Guidance on decision on provision of support for vocational education for unemployed workers in Vietnam

Application for support for vocational education for unemployed workers in Vietnam

Pursuant to the provisions of Article 24 of Decree 28/2015/ND-CP as amended by Clause 12, Article 1 of Decree 61/2020/ND-CP, the application for vocational training support in each specific case is as follows: :

(1) Application for vocational education support for the employee who are awaiting the results of processing of application for unemployment benefit, or are receiving unemployment benefit but wishing to take vocational training course in the locality where they are expecting such processing results or are receiving unemployment benefit is a request for support for vocational training and education made using Form No. 03 enclosed herewith.

(2) Application for vocational education support for the employee who are receiving unemployment benefit but wishing to take vocational training course in the locality other than the place where they are enjoying unemployment benefit, shall include the request form for support for vocational training and education made according to (1) and the decision on entitlement to unemployment benefit. The decision on entitlement to unemployment benefit to be submitted is the primary copy or the certified true copy or the duplicated copy enclosed with the primary copy for verification purpose.

(3) An application for vocational training and education support for the employee who does not fall into the cases prescribed in (1) and (2) shall include:

- Application form for unemployment benefit;

- Application form for support for vocational education and training under item (1);

- The primary copy or the certified true copy or the copy annexed to the primary copy for verification purpose of one of the documents prescribed in clause 2 of Article 16 in the Decree No. 28/2015/ND-CP, which is amended in Clause 6 of Article 1 in Decree 61/2020/ND-CP;

- Social insurance book.

If the employee has submitted an application for unemployment benefit but does not meet the eligibility conditions, the application for vocational training support shall play its role as the request for vocational training support as prescribed in (1) and the Notice of the employee's failure to meet the conditions for unemployment benefit issued by the employment service center.

Guidance on decision on provision of support for vocational education for unemployed workers in Vietnam (Internet image)

Guidance on decision on provision of support for vocational education for unemployed workers in Vietnam

Pursuant to the provisions of Article 25 of Decree 28/2015/ND-CP as amended by Clause 13, Article 1 of Decree 61/2020/ND-CP, the decision on provision of support for vocational education for unemployed workers in Vietnam is as follows:

- Any employee who meets the conditions specified in Article 55 of the Employment Law 2013 and wishes to receive vocational training shall be entitled to a one-time support to take a vocational training course in a job at a vocational education institution or a higher education institution registered to provide vocational education programs at the collegial level or enterprises permitted to conduct vocational education activities that takes part in the provision of vocational training for employees participating in the unemployment insurance plan (hereinafter referred collectively to as vocational training institutions). Financial support shall be given through vocational training institutions.

- Employees having demands for vocational training must submit 01 set of application for vocational training support to the employment service center.

+ The application for vocational training support prescribed in (1), and is submitted to the employment service center that is deciding to pay unemployment benefit or the place where the employee is receiving unemployment benefit.

+ The application for vocational training support prescribed in (2) and (3), and is submitted to the employment service center where the employee has the vocational training demands.

- Employment service center shall have to consider the set of application documents for vocational training support and give the employee the note of appointment for notification of results according to Form No. 01.

- Within 20 working days from the date of receipt of a complete application for vocational training support, the employment service center shall provide details about the job, the vocational training support duration and time, time to start taking vocational training, the level of vocational training support and vocational training institution to seek the decision on vocational training support for employees from the Director of the Department of Labor - Invalids and Social Affairs.

The time for starting the vocational training of an employee is the time after issue of the decision on vocational training support, but not more than 03 months from the date of issue of the decision on vocational training support for those who are not currently receiving unemployment benefit, and not more than 03 months from the expiry of the validity period of enjoyment of unemployment benefit under the decision on entitlement to unemployment benefit with respect to those currently receiving unemployment benefit.

If the employee needs to participate in a vocational training course currently conducted by a vocational training institution, the employee will be still supported to participate in this vocational training course provided that the time of starting vocational training up to the time of issuing the decision on vocational training support is no more than 01 month, and vocational training institution ensures the complementary training in knowledge in the period before the employee’s participation in the vocational training.

The decision on vocational training support made according to Form No. 04 shall be sent by the employment service center, including 01 copy to the provincial social insurance agency for payment to the vocational training establishment; 01 copy to the vocational training institution to provide vocational training for employees; 01 copy to the employee.

In case where the employee does not have access to the vocational training, the employment service center must send a written response clearly stating reasons.

If the employee has obtained a decision to grant the vocational training support, but has not attended a vocational training course, or is attending a vocational training course but his/her unemployment benefit is terminated, he/she may still receive support for vocational training under the decision regarding vocational training support of the Director of Department of Labor - Invalids and Social Affairs.

- Within 03 working days inscribed in the appointment note to inform application processing results according to Form No. 01, to pick up the decision on vocational training support or does not authorize any other to do so without notifying the employment service center of the acceptable reasons for not turning up for the decision, he/she shall be deemed as no need for vocational training support.

Within 02 working days from the deadline for the employee’s picking up the decision stated in the appointment note, the employment service center shall request the Director of the Department of Labor - Invalids and Social Affairs to issue the decision on revocation of the decision on the employee’s vocational training support using Form No. 05.

The decision on revocation of the decision on vocational training support sent by the employment service center shall include 01 copy to the provincial social insurance agency for payment of vocational training support to the training institution; 01 copy to the vocational training institution not to provide vocational training for employees; 01 copy to the employee.

- The vocational training institution shall organizes vocational training for employees under the vocational training support decisions of the Director of the Department of Labor, War Invalids and Social Affairs and shall be responsible for making a list of employees with their signatures who are taking vocational training courses for submission to the social insurance agency to settle and pay vocational training support costs.

Mai Thanh Loi

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