Labour Regulations Update in January 2024
Labour Regulations Update in January 2024
January 30, 2024
All information in this document is for reference and general guidance only. It is not an official advice for specific case. Please duly contact our Talentnet’s consultants about applying for specific cases.
I. Circular No. 15/2023/TT-BLDTBXH amending and supplementing instructions on unemployment insurance
On 29 December 2023, the Ministry of Labor, War Invalids and Social Affairs issued the Circular No. 15/2023/TT-BLDTBXH on amending and supplementing a number of Articles of Circular No. 28/2015/TT-BLDTBXH dated on 31 July 2015, guiding the implementation of Article 52 of the Law on Employment and a number of Articles of Decree No. 28/2015/ND-CP dated on 12 March 2015 of the Government detailing the implementation of a number of Articles of Law on Employment in term of Unemployment Insurance (“Circular 15”).
Accordingly, Circular 15 amends and supplements a number of notable regulations of Circular No. 28/2015/TT-BLDTBXH as follows:
- The method to calculate the Unemployment Insurance (UI) payment period to be reserved, specifically:
| Total reserved UI payment period | = | Reserved payment period upon Employee has a month of payment that has not yet been resolved to receive unemployment benefits (if any) | + Reserved UI payment period upon having UI benefits cancellation decision (if any) | + Reserved UI payment period upon having UI benefits cutting decision (if any) | + Reserved UI payment period upon Employee’s failure to receive UI benefit (if any) | + Confirmed additional UI payment period after UI benefit cutting decision (if Employee has UI payment period less than 36 months, they will receive the benefit based on their payment period and benefit entitlement period) (if any) |
- Clarifies that UI payment period of more than 144 months can not be reserved when resolving unemployment benefits for Employees.
- The additional period of UI payment is confirmed after termination of unemployment benefits at the time of reserved UI payment.
- The Social Insurance Agency is responsible for preserving the UI payment period in the Social Insurance Book for Employees according to the instructions of Vietnam Social Insurance.
Circular 15 takes effect from 15 February 2024.
II. Official letter No. 02/BHXH-TST on the foreign exchange rate in the first 6 months of 2024
On 2 January 2024, Ho Chi Minh City Social Insurance issued the Official Letter No. 02/BHXH-TST on foreign exchange rate in the first 6 months
Accordingly, the foreign exchange rate in Vietnam Dong implemented from 1 January 2024 for the first 6 months of 2024 for Employees whose salaries and wages are stated in labor contracts in foreign currency is : 23,848 VND/USD (Twenty-three thousand eight hundred forty-eight).
III. Official letter No. 214/LDTBXH-VL regarding the response to local recommendations on management of foreign employees working in Vietnam
On 16 January 2024, the Ministry of Labor, War Invalids and Social Affairs issued the Official Letter No. 214/LDTBXH-VL to the municipal cites, provinces
in order to respond to local recommendations in term of management of foreign Employees working in Vietnam.
The recommendations and responses mentioned in the Official Letter include visa, using a work permit to demonstrate experience, guidance on “Executive Directors”, not subject to work permit issuance and regulations for temporary residence card issuance and salary transfer; management of short-term Employees in Vietnam; term of work permit and related extension documents; …
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