THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 39/2009/TT-BLDTBXH
Hanoi, November 18, 2009
 
CIRCULAR
GUIDING THE IMPLEMENTATION OF ARTICLE 12 OF THE GOVERNMENT' DECREE NO. 39/2003/ND-CP OF APRIL 18, 2003, DETAILING AND GUIDING A NUMBER OF ARTICLES OF LABOR CODE REGARDING EMPLOYMET
 
THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
Pursuant to the Government's Decree No. 39/2003/ND-CP of April 18, 2003, detailing and guiding a number of articles of the Labor Code regarding employment;
Pursuant to the Government's Decree No. 127/2008/ND-CP of December 12, 2008, detailing and guiding a number of articles of the Law on Social Insurance regarding unemployment insurance;
Pursuant to the Government's Decree No. 186/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
The Ministry of Labor, War Invalids and Social Affairs guides the implementation of Article 12 of the Government's Decree No. 39/2003/ND-CP of April 18, 2003, detailing and guiding a number of articles of the Labor Code regarding employment (below referred to as Decree No. 39/2003/ND-CP) as follows:
Article 1. The job loss allowance level prescribed in Article 12 of Decree No. 39/2003/ND-CP is guided as follows:
1. Formula for calculation of job loss allowance:

 

Job loss allowance
=
Number of years counted for enjoyment of job loss allowance
x
Salary used for calculating job loss allowance
x
1

 
In which:
- The number of years counted for enjoyment of job loss allowance (counted in years) is the whole period of time the laborer has actually worked for the employer until he/she loses his/ her job subtracting the duration for which the laborer pays unemployment insurance premiums under Article 41 of the Government's Decree No. 127/2008/ND-CP of December 12, 2008, detailing and guiding a number of articles of the Social Insurance Law regarding unemployment insurance. In case the whole period of time the laborer has actually worked for the employer includes odd months (even when the laborer has worked for the employer for full 12 months or more, but his/her total working time counted for enjoyment of job loss allowance is less than 12 months), this period may be rounded up as follows:
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