Decree No. 374/2025/ND-CP on elaborating certain Articles on unemployment insurance under the Law on Employment

 

DECREE

Elaborating certain Articles on unemployment insurance under the Law on Employment

Pursuant to Law on Government Organization No. 63/2025/QH15;

Pursuant to Law on Organization of Local Government No. 72/2025/QH15;

Pursuant to Law on Employment No. 74/2025/QH15;

At the request of the Minister of Domestic Affairs;

Te Government hereby promulgates a Decree elaborating certain Articles on unemployment insurance under the Law on Employment.

Chapter I

GENERAL PROVISIONS

Article 1. Regulatory scope

This Decree elaborates certain Articles and clauses on unemployment insurance under the Law on Employment, including: Clause 9 of Article 33, Clause 5 of Article 34, Clause 4 of Article 35, Clause 2 of Article 36, Clause 5 of Article 37, Clause 2 of Article 38, Clause 5 of Article 39, Clause 2 of Article 40, Clause 6 of Article 41, Clause 4 of Article 42, Clause 5 of Article 46, Clause 3 of Article 47, and Clause 4 of Article 48 of the Law on Employment.

Article 2. Regulated entities

1. Employees (For the purpose of this document, “employee” refers to an individual regardless of his/her employment status) and employers required to participate in unemployment insurance in accordance with the provisions of Article 31 of the Law on Employment.

2. Social security authorities, Departments of Home Affairs of provinces and central-affiliated cities (hereinafter referred to as “Departments of Home Affairs”), public employment service providers established by employment authorities tasked with implementation of unemployment insurance (hereinafter referred to as “public employment service providers”)

3. Agencies, organizations and individuals related to unemployment insurance as prescribed by the Law on Employment.

Article 3. Persons currently paying unemployment insurance

An employee is considered as currently contributing to unemployment insurance in accordance with the provisions of Articles 36 and 38 of the Law on Employment if:

1. He/she has paid unemployment insurance for the month in which his/her employment contract, working contract, or employment is terminated in accordance with the law, and his/her payment is certified by the social security authority in the social insurance register.

2. He/she has paid unemployment insurance for the month immediately preceding the month in which his/her employment contract, working contract, or employment is terminated in accordance with the law, and his/her payment is certified by the social security authority in the social insurance register.

3. In the month immediately preceding the month in which his/her employment contract, working contract, or employment is terminated, or in the month of termination itself, he/she is on sick leave or maternity leave for 14 working days or more within the month and does not receive a monthly salary from the employer, and his/her status is certified by the social security authority in the social insurance register.

4. In the month immediately preceding the month in which his/her employment contract, working contract, or employment is terminated, or in the month of termination itself, he/she takes unpaid leave for 14 working days or more within the month, and his/her status is certified by the social security authority in the social insurance register.

5. In the month immediately preceding the month in which his/her employment contract, working contract, or employment is terminated, or in the month of termination itself, he/she suspends execution of the working contract or employment contract for 14 working days or more within the month, and his/her status is certified by the social security authority in the social insurance register.

6. The employee takes leave when their employer no longer has the capacity to make payment for unemployment insurance on behalf of the employee prescribed in Clause 2, Article 26 of Decree No. 158/2025/ND-CP dated June 25, 2025 of the Government elaborating certain Articles on compulsory social insurance of the Law on Social Insurance.

Chapter II

PARTICIPATION AND PAYMENT FOR UNEMPLOYMENT INSURANCE

Article 4. Unemployment insurance contributions

1. Employees shall contribute 1% of their monthly salaries.

2. Employers shall contribute 1% of the monthly salary fund of the employees participating in unemployment insurance.

a) Where the employer is an agency, unit or organization whose regular operating expenses are fully funded by the State budget, the state budget shall fully cover the unemployment insurance contributions, which shall be allocated in the annual recurrent expenditure estimates of such agency, unit or organization in accordance with the provisions of the law on the decentralization of state budget management.

b) Where the employer is an agency, unit or organization whose regular operating expenses are partially funded by the State budget, the State budget shall cover unemployment insurance contributions for employees whose salaries are paid from the state budget and such salaries shall be allocated in the annual recurrent expenditure estimates of such agency, unit or organization in accordance with the provisions of the law on the decentralization of state budget management. The remaining unemployment insurance contributions shall be covered by the employers in accordance with Points c and d of this Clause.

c) Where the employer is an enterprise, unit or organization engaged in production, business or service activities, unemployment insurance contributions shall be recorded as production, business or service expenses for the period.

d) Where the employer is another agency, unit, or organization, unemployment insurance contributions shall be paid from the operating funds of such agency, unit or organization in accordance with the provisions of law.

3. The State shall provide support of up to 1% of the monthly salary fund serving as the basis for unemployment insurance contributions of employees participating in unemployment insurance and such support shall be guaranteed by the central government budget.

a) The state budget shall provide support to the Unemployment Insurance Fund in accordance with the principle of ensuring that the annual balance of the Fund is maintained at twice the total expenditures for provision of unemployment benefits and for the administration and operation of unemployment insurance of the immediately preceding year; provided that such support shall not exceed one percent (1%) of the monthly salary fund serving as the basis for unemployment insurance contributions of employees participating in unemployment insurance.

b) The method of transferring financial support from the state budget to the Unemployment Insurance Fund.

In the fourth quarter of each year, the Vietnam Social Security shall, based on the projected/estimated revenues and expenditures of unemployment insurance assigned by the competent authority for that year, determine the amount of financial support for the Unemployment Insurance Fund in accordance with the level prescribed at Point a of this Clause, and submit it to the Ministry of Finance for a one-off transfer to the Unemployment Insurance Fund.

Within ten (10) working days from the date of receipt of the final settlement statement of revenues and expenditures of the Unemployment Insurance Fund for the preceding year submitted by the Vietnam Social Security and approved by the Social Insurance Management Council, the Ministry of Finance shall conduct an appraisal and determine the amount of financial support for the Unemployment Insurance Fund for the preceding year. Where the amount of financial support already provided by the Ministry of Finance exceeds the amount of support required under Point (a) of this Clause, the Vietnam Social Security shall refund the difference to the state budget; where the amount already provided is less than the required support amount, the Ministry of Finance shall report to the competent authority for approval to provide additional support in the following year.

The financial support for the Unemployment Insurance Fund specified in this clause shall be guaranteed by the central government budget from the social security funding sources decided by the National Assembly.

Article 5. Reduction of contributions to the Unemployment Insurance Fund for employers of persons with disabilities

1. Where an employer newly recruits and employs a person with disabilities, the employer shall be entitled to a reduction of the unemployment insurance contribution rate from one percent (1%) to zero percent (0%) in respect of the unemployment insurance contributions payable by the employer for such employee during the period of employment; provided that the period of support shall not exceed the first twelve (12) months from the date of recruitment of the employee with disabilities.

2. The employer shall apply for employment insurance for employees with disabilities with the social security authority in order to be eligible for the reduction of contributions as prescribed in Clause 1 of this Article, and shall enclose a copy of the certificate of disability of each employee.

Article 6. Responsibility for payment for unemployment insurance

1. Employers are responsible for fully paying unemployment insurance contributions as stipulated for employees upon the termination of employment contracts or working contracts or employment in order to ensure the timely provision of unemployment benefits for the employees.

2. Where an employer fails to fully pay unemployment insurance contributions for an employee, the employee shall have the right to institute a lawsuit against the employer before a competent court within a period of three (03) months from the date of termination of the employment contract or working contract in order to request the settlement of rights and benefits related to unemployment insurance in accordance with the law.

Article 7. Basis for unemployment insurance contributions

1. The salary serving as the basis for unemployment insurance contributions for employees who are subject to the State-prescribed salary regime shall be determined in accordance with the provisions of Point a, Clause 1, Article 34 of the Law on Employment.

2. The salary serving as the basis for unemployment insurance contributions for employees who are subject to the employer-determined salary regime shall be the monthly salary, including the salary based on the job or title, salary allowances and other additional amounts agreed upon to be paid regularly and consistently in each pay period. To be specific:

a) The job-based/title-based salary calculated on a monthly basis for a job or title according to the salary scale or payroll formulated by the employer in accordance with Article 93 of the Labour Code, as agreed in the employment contract.

b) Salary allowances intended to compensate for factors relating to working conditions, the complexity of the work, living conditions, and the degree of labour attraction that have not been taken into account or have not been fully taken into account in the salary specified at Point a of this Clause, as agreed in the employment contract; excluding salary allowances that depend on or fluctuate according to labour productivity, the working process, or the quality of the employee’s work performance.

c) Specific amounts paid together with the salary specified at Point a of this Clause, as agreed in the employment contract and paid regularly and stably in each pay period; excluding other additional amounts that depend on or fluctuate according to labour productivity, the working process, or the quality of the employee’s work performance.

d) Where an employee stops working but still receives a monthly salary that is equal to or higher than the minimum salary serving as the basis for compulsory social insurance contributions as prescribed by the Law on Social Insurance, the contribution shall be made on the basis of the salary received during the period of work suspension.

3. The salary serving as the basis for unemployment insurance contributions for part-time employees, whose monthly salary is equal to or higher than the minimum salary serving as the basis for compulsory social insurance contributions as prescribed by the Law on Social Insurance, as provided for at point b, clause 1, Article 31 of the Law on Employment, shall be the salary calculated in the month as agreed in the employment contract.

Where the employment contract provides for the wage that shall be paid on hourly basis (hourly wage), the salary calculated in the month shall be equal to the hourly wage multiplied by the number of working hours in the month as agreed in the employment contract.

Where the employment contract provides for the wage that shall be paid on daily basis (daily wage), the salary calculated in the month shall be equal to the daily wage multiplied by the number of working days in the month as agreed in the employment contract.

Where the employment contract provides for the wage that shall be paid on weekly basis (weekly wage), the salary calculated in the month shall be equal to the weekly wage multiplied by the number of working weeks in the month as agreed in the employment contract.

