Labor, War Invalids and Social Affairs shall regulate the price applied to job consultancy and placement services sponsored by the Unemployment Insurance Fund for employees in accordance with Article 54 of the Employment Law.

As regulations above, employees who are participating in unemployment insurance but their labor contracts or working contract is terminated shall be counseled and place job for free through employment service center.

What are cases in which an employee who is receiving unemployment benefit shall be determined to have no valid reason for refusing the job in Vietnam?

Pursuant to Article 6 of the Circular 28/2015/TT-BLDTBXH stipulating regulations on refusal of jobs as follows:

Refusal of jobs prescribed in Point dd Clause 1 Article 21 of Decree 28/2015/ND-CP

Any employee who is receiving unemployment benefit but refusing the job in any of the following cases shall be determined to have no valid reason:

1. The job matches the employee’s qualifications as specified in form No. 01 issued herewith but he/she did not participate in the recruitment.

2. The employee is recommended for a job that he/she used to have by the employment service center but he/she did not participate in the recruitment.

3. The employee participated in recruitment as recommended by the employment service center where he/she is receiving unemployment benefit and received a notice of employment sent by the employer but he/she refuses the job, unless that job differs from the recruitment ads issued by the employer.

As regulations above, any employee who is receiving unemployment benefit but refusing the job in any of the following cases shall be determined to have no valid reason:

- The job matches the employee’s qualifications as specified in form No. 01 issued herewith but he/she did not participate in the recruitment.

- The employee is recommended for a job that he/she used to have by the employment service center but he/she did not participate in the recruitment.

- The employee participated in recruitment as recommended by the employment service center where he/she is receiving unemployment benefit and received a notice of employment sent by the employer but he/she refuses the job, unless that job differs from the recruitment ads issued by the employer.

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