Chương IV Nghị định 28/2015/NĐ-CP: Tổ chức thực hiện bảo hiểm thất nghiệp

Chapter IV

IMPLEMENTATION ORGANIZATIONS OF UNEMPLOYMENT INSURANCE

Section 1: UNEMPLOYMENT INSURANCE PARTICIPATION AND PREMIUM PAYMENT

Article 11. unemployment insurance participation

1. Application for unemployment insurance shall be application for compulsory social insurance, including the specific content of unemployment insurance participation.

2. Employers shall make and submit application for unemployment insurance of employees to social insurance organizations within 30 days from the date labor contract or employment contract of the employees take effect.

If employees have concluded a labor contract under seasonal work or under a certain job from 03 full months to less than 12 full months before January 01, 2015 and 01 are carrying out such labor contract, employers must pay unemployment insurance for such employees in case the contract term is in at least 03 months.

If employees conclude many labor contracts as defined in Paragraph 1, Article 43 of the Law on Employment and are participating in unemployment insurance under the first effective concluded labor contract, upon termination or change of contract workers resulting ineligibility for unemployment insurance of the employees, the employees and the employers under unemployment insurance participation of the next effective concluded labor contracts shall be responsible for participation in unemployment insurance as prescribed by law.

If employees take the unpaid maternity leave or sick leave for 14 working days or more, receiving social insurance allowance, employees postpone labor contract or working contract concluded in accordance with the law; such employees are not eligible for unemployment insurance during this period.

Article 12. unemployment insurance premium payment

1. The payment time of unemployment insurance premium of employers and employees shall be the payment time of compulsory social insurance.

2. Employees who are paying unemployment insurance premium shall be employees with the month preceding the date of termination of labor contracts or working contract paid unemployment insurance and certified by social insurance organizations  Preceding months shall include the following time:

a) The employees with the month preceding the date of termination of the labor contract or working contract take unpaid maternity or sick leave for 14 working days or more, receiving the allowance of social insurance;

b) The employees with the month preceding the date of termination of the labor contract or working contract temporarily suspend the concluded labor contract or working contract were under the provisions of law without receiving monthly salary at the unit.

3. Payment month of unemployment insurance premium of employees shall be included if the employers and the employees have carried put the labor contract or working contract and have paid the unemployment insurance contribution premium.

Article 13. Record of payment of unemployment insurance premium, receipt of unemployment insurance allowance

1. Records of payment of unemployment insurance premium, receipt of unemployment insurance allowance of employees under the provisions of this Decree shall be social insurance books.

2. Vietnam social insurance shall issue the form of social insurance books.

Section 2: JOB CONSULTANCY, PLACEMENT

Article 14. Job consultancy, placement

1. Employees under the provisions in Clause 1, Article 43 of the Law on Employment who are participating in unemployment insurance but their labor contracts or working contract is terminated shall be counseled and place job for free through employment service center.

2. Funding for job consultancy and placement of employment service center shall be allocated according to the number of people applying for unemployment benefits of the preceding year and made settlement as prescribed on the basis of the actual number of people applying for unemployment benefits.

3. Fee for job consultancy and placement shall comply with the legislation on fees.

Article 15: job consultancy, placement

1. Employees shall record all information in job consultancy and placement sheet in the form defined  by the Minister of Labor, War Invalids and Social Affairs and submit directly to the employment service center.

2. Employment service center shall consult, place jobs on the basis of demand, ability of employees and needs of the labor market.

3. Employment service center shall arrange staff and facilities to consult and place jobs.

Section 3. UNEMPLOYMENT BENEFIT

Article 16. Application for unemployment benefit

1. A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.

2. An original or certified true copy of one of the following documents certifying the termination of the labor contract or working contract:

The labor contract or working contract expired or terminated under its term;

b) The resignation decision;

c) The dismission decision;

d) Disciplinary decisions on dismissal;

dd) The written notice or agreement of termination of the labor contract or working contract.

If employees participate in unemployment insurance under the provisions of Point c, Paragraph 1 of Article 43 of the Law on Employment, the documents certifying the termination of the labor contract under seasonal work or under a certain job from full 03 months to less than 12 months shall be the original or certified true copy of such contract.