4. The salary serving as the basis for unemployment insurance contributions for enterprise managers, controllers, representatives of the enterprises’ investments as prescribed by law; members of Boards of Directors, General Directors, Directors, members of Boards of Controllers or controllers, and other elected managerial positions of cooperatives and cooperative unions as stipulated by the Law on Cooperatives who receive a salary as prescribed in point d clause 1 Article 31 of the Law on Employment shall be the salary received by these persons in accordance with the law.

5. Where the salary stated in the employment contract and the salary paid to the employee are denominated in a foreign currency, the salary serving as the basis for unemployment insurance contributions shall be calculated in Vietnam Dong on the basis of the salary in foreign currency converted into Vietnam Dong at the average exchange rate of the buying rates by transfer of Vietnam Dong against the foreign currency announced by state-owned commercial banks at the end of the day on 02 January for the first six months of the year and on 01 July for the last six months of the year; where these dates fall on a public holiday or a day off, the exchange rate of the immediately following working day shall apply.

6. Regarding the suspension of unemployment insurance contributions: An employee who is participating in unemployment insurance and is temporarily detained or suspended from work for 14 working days or more in a month shall have the payment of unemployment insurance contributions by both the employee and the employer suspended; where the employee is subsequently paid their full salary arrears, the employee and the employer shall make retroactive contributions for the period of temporary detention or work suspension in an amount equal to the contributions payable for the months during which contributions were suspended, and such retroactive payment shall be made concurrently with the retroactive payment of compulsory social insurance contributions.

Article 8. Period for which unemployment insurance contributions were paid

The period for which unemployment insurance contributions have been paid (hereinafter referred to as “contribution period”) but unemployment allowances have not been provided (hereinafter referred to as “contribution period for which unemployment allowances have not been provided”) shall be prescribed as follows:

1. Preservation of the unemployment insurance contribution period in cases where employees entitled to receive unemployment allowances have paid unemployment insurance contributions for the months for which unemployment allowances have not been provided

If an employee has paid unemployment insurance contributions for more than 36 months up to 144 months, the contribution period for which unemployment allowances have not been provided shall be preserved. If an employee has paid unemployment insurance contributions for more than 144 months, the contribution period for which unemployment allowances have not been provided shall not be preserved.

2. Preservation of the contribution period in cases where employees have decisions on grant of unemployment allowances cancelled

The contribution period for which unemployment allowances have not been provided shall be preserved if the employee has the decision on grant of unemployment allowances cancelled.

3. Preservation of the contribution period in cases where persons who are receiving unemployment allowances have unemployment allowances terminated

Where an employee whose unemployment allowances are terminated is eligible for preservation of contribution period as provided for in Clause 5, Article 41 of the Law on Employment, the contribution period for which unemployment allowances have not been provided shall be preserved.

In cases where a person who is receiving unemployment allowances is employed under an employment contract or working contract and has notified the employment status to a public employment service provider as prescribed but has not submitted a copy of the employment contract or working contract, they shall provide a written undertaking stating the effective date of the concluded employment contract or working contract, the reason for not being able to provide a copy thereof, and shall supplement a copy of the employment contract or working contract within 03 working days from the date of receipt of the employment contract or working contract; where the employment contract or working contract is sent by post, the dispatch date indicated on the postal stamp shall apply.

4. Preservation of the contribution period in cases where employees fail to collect unemployment allowances

Where an employee fails to receive unemployment allowances and does not provide written notification to the social security authority within 03 months from the date of expiry of the period of entitlement to unemployment allowances specified in the decision on grant of unemployment allowances, the number of months over which unemployment allowances were not received shall be preserved.

5. Preservation of the contribution period in cases where employees are granted confirmation by social security authorities of additional unemployment insurance contribution after the termination of unemployment allowances.

Where an employee has paid unemployment insurance contributions for a period of 36 months or more as the basis for the settlement of unemployment allowances, the period covered by additional unemployment contributions as confirmed by the social security authority shall be preserved as the basis for the calculation of unemployment allowances when the statutory conditions are satisfied.

Where an employee has paid unemployment insurance contributions for a period of less than 36 months as the basis for the most recent settlement of unemployment allowances, the period covered by additional unemployment insurance contributions as confirmed by the social security authority shall be preserved in accordance with the following principles:

6. The preserved contribution period shall be calculated by taking the total contribution period and then subtracting the contribution period for which unemployment allowances have been received on the principle that each month for which unemployment allowances have been received corresponds to 12 months (a complete year) for which unemployment insurance contributions have been paid, and further subtracting any remaining months (not constituting a complete year) for which unemployment allowances have not been provided and which are preserved as indicated in the decision on grant of unemployment allowances (if any).

7. The social security authority shall, on the basis of the decisions related to the entitlement to unemployment allowances and the confirmation of additional unemployment insurance contributions, record the preserved contribution period in the social insurance register for the employee.

The preserved contribution period and the salary serving as the basis for unemployment insurance contributions corresponding to the preserved contribution period prescribed in Clauses 1, 2, 3 and 4 of this Article that is the contribution period starting from the last month for which unemployment insurance contributions are paid prior to the receipt of unemployment allowances shall be recorded.

The preserved contribution period and the salary serving as the basis for unemployment insurance contributions corresponding to the preserved contribution period prescribed in Clause 5 of this Article that is the contribution period starting from the last month for which additional unemployment insurance contributions are paid as confirmed by the social security authority shall be recorded.

Chapter III

SUPPORT FOR EMPLOYMENT COUNSELING AND JOB REFERRAL

Article 9. Applications for employment counseling and job referral

1. The Employment counseling form made using Form No. 01 of Appendix I enclosed with Decree No. 352/2025/ND-CP dated 30 December 2025 of the Government elaborating certain articles regarding employment services of the Law on Employment.

2. Documents certifying the termination of an employment contract, working contract, or termination of employment as prescribed in Point b, Clause 1, Article 14 of this Decree (in the case of submission of an application for employment counseling and job referral for the first time after unemployment).

Article 10. Procedures for employment counseling and job referral

1. The employee shall fully complete the information in the Employment counseling form made using Form No. 01 of Appendix I enclosed with Decree No. 352/2025/ND-CP.

2. The employee shall submit an application as prescribed in Article 9 of this Decree, either directly to a public employment service provider, via the National Public Service Portal, or by post. In cases where the application is submitted via the National Public Service Portal, the National Public Service Portal shall send a notification to the employee of the time limit and method of employment counseling. Within 03 working days as specified in the appointment note, the employee shall receive employment counseling and job referral services.

3. The public employment service provider shall receive the application for employment counseling and job referral and, based on the employee’s needs and capabilities as well as the recruitment demand of employers, shall give counseling and support to assist the employee in selecting suitable employment and provide additional information on relevant legal policies to the employee.

4. After the employee has received counseling and expresses a need to find a job, the public employment service provider shall issue a Job referral form made using Form No. 01 enclosed with this Decree for the employee to participate in the recruitment process.

Where the application is submitted via the National Public Service Portal or through postal services and the employee does not directly come to the public employment service provider for receiving counseling, the result of the Job referral form shall be sent via the National Public Service Portal or by post so that the employee is informed and may participate in the recruitment process.

5. The public employment service provider shall be responsible for monitoring the application progress in order to provide timely support to the employee, and for aggregating employees’ job-seeking needs and analyzing and forecasting the labor market so as to provide timely employment counseling and job referral for employees participating in unemployment insurance.

Chapter IV

SUPPORT FOR EMPLOYEES FOR PARTICIPATING IN TRAINING FOR UPGRADING THEIR VOCATIONAL SKILLS

Article 11. Levels of support for training for upgrading vocational skills

1. Tuition fees:

a) For persons participating in a training course on vocational skills upgrading for less than 03 months: The level of support shall be determined based on the tuition fee charged by the vocational education institution but shall not exceed VND 4.500.000 per person per training course.

b) For persons participating in a training course on vocational skills upgrading for 03 months or more: The level of support shall be determined on the monthly basis and on the basis of the tuition fee charged by the vocational education institution but shall not exceed VND 1.500.000 per person per month.

2. Meal allowance:

Participants in a training course on vocational skills upgrading shall receive a meal allowance of VND 50.000 per person per actual day of study.

3. The period of support for training for upgrading vocational skills shall be determined according to the training duration of the vocational education institution but shall not exceed 06 months.  Where the duration of a training course is not complete months, it shall be rounded as follows: a duration of 14 days or fewer shall be deemed 1/2 month; a duration of 15 days or more shall be deemed 01 month.

4. Method of support

a) Financial support for tuition fees of a training course on vocational skills upgrading shall be paid by the social security authority through the vocational education institution;

b) Financial support for the meal allowance for employees shall be paid by the social security authority to the employees.

5. If the tuition fee of a training course on vocational skills upgrading exceeds the level of support prescribed in Clause 1 of this Article, the amount exceeding the support level shall be paid by the employee.

Article 12. Submission of applications for support for employees for participating in training courses on vocational skills upgrading

1. Application for support for training for upgrading vocational skills

a) For an employee who is awaiting the result of the settlement of unemployment allowances or is currently receiving unemployment allowances and wishes to receive support for training for upgrading vocational skills in the division where he/she is awaiting the result of the settlement of unemployment allowances or is receiving unemployment allowances, the application shall include a written request made using form No. 02 enclosed herewith.

b) For an employee who is currently receiving unemployment allowances and wishes to receive support for training for upgrading vocational skills in a division other than the one where he/she is receiving unemployment allowances, the application shall include a written request for support for training for upgrading vocational skills prescribed at point a of this clause; and the original, a certified true copy, a copy accompanied by the original for comparison, or an electronic version of the Decision on grant of unemployment allowances.

c) The application made by an employee not covered by the provisions of point a and point b of this clause shall include: A written request for support for training for upgrading vocational skills prescribed at point a, clause 1 of this Article; the original, a certified true copy, a copy accompanied by the original for comparison, or an electronic version of one of the documents certifying the termination of an employment contract, working contract, or employment prescribed at point b, clause 1, Article 14 of this Decree; and the social insurance register.

