Lao Dong Newspaper Legal Consulting Office replied:
Clause 5, Article 1, Circular 15/2023/TT-BLDTBXH amends and supplements Clause 3, Article 10 of Circular 28/2015/TT-BLDTBXH stipulates as follows: Employees receiving unemployment benefits do not have to directly notify monthly about job search if the time of notification about job search falls within the period when the employee falls into one of the following cases:
a) Men aged 60 or older, women aged 55 or older;
b) Illness confirmed by a competent medical facility;
c) Maternity leave with confirmation from a competent medical facility. In the case of a man whose wife dies after giving birth and who has to directly raise the child, the confirmation documents are the child's birth certificate and the mother's death certificate;
d) Accident confirmed by traffic police or competent medical facility;
d) Fire, flood, earthquake, tsunami, war, epidemic confirmed by the Chairman of the People's Committee of the commune, ward or town;
e) The employee's father, mother, wife/husband, or child dies; the employee or the employee's child gets married with a certificate from the People's Committee of the commune, ward, or town;
g) Currently participating in a vocational training course according to the decision of the Director of the Department of Labor, War Invalids and Social Affairs and has confirmation from the vocational training facility;
h) Implement a fixed-term labor contract of less than 03 months;
i) Voluntary drug rehabilitation with confirmation from the drug rehabilitation facility or confirmation from the Chairman of the People's Committee of the commune, ward or town;
k) Change the place of receiving benefits according to the provisions of Clause 5 of this Article.
Employees must inform the employment service center (via phone, email, fax, etc.) of the reason for not having to come directly to notify and within 03 working days from the last day of the monthly notification period for job search as prescribed, and at the same time send a registered letter or authorize another person to submit the original or a certified copy of one of the above documents proving that they are not required to directly notify the employment service center where they are receiving unemployment benefits , except for the case specified in Point a of this Clause. In case of sending by post, the date considered to have sent the notification is the date of sending recorded on the postmark.
Thus, the above cases do not directly report employment status and are still entitled to unemployment benefits.
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