Thông tư 32/2010/TT-BLDTBXH

Circular No. 32/2010/TT-BLDTBXH of October 25, 2010, guiding a number of articles 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

Circular No. 32/2010/TT-BLDTBXH guiding a number of articles of the Government's đã được thay thế bởi Circular No. 28/2015/TT-BLDTBXH guidelines for the Law on employment in terms of unemployment insurance và được áp dụng kể từ ngày 15/09/2015.

Nội dung toàn văn Circular No. 32/2010/TT-BLDTBXH guiding a number of articles of the Government's


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. 32/2010/TT-BLDTBXH

Hanoi, October 25, 2010

 

CIRCULAR

GUIDING A NUMBER OF ARTICLES 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

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;
Pursuant to 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;
The Ministry of Labor, War Invalids and Social Affairs guides a number of articles 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, (below referred to as Decree No. 127/2008/ND-CP) as follows
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I. SUBJECTS AND SCOPE OF APPLICATION

Article 1. Subjects and scope of application

Subjects and scope of application of this Circular arc those defined in Articles 1, 2 and 3 of Decree No. 127/2008/ND-CP except civil servants as defined in the Government's Decree No. 06/2010/ND-CP of January 25, 2010, on civil servants.

Persons on monthly pension or working capacity loss allowance who sign labor or working contracts with employers are not eligible for unemployment insurance.

II. UNEMPLOYMENT INSURANCE REGIMES

Article 2. Conditions for entitlement to unemployment insurance

Unemployed laborers are entitled to unemployment insurance when they fully satisfy the conditions specified in Article 15 of Decree No. 127/2008/ND-CP specifically guided as follows:

1. Having paid unemployment insurance premiums for full 12 months or more within 24 months before losing a job or terminating a labor or working contract under law.

A month of unemployment insurance premium payment will be counted if the employer and employee have paid unemployment insurance premiums and the employee has performed a labor or working contract for at least one day in that month.

2. Having registered unemployment under law with a job placement center under a provincial-level Labor. War Invalids and Social Affairs Department (below referred to as job placement center) when losing a job or terminating a labor or working contract.

3. Failing to find a job 15 working days after the date of unemployment registration under Clause 2 of this Article (the first date of this 15-day duration is the date following the date of unemployment registration).

Working days referred to in all cases mentioned in this Circular are working days from Monday to Friday every week-

Article 3. Unemployment allowance

1. . The unemployment allowance level specified in Clause 2. Article 16 of Decree No.127/2008/ND-CP is guided as follows:

The monthly unemployment allowance level equals 60% of the laborer's average monthly salary or wage of 6 consecutive months before he/she loses a job or terminates a labor or working contract under law, on which unemployment insurance premiums are based.

If, during the last months before becoming unemployed, a laborer has a period of interrupted unemployment insurance premium payment, the period of 6 consecutive months on which unemployment insurance premiums arc based is the average of 6 months on which unemployment insurance premiums are based before he/she loses a job or terminates a labor or working contract under law.

2. The period of receiving unemployment allowance specified in Clause 3. Article 16 of Decree No. 127/2008/ND-CP is guided as follows:

a/ Three months, if a laborer has paid unemployment insurance premiums for between full 12 mouths and under 36 months;

b/ Six months, if a laborer has paid unemployment insurance premiums for between lull 36 months and under 72 months;

c/ Nine months, if a laborer has paid unemployment insurance premiums for between full 72 months and under 144 months;

d/ Twelve months, if a laborer has paid unemployment insurance premiums for full 144 months or more.

A month of receiving unemployment allowance mentioned above is a calendar month and is counted from the date a laborer starts to receive unemployment allowance under Clause 3 of this Article to the same date of the subsequent month minus one day.

Example 1:

Mr. Cao Van is entitled to a 3-month unemployment allowance from August 15, 2010. So, he is entitled to unemployment allowance for the following months:

-First month: from August 15. 2010, through September 14, 2010;

- Second month: from September 15, 2010, through October 14, 2010;

- Third month: from October 15, 2010, through November 14, 2010.

3. The time to start receiving unemployment insurance under Article 20 of Decree No. 127/ 2008/ND-CP is guided as follows:

The lime to start receiving unemployment insurance is the 16lh day counted in working days from the date of unemployment registration under regulations.

4. Suspension from receiving unemployment allowance under Clause I. Article 22 of Decree No. 127/2008/ND-CP is guided as follows:

A laborer on monthly unemployment allowance shall be suspended from receiving such allowance in either of the following cases:

a/ Failing to monthly report on his/her job seeking under regulations to the job placement center in the place in which he/she is receiving unemployment allowance.

b/ Being held in temporary detention under a competent state agency's decision.