2. Submission of applications for support for employees for participating in training for upgrading their vocational skills

a) The employee shall submit an application either directly to the public employment service provider or via the National Public Service Portal. In the case of direct submission: The application shall comply with the provisions of clause 1 of this Article. In the case where the employee submits the application via the National Public Service Portal: the application shall consist of a photocopy of the original, a photocopy of a certified true copy, or an electronic version of one of the documents certifying the termination of an employment contract, working contract, or termination of employment prescribed at Point b, Clause 1, Article 14 of this Decree.

b) The employee may authorize another person to submit the application on his or her behalf or send the application by post if falling under one of the following cases: illness or maternity with certification from a competent health facility; accident with certification from the traffic police or a competent health facility; fire, flood, earthquake, tsunami, enemy sabotage or epidemic with certification from the Chairperson of the Commune-level People’s Committee.

In the case where the application is sent by post: The application shall comply with the provisions of clause 1 of this Article. The date of submission of the application in the above cases shall be the date on which the authorized person directly submits the application or the date indicated on the postal stamp in the case of submission by post.

3. Time limit for submission of the application:

a) For employees prescribed in Clause 1, Article 37 of the Law on Employment, the application shall be submitted within the period of receipt of unemployment allowances.

b) For employees prescribed in Clause 2, Article 37 of the Law on Employment, the application shall be submitted within 12 months from the date of termination of the employment contract, working contract, or termination of employment in respect of the persons specified at Point d, Clause 1, Article 31 of the Law on Employment.

Article 13. Procedures for support for training for upgrading vocational skills

1. Employees who fully satisfy the conditions prescribed in Clauses 1 and 2, Article 37 of the Law on Employment shall be provided one-off tuition support for one course of training for upgrading vocational skills at a vocational education center, intermediate school, college, higher education institution registered to provide vocational education at the college level, or an enterprise registered to provide vocational education at the elementary level (hereinafter collectively referred to as “vocational education institutions”).

2. The public employment service provider shall receive and check the application and schedule the return of result of processing of the application for support for training for upgrading vocational skills. The public employment service provider shall return the result to the employee within 03 working days as indicated in the appointment note made using Form No. 04 enclosed herewith, either directly to the applicant if the application was submitted directly or by post if the application was submitted by post. Where the employee submits the application via the National Public Service Portal, a notification of the appointment for returning the result within 03 working days for the employee shall be posted on the Portal.

3. Within 15 working days from the date of receipt of a complete application for support for training for upgrading vocational skills, the public employment service provider shall determine the specific occupation, training duration, level of support, and vocational education institution, and report them to the Director of the Department of Home Affairs for a decision on providing support for training for upgrading vocational skills to the employee. Where the application does not contain sufficient information as a basis for the settlement, the public employment service provider shall request the employee to supplement and complete the application using the Request form No. 03 enclosed herewith.

The starting date for the employee to participate in a training course on vocational skills upgrading shall be after the issuance of the decision on providing support for training for upgrading vocational skills and within 03 months from the issuance of such decision if the employee is not receiving unemployment allowances and within 03 months from the date of expiry of the period of entitlement to unemployment allowances under the decision on grant of unemployment allowances if the employee is currently receiving unemployment allowances.

Where an employee wishes to participate in a training course on vocational skills upgrading that is already being conducted by a vocation al education institution, the employee may still receive support for participation in that course provided that the period from the starting date of the course to the date of issuance of the decision on providing support for training for upgrading vocational skills is not more than 01 month and the vocational education institution ensures that the employee receives make-up instruction covering the knowledge taught before he/she joins the course. The support period shall commence on the first day of the vocational training course and end on the last day of the support period.

The decision on providing support for training for upgrading vocational skills issued in accordance with Form No. 05 enclosed herewith shall be sent by the public employment service provider as follows: 01 copy to the provincial-level social security authority to make payment to the vocational education institution; 01 copy to the vocational education institution to provide the training for the employee; 01 copy to the employee; 01 copy to the Department of Home Affairs; and 01 copy to the public employment service provider in the administrative division where the employee is receiving unemployment allowances (in cases where the employee receives training support in a division other than the one where the employee is receiving unemployment allowances).

For the application that is submitted via the National Public Service Portal, the decision on providing support for training for upgrading vocational skills shall be sent as follows: 01 copy to the vocational education institution to provide the training for the employee; 01 copy to the employee; 01 copy to the Department of Home Affairs; and 01 copy to the public employment service provider in the administrative division where the employee is currently receiving unemployment allowances (in cases where the employee receives training support in a division other than the one where the employee is receiving unemployment allowances); 01 copy to the provincial-level social security authority via the National Public Service Portal.

Where an employee is not eligible for support for training for upgrading vocational skills, the public employment service provider shall issue a written response stating the reasons, using Form No. 06 enclosed herewith.

Where an employee has already obtained a decision on providing support for training for upgrading vocational skills but has not yet participated in the training course or is participating in the training course but subsequently has unemployment allowances terminated, the employee shall still receive support for training for upgrading vocational skills in accordance with the decision of the Director of the Department of Home Affairs.

4. If any of the employees specified in Clause 2, Article 37 of the Law on Employment, within 10 working days from the date of receipt of a complete application, does not wish to receive support for training for upgrading vocational skills, he/she must submit a waiver using Form No. 07 hereof, either directly to the public employment service provider or via the National Public Service Portal.

5. If the employee submitting the application directly fails to receive the decision on providing support for training for upgrading vocational skills after the deadline indicated on the appointment note, the employee shall be deemed not to express any need for support, and the public employment service provider shall submit to the Director of the Department of Home Affairs for issuance of a decision to cancel the decision on providing support for training for upgrading vocational skills made using Form No. 08 hereof.

The decision to cancel the decision on providing support for training for upgrading vocational skills shall be sent by the public employment service provider as follows: 01 copy to the provincial-level social security authority so that the financial training support is not provided to the vocational education institution; 01 copy to the vocational education institution so that the training for the employee is not carried out; 01 copy to the employee; 01 copy to the Department of Home Affairs and 01 copy to the public employment service provider in the administrative division where the employee is receiving unemployment allowances (in cases where the employee receives training support in a division other than the one where the employee is receiving unemployment allowances).

Where the employee fails to receive the social insurance register, the public employment service provider shall, within 30 days, transfer the employee’s social insurance register to the provincial-level social security authority for management.

6. Within 05 working days from the last day of study of the month or from the end date of the course, the vocational education institution shall prepare a list and send it to the social security authority for provision of the financial support for employees participating in the training course.

7. Within 05 working days from the date of receipt of the list provided by the vocational education institution, the social security authority shall pay the tuition fees to the vocational education institution and the meal allowance to the employee.

8. The procedures for provision of financial support to the employee participating in the training course on vocational skills upgrading shall be prescribed by Vietnam Social Security.  The financial support for tuition fees shall be provided on a monthly basis, provided that the employee participates in the training course for at least one day in that month. The meal allowance shall be provided on a monthly basis and on the basis of the actual days of study.

Chapter V

UNEMPLOYMENT ALLOWANCES

Article 14. Submission of applications for unemployment allowances

1. An application for unemployment allowances shall include:

a) A request for unemployment allowances made using Form No. 10 hereof.

b) The original, a certified true copy, a copy accompanied by the original for comparison, or an electronic version of one of the following documents certifying the termination of an employment contract, working contract, or employment: an employment contract or working contract that has expired or has been completed in accordance with its terms; a decision on acceptance of resignation; a decision on dismissal; a decision on disciplinary dismissal; a notification or agreement on termination of the employment contract or working contract; a confirmation from the employer specifying the employee’s information, the type of employment contract concluded, and the reason and time of termination of the employment contract; a confirmation from a competent regulatory agency regarding the dissolution or bankruptcy of the enterprise or cooperative, or a decision on dismissal or discharge from duty of the employee holding an appointed managerial position of the enterprise or cooperative; Where the employee does not possess documents certifying the termination of the employment contract because the employer does not have a legal representative or a person authorized by the legal representative (authorized representative), the following procedure shall apply:

The employee working for such an employer who wishes to terminate the employment contract in order to obtain unemployment benefits shall request the Department of Home Affairs to carry out procedures for confirming the termination of the employment contract or working contract.

Within 03 working days from the date of receipt of the employee’s request, the Department of Home Affairs shall send a written request to the Department of Finance to confirm that the employer has no legal representative or no authorized representative.

The Department of Finance shall cooperate with the tax authority, the police authority, and the local authority of the division where the employer’s headquarters is located to verify the above information.

Within 10 working days from the date of receipt of the written request from the Department of Home Affairs, the Department of Finance shall send a written reply confirming whether the employer does not have a legal representative or an authorized representative.

Where the employee works under an employment contract with a term from 01 month to under 12 months, the document certifying the termination of the employment contract shall be the original or a certified true copy of that contract.

c) The social insurance register.

The social security authority shall confirm the employee’s unemployment insurance contributions and return the social insurance register to the employee within 05 working days from the date of receipt of the employer’s request.

Where the employer is an agency, unit or enterprise affiliated to the Ministry of National Defence or the Ministry of Public Security, the social security authority of the Ministry of National Defence or the social security authority of the People’s Public Security shall confirm unemployment insurance contributions and return the social insurance register to the employee within 30 days from the date of receipt of the employer’s request.

2. Submission of applications for unemployment allowances

a) Within 03 months from the date of termination of the employment contract, working contract, or employment, or from the date of confirmation by the competent authority that the employer is unable to pay unemployment insurance contributions as prescribed in Clause 6, Article 3 of this Decree, an employee who has not yet obtained employment and wishes to receive unemployment allowances must submit an application for unemployment allowances either directly or via the National Public Service Portal to the public employment service provider in the division where the employee wishes to receive unemployment allowances.

In the case where the employee submits the application via the National Public Service Portal: the application shall consist of a photocopy of the original, a photocopy of a certified true copy, or an electronic version of one of the documents certifying the termination of an employment contract, working contract. The application for unemployment allowances shall be submitted directly in accordance with the provisions of clause 1 of this Article.

b) The employee may authorize another person to submit the application on his or her behalf or send the application by post if falling under one of the following cases: illness or maternity with certification from a competent health facility; accident with certification from the traffic police or a competent health facility; fire, flood, earthquake, tsunami, enemy sabotage or epidemic with certification from the Chairperson of the Commune-level People’s Committee.

