Consolidated Circular on Unemployment Insurance
This is Consolidated Circular No. 3305/VBHN-BLDTBXH, issued by the Minister of Labour, Invalids and Social Affairs, providing guidance on Article 52 of the Employment Law and several articles of the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015, detailing the implementation of a number of articles of the Employment Law on unemployment insurance.
This Consolidated Circular integrates regulations from Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015, which guides the implementation of Article 52 of the Employment Law and several articles of the Government’s Decree No. 28/2015/ND-CP dated March 12, 2015, with amendments and supplements made by Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023, effective from February 15, 2024.
Consolidated Circular No. 3305/VBHN-BLDTBXH was issued on July 25, 2024, and takes effect from September 15, 2015. The regimes stipulated in this Circular are applicable from January 1, 2015.
Workers complete unemployment insurance procedures at a job exchange organized by the Labour Union of District 12, Ho Chi Minh City.
The content of the Circular includes 8 chapters, providing guidance on participation and contribution to unemployment insurance; counseling and job referral support; unemployment benefits; vocational training support; and training, retraining, and skill enhancement support to help workers maintain their jobs.
One of the notable contents of the Circular is as follows:
– In cases where a worker has entered into multiple labor contracts, all of which are subject to mandatory participation in unemployment insurance, and is participating in unemployment insurance under the first effective labor contract, when the termination or modification of the labor contract (under which unemployment insurance is being contributed) results in the worker no longer being subject to mandatory participation in unemployment insurance, the employer under the subsequent labor contract must establish and submit the worker’s unemployment insurance participation dossier to the social insurance agency within 30 days from the date of termination or modification of the aforementioned labor contract.
– In cases where, before January 1, 2015, the employer has entered into a seasonal or fixed-term labor contract for a period of 3 months or more but less than 12 months with a worker and is in the process of executing this contract, if, as of January 1, 2015, the remaining term of the above labor contract is at least 3 months or more, the employer must participate in unemployment insurance for the worker from January 1, 2015, onwards.
– In cases where a worker at an employer without a legal representative or an authorized person appointed by the legal representative wishes to terminate the labor contract to enjoy unemployment insurance benefits, the worker shall request the Department of Labour, Invalids, and Social Affairs or the provincial social insurance agency to follow the procedure prescribed in Point h, Clause 2, Article 16 of Decree No. 28/2015/ND-CP, as supplemented in Clause 6, Article 1 of Decree No. 61/2020/ND-CP.
– For workers with an unemployment insurance contribution period of over 36 months up to 144 months, the contribution period that has not been settled for unemployment benefits shall be reserved. In case a worker has an unemployment insurance contribution period of over 144 months, the contribution period that has not been settled for unemployment benefits shall not be reserved. The reserved unemployment insurance contribution period shall be specified in the decision on the enjoyment of unemployment benefits.
– If a worker fails to receive unemployment benefits and does not notify the social insurance agency in writing within 3 months from the expiration of the benefit period specified in the decision on the enjoyment of unemployment benefits, the corresponding unemployment insurance contribution period shall be reserved, equivalent to the number of months of unemployment benefits that the worker has not received. The reserved unemployment insurance contribution period shall be specified in the decision on the reservation of the unemployment insurance contribution period.
