Chapter V
VOCATIONAL TRAINING SUPPORT
Article 11. Application for vocational training support
Any employee wishing to take vocational course shall directly apply for vocational training support prescribed in Clause 2 Article 25 of Decree No. 28/2015/ND-CP shall be guided as follows:
1. The employee receiving unemployment benefit shall apply for vocational training support at the employment service center where the unemployment benefit is provided.
Example 16: Ms. Mai Thi K is receiving unemployment benefit in Hai Duong province. During the payout period, she wishes to take vocational courses. Accordingly, she must send an application for vocational training support to the employment service center of Hai Duong province for consideration. The Director of Service of Labor, War Invalids and Social Affairs of Hai Duong province shall consider deciding the vocational training support for her.
2. If an employee who has a payment period of at least 9 months but does not receive any unemployment benefit wishes to take a vocational course, she/he shall send an application for vocational training support together with a claim for unemployment benefit at the employment service center where the employee wishes to take the vocational course.
Example 17: Mr. Nguyen Van M works in Binh Duong province and has a payment period of consecutive 11 months. After terminating the labor contract, if he wishes to take vocational course in Ho Chi Minh City, he shall send an application for vocational training support together with a claim for unemployment benefit to the employment service center of Ho Chi Minh City.
Article 12. Vocational training support
1. The employment service center shall consider applications for vocational training support submitted by employees to determine their jobs, vocational training duration, starting time, vocational training support levels, vocational training facilities, and then it shall send them to the Director of Service of Labour, War Invalids and Social Affairs for decision. The starting time of vocational course of employee shall be the date on which the decision on vocational training support is issued provided that it does not exceed 3 months from the deadline for unemployment benefit payout mentioned in the decision on unemployment benefit payout issued by the Director of Service of Labor, War Invalids and Social Affairs.
2. Within 2 working days from the appointment date, if the employee does not come to receive the decision on vocational training support, he/she is considered to have no need for vocational training support excluding the case prescribed in Clause 3 of this Article. Within 7 working days, from the deadline for receiving the decision as prescribed, the employment service center shall request the Director of the Service of Labor, War Invalids and Social Affairs to cancel the decision on vocational training support.
The decision on cancellation of vocational training support shall be sent by the employment service center as follows: 1 copy to the social security of province to not pay the support amount to vocational training facility; 1 copy to the vocational training facility to not provide vocational course for the employee; and 1 copy to the employee. The decision on the cancellation the decision on vocational training support shall use the form No. 20 issued herewith.
3. Within 2 working days, from the deadline for receiving the decision on vocational training support, the employee may still receive or authorize another person to receive the decision on vocational training support in any of the following cases:
a) The employee suffers from a sickness or has maternity certified by a competent medical facility;
b) The employee meets with an accident certified by the competent police authority or the medical facility;
c) The employee suffers from conflagration, flood, earthquake, tsunami, hostility or epidemic diseases certified by the President of the People’s Committee of commune, ward or town;
4. Within 3 months from the appointment date, if the employee fails to receive the social insurance book at the employment service center, the employment service center shall transfer the social insurance book of the employee to the social security agency of province for management.
5. Every month, each vocational training facility shall make a list of employees participating vocational course with their signatures and transfer it to social security agency to settlement of budget for vocational training support and their actual learning time.
6. Procedures and method of paying vocational training support shall implement as prescribed by Vietnam Social Security.
Tìm kiếm
Thông tư 28/2015/TT-BLĐTBXH (Bản Pdf)