The date of submission of the application for unemployment allowances in the above cases shall be the date on which the authorized person directly submits the application or the date indicated on the postal stamp in the case of submission by post.

c) The public employment service provider shall receive and check the application and schedule the return of result of the settlement of unemployment allowances. The public employment service provider shall return the result to the employee within 03 working days as indicated in the appointment note made using Form No. 04 enclosed herewith, either directly to the applicant if the application was submitted directly or by post if the application was submitted by post. Where the employee submits the application via the National Public Service Portal, a notification of the appointment for returning the result within 03 working days for the employee shall be posted on the Portal.

3. Within 10 working days from the date of submission of the application for unemployment allowances, if the employee no longer wishes to receive unemployment allowances, the employee must submit a waiver using Form No. 11 hereof, either directly or via the National Public Service Portal, to the public employment service provider to which the employee’s application was submitted.

Where the employee submitted the application directly, the public employment service provider shall return the application for unemployment allowances to the employee on the date indicated for returning results in the appointment note.

Article 15. Unemployment allowances and months for which unemployment allowances are provided

1. Monthly unemployment benefit of an employee shall be determined as follows:

In cases where the employee does not pay unemployment insurance contributions for the last months before being unemployed, the average salaries of the 06 consecutive months for which the unemployment insurance contributions were paid before the termination of the employment contract, working contract or employment shall be used instead.

The monthly unemployment benefit shall not exceed five times the regional minimum wage used as the basis for the unemployment insurance contributions as prescribed by the Labor Code at the time of termination of the employment contract.

2. Months for which unemployment allowances are provided shall be calendar months. Each month for which unemployment allowances are provided shall start from the date on which the employee begins to receive unemployment allowances until the corresponding date of the following month minus one day. If the following month does not have the corresponding date, the end date of the month for which unemployment allowances are provided shall be the last day of that month.

Article 16. Procedures for receiving unemployment allowances

1. The public employment service provider shall review and submit the application to the Director of the Department of Home Affairs for a decision on the employee’s entitlement to unemployment allowances within 15 working days from the date of receipt of a complete application as prescribed. In cases where the application for unemployment allowances is sent by post, the date of receipt of the application shall be determined as the delivery date indicated on the postal stamp. Where the application does not contain sufficient information as a basis for the settlement, the public employment service provider shall request the employee to supplement and complete the application using the Request form No. 03 enclosed herewith.

The decision on grant of unemployment allowances shall be sent by the public employment service provider as follows: 01 copy to the provincial-level social security authority where the employee is being provided unemployment allowances to make the payment of unemployment allowances and issue a health insurance card to the employee; 01 copy to the employee entitled to unemployment allowances. Where the employee submits the application via the National Public Service Portal, the Decision on grant of unemployment allowances shall be sent as follows: 01 copy to the employee and 01 copy to the provincial-level social security authority via the National Public Service Portal.

The decision on grant of unemployment allowances shall be issued in accordance with Form No. 12 enclosed herewith.

In cases where the employee is not entitled to unemployment allowances, the public employment service provider must notify the employee in writing and clearly state the reasons. Where the employee submits the application online, such notification shall be sent via the National Public Service Portal.

2. Payment of unemployment allowances

The social security authority shall pay unemployment allowances to the employee within 05 working days from the date the employee reaches the deadline for receiving the Decision on grant of unemployment allowances or the deadline for submitting the monthly job search log.

3. For cases where the employee submits the application directly, after 03 working days from the date indicated in the appointment note, if the employee does not come to receive the Decision on grant of unemployment allowances, the employee shall be deemed not to have a demand for unemployment allowances.

Within 02 working days from the expiry of the deadline for receiving the Decision on grant of unemployment allowances, the public employment service provider must inform the social security authority of the cases where employees fail to receive the decision so that payment may be suspended in accordance with regulations.

Within 07 working days from the date on which the employee fails to receive the Decision on grant of unemployment allowances as prescribed, the public employment service provider shall submit the case to the Director of the Department of Home Affairs for a decision on cancellation of the Decision on grant of unemployment allowances of the employee.

The Decision on cancellation of the decision on grant of unemployment allowances shall be sent by the public employment service provider as follows: 01 copy to the provincial-level social security authority so that unemployment allowances are not paid to the employee; and 01 copy to the employee. The decision on cancellation of the decision on grant of unemployment allowances shall be issued in accordance with Form No. 08 enclosed herewith.

4. Where an employee fails to receive unemployment allowances and does not provide written notification to the social security authority where the employee is being provided unemployment allowances within 03 months from the date of expiry of the period of entitlement to unemployment allowances specified in the decision on grant of unemployment allowances, the employee shall be deemed not to have a demand for unemployment allowances.

Within 07 working days after the above-mentioned date of expiry, the social security authority must notify the public employment service provider in the administrative division where the employee is being provided unemployment allowances that the employee has not come to receive the unemployment allowances. The notification shall be made using Form No. 13 enclosed herewith.

Within 10 working days from the date of receipt of the notification from the social security authority, the public employment service provider shall review and submit the case to the Director of the Department of Home Affairs for a decision on preservation of the employee’s contribution period.

The decision on preservation of the contribution period shall be sent by the public employment service provider as follows: 01 copy to the provincial-level social security authority to preserve the contribution period for the employee; and 01 copy to the employee. Where the employee submits the application via the National Public Service Portal, the Decision on preservation of the contribution period shall be sent as follows: 01 copy to the provincial-level social security authority, and 01 copy to the employee via the National Public Service Portal.

The decision on preservation of the unemployment allowances shall be issued in accordance with Form No. 14 enclosed herewith.

Where the employee submits the application via the National Public Service Portal, the Decision on preservation of the contribution period shall be sent as follows: 01 copy to the employee and 01 copy to the provincial-level social security authority via the National Public Service Portal.

5. Procedures and methods for payment of unemployment allowances shall be implemented in accordance with the guidelines of Vietnam Social Security.

Article 17. Suspension from grant of unemployment allowances

Within 02 working days from the date on which the employee fails to send a monthly job search log as prescribed, the public employment service provider in the administrative division where the employee is being provided unemployment allowances shall submit the case to the Director of the Department of Home Affairs for a decision on suspension from grant of unemployment allowances of the employee.

The decision on suspension from grant of unemployment allowances shall be sent by the public employment service provider as follows: 01 copy to the provincial-level social security authority where the employee is being provided unemployment allowances to suspend grant of unemployment allowances for the employee; and 01 copy to the employee. Where the employee submits the application via the National Public Service Portal, the Decision on suspension from grant of unemployment allowances shall be sent as follows: 01 copy to the employee and 01 copy to the provincial-level social security authority via the National Public Service Portal.

The decision on suspension from grant of unemployment allowances shall be issued in accordance with Form No. 15 enclosed herewith.

Article 18. Resumption of grant of unemployment allowances

In case an employee whose unemployment allowances have been suspended resumes sending a monthly job search log as prescribed, the public employment service provider shall, within 02 working days from the receipt of such notification, submit the case to the Director of the Department of Home Affairs for a decision on resumption of grant of unemployment allowances for the employee, provided that the period of entitlement to unemployment allowances is unexpired.

The Decision on resumption of grant of unemployment allowances shall be sent by the public employment service provider as follows: 01 copy to the grassroots-level social security authority to resume the payment of unemployment allowances for the employee; and 01 copy to the employee. Where the employee submits the application via the National Public Service Portal, the Decision on resumption of grant of unemployment allowances shall be sent as follows: 01 copy to the employee and 01 copy to the provincial-level social security authority via the National Public Service Portal.

The decision on resumption of grant of unemployment allowances shall be issued in accordance with Form No. 16 enclosed herewith.

Article 19. Termination of unemployment allowances

1. Cases in which an employee currently receiving unemployment allowances shall have his or her unemployment allowances terminated are as follows:

a) The employee has obtained employment and falls under the category subject to compulsory social insurance as stipulated by the Law on Social Insurance;

An employee shall be considered as having obtained employment if they have concluded a working contract or employment contract, including cases where the employee and employer reach an agreement on another name but the content indicates paid employment of at least 01 month. The date on which the employee is considered as having obtained employment in this case shall be the effective date of the contract in accordance with law; the employee has a recruitment or appointment decision issued in the case where the employee is not subject to conclusion of an employment contract or a working contract. The date on which the employee is considered as having obtained employment in this case shall be the date of recruitment or appointment stated in the decision; the employee has a certificate of household business registration granted in the case where the employee is the household business owner or has a certificate of enterprise registration in the case where the employee is the enterprise owner.  The date on which the employee is considered as having obtained employment in this case shall be the date on which the employee notifies the public employment service provider that the household business or the enterprise begins business operations; or the employee is a guest worker.  The date on which the employee is considered as a guest worker in this case shall be the date of exit from the country in accordance with the law on entry and exit.

b) The employee fulfills military obligations, obligations to participate in the People’s Police or standing militia;

The date on which the employee is considered as having fulfilled their military obligations, obligations to participate in the People’s Police or regular militia shall be the date of enlistment.

c) The employee receives a pension on a monthly basis

The date on which the employee is considered to receive a pension shall be the first day on which the pension is provided as stated in the document issued by the social security authority concerning the monthly pension entitlement of employees.

d) After 02 refusals of job referred by the public employment service provider in the administrative division where the employee is being provided unemployment allowances without valid justification

A recipient of unemployment allowances refusing employment in the following cases shall be deemed to have no valid justification: the employee fails to attend the recruitment to a job suitable to his or her occupation, professional qualification or a job similar to the former job recorded in the employment counseling and job referral form that is referred by the public employment service provider; the employee has attended the recruitment to a job referred by the public employment service provider in the administrative division where he/she is being provided unemployment allowances and is recruited by the employer but refuses to accept the job, except where the job does not correspond to the recruitment notice of the employer.

The date considered the date on which unemployment allowances are terminated shall be the date of the second occurrence of such refusal.

dd) During the period of receiving unemployment allowances, the employee fails to submit the monthly job search logs to the public employment service provider for 03 consecutive months.