3. Social insurance books

social insurance organizations shall certify the premium payment of unemployment insurance and return the social insurance book to employees within 05 working days from receipt of the request of the employers.

Employers being agencies, units and enterprises of the Ministry of National Defense, the Ministry of Public Security shall, within 30 days, social insurance of the Ministry of National Defense , social insurance of the people’s public security forces shall certify the premium payment of unemployment insurance and return the social insurance book to employees from the date of receipt of the request of the employers.

Article 17. Submission of application for unemployment benefit

1. Within 03 months from the date of termination of labor contract or working contract, employees who have no jobs and need unemployment benefit shall directly submit 01 application for unemployment benefits in accordance with the provisions of Article 16 of this Decree to employment service center in the locality where employees want to receive unemployment benefits.

2. Employees are entitled to authorize another person to submit the application by post in one of the following cases:

a) Sickness, Maternity certified by a competent medical facility;

b) Accident certified by traffic policemen or competent medical facilities;

c) Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.<0}

Submission date of application for unemployment benefits in the above cases shall be the date the authorized person directly submit the application or the date of the postmark in case of submission by post

3. Employment service centers shall receive, inspect the applications, record the appointment paper of reply in the form defined by the Minister of Labor, War Invalids and Social Affairs and give it directly to the applicants application or sent by post to the applicants submitting the application by post; if the applications are not in accordance with the provisions of Article 16 of this Decree, employment service centers shall return to the applicants and state clearly the reason.

Article 18. Settlement of unemployment benefits

1. Employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on unemployment benefits of employees within 20 working days from receipt of a satisfactory application in accordance with regulations, if the application is submitted by post, the date of receipt shall be the date stamped on the postmark.

If employees have not found jobs within 15 working days from the date of submission of application for unemployment benefits decided on unemployment benefit by the Director of the Services of Labour, War Invalids and Social Affairs, the employment service centers shall certify the settlement of unemployment benefits of employees in the social insurance boos and return to the employees along with the decision of unemployment benefits after snapping the social insurance books for records.

The time of unemployment benefits of employees shall be calculated from the 16th working day from the date of submission of the application for unemployment benefits.

Decision on unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance in central-affiliated cities and provinces (hereinafter referred to as provincial social Insurance) to pay unemployment benefits and grant health insurance cards for employees; 01shall be sent to employees who are entitled to unemployment benefits. Decision on unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

If employees are not entitled to unemployment benefits, the employment service center must notify in writing and clearly state the reasons.

2. Payment of unemployment benefit

a) Social insurance organization shall pay unemployment benefit for the first month of the employees within 05 working days from receipt of the decision of unemployment benefits;

b) Social insurance organizations shall pay unemployment benefit for the employees from the second unemployment benefit month onwards within 05 working days from the 07th day of the month of unemployment benefit if they do not receive a decision of suspension or termination of unemployment benefit for the employees. If the above 07th day is a holiday, the payment deadline of unemployment benefits shall be the next working day.

3. Within 02 working days from the date of the appoinment paper of reply, if the employee does not receive the decision on the unemployment benefit, he/she shall be deemed to have no need for unemployment benefits except for cases specified in paragraph 4 of this Article. Within 07 working days from the date the employee does not receive the decision of the unemployment benefit as prescribed, the employment service center shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on cancellation of the decision of  unemployment benefits of the employees.

Decision on cancellation of the decision of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order not to pay unemployment benefits for employees ; 01shall be sent to employees. Decision on cancellation of decision of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

4. Within 02 working days from the date of expiration of receipt of the decision of unemployment benefits, the employees are still entitled to receive or authorize others to receive the decision if they are in one of the following cases :

a) Sickness,  Maternity certified by competent medical facility;

b) Accident certified by traffic policemen or competent medical facilities;

c) Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.

5. Time for payment of unemployment insurance premium of employees in case of cancellation of decision of unemployment benefits referred to in paragraph 3 of this Article shall be accumulated under the provisions of Paragraph 1, Article 45 of the Law on Employment for the next receipt of unemployment benefit.

