Amendments to regulations on monthly job-seeking notice in Vietnam

Amendments to regulations on monthly job-seeking notice in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On December 29, 2023, the Minister of Labor, Invalids and Social Affairs issued Circular 15/2023/TT-BLDTBXH amending a number of articles of Circular 28/2015/TT-BLDTBXH guiding the implementation of Article 52 of the Law on Employment 2013 and a number of articles of Decree 28/2015/ND-CP detailing the implementation of a number of articles of the Law on Employment 2013 on unemployment insurance.

Amendments to regulations on monthly job-seeking notice in Vietnam

Specifically, Clause 8, Article 1 of Circular 15/2023/TT-BLDTBXH clearly states the annulment of Clause 2 Article 10 of Circular 28/2015/TT-BLDTBXH.

Thus, from February 15, 2024, there will no longer be cases where employees are exempted from notification of monthly job search status.

In addition, Clause 5, Article 1, Circular 15/2023/TT-BLDTBXH also amends Clause 3 and Clause 5, Article 10 of Circular 28/2015/TT-BLDTBXH on job-seeking notice.

Thus, there are additional cases exempted from making a monthly job-seeking notice in Vietnam, as follows:

* 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 Article 10 of Decree 28/2015/ND-CP (amended by Circular 15/2023/TT-BLDTBXH).

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 point a of this clause.

If the document is sent by post, the date of postmark is considered as the sending date.

* An employee shall make job seeking notices in case of relocation of the employment service center that pay out their benefits (hereinafter referred to as benefit payout center) as follows:

If the date of job seeking notice is within 15 days after receiving the relocation dossier but before the employee submits the relocation dossier to the new benefit payout center, the employee is not required to make a monthly job seeking notice with the old beneefit payout center.

The employee must make monthly job seeking notices with the new benefit payout center as prescribed in clause 3 of Article 10 of Decree 28/2015/ND-CP (amended by Circular 15/2023/TT-BLDTBXH).

If the date of job seeking notice is more than 15 days after receiving the relocation dossier, the employee must make a monthly job seeking notice as prescribed in clause 1 of Article 10 of Decree 28/2015/ND-CP.

If the employee has received the relocation dossier but they has not submitted it to the new benefit payout center and they no longer need to relocate benefit payout center, they shall make monthly job seeking notices as prescribed in clause 1 of Article 10 of Decree 28/2015/ND-CP with the old benefit payout center.

If the date of job seeking notice is within 15 days after receiving the relocation dossier but after the employee submits the  relocation dossier to the new benefit payout center, the employee must make a monthly job seeking notice in person as prescribed in clause 1 of Article 10 of Decree 28/2015/ND-CP with the new benefit payout center.

More details can be found in Circular 15/2023/TT-BLDTBXH, taking effect on February 15, 2024.

Nguyen Ngoc Que Anh

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