The date on which the employee is considered having unemployment allowances terminated shall be the last day of the time limit for submission of job search logs of the third consecutive month in which the employee fails to submit the monthly logs.

e) The employee goes abroad to settle permanently

The date on which the employee is considered to go abroad to settle permanently in this case shall be the date of exit in accordance with the law on entry and exit.

g) The employee is on study assignment of more than 12 months

The date on which the employee is considered to be on study assignment of more than 12 months shall be the date of enrolment stated in the admission notice.

h) The employee is subject to administrative penalties for violations of unemployment insurance laws

The date on which the employee is considered to be subject to administrative penalties shall be the date on which the decision on imposition of administrative penalty is issued by the competent authority.

i) The employee died

The date of death shall be the date recorded in the death certificate.

k) The employee complies with the decision on sending to a reformatory or a compulsory education institutions and compulsory rehabilitation facility

The date on which the employee is considered complying with the decision shall be the start date of imposition of the administrative penalty stated in the decision of the competent authority.

k) The employee is declared missing by the court

The date on which the employee is considered to be missing shall be the date specified in the court decision.

m) The employee is being placed in temporary detention or serving a prison sentence

The date on which the employee is considered to be placed in temporary detention or to serve a prison sentence shall be the date on which the detention or imprisonment decision of the competent authority begins to take effect.

n) At the request of the employee

The date on which the employee is considered to have unemployment allowances terminated shall be the date on which the employee submits a request to the public employment service provider.

2. The employee must, within 03 working days from the date the employee falls under the cases prescribed in Clause 5 Article 41 of the Law on Employment and Point c Clause 1 of this Article, submit a notification either directly or via the National Public Service Portal to the public employment service provider in the administrative division where he or she is being provided unemployment allowances, together with copies of documents related to the termination of unemployment allowances.

The notification of termination of unemployment allowances shall be made using Form No. 17 enclosed herewith.

3. Where a recipient of unemployment allowances has his or her unemployment allowances terminated, the public employment service provider in the administrative division where the employee is being provided unemployment allowances shall submit the case to the Director of the Department of Home Affairs for a decision on termination of unemployment allowances.

The Decision on termination of unemployment allowances shall be sent by the public employment service provider as follows: 01 copy to the provincial-level social security authority to terminate unemployment allowances for the employee; and 01 copy to the employee. Where the employee submits the application via the National Public Service Portal, the Decision on termination of unemployment allowances shall be sent as follows: 01 copy to the employee and 01 copy to the provincial-level social security authority via the National Public Service Portal.

The decision on termination of unemployment allowances shall be issued in accordance with Form No. 18 enclosed herewith.

4. A recipient of unemployment allowances who has his/her unemployment allowances terminated on days of a month in which he/she is entitled to receive unemployment allowances shall continue to receive unemployment allowances for the entire month.

5. An employment whose unemployment allowances are terminated falling under the cases specified in clause 5 Article 41 of the Law on Employment shall not have their contribution period preserved if he/she fails to submit a notification as prescribed in clause 2 of this Article.

Article 20. Change of administrative divisions (provinces/cities) where of employees receive unemployment allowances

1. An employee who has received unemployment allowances of at least 01 month in accordance with regulations and then wishes to change the province/city where he/she receives unemployment allowances shall submit, either directly or via the National Public Service Portal, a request for change of province/city made using Form No. 19 hereof to the public employment service provider in the province/city where the employee is currently receiving unemployment allowances.

2. Within 03 working days from the date of receipt of the employee’s request, the public employment service provider shall send a notification of change of province/city made using Form No. 20 hereof to the provincial-level social security authority to suspend the payment of unemployment allowances, and simultaneously send a letter of introduction made using Form No. 21 hereof together with an application for change of province/city to the public employment service provider in the new province/city where the employee wishes to continue receiving unemployment allowances.

The application for change of province/city where the employee receives unemployment allowances shall include:

a) The employee’s request for change of province/city;

b) The letter of introduction;

c) A copy of the decision on grant of unemployment allowances;

d) Copies of the decision on providing vocational training support, decision on suspension from grant of unemployment allowances, and decision on resumption of grant of unemployment allowances (if any);

dd) copies of the monthly job search log (if any) and other documents contained in the application for unemployment allowances.

3. Within 03 working days from the receipt of the application for change of province/city where the employee receives unemployment allowances submitted by the employee, the public employment service provider shall submit a written request for the social security authority in the new province/city to resume paying unemployment allowances and issuing a health insurance card to the employee. The written request shall be made using Form No. 22 enclosed herewith.

4. In cases where the employee has received the application for change of the province/city where the employee receives unemployment allowances but has not submitted it to the public employment service provider in the new province/city and no longer wishes to change, the employee must return the letter of introduction to the public employment service provider in the province/city where the employee is currently receiving unemployment allowances. Within 03 working days from the receipt of the letter of introduction that was returned, the public employment service provider shall submit a written request for the provincial-level social security authority to resume paying unemployment allowances and issuing a health insurance card to the employee.

5. Where the employee no longer wishes to change, the employee shall submit a request to withdraw the application for change to the public employment service provider in the province/city where the employee is receiving unemployment allowances using Form No. 23 hereof.

Within 03 working days from the date of receipt of the employee’s request to withdraw the application for change, the public employment service provider in the new province/city shall send the letter of introduction made using Form No. 21 hereof and the application for change province/city to the public employment service provider in the province/city where the employee is currently receiving unemployment allowances.

6. The social security authority in the new province/city shall pay unemployment allowances and issue a health insurance card to the employee as prescribed by law.

Article 21. Submission of job search logs

1. A person shall submit monthly job search logs, during the period of entitlement to unemployment allowances, either directly or via the National Public Service Portal, to the public employment service provider in the province/city where the employee is receiving unemployment allowances, in accordance with Form No. 24 hereof.

2. The date on which the employee’s monthly job search log is submitted shall be specified in the appendix to the decision on grant of unemployment allowances of the employee as follows:

a) The date on which the monthly job search log is submitted (date of submission of the monthly log) for the first month in which the unemployment allowances are provided shall fall within 03 working days during which the employee receives the result of the processing of their application for unemployment allowances.

b) From the second month in which unemployment allowances are provided onwards, the date of submission of the monthly log shall fall within 03 working days from the first day of the month in which unemployment allowances are provided.

Where the period during which monthly job search logs are submitted falls within the period that the employee is affected by fire, flood, earthquake, tsunami, enemy sabotage or an epidemic and therefore cannot make job search logs, the public employment service provider shall review the case and submit it to the Director of the Department of Home Affairs for a decision on adjusting the date of submission of the monthly log in order to ensure the employee’s rights and interests.

3. Where the date of submission of the monthly log of an employee falls within the period of change of province/city where the employee receives their unemployment allowances, the employee shall send the monthly job search log to the public employment service provider in the new province/city.

4. A person receiving unemployment allowances shall be deemed to have sent the monthly job search log when he or she has correctly and fully completed all contents in the monthly job search log and shall be responsible for the contents declared.

5. Within 02 working days from the expiry of the time limit for sending monthly job search logs, the public employment service provider shall inform the social security authority of cases where employees fail to send monthly job search logs so that payment of unemployment allowances may be suspended in accordance with regulations.

Chapter VI

SUPPORT FOR EMPLOYERS IN PROVIDING TRAINING, REFRESHER TRAINING FOR UPGRADING VOCATIONAL SKILLS IN ORDER TO MAINTAIN EMPLOYMENT FOR EMPLOYEES

Article 22. Subjects and conditions for supporting employers in providing training, refresher training for upgrading vocational skills in order to maintain employment for employees

1. Any of the employers prescribed in Clause 3 Article 31 of the Law on Employment is required to reduce, or is at risk of having to reduce, the number of employees participating in unemployment insurance by 30% or more, or by 30 employees or more in the case of employers employing fewer than 200 employees; 50 employees or more in the case of employers employing from 200 to 1.000 employees; or 100 employees or more in the case of employers employing more than 1.000 employees, and who fall under one of the following circumstances:

a) They change their organizational structure or technology in accordance with the provisions of the Labor Code.

b) Due to economic reasons as prescribed in the Labor Code, with certification from the Chairperson of the commune-level People’s Committee.

c) The headquarters, or the location of a branch, representative office, or manufacturing/business facility, is situated in an area affected by natural disasters, fires, enemy sabotage, or dangerous epidemics, or where material facilities, equipment, machinery, or factories have been damaged due to such events, as certified by the Chairperson of the commune-level People’s Committee.

d) They implement a decision of a competent state authority regarding the relocation or downsizing of manufacturing or business premises.

2. The employer specified in Clause 1 of this Article shall be entitled to one-off support upon satisfying the following conditions:

a) The employer has fully paid unemployment insurance contributions in accordance with Clause 2 Article 33 of the Law on Employment for at least 12 months within the 24-month period preceding the month immediately prior to the month of submitting the request for support, or up to the month including the date on which the request for support for training, refresher training for upgrading vocational skills to maintain employment for employees is submitted, if the employer has already paid unemployment insurance contributions for that month.

b) The employer has a plan for training, refresher training for upgrading vocational skills and a plan for maintaining employment for employees in the occupations for which they have been trained, with a minimum duration of 12 months, in accordance with Form No. 25 hereof.

Article 23. Levels and period of support for employers in providing training and refresher training for upgrading vocational skills to maintain employment for employees

1. The level of support shall be determined on the monthly basis and on the basis of the tuition fee charged by the vocational education institution but shall not exceed VND 1.000.000 per person per month.

2. The period of support for training or refresher training for upgrading vocational skills shall be determined according to the training duration of the vocational education institution but shall not exceed 06 months.

If the duration of a training/refresher training course is not complete months, it shall be rounded as follows: a duration of 14 days or fewer shall be deemed 1/2 month; a duration of 15 days or more shall be deemed 01 month.

3. Where an employee who is participating in a training/refresher training course on vocational skills upgrading terminates his or her employment contract or working contract under the cases specified in Clauses 1, 2, 3, and 4 Article 25 of this Decree, the training period of the month in which the employee terminates the employment contract or working contract, or the month immediately preceding the month in which the employee terminates the employment contract or working contract, shall be taken into account for the provision of financial support according to the following principles:

a) Where the last day of training attended by the employee before terminating the employment contract or working contract is not the day of an incomplete month of the training/refresher training course as prescribed in Clause 2 of this Article, if the employee has attended at least one day of training in that month, it shall be counted as a complete month.

b) Where the last day of training attended by the employee before terminating the employment contract or working contract is the day of an incomplete month of the training/refresher training course as prescribed in Clause 2 of this Article, it shall be rounded as follows: a duration of 14 days or fewer shall be deemed 1/2 month; a duration of 15 days or more shall be deemed 01 month.