6. Within 03 months from the date of expiry of unemployment benefit of the employees under the decision of unemployment benefits, but the employees do not receive unemployment allowance and notify in writing to the social insurance organization where they are receiving  unemployment allowance, such employees shall be determined to have no need for unemployment benefits. Time of payment of unemployment insurance premium corresponding to the unemployment allowance that the employees do not to get shall be stored as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.

Within 07 working days after the above duration, the social insurance organizations must notify in writing to the employment service center where the employees are receiving unemployment benefits about their failure to receive unemployment allowance. Notification of failure to receive unemployment allowance shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.

Within 10 working days from receipt of the notice of the social insurance organization, employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on reservation of the period of premium payment of unemployment insurance for employees.

Decision on reservation of period of payment of unemployment insurance premiums shall be sent by employment service center as follows : 01 shall be sent to the provincial Social Insurance to reserve the period of payment of unemployment insurance premium for the employees; 01shall be sent to employees. Decision on preservation of period of payment of unemployment benefit premium shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

7. Period of receipt of unemployment benefits shall be calculated based on months of payment of unemployment insurance premiums as defined in paragraph 2 of Article 50 of the Law on Employment. Employees who have paid unemployment insurance over 36 months, the months that have not settled the unemployment benefits shall be reserved as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.

Article 19. Temporary suspension of unemployment benefits

1. Employees who are unemployment benefits must notify about finding employment under the provisions of Article 52 of the Law on Employment.

2. Within 02 working days from the date the employees do not notify about finding employment monthly as prescribed, employment service center where the employees are receiving unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the temporary suspension of unemployment benefits of the  employees.

Decision on temporary suspension of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to temporarily suspend the unemployment benefits for employees ; 01shall be sent to employees. Decision on temporary suspension of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

Article 20. Continuation of unemployment benefits

1. If employees temporarily suspended unemployment benefits under the provisions of Paragraph 1 of Article 53 of the Law on Employment are still in time of unemployment benefits in accordance with the decision of the Director of the Services of Labour, War Invalids and Social Affairs but continue to make notification  about finding jobs every month as prescribed, within 02 working days from the date the employees notify about finding employment, employment service center shall request to the Director of the Services of Labour, War Invalids and Social Affairs for decision on the continuation of unemployment benefits for the employees

Decision on continuation of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to continue to pay unemployment benefits for employees ; 01shall be sent to employees. Decision on continuation of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

2. In the suspension period of unemployment benefits, the employees are not entitled to unemployment benefits.

Article 21. Termination of unemployment benefits

1. The cases employees who are entitled to unemployment benefits are terminated their unemployment benefits shall be defined as follows:

a) The duration of unemployment benefits is expired in accordance with the decision of unemployment benefits to employees;

b) Employees are having a job

The employees shall be determined to be employed in one of the following cases:

- Employees have concluded the labor contract or working contract for 03 full months or more. The date on which the employees are defined to have a job shall be the date their labor contract or working contract takes effect as prescribed by law;

- Entities who do not conclude the contract labor or working contract have hiring decisions. The date on which the employees are defined to have a job shall be the beginning date of job recorded in hiring decisions;

- Employees shall notify about getting a job to employee service center in the form defined by the Minister of Labor, War Invalids and Social Affairs and submit directly to the employment service center. The date on which the employees are defined to have a job shall be the date stated in the notice of employment of the employees.

c) Employees fulfill military service, police duty

The date on which the employees are defined to fulfill military service, police duty shall be the date employees join the army.

d) Employees receive a monthly pension

The date on which the employees are defined shall be the first day of retirement pension stated in the decision on monthly pension of the competent authority.

dd) After 02 times the employees refuse the jobs placed by the employment service center where they are receiving unemployment benefits without a plausible reason.

