On March 31, 2021, the Prime Minister issued Decision No. 17/2021/QD-TTg replacing the Prime Minister's Decision No. 77/2014/QD-TTg of December 24, 2014, providing vocational training support levels for employees participating in unemployment insurance. The contents of Decision No. 17/2021/QD-TTg include the following key points:
* Subjects of employees who are supported in vocational training:
Employees are supported in vocational training as prescribed in Article 55 of the Law on Employment in 2013. Accordingly, the employees specified in Clause 1, Article 43 of the 2013 Employment Law (working under labor contracts or working contracts with unknown term, defining the term, seasonal labor contracts or under a certain job with a term of between full 03 months and less than 12 months) are paying unemployment insurance to be supported in vocational training when the following conditions are fully meet:
(1) Meet the conditions specified in Clauses 1, 3 and 4, Article 49 of the Employment Law, including:
- Termination of labor contracts or working contracts, except for the following cases: Employees unilaterally terminate labor contracts, illegal working contracts; receive monthly pensions and working capacity loss benefits.
- Having submitted dossier of unemployment benefit at employment service center;
- Unable to find a job after 15 days from the date of submission of dossier of unemployment insurance benefits, except for the following cases: Performing military service, police service; Studying for a period of full 12 months or more; To comply with decisions on application of measures to be sent to rehabilitation schools, compulsory education establishments and compulsory detoxification establishments; Being detained; To pay imprisonment penalties; Settled abroad; Working abroad under contract; Dead.
(2) Having contributed unemployment insurance for full 09 months or more within 24 months before terminating the labor contract or working contract as prescribed by law.
* Vocational training support level:
- For participants of vocational training courses up to 03 months:
The support rate is calculated according to the tuition fee rate of the vocational training institutions and the actual apprenticeship period but not exceeding 4,500,000 VND/person/training course.
- For participants of vocational training courses for more than 03 months:
The support rate is calculated by month, the tuition fee rate and the actual apprenticeship period but not exceeding VND 1,500,000/person/month.
Where the employees participating in the vocational training course have odd days not enough months as prescribed by the vocational training institutions, the odd number of days shall be calculated on the principle: From 14 days or less, it is calculated as 1/2 month and 15 days or more is calculated as 01 month.
- For employees who have submitted dossiers of application for vocational training support before the effective date of Decision No. 17/2021/QD-TTg but have not yet issued a decision on vocational training support, the vocational training support level shall be applied according to the provisions of this Decision.
* Application for apprenticeship:
Dossiers of application for vocational training support comply with Article 24 of the Government's Decree No. 28/2015/ND-CP of March 12, 2015 detailing the implementation of a number of provisions of the Employment Law on unemployment insurance (amended, supplemented by Clause 12, Article 1 of the Government's Decree No. 61/2020/ND-CP of May 29, 2020) as follows:
- For employees who are waiting for the results of settlement of unemployment benefit or are receiving unemployment benefits but have demand for vocational training in the locality where they are waiting for results or are receiving unemployment benefits: Request for vocational training support (Form No. 03 issued together with Decree No. 61/2020/ND-CP).
- For employees who are receiving unemployment benefits but wishing to learn vocational training in localities other than places where they are receiving unemployment benefits:
+ Request for vocational training support (Form No. 03 issued together with Decree No. 61/2020/ND-CP);
+ Decision on receiving unemployment benefits (original or certified copy or copy enclosed with original for comparison).
- For employees who do not belong to the above cases, including:
+ Request for unemployment benefit;
+ Request for vocational training support (Form No. 03 issued together with Decree No. 61/2020/ND-CP);
+ The original or certified copy or the original enclosed copy for comparison of one of the papers confirming the termination of the labor contract or working contract as prescribed in Clause 2 Article 16 of decree No. 28/2015/ND-CP (amended and supplemented in Clause 6, Article 1 of Decree No. 61/2020/ND-CP).
+ Social insurance book.
- In case the employee has submitted a dossier of application for unemployment benefit but does not meet the conditions for receiving:
+ Request for vocational training support (Form No. 03 issued together with Decree No. 61/2020/ND-CP);
+ Notification by the employment service center of the employee's failure to meet the conditions for unemployment benefit.
* Settlement of vocational training support:
The settlement of vocational training support shall comply with Article 25 of the Decree No. 28/2015/ND-CP (amended and supplemented by Clause 13, Article 1 of Decree No. 61/2020/ND-CP). In which:
- Place of receiving dossiers: Employees wishing to learn vocational training must submit 01 set of application for vocational training support to the employment service center:
+ For employees who are waiting for the result of seding unemployment benefits or are receiving unemployment benefits but wishing to learn vocational training in the locality where they are waiting for results or are receiving unemployment benefits: Submit to the employment service center where they are spending unemployment benefits or where the employees are receiving unemployment benefits.
+ For the remaining cases: Submit to the employment service center where the employee needs an apprenticeship.
- Employees who meet the conditions for vocational training support under the employment law who wish to learn vocational training are supported 01 time to learn 01 occupation at vocational education institutions or higher education institutions registered for vocational education activities of college level, enterprises may carry out vocational education activities to participate in vocational training for employees participating in unemployment insurance (herein addition to vocational training institutions).
* Funding for implementation:
- Funding for vocational training support is paid by the social insurance agency from the Unemployment Insurance Fund.
- Method of vocational training funding: Implemented through vocational training institutions.
Decision No. 17/2021/QD-TTg, took effect on May 15, 2021.
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