4. If the tuition fee of a training/refresher training course on vocational skills upgrading exceeds the level of support prescribed in Clause 1 of this Article, the amount exceeding the support level shall be paid by the employer.

Article 24. Applications for support for employers in providing training, refresher training for upgrading vocational skills in order to maintain employment for employees

An application shall include:

1. A written request for support for training, refresher training for upgrading vocational skills to maintain employment for employees made using Form No. 26 hereof.

2. The original, a certified true copy, a copy presented together with the original for comparison, or an electronic copy of one of the following documents confirming that the employer falls within the category eligible for support as prescribed in Clause 1 Article 22 of this Decree. To be specific:

a) A written document issued by the employer regarding changes in organizational structure or technology.

b) A written document issued by the Chairperson of the People’s Committee of the commune where the employer’s headquarters, branch, representative office or manufacturing and business facility is located, certifying that such facility is affected due to economic reasons.

c) A written document issued by the Chairperson of the People’s Committee of the commune where the employer’s headquarters, branch, representative office, or manufacturing and business facility is located, certifying that such facility is affected by natural disasters, fires, enemy sabotage, or dangerous epidemics, or material facilities, equipment, machinery or factories have been damaged due to such events.

d) A decision of a competent regulatory authority regarding the relocation or downsizing of manufacturing or business premises.

3. A training/refresher training course on vocational skills upgrading to maintain employment for employees as prescribed in point b clause 2 Article 22 of this Decree.

4. A written confirmation issued by the social security authority where the employer pays unemployment insurance contributions on behalf of the employee as prescribed in point a clause 2 Article 22 of this Decree.

Article 25. Responsibilities for organizing training, refresher training for upgrading vocational skills in order to maintain employment for employees

Employers shall be responsible for organizing training, refresher training for upgrading vocational skills and for employing employees in accordance with the plan approved under the decision on support issued by the Director of the Department of Home Affairs. Where an employee is not assigned and maintained in employment in accordance with the approved plan after completing training, refresher training for upgrading vocational skills, or where an employee who is participating in a training course, refresher training course on vocational skills upgrading terminates their employment contract or working contract, the employer shall be required to reimburse in full the financial support for training or refresher training for upgrading vocational skills provided for such employee, except in the following cases:

1. The employer has the right to unilaterally terminate the employment contract with the employee in accordance with the Labor Code, or to unilaterally terminate the working contract with the employee in accordance with the Law on Public Employees.

2. The employee is dismissed in accordance with the Labor Code.

3. The employee unilaterally terminates the employment contract in accordance with Clause 1 Article 35 and Points d and e Clause 2 Article 35 of the Labor Code, or unilaterally terminates the working contract in accordance with Clause 4 and Points d, dd and e Clause 5 Article 29 of the Law on Public Employees.

4. The employee unilaterally terminates the employment contract in violation of the provisions of the Labor Code, or unilaterally terminates the working contract not in compliance with the Law on Public Employees.

Article 26. Procedures for support for employers in providing training and refresher training for upgrading vocational skills in order to ensure employee retention for employees

1. An employer that wishes to receive support for training, refresher training for upgrading vocational skills in order to ensure employee retention (or to maintain employment) for their employees shall request the social security authority where it participates in social insurance to certify the full payment of unemployment insurance contributions in accordance with Point a Clause 2 Article 22 of this Decree. At the same time, the employer shall request the Chairperson of the commune-level People’s Committee to provide certification if the employer falls under one of the cases specified in Points b and c Clause 1 Article 22 of this Decree.

Within 02 working days from the date of receiving the employer’s request, the social security authority shall issue the certification. Within 05 working days from the receipt of the employer’s request, the Chairperson of the commune-level People’s Committee shall issue the certification.

2. Within 06 months from the date the employer falls under the cases specified in Clause 1 Article 22 of this Decree and wishes to receive support for training, refresher training for upgrading vocational skills to maintain employment for employees, the employer must submit an application in accordance with Article 24 of this Decree to the public employment service provider in the administrative division where the employer’s headquarters is located. Where the employer submits the application via the National Public Service Portal, the application shall consist of the photocopies of the originals, the photocopies of the certified true copies or the electronic versions of the documents specified in Clauses 2, 3, and 4 Article 24 of this Decree. Where the application is submitted by post, the date of submission shall be the date indicated on the postal stamp.

3. The public employment service provider shall take charge and cooperate with relevant agencies and units in examining the application and submitting it to the Director of the Department of Home Affairs for a decision on support for the employer in providing training, refresher training for upgrading vocational skills to maintain employment for their employees within 20 working days from the receipt of a complete application. Where the application lacks necessary information for settlement, the public employment service provider shall request the employer to supplement and complete the application in accordance with Form No. 03 hereof. The Decision on support for training, refresher training for upgrading vocational skills to maintain employment for employees shall be issued in accordance with Form No. 27 hereof.

The decision shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security authority to provide financial support; 01 copy to the employer for implementation; 01 copy to the vocational training institution in cases where the training is not conducted by the employer.

Where support is not granted, the public employment service provider must issue a written response stating the reasons for the refusal to the employer in accordance with Form No. 28 hereof.

Where the application is submitted via the National Public Service Portal, the settlement and return of results shall be conducted through the National Public Service Portal.

4. Within 03 working days from the receipt of the support decision issued by the Director of the Department of Home Affairs, the provincial-level social security authority shall transfer the entire financial support to the employer in a lump sum.

5. Within 02 working days from the receipt of the financial support, the employer shall transfer it to the vocational training institution in accordance with the approved training plan, in cases where the training is not conducted by the employer.

6. Within 45 days from the completion of the training, the employer must finalize the settlement of training expenses and submit a written report on the results of implementation to the public employment service provider to which the employer’s application was submitted. Where the training is conducted by a vocational training institution, the employer shall cooperate with the institution in completing the settlement procedures.

7. Within 05 working days from the receipt of the employer’s report as prescribed in Clause 6 of this Article, the public employment service provider shall submit the case to the Director of the Department of Home Affairs for issuance of a decision on recovery of any remaining training funds (if any) in accordance with Form No. 29 enclosed with this Decree.

The decision on recovery shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security authority to carry out the recovery; and 01 copy to the employer for implementation.

8. Within 05 working days from the receipt of the decision on recovery, the employer must refund the amount to the Unemployment Insurance Fund.

9. Where the employer has submitted the application for support but has not yet received the financial support, or has received the financial support but has not yet organized the training or refresher training according to the approved plan and no longer wishes to receive support, the employer must send a written notification made using Form No. 30 hereof to the public employment service provider to which the employer’s application was submitted.  Procedures for settlement:

a) Where the public employment service provider has not submitted the application to the Director of the Department of Home Affairs for a decision, the application shall be returned to the employer.

b) Where the application has been submitted to the Director of the Department of Home Affairs but has not yet been sent to the provincial-level social security authority for transfer of financial support to employees, the public employment service organization shall, within 03 working days from the receipt of the employer’s notification, submit the case to the Director of the Department of Home Affairs for issuance of a decision on cancellation of the support decision in accordance with Form No. 31 hereof and send 01 copy to the employer.

c) Where the employer has already received the financial support, the public employment service provider shall, within 03 working days from the receipt of the employer’s notification, submit the case to the Director of the Department of Home Affairs for issuance of a decision on recovery of the financial support in accordance with Form No. 29 hereof.

The decision on recovery shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security authority to carry out the recovery; and 01 copy to the employer for implementation.

Within 05 working days from the receipt of the decision on recovery, the employer must refund the amount to the Unemployment Insurance Fund.

10. Where the employer fails to arrange and maintain employment for an employee in accordance with the approved plan specified in Point b Clause 2 Article 22 of this Decree, the employer must refund the entire financial support received for such employee to the Unemployment Insurance Fund. Procedures are as follows:

a) Within 02 working days from the date of termination of the employment contract, working contract, or employment with the employee under the approved plan, the employer must send a written notification using Form No. 32 hereof together with documents confirming the termination to the public employment service provider to which the employer’s application was submitted.

c) The public employment service provider shall, within 03 working days from the receipt of the employer’s notification and the documents as prescribed in point a of this clause, submit the case to the Director of the Department of Home Affairs for issuance of a decision on recovery of the financial support in accordance with Form No. 29 hereof.

The decision on recovery shall be sent by the public employment service organization as follows: 01 copy to the provincial-level social security authority to carry out the recovery; and 01 copy to the employer for implementation.

c) Within 05 working days from the receipt of the decision on recovery, the employer must refund the amount to the Unemployment Insurance Fund.

11. The procedures and methods for transferring financial support to employers and recovering it shall be implemented in accordance with the guidance of Vietnam Social Security.

Chapter VII

UNEMPLOYMENT INSURANCE FUND

Article 27. Expenditures for the organization and operation of unemployment insurance

1. The items and levels of expenditures for the organization and operation of unemployment insurance shall be implemented in accordance with the expenditure levels and items for the organization and operation of social insurance as prescribed in the Law on Social Insurance and the Government’s regulations on the financial mechanism for social insurance, unemployment insurance and health insurance; and expenditures for the organization and operation of social insurance, unemployment insurance and health insurance.

2. Expenditures for the organization and operation of unemployment insurance carried out by public employment service providers shall be determined on the basis of the workload and the prices of public services funded by the Unemployment Insurance Fund promulgated by the Ministry of Home Affairs, and on the basis of the assigned tasks approved by competent authorities as prescribed in Article 16, Article 17, Clause 2 and Clause 3 Article 18, Clause 4, Clause 9, Clause 10 and Clause 11 Article 19, and Clause 1 Article 20 of Decree No. 233/2025/ND-CP dated August 26, 2025 of the Government.