Employees who are entitled to unemployment benefits refusing the job in one of the following cases shall be determined to have no plausible reason:

- Jobs matching trained occupations and qualifications of the employees;

- Jobs that the employees have worked.

e) During the period of unemployment benefits, employees do not notify monthly about finding a job to the employment service center for 03 consecutive months as prescribed ;

g) Employees go abroad to settle, to work with a term overseas under a contract

The date on which the employees are determined to settle abroad, to work with a term overseas under a contract shall be the date the employees exit as prescribed by legislation on entry and exit.

h) Employees study for a period of 12 full months or more

The date on which the employees are determined to study with duration of 12 months or more shall be the date of admission recorded in the notice of admission to domestic study. In case of abroad study, the date on which the employees are determined to study with duration of 12 months or more shall be the exit date as prescribed by legislation on entry and exit.

i) Employees are penalized for administrative violations due to violations of legislation on unemployment insurance

The date on which the employee is determined to be penalized for the above administrative violations shall be the date the employees are penalized by the decision of the competent authority.

k) Employees die

The date on which the employees are identified to be dead shall be the date of the death certificate.

l) Employees are abiding the decision on application of measures of taking to reform schools, compulsory detoxification centers

The date on which the employees are determined to abide the decision on application of measures of taking to reform school, compulsory detoxification centers shall be the starting date of administrative handling measures recorded in decisions of the competent authority.

m) Employees are declared to be missing by the court

The date on which the employees are missing shall be identified in the court's decision.

n) Employees are detained, serving the prison sentence

The date on which the employees are determined to be detained or to serve a prison sentence shall be the starting date of implementation of the decision of detention, imprisonment of the competent authority.

2. Within 03 working days from the date of termination of unemployment benefits under the provisions of the points b, c, d, g and h, Clause 1 of this Article, the employees must notify in writing the employment service center where they are receiving the unemployment benefits in the form defined by the Minister of Labor, War Invalids and Social Affairs and enclose the documents relating to the termination of unemployment benefits (snapshot), in case of submission by post, it shall be the date of the postmark.

3. For employees who are entitled to unemployment benefits but terminated unemployment benefits in the cases specified at Points b, c, d, dd, e, g, h, i, k, l, m and n Paragraph 1 of this Article, the employment service center jobs where the employees are entitled to unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the termination of unemployment benefits to employees.

Decision on determination of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to terminate the unemployment benefits for employees ; 01shall be sent to employees. Decision on termination of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs

4. The employees who are entitled to unemployment benefits and terminated unemployment benefits on the dates of the month of unemployment benefits, the employees shall still receive unemployment benefits for the whole month.  

5. The employees who are terminated unemployment benefits under the circumstances specified in points b, c, h, l, m and n Paragraph 1 of this Article, the period of unemployment insurance premium payment corresponding to the remaining time when the employees have not received unemployment benefits shall be reserved as a basis for calculating the time of unemployment benefits for the next unemployment benefit receipt when they are eligible for unemployment benefits under the provisions.

Reserved time shall be calculated by the total period of unemployment insurance premiums paid subtracting the time of unemployment benefits received under the principle of each month of unemployment benefit receipt corresponding to 12 months of paying unemployment insurance premium.

Article 22. Transfer of unemployment benefits

1. Employees who have received at least 01 month of unemployment allowance as prescribed and need to transfer the unemployment benefits to central-affiliated cities and provinces must request in writing to transfer the unemployment benefit in the form defined by the Minister of Labor, War Invalids and Social Affairs and submit to the employment service center where they are receiving the unemployment benefits.

2. Within 03 working days from receipt of the request of the employees, the employment service centers shall provide the transfer application of unemployment benefits for the employees and submit the letter of introduction of transfer of unemployment benefits to the employment service center to which the employees transfer in the form prescribed by the Minister of Labor, War Invalids and Social Affairs. Transfer application of unemployment benefits shall include:

a) A written form of transfer unemployment benefit of the employees;

b) A letter of introduction of transfer of unemployment benefit;

c) A snapshot of the decision on unemployment benefits;

d) A snapshot of the decision on vocational training support, decision on temporary suspension of unemployment benefits, decision on continuation of unemployment benefits (if any);

dd) A snapshot of the notice of finding monthly job (if any), and other papers in application for unemployment benefits.

3. Upon receipt of the application for transfer of unemployment benefits, the employee shall return the health insurance card to the social insurance organization which is paying the unemployment allowance to the employee.

4. Within 02 working days from the date of provision of application for transfer of unemployment benefits for the employees under the provisions of paragraph 2 of this Article, the employment service center from which the employees transfer shall submit the notice on transfer of unemployment benefit to the provincial Social Insurance to stop paying unemployment benefits in the form defined by the Minister of Labor, War Invalids and Social Affairs.

