[Vietnam Legal Updates] Adjustment On Regulations About Unemployment Insurance

June 23, 2020

To serve practical conditions and the request from the Minister of Ministry Of Labor War Invalids And Social Affairs, the Government has informed a Decree no. 61/2020/ND-CP, made adjustments on the Decree no. 28/2015/ND-CP, having effectiveness from 15/07/2020.

Here are some notable adjustments about the objectives and dossier for enjoyment of unemployment insurance (UI) allowance:

1. Adjustment on “Employees are paying UI” in Article 12.2 of Decree 28/2015/ND-CP:

The employees will be determined to be paying to UI as Article 49 in Employment Law when meeting one of these following cases: (Article 4.1, Decree 61/2020/ND-CP)

1.1. The employees have paid UI of the month of termination of labor/ work contract;

1.2. The employees have paid UI of the preceding month of termination of labor/ work contract;

1.3. The employees who meet either by the following case in the preceding month of termination of labor/ work contract:

- Taking unpaid maternity or sick leave for 14 working days or more;

- Taking unpaid day-off for 14 working days or more;

- Temporarily performing the labor/work contract for 14 working days or more;

Those cases above are required to obtain confirmation from Social insurance organization onto social insurance book.

2. Adjustment on Article 16.2 of the Decree 28/2015/ND-CP about the enjoyment of UI application (Article 1.6 of the Decree NĐ61/2020/ND-CP)

2.1. Documents to confirm the termination of the labor/ work contract can be submitted to its copy version with the original version for comparison. (beforehand only prescribed to submit original version or certified true copy)

2.2. The confirmation of the employer includes employee’s information; type of signed labor contract; reason, point time of the termination;

2.3. The confirmation of competent state authority that the enterprise or cooperative dissolves, goes bankrupt or decides to dismiss, relieve from duty or dismiss the titles appointed in case an employee is a person as enterprise manager, cooperative manager;

2.4. In case the employee does not have the documents certifying the termination of the labor contract because the employer has no legal representative and the person authorized by the legal representative, the Department of Labor will - Invalids and Social Affairs or Provincial Social Insurance, Department of Planning and Investment; Tax authorities and local authorities coordinate to confirm: the employer has no legal representative or no person authorized by the legal representative (within 10 working days since from the date of receiving the written request for confirmation from the Department of Labor - Invalids and Social Affairs or the provincial Social Insurance.)

3. Adjustment on Article 17.4 of the Decree 28/2015/ND-CP about the request of not enjoying the UI allowance (Article 1.7 of the Decree 61/2020/ND-CP)

Within 15 working days from the date of submission of application for UI allowance, if the employees do not wish to receive the UI allowance, they must directly or authorize other people to apply for not enjoying the UI allowance.

4. Adjustment on Article 21.1 of the Decree 28/2015/ND-CP about the conditions to determine that the employees already had a job to end the enjoyment of UI allowance (Article 1.9 of the Decree 61/2020/ND-CP)

4.1. Having signed a contract of employment, a seasonal labor contract or a certain job with a term of full 01 months or more (previously prescribed that full 03 months or more); or

4.2. Having a business household registration certificate for the case that the employee is the business household owner or has an enterprise registration certificate for the case that an employee is the business owner.

5. Adjustment on Article 21.5 of the Decree 28/2015/ND-CP about the reservation of time of UI enjoyment (Article 1.9, ND 61/2020/ND-CP)

Ending the enjoyment of UI allowance may if:

- Having a new job; or

- Taking military service, police duty;  or

- Enrolling a course for 12 months or more;

but without making notice as prescribed, the time of paying UI premiums in proportion to the remaining time but the employees have not received unemployment benefits is not reserved.

Reference:

*Decree no. 61/2020/ND-CP

This is not a legal document. The information here is for reference and general guidance purposes only.

Kindly contact NVM to obtain qualified legal consultation for specific situations

Mr. Huynh Minh Quan | (84) 903 969 118 | quan.huynh@nvmgroup.com