Chương 6 Luật việc làm 2013: Bảo hiểm thất nghiệp

Chapter VI

UNEMPLOYMENT INSURANCE

Section 1. PRINCIPLES, PARTICIPANTS AND BENEFITS OF UNEMPLOYMENT INSURANCE

Article 41. Principles of unemployment insurance

1. Ensuring risk sharing among unemployment insurance participants.

2. The levels of payable unemployment insurance premiums are based on wages of workers.

3. The levels of unemployment insurance benefits are based on the levels and duration of payment of unemployment insurance premiums.

4. Unemployment insurance is implemented in a simple, easy and convenient manner, promptly and adequately ensuring the interests of unemployment insurance participants.

5. The Unemployment Insurance Fund is managed in a centralized, uniform, public, transparent and safe manner and protected by the State.

Article 42. Unemployment insurance benefits

1. Unemployment allowance.

2. Job counseling and recommendation support.

3. Vocational training support.

4. Support for training and retraining to improve qualifications of occupational skills for job maintenance for workers.

Article 43. Compulsory participants in unemployment insurance

1. Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:

a/ Labor contracts or working contracts of indefinite time;

b/ Labor contracts or working contracts of definite time;

c/ Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.

In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.

2. Workers defined in Clause 1 of this Article who are currently on pension or doing housework are not required to participate in unemployment insurance.

3. Employers obliged to participate in unemployment insurance include state agencies, public non-business units and people’s armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations; foreign agencies and organizations and international organizations operating in the Vietnamese territory; enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals that hire or employ workers under the labor contracts or working contracts specified in Clause 1 of this Article.

Article 44. Participation in unemployment insurance

1. Employers shall pay unemployment insurance premiums for workers to social insurance organizations within 30 days from the effective date of labor contracts or working contracts.

2. Monthly, employers shall pay unemployment insurance premiums at the level specified at Point b, Clause 1, Article 57 of this Law and make deductions from the wages of workers at the level specified at Point a, Clause

1, Article 57 of this Law, for simultaneous payment to the Unemployment Insurance Fund.

3. Based on the balance of the Unemployment Insurance Fund, the State shall transfer supporting funds from the state budget to the Fund at the level specified by the Government under Clause 3, Article 59 of this Law.

Article 45. Period of payment of unemployment insurance premiums

1. The period of payment of unemployment insurance premiums for receipt of unemployment insurance benefits is the total of consecutive or interrupted periods of payment of unemployment insurance premiums from the starting time of such payment to the time the worker terminates his/her labor contract or working contract under law but during which he/she has not yet received any unemployment allowance.

2. After a worker stops receiving unemployment allowance, his/her previous period of payment of unemployment insurance premiums is not counted for receiving unemployment allowance for the subsequent time. The period of payment of unemployment insurance premiums for the subsequent receipt of unemployment insurance benefits will be counted from the beginning, except the case of stopping receiving unemployment allowance under Points b, c, h, l, m and n, Clause 3, Article 53 of this Law.

3. The period of payment of unemployment insurance premiums is not counted for receiving job loss allowance or severance pay under the laws on labor and public employees.

Article 46. Receipt of unemployment allowance

1. Within 3 months after terminating his/her labor contract or working contract, a worker shall submit a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment.

2. Within 20 days after the employment service center receives a complete dossier, the competent state agency shall issue a decision on unemployment allowance receipt; in case the worker is ineligible for receiving unemployment allowance, the center shall issue a written reply to the worker.

3. The social insurance organization shall pay unemployment allowance to the worker within 5 days after receiving a decision on unemployment allowance receipt.

Section 2. SUPPORT FOR TRAINING AND RETRAINING TO IMPROVE OCCUPATIONAL SKILLS QUALIFICATIONS FOR JOB MAINTENANCE FOR WORKERS

Article 47. Support conditions, time and levels

1. Employers may receive financial support for training and retraining to improve occupational skills qualifications for job maintenance for the workers defined in Clause 1, Article 43 of this Law who currently pay unemployment insurance premiums, when fully meeting the following conditions:

a/ Having fully paid unemployment insurance premiums for workers obliged to participate in unemployment insurance for at least full 12 consecutive months by the time of request for support;

b/ Meeting difficulties due to economic recession or other force majeure causes, forcing them to undergo restructuring or change production and business technologies;

c/ Lacking funds for organizing training and retraining to improve occupational skills qualifications for workers;

d/ Having a plan on training and retraining to improve occupational skills qualifications for job maintenance, approved by a competent state agency.