A laborer on unemployment allowance who is suspended from receiving such allowance in the above two cases on any day of the month during which he/she is entitled to such allowance will still receive the whole allowance for that month.

5. Cases in which a laborer who is suspended from receiving monthly unemployment allowance may receive such allowance again under Clause 2, Article 22 of Decree No. 127/2008/ND-CP are guided as follows:

a/ The period during which the laborer is entitled to unemployment allowance under Clause 2 of this Article has not expired and he/ she resumes monthly reporting on his/her job seeking to the job placement center under regulations.

b/ The period during which the laborer is entitled lo unemployment allowance under Clause 2 of this Article has not expired when he/ she is released from temporary detention.

6. Cases in which a laborer on unemployment allowance is no longer entitled to such allowance under Clause 1, Article 23 of Decree No. 127/ 2008/ND-CP are guided as follows:

a/ The period during which the laborer receives unemployment allowance has expired under the decision on unemployment allowance.

b/ He/she has found a job.

A laborer is regarded as having found a job in any of the following cases:

- He/she has signed a labor or working contract (including the paid probation) of full 3 months or more;

- He/she has received a recruitment decision, for laborers working without labor or working contracts;

- The business householder or individual obtains a business registration certificate issued by a competent agency.

c/ He/she is enlisted.

d/ He/she starts receiving a pension under a competent agency's decision.

Within 3 working days after receiving a decision on monthly pension, a laborer on unemployment allowance shall notify in writing such decision and date when he/she starts to receive a pension to the job placement center in the place in which he/she is receiving unemployment allowance.

e/ He/she has refused twice to lake a job recommended by a job placement center without a plausible reason.

A laborer on unemployment allowance who refuses to take a job in any of the following cases will be regarded as having no plausible reason:

- He/she has been trained in such job;

- He/she used to perform such job;

- He/she is an unskilled laborer and such job requires unskilled laborers.

f/ During the period of receiving unemployment allowance, he/she fails to monthly report for three consecutive months on his/her job seeking to the job placement center under regulations.

g/ He/she goes abroad for permanent residence.

h/ He/she serves a decision on the application of administrative handling measures at a reformatory, educational institution or health establishment or serves a sentence penalty in prison.

i/ He/she is dead.

A laborer on unemployment allowance who is no longer entitled to such allowance in any of the above cases on any day of the month during which he/she is entitled to such allowance may still receive the whole of such allowance for that month.

7. A laborer on unemployment allowance who is no longer entitled to such allowance under Item b or c. Clause 6 of this Article may receive a lump-sum allowance equal to the total unemployment allowance amount for the remaining period during which he/she is entitled to unemployment allowance.

8. Unemployment allowance shall be paid by the Vietnam Social Security.

Article 4. Vocational training support

1. Cases in which laborers on unemployment allowance may receive vocational training support under Clause 1 Article 17 of Decree No.127/2008/ND-CP in vocational training are guided as follows:

A laborer on unemployment allowance who wishes to learn a job may receive vocational training support through a vocational training institution. No monetary support will be provided for laborers to leant jobs by themselves.

2. The level of vocation training support under Clause 2. Article 17 of Decree No. 127/2008/ND-CP is guided as follows:

The level of vocational training support for laborers on unemployment allowance is equal to the cost for basic vocational training under the law on vocational training.

A laborer on unemployment allowance who wishes to learn a job at a cost exceeding the cost for basic vocational training under law shall pay the excessive amount.

3. The support duration under Clause 3. Article 17 of Decree No. 127/2008/ND-CP is guided as follows:

The support duration depends on each job's training period and each laborer but must not exceed 6 months. The date of starting to receive vocational training support is the date a laborer receives monthly unemployment allowance.

During the period of entitlement to unemployment allowance under regulations, a laborer who wishes to learn a job may make an application for vocational training support. The director of a provincial-level Labor. War Invalids and Social Affairs Department shall decide to provide vocational training support within 10 working days after receiving such application.

After the unemployment allowance period under regulations, a laborers who continues vocational training or has just attended vocational training under a decision of the director of a provincial-level Labor. War Invalids and Social Affairs Department may continue receiving vocational training support till the end of the vocational training period.

Example 2:

Mr. Dao Van Quang is entitled to a 3-month unemployment allowance from June 10 through August 9. 2010. On July 15. 2010. he wishes to learn welding and files an application for learning this job. In July 2010. the provincial-level Labor, War Invalids and Social Affairs Department's director issues a decision to provide a 6-month vocational training support for Mr. Quang. Although this training course starts in September when he is no longer entitled to unemployment allowance, he is still entitled to a 6-month vocational training support till the end of the specified duration.

