Vietnam: 03 points on vocational training support that unemployed workers need to know

1. Conditions for vocational training support

According to Article 25 of Decree No. 28/2015/NĐ-CP of Vietnam’s Government detailing some articles of the Law on Employment 2013 of Vietnam on unemployment insurance, the employees meeting the conditions prescribed in Article 55 of the Law on Employment 2013 of Vietnam shall be subject to vocational training support. To be specific:

Compulsory participants in unemployment insurance who currently pay unemployment insurance premiums are entitled to vocational training support when fully meeting the following conditions:

- Terminating the labor contract or working contract (except cases of unilaterally terminating the labor contract or working contract in contravention of law; or receiving monthly pension or working capacity loss allowance);

- Having submitted a dossier for receipt of unemployment allowance to an employment service center as prescribed by law;

- Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment allowance;

- Having paid unemployment insurance premiums for at least full 9 months within 24 months before terminating labor contracts or working contracts under law.

Thus, when meeting all the above conditions, employees will be subject to vocational training support. Moreover, according to Clause 2 Article 24 of Decree No. 28/2015/NĐ-CP of Vietnam’s Government, unemployed workers who have paid unemployment insurance premiums for 9 full months, but are not eligible for unemployment benefits may also be subject to vocational training support when completing application as prescribed.

Note: According to Clause 13 Article 1 of the Decree No. 61/2020/NĐ-CP of Vietnam’s Government amending Article 25 of Decree No. 28/2015/NĐ-CP, any employee who meets the conditions specified in Article 55 of Law on Employment 2013 of Vietnam 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.

2. Application for support for vocational education

According to Clause 12 Article 1 of the Decree No. 61/2020/NĐ-CP of Vietnam’s Government amending Article 24 of Decree No. 28/2015/NĐ-CP, the application shall be submitted to the employment service center that is deciding to pay unemployment benefit or the place where the employee is receiving unemployment benefit, which shall include:

Case 1: 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, the application is a request for support for vocational training and education made using Form No. 03.

Case 2: 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, the application includes:

1. A request for support for vocational training and education made using Form No. 03;

2. 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.

Case 3: For the employee who does not fall into the two above-mentioned cases, the application includes:

1. Application form for unemployment benefit;

2. A request for support for vocational training and education made using Form No. 03;

3. The primary copy or the certified true copy or the copy annexed to the primary copy for verification purpose of one of the following documents for confirmation of termination of employment or employment contract:

- The labor or employment contract which have expired or under which all contractual obligations have been discharged;

- Resignation acceptance decision;

- Dismissal decision;

- Decision on imposition of disciplinary sanction in the form of dismissal;

- Notice of or agreement on termination of the labor or employment contract;

- Confirmation of the employer which clearly provides the employee's information; type of labor contract signed; reasons and time of termination of labor contract with the employee.

- Certifying by the competent state authority that the enterprise or cooperative closes, goes bankrupt or decides to dismiss him/her, relieve him/her from duty or discharge him/her from the designated post in case the employee holds the post as a manager of that enterprise or cooperative;

4. Social insurance book.

3. Levels of support for vocational education

According to Article 3 of the Decision No. 77/2014/QĐ-TTg of the Prime Minister of Vietnam, the maximum level of vocational training support for employees covered by unemployment insurance is VND 1 billion/person/month. The specific levels of support are calculated by month and based on occupations, tuition fee rates and actual training durations.

In case employees attending vocational training courses of which the duration have several days outside full months according to the vocational training institutions’ regulations, such odd days shall be rounded up as a full month to determine the level of vocational training support.

Note: Employees covered by unemployment insurance and currently attending vocational training courses with a vocation training cost higher than the level of support specified above shall pay the difference.

4. Time limit for settlement of support for vocational education

According to Clause 13 Article 1 of the Decree No. 61/2020/NĐ-CP of Vietnam’s Government amending Article 25 of Decree No. 28/2015/NĐ-CP, 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.

Note: Within 03 working days inscribed in the appointment note to inform application processing results according to Form No. 01 issued together with this Decree, if the employee does not come 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.

Le Vy

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