3. The list of public services funded by the Unemployment Insurance Fund includes:

a) Employment counseling and job referral services for employees, including: Employment counseling services; job referral services.

b) Services for processing of applications for support for training, refresher training for upgrading vocational skills to maintain employment for employees, including: Services for receiving and processing applications for support for training, refresher training for upgrading vocational skills to maintain employment for employees; services for returning results of processing applications for support for training, refresher training for upgrading vocational skills to maintain employment for employees.

c) Services for processing unemployment allowances, including: Services for receiving and processing applications for unemployment allowances; services for job search log; services for suspension from grant of unemployment allowances; services for resumption of grant of unemployment allowances; services for termination of unemployment allowances; services for change and acceptance of new province/city where employees receive unemployment allowances.

d) Services for receiving and processing support for employees for participating in training for upgrading their vocational skills: Services for receiving and processing applications for support for employees for participating in training for upgrading vocational skills; services for returning results of support for employees for participating in training for upgrading vocational skills.

4. Prices of public services funded by the Unemployment Insurance Fund shall be promulgated by the Ministry of Home Affairs.

Article 28. Investments from the Unemployment Insurance Fund

1. The investment portfolio and investment methods of the Unemployment Insurance Fund shall be implemented in accordance with the investment portfolio and investment methods of the Social Insurance Fund as prescribed in the Law on Social Insurance.

2. Investments from the Unemployment Insurance Fund shall comply with the Government’s Decree elaborating investments from the social insurance fund, health insurance fund and unemployment insurance fund and any amendments or supplements thereto (if any).

Chapter VIII

RIGHTS AND RESPONSIBILITIES OF RELEVANT AGENCIES, ORGANIZATIONS AND INDIVIDUALS IN IMPLEMENTING UNEMPLOYMENT INSURANCE

Article 29. Rights of employees

An employee shall have the right to:

1. receive their social insurance register with full certification of unemployment insurance contributions upon termination of the employment contract or working contract.

2. receive unemployment benefits in accordance with regulations.

3. authorize another person to submit the application for unemployment allowances and receive the decision on grant of unemployment allowances in accordance with regulations.

4. request the employer to provide information on unemployment insurance contributions; request the public employment service provider and social security authority to provide information related to unemployment insurance.

5. lodge complaints or denunciations regarding unemployment insurance in accordance with the law.

6. have other rights as defined by law.

Article 30. Obligations of employees

An employee shall have the obligation to:

1. pay unemployment insurance contributions fully and on time in accordance with regulations.

2. comply with regulations on participation in unemployment insurance.

3. properly keep and use the social insurance register and health insurance card in accordance with regulations.

4. notify the next employer in cases where the employee entering into multiple employment contracts terminates the employment contract under which they are participating in unemployment insurance in order to continue participating in unemployment insurance in accordance with regulations.

5. Submit the application for unemployment allowances or vocational training support to the public employment service provider when they have such demand.

6. send monthly job search log to the public employment service provider during the period of entitlement to unemployment allowances in accordance with regulations.

7. immediately notify the public employment service provider to which the application for unemployment allowances was submitted within 10 working days from the date of submitting the application for unemployment allowances or training support if the employee has obtained employment.

8. receive notifications or decisions as per regulations, including: notification of ineligibility for unemployment allowances or training support; decision on grant of unemployment allowances; decision on cancellation of the decision on grant of unemployment allowances; decision on providing support for training for upgrading vocational skills; decision on suspension from grant of unemployment allowances; decision on resumption of grant of unemployment allowances; decision on termination of unemployment allowances; decision on preservation of contribution period.

9. notify the public employment service provider in accordance with regulations when falling under cases of termination of unemployment allowances.

10. participate in and comply with regulations on training, refresher training for upgrading vocational skills when the employer organizes such training to maintain employment for employees under the support decision of the Director of the Department of Home Affairs.

11. fully comply with employment insurance laws and other relevant laws.

Article 31. Rights of employers

An employer shall have the right to:

1. receive support for training, refresher training for upgrading vocational skills to maintain employment for employees as per regulations.

2. refuse to carry out requests that are inconsistent with unemployment insurance laws.

3. lodge complaints or denunciations regarding unemployment insurance in accordance with the law.

4. have other rights as defined by law.

Article 32. Responsibilities of employers

An employer shall:

1. take charge and cooperate with the grassroots trade union organization in providing information and disseminating policies and laws on unemployment insurance.

2. identify persons subject to participation in unemployment insurance; carry out procedures for participation in unemployment insurance; and pay unemployment insurance contributions accurately, fully and in a timely manner in accordance with the law.

3. keep and preserve employees’ unemployment insurance participation records during the period the employees work at the entity. present documents and dossiers and provide relevant information at the request of competent regulatory authorities during inspections or examinations concerning unemployment insurance.

4. provide information on unemployment insurance contributions within 02 working days from the date the employee makes the request.

5. provide documents concerning the termination of the employment contract/working contract or employment within 02 working days from the date the employee terminates the employment contract/working contract or employment.  carry out procedures for certification of unemployment insurance contributions for the employee so that the employee can complete their unemployment claims in accordance with regulations.

6. cooperate with public employment service providers in providing employment contracts/working contracts when verification of employment information is required. notify the public employment service provider in the administrative division where the employer’s headquarters is located of any changes in the workforce at the entity. For units affiliated to the armed forces, follow the guidance of the Minister of National Defense and the Minister of Public Security.

7. Before 15 January each year, submit a report to the Department of Home Affairs on the unemployment insurance participation situation of the preceding year.

8. organize training, refresher training for upgrading vocational skills for employees, and employ the employees who have been trained in accordance with the approved plan attached to the decision on providing support for training, refresher training for upgrading vocational skills to maintain employment for employees issued by the Director of the Department of Home Affairs.

9. use financial support for the correct beneficiaries and for the intended purposes, and report the results of the training organization to the public employment service provider to which the employer’s application was submitted after the completion of the training course on vocational skills upgrading in accordance with regulations.

10. In cases where the employer increases or decreases its workforce by 50 employees or more, notify the public employment service provider in the administrative division where its headquarters is located of such labour fluctuations using Form No. 33 hereof in order to receive timely advice and support.

11. perform other responsibilities as per the law.

Article 33. Rights of public employment service providers

A public employment service provider has the right to:

1. refuse requests for unemployment benefits that are inconsistent with laws.

2. propose to competent regulatory authorities to make formulation, amendment or supplementation of mechanisms, policies and laws on unemployment insurance and the management of the Unemployment Insurance Fund.

3. propose to competent regulatory authorities to handle violations of law on unemployment insurance.

4. have other rights as defined by law.

Article 34. Responsibilities of public employment service providers

A public employment service provider shall:

1. provide information and disseminate policies and laws on unemployment insurance.

2. organize the receipt and appraisal of applications for support for training, refresher training for upgrading vocational skills to maintain employment for employees, and submit them to the Director of the Department of Home Affairs for issuance of a decision on support. monitor and supervise the process of support for training, refresher training for upgrading vocational skills in accordance with the support decision of the Director of the Department of Home Affairs.

3. organize the receipt, reviewing and processing of applications for unemployment allowances and for support for training, refresher training for upgrading vocational skills. Where, during the provision of online public services, electronic data on population, social insurance, or unemployment insurance of an employee are inconsistent with information shown on legally valid documents such as the Citizen ID card, social insurance register or other lawful documents, the public employment service provider shall guide the employee to request the competent authority to review, verify and adjust the electronic data, and to submit the application directly in accordance with regulations.

4. organize employment counseling and job referral for employees in accordance with the law.

5. promptly notify the social security authority in the case where an employee fails to receive the decision on grant of unemployment allowances, fails to send a job search log and falls under the cases of termination of unemployment allowances in accordance with regulations, before submitting the case to the Director of the Department of Home Affairs for issuance of a decision on cancellation of the decision on grant of unemployment allowances, or a decision on suspension from grant of unemployment allowances, or a decision on termination of unemployment allowances. recover amounts of unemployment benefits that were improperly paid due to the failure of the public employment service provider to comply with the provisions of Clause 3 Article 16 and Clause 5 Article 21 of this Decree.

6. uniformly apply information technology and electronic transactions in the receipt, processing and management of unemployment claims nationwide; ensure data connection and sharing among unemployment insurance implementing agencies, social security authorities, and other relevant agencies through the National Public Service Portal and specialized information systems in accordance with the law; ensure information and data security and confidentiality; maintain, update and ensure the stable operation of information systems; and promptly handle or report technical incidents arising during electronic transactions to competent authorities for resolution.

7. inspect, monitor, and update information of employees related to the provision and receipt of unemployment benefits.

8. submit periodic reports (monthly reports, quarterly reports, annual reports) and ad-hoc reports to the Ministry of Home Affairs and the Department of Home Affairs on unemployment insurance in accordance with the law.

9. provide documents and information relating to unemployment insurance at the request of employees, trade union organizations and competent authorities in accordance with the law.

10. archive and preserve unemployment claims in accordance with the law.

11. organize professional training and refresher training and the application of information technology in unemployment insurance management and the provision of unemployment benefits for employees in accordance with regulations.

12. Before the 3^rd day of each month, the public employment service provider shall submit reports to the Department of Home Affairs and the Employment Department (Ministry of Home Affairs) on the implementation of unemployment insurance policies in their administrative division according to Form No. 34 hereof (calculated based on the calendar month immediately preceding the reporting time).

13. Every six months, before 15 July, and annually, before 15 January, the public employment service provider shall submit reports to the Department of Home Affairs and the Employment Department (Ministry of Home Affairs) on the implementation of unemployment insurance policies in the administrative division according to Form No. 35 hereof.

14. participate in the implementation of international cooperation on unemployment insurance.

15. perform other responsibilities as per the law.

Article 35. Rights of social security authorities

A social security authority shall have the right to:

1. inspect the payment of unemployment insurance contributions of employees and employers.

2. refuse requests for provision of unemployment benefits that are inconsistent with laws.

3. suspend the provision of unemployment benefits in cases where there are grounds to determine that the receipt of unemployment benefits is not in accordance with regulations.

4. propose to competent authorities to make formulation, amendment or supplementation of mechanisms, policies and laws on unemployment insurance; manage and use the Unemployment Insurance Fund; and handle violations of the law on unemployment insurance, or propose to competent regulatory authorities to handle violations of the law on unemployment insurance in accordance with the law.