5. Within 10 working days from the date the employees receive the application for transfer of unemployment benefits, the employees must submit the application for transfer of unemployment benefits to the employee service centers where they transfer to except cases provided for in paragraph 6 of this Article.

From the date the employees receive the application for transfer of unemployment benefits, the employees shall exercise their rights and responsibilities while receiving unemployment benefits in accordance with the law.

6. Employees shall submit the application for transfer of unemployment benefits beyond the time limit prescribed in paragraph 5 of this Article, but within 07 working days from the date of expiration of transfer of unemployment benefits if they are in one in the following cases:

a) Sickness,  Maternity certified by competent medical facility;

b) Accident certified by traffic policemen or competent medical facilities;

c) Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.

7. Within 03 working days from receipt of the application for transfer of unemployment benefits submitted by the employees, the employment service centers shall submit a written request for permission for social insurance at province level to which the employees transfer to continue paying unemployment benefits and issue the health insurance cards for employees enclosed with the decision snapshot of unemployment benefits of the employees. The written request for permission of the provincial social insurance shall be in the form defined by the Minister of Labor, War Invalids and Social Affairs .

8. Organizations of Social Insurance to which the employees transfer and receive unemployment benefits shall make payment the unemployment allowance and issue the medical insurance for the employees as prescribed in law.

Article 23. Issuance and revocation of health insurance card

1. Issuance of health insurance card

Based on the decision of unemployment benefits, the social insurance organization shall issue the health insurance card for employees.

2. Revocation of health insurance card

If employees are entitled to unemployment benefits every month and terminated unemployment benefits, the employees shall not be entitled to health insurance and must return the health insurance card for the social insurance organization under the guidance of Vietnam Social Insurance.

Section 4: VOCATIONAL TRAINING SUPPORT

Article 24. Application for vocational training support

1. Application for vocational training support for employees receiving unemployment benefits shall include:

A written request for vocational training support in the form defined by the Minister of Labor, War Invalids and Social Affairs .

2. Application for vocational training support for unemployed workers who have paid unemployment insurance premiums for 09 full months, but are not eligible for unemployment benefits shall include :

a) A written request for vocational training support as specified in paragraph 1 of this Article;

b) An original or certified true copy of one of the papers prescribed in Clause 2, Article 16 of this Decree;

c) Social insurance books.

Article 25. Settlement of vocational training support

1. The employees meeting the conditions prescribed in Article 55 of the Law on Employment having a need for vocational training shall be supported 01 time to study 01 vocation at the training institution in accordance with the law on vocational training (hereinafter referred to as vocational training institutions). Methods of funding for vocational training shall be employed through vocational training institutions.

2. Employees having needs for vocational training must submit 01 set of application for vocational training support to the employment service centers.

a) Application for vocational training support as defined in Paragraph 1 of Article 24 of this Decree shall be submitted to the employment service center where the employees are entitled to unemployment benefits;

b) Application for vocational training support as defined in Paragraph 2 of Article 24 of this Decree shall be submitted to the employment service center at the locality of the employees having needs for vocational training ;

3. The employment service center shall inspect the application for vocational training support and give the appointment paper of reply to employees in the form defined by the Minister of Labor, War Invalids and Social Affairs .

4. Within 15 working days from the date of receipt of a satisfactory application for vocational training support, the employment service center shall inspect and request the Director of the Services of Labour, War Invalids and Social Affairs for decision on supporting vocational training for the employees.

Decision on vocational training support shall be sent by the employment service center as follows : 01 shall be sent to the vocational training institutions to conduct training for employees; 01 shall be sent to the employees Decision on the vocational training support in the form set by the Minister of Labor, War Invalids and Social Affairs. If the employees are not supported for vocational training, the employment service centers must make a reply in writing and clearly state the reasons.

For unemployed persons specified in paragraph 2 of Article 24 of this Decree settled the vocational training support, the employment service center shall certify that vocational training support has been settled in social insurance books and snap 01 to store.

If the employee’s unemployment benefits have expires but he/she still continues the vocational training or prepares to participate in vocational training under the decision of the Director of the Services of Labour, War Invalids and Social Affairs, they shall be supported for vocational training until the period of vocational training is expired.