Example 3:

Mr. Dang Quang Khanh is entitled to a 3-month unemployment allowance from May 1 to July 31. 2010. On July 30. 2010. he wishes to learn welding and files an application for learning this job. On August 5, 2010 (the time when he is no longer entitled to unemployment allowance). the provincial-level Labor. War Invalids and Social Affairs Department's director issues a decision to provide a 6-month vocational training support for Mr. Khanh. Although this training course starts in October when he is no longer entitled to unemployment allowance, he is still entitled to a 6-month vocational training support till the end of the specified duration.

4. Vocational training support expenses shall be paid by the Vietnam Social Security.

Article 5. Job seeking support

1. Job seeking support, under Clause 1, Article 18 of Decree No. 127/2008/ND-CP is guided as follows:

Laborers on unemployment allowance may receive free job counseling and recommendation from job placement centers. Job seeking support must be suitable to the training degree and working experience of laborers.

2. The period during which laborers may receive free job counseling and recommendation under Clause 2, Article 18 of Decree No. 127/2008/ND-CP is guided as follows:

The period during which a laborer on unemployment allowance may receive job counseling and recommendation from a job placement center shall be counted from the date he/she receives monthly unemployment allowance and must not exceed the total duration in which she/she is on unemployment allowance under a decision of the director of a provincial-level Labor, War Invalids and Social Affairs Department.

3. Expenses for job counseling and recommendation for laborers on unemployment allowance shall be paid by the Vietnam Social Security.

Article 6. Health insurance

Cases in which laborers on unemployment allowance arc entitled to health insurance under Clause 2. Article 19 of Decree No. 127/2008/ ND-CP are guided as follows:

1. Laborers on monthly unemployment allowance are entitled to health insurance under the law on health insurance. Laborers who are no longer entitled to unemployment allowance may not enjoy health insurance and shall return health insurance cards to social insurance organizations under the guidance of the Vietnam Social Security.

2. The Vietnam Social Security shall pay health insurance premiums for laborers on monthly unemployment allowance.

III. UNEMPLOYMENT INSURANCE ORDER AND PROCEDURES

Article 7. Participation in unemployment insurance

1. Cases in which an employer employs ten or more laborers under Article 3 of Decree No. 127/2008/ND-CP are guided as follows:

Ten or more laborers employed by an employer include Vietnamese laborers who are performing indefinite labor or working contracts, labor or working contracts of between full 12 months and 36 months, or seasonal or job-based labor or working contracts of full 3 months or more. For state agencies and non-business units, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, non-business units of political organizations or socio-political organizations, and other social organizations employing ten or more laborers, these laborers include cadres and civil servants who are currently working in these agencies, units or organizations.

The lime for calculating the number of annual laborers of enterprises, agencies and organizations for implementation of unemployment insurance policies is January 1 of a calendar year.

If at another time of a year, an employer employs sufficient laborers eligible to participate in unemployment insurance under regulations, the time for calculating the number of laborers in that year for implementation of unemployment insurance policies of the enterprise, agency or organization is the first of the subsequent calendar month.

In case an employer has employed ten or more laborers eligible to participate in unemployment insurance, if he/she employs fewer than ten laborers in the months in a year, he/she shall still pay unemployment insurance premiums for laborers on unemployment insurance.

2. The time limit for participation in unemployment insurance under Article 36 of Decree No. 127/2008/ND-CP is guided as follows:

Within 30 working days after signing a labor or working contract, the employer shall submit a dossier of participation in unemployment insurance to the social insurance organization.

The Vietnam Social Security shall guide procedures for submission and receipt of dossiers of participation in unemployment insurance.

3. A dossier of participation in unemployment insurance under Article 36 of Decree No. 127/ 2008/ND-CP comprises:

a/ The laborer's personal information declaration, containing the following details: full name. sex. date of birth, ethnic group, nationality, place of residence, serial number and date and place of issuance of identity card, serial number and date of signing of the labor contract, type of contract, salary or wage and allowances on which unemployment insurance premiums are based under regulations, effective date of contract, serial number of social insurance book, period during which he/she has paid unemployment insurance premiums but not yet received unemployment insurance, his/her commitment, and the employer's certification. The Vietnam Social Security shall issue this declaration form together with the declaration form for participation in social insurance.

b/ The employer-made list of laborers participating in unemployment insurance, containing the following details: full name, serial numbers of identity card and social insurance book, type of labor contract, salary or wage and allowances on which unemployment insurance premiums are based under regulations. The Vietnam Social Security shall issue details of this list together with the list of laborers participating in social insurance.