2. The duration of support for training and retraining to improve occupational skills qualifications for job maintenance for workers must comply with the approved plan, but must not exceed 6 months.

3. The Government shall detail this Article and specify the levels of financial support for training and retraining to improve occupational skills qualifications for job maintenance for workers, ensuring the balance of the Unemployment Insurance Fund.

Article 48. Responsibility for training and retraining to improve occupational skills qualifications

1. Employers shall organize training and retraining to improve occupational skills qualifications and use workers under approved plans; use funds for eligible workers and proper purposes and report training results to competent state agencies after completion of training or retraining courses.

2. Workers shall abide by regulations on training and retraining to improve occupational skills qualifications.

Section 3. UNEMPLOYMENT ALLOWANCE

Article 49. Conditions for unemployment allowance receipt

A worker defined in Clause 1, Article 43 of this Law who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:

1. Terminating the labor contract or working contract, except the following cases:

a/ He/she unilaterally terminates the labor contract or working contract in contravention of law;

b/ He/she receives monthly pension or working capacity loss allowance.

2. Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract, for the case specified at Points a and b, Clause 1, Article 43 of this Law; or having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract, for the case specified at Point c, Clause 1, Article 43 of this Law.

3. Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of this Law.

4. Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment allowance, except the following cases:

a/ He/she performs the military or public security obligation;

b/ He/she attends a training course of full 12 months or longer;

c/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;

d/ He/she is kept in temporary detention or serves a prison sentence;

dd/ He/she goes abroad for settlement or as guest worker;

e/ He/she dies.

Article 50. Levels, duration and time of receipt of unemployment allowance

1. The monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed on which unemployment insurance premiums are based, but must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime, or must not exceed 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.

2. The duration of unemployment allowance receipt is based on the number of months of payment of unemployment insurance premiums. This duration is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months, which is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.

3. The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance as specified in Clause 1, Article 46 of this Law.

Article 51. Health insurance

1. Persons on unemployment allowance are entitled to health insurance benefits in accordance with the law on health insurance.

2. Social insurance organizations shall pay health insurance premiums for persons on unemployment allowance from the Unemployment Insurance Fund.

Article 52. Notification of job seeking

1. While on unemployment allowance, monthly, a worker shall directly notify his/her job seeking to the employment service center of the locality where he/she currently receives unemployment allowance, except the following cases:

a/ He/she is sick or on maternity leave or has an accident as certified in writing by a competent health establishment prescribed by the law on medical examination and treatment;

b/ Force majeure cases.

2. The worker shall notify the case specified at Point a or b, Clause 1 of this Article to the employment service center of the locality where he/she currently receives unemployment allowance.

3. The Ministry of Labor, War Invalids and Social Affairs shall guide the implementation of this Article.

Article 53. Suspension, resumption and termination of unemployment allowance receipt

1. Persons on unemployment allowance will be suspended from receiving it if they fail to monthly notify their job seeking under Article 52 of this Law.

2. Workers who are suspended from receiving unemployment allowance may continue receiving it under the decisions on unemployment allowance receipt if the receipt duration has not yet expired and they monthly notify their job seeking under Article 52 of this Law.

3. A person on unemployment allowance will stop receiving it in the following cases:

a/ The duration of unemployment allowance receipt expires;

b/ He/she has found a job;

c/ He/she performs the military or public security service obligation;

d/ He/she receives monthly pension;

dd/ He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;

e/ He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;

g/ He/she goes abroad for settlement or as guest worker;

h/ He/she attends a training course of full 12 months or longer;

i/ He/she is administratively sanctioned for violations of the law on unemployment insurance;

k/ He/she dies;

l/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;

m/ He/she is declared by a court as missing;

n/ He/she is kept in temporary detention or serves a prison sentence.

4. Workers who stop receiving unemployment allowance in the cases specified at Points b, c, h, l, m and n, Clause 3 of this Article may have the period of payment of unemployment insurance premiums reserved for calculating the subsequent duration of receipt of unemployment allowance when they fully satisfy the conditions specified in Article 49 of this Law.