5. Vocational training facility shall organize training for employees as decided by the Director of the Services of Labour, War Invalids and Social Affairs and shall make a list signed by the vocational trained employees and submit to social insurance organizations for make settlement the supportive budget for vocational training as prescribed.

Section 5: SUPPORT FOR  TRAINING COURSES, REFRESHER COURSES FOR IMPROVEMENT OF OCCUPATIONAL SKILLS FOR JOB MAINTENANCE FOR EMPLOYEES

Article 26. Application for support

1. A written request for funding for training courses, refresher courses for improvement of occupational skills for job maintenance for employees shall include the following basic content: Lines or fields of manufacturing, business; production and trading; number of employees at the time of requesting for support; difficulties, causes of structural changes or technology of manufacturing, business; risk of reduction of the number of employees; funding needs for training courses, refresher courses for improvement of occupational skills for employees ; organizational commitment of training courses, refresher courses for improvement of occupational skills and use employees in accordance with the approved plans.

2. A project of change of the structure or production , business  technologies approved by the competent authorities.

3. A plan for training and retraining to improve occupational skills qualifications for job maintenance as specified in paragraph 4 of Article 3 of this Decree.

4. Proofs of insufficiency of funds to organize support for  training courses, refresher courses for improvement of occupational skills for employees under the provisions of paragraph 3 of Article 3 of this Decree.

5. A written confirmation of the social insurance institutions where the employers pay unemployment insurance premiums for employees under the provisions of Paragraph 1 of Article 3 of this Decree. The  Minister of Labour – War Invalids and Social Affairs shall provide guidance on Paragraph 1 and Paragraph 3 of this Article

Article 27. Settlement of funding for training courses, refresher courses for improvement of occupational skills for job maintenance for employees 

1. Employers having needs for support for  training courses, refresher courses for improvement of occupational skills for employees must submit the application in accordance with the provisions of Article 26 of this Decree to the Services of Labour, War Invalids and Social Affairs at its headquarters for verification.

2. Within 30 days of receipt of a satisfactory application of the employers under the regulations, the services of labour, war invalids and social affairs shall verify and approve the plan for training and retraining to improve occupational skills qualifications for job maintenance; take charge and cooperate with the service of finance and related units, agencies to verify the application for support for support for  training courses, refresher courses for improvement of occupational skills as prescribed in article 3 of this decree and request the president of the people’s committee in central-affiliated cities and provinces (hereinafter referred to as the presidents of the provincial people’s committees) for consideration and decision on support funding for training courses, refresher courses for improvement of occupational skills for job maintenance for employees  .

If the Services of Labour, War Invalids and Social Affairs do not support funding, they must make a reply in writing and clearly state the reasons for the employers.

Decisions on support funding for training courses, refresher courses for improvement of occupational skills for job maintenance for employees shall be sent by the Services of Labour, War Invalids and Social Affairs as follows : 01 shall be sent to the social insurance at province level to pay supportive budget; 01 shall be sent to the Ministry of Labor, War Invalids and Social Affairs to report; 01 service centers to work; 01 shall be sent to the employers to implement and 01shall be sent to vocational training institutions for employees in case the employers do not directly train. Decisions on support funding for support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.

3. Social insurance organization shall advance 50% of the supportive budget for support for  training courses, refresher courses for improvement of occupational skills for job maintenance for employees in accordance with the decision of the presidents of the provincial people’s committees within 05 working days from receipt of the decision of the presidents of the provincial people’s committees  and make settlement as prescribed on the actual basis of implementation of the plan for training courses, refresher courses for improvement of occupational skills .

Article 28. Implementation of support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees

1. Employers shall organize training or cooperate with vocational training institutions, employment service centers to organize training courses, refresher courses for improvement of occupational skills for employees under the decision on support of Presidents of the provincial People’s Committees and ensure job maintenance for employees.

2. Employers shall conduct or cooperate with vocational training institutions to conduct training courses, refresher courses for improvement of occupational skills for job maintenance for employees under the approved plan.

3. Services of Labour, War Invalids and Social Affairs shall monitor the implementation of support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees under the decision on support of Presidents of the provincial People’s Committees