5. have other rights as defined by law.

Article 36. Responsibilities of the social security authorities

A social security authority shall:

1. annually send a notification of information on the employee’s unemployment insurance contributions to the employee.

2. disseminate mechanisms, policies and laws on unemployment insurance; provide guidance on procedures for registration and collection of unemployment insurance contributions of employees and employers subject to participation in unemployment insurance.

3. organize collection of unemployment insurance contributions.

4. Provide information on the participation and payment of unemployment insurance contributions of employees to public employment service providers in their administrative division, except for social security authority of the Ministry of National Defence or the social security authority of the People’s Public Security.

5. pay unemployment allowances; provide support for training for upgrading vocational skills; and provide support for training, refresher training for upgrading vocational skills to maintain employment for employees.

6. suspend the provision of unemployment benefits to maintain employment for employees upon a decision of a competent authority.

recover unemployment benefits that were improperly paid due to the implementation of the decision on grant of unemployment benefits, or that were made beyond the prescribed time limits, or that were made in violation of the regulations due to the incorrect collection of unemployment insurance contributions.

7. issue health insurance cards and pay health insurance contributions for persons receiving unemployment allowances in accordance with the law.

8. manage and use the Unemployment Insurance Fund in accordance with the law.

9. implement measures to preserve and grow the Unemployment Insurance Fund in accordance with the law.

10. transfer expenditures for unemployment insurance management to the Ministry of Home Affairs in accordance with regulations.

11. organize the implementation of statistical and accounting work relating to unemployment insurance.

12. cooperate with public employment service providers in applying information technology and electronic transactions in the management, certification, and provision of unemployment benefits and in the storage of applications of participants in unemployment insurance; ensure connection, sharing, verification, and exploitation of data relating to social insurance and unemployment insurance through the National Public Service Portal and specialized information systems in accordance with the law; and implement measures to ensure the employees’ information and data security and confidentiality, maintain, update and ensure the stable operation of information systems, and promptly handle or report technical incidents arising during electronic transactions to competent authorities.

13. timely provide adequate information on participation in and payment of unemployment insurance contributions; review and reconcile electronic data and the social insurance register; and submit reports to competent authorities on adjustment of electronic data upon request of employees.

14. provide documents and information relating to unemployment insurance at the request of competent regulatory authorities.

15. settle complaints or denunciations regarding the implementation of unemployment insurance in accordance with the law.

16. Every six months, before 31 July, and annually, before 31 January, submit reports to the Ministry of Finance and the Ministry of Home Affairs on the situation of revenue, expenditure, management and use of the Unemployment Insurance Fund for the first six months of the year and for the preceding year.

17. perform other responsibilities as per the law.

Article 37. Rights of Departments of Home Affairs

1. Issue decisions on grant of unemployment allowances, decisions on providing support for training for upgrading vocational skills, decisions on suspension from grant of unemployment allowances, decisions on resumption of grant of unemployment allowances, decisions on termination of unemployment allowances, decisions on cancellation of decisions on grant of unemployment allowances, decisions on preservation of contribution period.

2. Issue decisions on decisions on providing support for training, refresher training for upgrading vocational skills to maintain employment for employees, issue decisions on cancellation of decisions on providing support for training, refresher training for upgrading vocational skills to maintain employment for employees, decisions on recovery of financial support for training, refresher training for upgrading vocational skills to maintain employment for employees.

3. Monitor and inspect the implementation of the law on unemployment insurance.

4. Settle complaints, denunciations, petitions and feedback regarding the unemployment insurance in accordance with the law.

5. Propose to competent authorities to make formulation, amendment and supplementation of mechanisms, policies and laws on unemployment insurance.

6. Handle violations of the law on unemployment insurance or propose to competent authorities to handle such violations.

7. Have other rights as defined by law.

Article 38. Responsibilities of the Departments of Home Affairs

1. Take charge and cooperate with relevant agencies in providing information and disseminating policies and laws on unemployment insurance.

2. Settle complaints or denunciations of organizations or individuals regarding the provision of unemployment benefits in accordance with the law.

3. Recover amounts provided due to violations against unemployment insurance regulations, or due to the issuance and transfer of decisions on cancellation of unemployment allowances, termination of unemployment allowances, or suspension from grant of unemployment allowances beyond the prescribed time limits.

4. Take charge and cooperate with relevant competent authorities in organizing the recovery of unemployment benefits paid in violation of regulations in cases where the cause of such recovery is not attributable to the unemployment insurance implementing agencies.

5. Uniformly apply information technology and electronic transactions in the receipt, processing and management of unemployment claims nationwide; direct and guide the application of information technology and electronic transactions in the receipt, processing and management of unemployment claims at public employment service providers; and ensure data connection and sharing among unemployment insurance implementing units, social security authorities and relevant agencies through the National Public Service Portal and specialized information systems in accordance with the law.

6. Submit periodic reports (6-month reports, annual reports) and ad-hoc reports to the Ministry of Home Affairs and the provincial-level People’s Committees in accordance with the law.

7. Provide documents and information relating to unemployment insurance at the request of competent authorities.

8. Implement international cooperation and participate in scientific research on unemployment insurance.

9. Perform other responsibilities as per the law.

Article 39. Rights of the Ministry of Home Affairs

1. Promulgate guiding documents on unemployment insurance.

2. Monitor and inspect the implementation of unemployment insurance.

3. Handling violations against the regulations on unemployment insurance.

4. Have other rights as defined by law.

Article 40. Responsibilities of the Ministry of Home Affairs

1. Take charge and cooperate with ministries in proposing to competent authorities to make amendments to mechanisms, policies and laws on unemployment insurance.

2. Uniformly perform state management of unemployment insurance from central authorities to local authorities.

3. Take charge and cooperate with ministries and central authorities in providing guidance on organization of implementation of unemployment insurance.

4. Take charge and cooperate with ministries and central authorities in supervising, assessing and conducting annual or ad-hoc specialized inspections of the implementation of laws on unemployment insurance by relevant agencies, organizations, enterprises and individuals.

5. Take charge and cooperate with relevant agencies in providing information and disseminating policies and laws on unemployment insurance.

6. Take charge and cooperate with relevant agencies in settling complaints or denunciations of organizations or individuals regarding the provision of unemployment benefits in accordance with the law.

7. Take charge and cooperate with ministries and central authorities in formulating, guiding and organizing implementation of and managing the uniform application of information technology and electronic transactions in provision and management of unemployment insurance nationwide; ensure data connection and sharing among information systems, ensure cybersecurity and personal data protection in accordance with the law. Maintain and ensure the stable operation and handle technical incidents arising during implementation.

8. Compile difficulties and obstacles arising during implementation and report them to competent authorities.

9. Promulgate prices of public services using the Unemployment Insurance Fund before 01 July 2026.

10. Provide documents and information relating to unemployment insurance at the request of competent authorities.

11. Implement international cooperation and participate in scientific research on unemployment insurance.

12. Perform other responsibilities as per the law.

Article 41. Rights of the Ministry of Finance

1. Promulgate guiding documents on unemployment insurance.

2. Direct social security authorities to implement unemployment insurance.

3. Have other rights as defined by law.

Article 42. Responsibilities of Ministry of Finance

1. Take charge and cooperate with ministries in proposing to competent authorities to make amendments to regulations on financial mechanisms of unemployment insurance.

2. Ensure budgets for the Unemployment Insurance Fund in accordance with regulations.

3. Take charge and cooperate with ministries and central authorities in uniformly applying and managing the application of information technology and electronic transactions in the provision of unemployment benefits nationwide; ensure data connection and sharing with public employment service providers, the National Public Service Portal and information systems, ensure cybersecurity and personal data protection in accordance with the law.

4. Perform other responsibilities as per the law.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 43. Transitional provision

1. The period during which an employer has paid unemployment insurance contributions on behalf of their employee shall be taken into account to exempt the employer from the obligation to pay job-loss allowance or severance allowance in accordance with labor laws and laws on public employees.

2. The period during which an employee actually works under an employment contract or working contract with an employer but is not required to pay unemployment insurance contributions shall be taken into account for entitlement to severance allowance or job-loss allowance in accordance with the applicable labor laws or severance allowance in accordance with laws on public employees.

3. Amendments to Article 1 of Decree No. 212/2025/ND-CP: “This Decree elaborates on investments from the Social Insurance Fund, the Health Insurance Fund, and the Unemployment Insurance Fund managed by Vietnam Social Security in accordance with Clause 4 Article 122, Clause 3 Article 123, and Clause 5 Article 137 of the Law on Social Insurance; Clause 5 Article 35 of the Law on Health Insurance (amended by Clause 27 Article 1 of Law No. 51/2024/QH15); and Article 47 of the Law on Employment”.

4. For employers that have submitted applications for support for training, refresher training for upgrading vocational skills to maintain employment for employees before the effective date of this Decree but have not received decisions on providing financial support for such training, refresher training for upgrading vocational skills, the provisions of this Decree shall apply.

5. For employees who have submitted applications for support for participation in training for upgrading vocational skills or applications for unemployment allowances before the effective date of this Decree but have not received decisions on such support or employment allowances, the entitlements shall be implemented in accordance with the provisions of this Decree.

Article 44. Organization of implementation

1. The Minister of Home Affairs shall provide guidelines for and organize implementation of this Decree.

2. The Minister of National Defense and the Minister of Public Security shall, within their jurisdiction, provide guidance for and organize the implementation of this Decree.

3. Other relevant ministries and central authorities shall, within their jurisdiction, organize the implementation of this Decree.

Article 45. Effect

1. This Decree comes into force from January 01, 2026.

2. The following Decrees shall be invalid from the day on which this Decree comes into force:

a) Decree No. 28/2015/ND-CP;

b) Decree No. 61/2020/ND-CP.

3. For time limits calculated in days under this Decree, the first day shall not be counted; the time limit shall be counted from the day immediately following the determined day. If such following day coincides with a public holiday or weekend, the time limit shall be counted from the next working day.

Article 46. Implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of the People’s Committees of provinces or central-affiliated cities and relevant entities shall implement this Decree./.