The reserved period equals the total of the periods of payment of unemployment insurance premiums minus the period during which the worker has received unemployment allowance, with one month of receipt of unemployment allowance equivalent to 12 months of payment of unemployment insurance premiums.

Section 4. SUPPORT FOR JOB COUNSELING, RECOMMENDATION AND TRAINING

Article 54. Job counseling and recommendation

The workers defined in Clause 1, Article 43 of this Law who currently pay unemployment insurance premiums, have their labor contracts or working contracts terminated and wish to seek employment shall be provided with free job counseling and recommendation.

Article 55. Conditions for vocational training support

The workers defined in Clause 1, Article 43 of this Law who currently pay unemployment insurance premiums are entitled to vocational training support when fully meeting the following conditions:

1. The conditions specified in Clauses 1, 3 and 4, Article 49 of this Law;

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

Article 56. Duration and levels of vocational training support

1. The duration of vocational training support depends on the actual duration of vocational training but must not exceed 6 months.

2. The vocational training support levels must comply with the Prime Minister’s regulations.

Section 5. THE UNEMPLOYMENT INSURANCE FUND

Article 57. Levels of contribution to, sources and use of, the Unemployment Insurance Fund

1. The levels of and responsibility to pay unemployment insurance premiums are specified as follows:

a/ Workers shall pay unemployment insurance premiums equal to 1% of their monthly wage;

b/ Employers shall pay unemployment insurance premiums equal to 1% of the monthly wage fund of the workers currently participating in unemployment insurance;

c/ The State shall provide at most 1% of the monthly wage fund from the central budget as support for payment of unemployment insurance premiums of workers currently participating in unemployment insurance.

2. Sources forming the Unemployment Insurance Fund include:

a/ Contributions and support specified in Clause 1 of this Article;

b/ Profits from the Fund’s investment activities;

c/ Other lawful revenues.

3. The Unemployment Insurance Fund must be used for:

a/ Paying unemployment allowance;

b/ Supporting training and retraining activities to improve occupational skills qualifications for job maintenance for workers;

c/ Supporting vocational training;

d/ Supporting job counseling and recommendation;

dd/ Paying health insurance premiums for workers on unemployment allowance;

e/ Paying expenses for unemployment insurance management in accordance with the Law on Social Insurance;

g/ Making investment for preservation and growth of the Fund.

Article 58. Wages on which unemployment insurance premiums are based

1. For workers who receive wages under the State-prescribed regime, the monthly wage on which unemployment insurance premiums are based is the monthly wage on which compulsory social insurance premiums are based under the Law on Social Insurance. In case the monthly wage on which unemployment insurance premiums are based is higher than the twenty months’ region-based basic wage, the monthly wage on which unemployment insurance premiums will be equal to the twenty months’ region-based basic wage at the time of payment of unemployment insurance premiums.

2. For workers paying unemployment insurance premiums under the wage regime decided by employers, the monthly wage on which unemployment insurance premiums are based is the monthly wage on which compulsory social insurance premiums are based under the Law on Social Insurance. In case the monthly wage on which unemployment insurance premiums are based is higher than the twenty months’ region-based minimum wage, the monthly wage on which unemployment insurance premiums are based will be equal to the twenty months’ region-based minimum wage as prescribed by the Labor Code at the time of payment of unemployment insurance premiums.

Article 59. Management of the Unemployment Insurance Fund

1. The Unemployment Insurance Fund may apply independent cost-accounting. Social insurance organizations shall collect, spend, manage and use the Unemployment Insurance Fund.

2. The Unemployment Insurance Fund’s investment activities must ensure safety, transparency, efficiency, and capital retrieval when necessary, through:

a/ Buying bonds and bills of the State and bonds of commercial banks with over 50% of charter capital owned by the State;

b/ Making investment in important projects under the Prime Minister’s decisions;

c/ Providing loans for the state budget, the Vietnam Development Bank, the Vietnam Bank for Social Policies, and commercial banks with over 50% of charter capital owned by the State.

3. The Government shall detail the percentages of state budget support; the management and use of the Fund; and the implementation of unemployment insurance.