Article 8. Payment of unemployment insurance premiums

1. The mode of unemployment insurance premium payment under Clause 1. Article 26 of Decree No. 127/2008/ND-CP is guided as follows:

Employers shall monthly pay unemployment insurance premiums equal to 1 % of salaries or wages on which un employment insurance premiums are based for unemployment insurance participants and deduct 1% of every laborer's monthly salary or wage on which unemployment insurance premiums are based for remittance into the unemployment insurance fund.

2. Monthly salaries or wages on which unemployment insurance premiums are based under Clause 3, Article 27 of Decree No. 127/ 2008/ND-CP are guided as follows:

For laborers with monthly salaries or wages exceeding 20 months' common minimum salary, the monthly salary or wage on which unemployment insurance premiums are based is equal to 20 months' common minimum salary (currently VND 730,000/month: the maximum monthly salary or wage on which unemployment insurance premiums are based is VND 14.600,000/month). When the common minimum salary level is adjusted, the monthly salary or wage on which unemployment insurance premiums arc based shall also be adjusted under the above regulations.

Example 4:

Mr. Hoang Van Hoa works for a wholly foreign-owned enterprise. He enjoys a salary of USD 1.000/month indicated in the labor contract. In July 2010, his actually paid salary is VND 19,100,000/month (calculated at the inter-bank average exchange rate of VND 19,100/USD 1 announced by the State Bank of Vietnam on July 1, 2010). His monthly salary on which unemployment insurance premiums are based is VND 14,600,000.

In case an employee is on a maternity or sickness leave for 14 or more working days in a month and does not receive monthly salary or wage but enjoys social insurance allowance, both the employer and employee are not required to pay unemployment insurance premiums for that month. This period will not be counted for enjoyment of unemployment insurance when the employee loses his/her job or terminates his/her labor or working contract.

3. The Vietnam Social Security shall specify the time for employers to pay unemployment insurance premiums under Clause 2, Article 26 of Decree No. 127/200 8/ND-CP.

4. The Vietnam Social Security shall guide the order and procedures for payment of unemployment insurance premiums.

Article 9. Enjoyment of unemployment insurance

1. Registration under Clause 1, Article 34 of Decree No. 127/2008/ND-CP is guided as follow:

a/ Within 7 working days after losing a job or terminating a labor or working contract, a laborer shall come to the job placement center in the place in which he/she worked to register unemployment (the first date within this 7-day time limit is the working day following the date the laborer lost his/her job or terminated his/her labor or working contract).

The laborer shall fully fill in the unemployment registration form (form No. 1 attached to this Circular) and submit it to the job placement center.

The job placement center shall guide and examine the contents of the unemployment registration form and hand an unemployment registration bulletin (form No. 2 attached to this Circular) to the laborer.

Example 5:

Mr. Le Van Hung terminated his working contract on March 1. 2010. So. the first date of the time limit for unemployment registration is March 2, 2010, and the deadline for him to register unemployment under regulations (7 working days after he loses his job) is March 10. 2010.

Example 6:

Mr. Nguyen Van A terminated his working contract on December 31, 2009, so the first dale of the time limit for unemployment registration is January 1. 2010. But January 1 fell on Friday (a holiday), and January 2 and 3 fell on Saturday and Sunday. Therefore, the first date of the time limit for unemployment registration is January 4. 2010, and the deadline for A to register unemployment under regulations (7 working days after he loses his job) is January 12. 2010.

b/ Laborers who register their unemployment beyond the 7-day time limit under Item a of this Clause but within 30 days after the expiration of the time limit for unemployment registration under regulations may register their unemployment and receive unemployment insurance in the following cases:

- They are ill or pregnant as certified by a district- or higher-level hospital;

- They have accidents as certified by a district-or higher-level hospital, or of the traffic police in case they have traffic accidents:

- They suffer from natural disasters or enemy sabotage as certified by the chairperson of the People's Committees of a commune, ward or township (below referred to as commune-level People's Committee) at the laborers' request.

2. A dossier for enjoyment of unemployment insurance indemnities under Article 37 of Decree No. 127/2008/ND-CP comprises:

a/ A written request for enjoyment of unemployment insurance indemnities, made according to form No. 3 attached to this Circular.

b/ A copy of the expired labor or working contract or the agreement on termination of the labor or working contract, the decision on severance, or the last employer's certification of the lawful unilateral termination of the labor or working contract.

At the same time, the laborer shall produce his/her social insurance book, with the social insurance agency's certification of payment of unemployment insurance premiums.

The unemployed laborer shall submit a complete dossier for enjoyment of unemployment insurance indemnities within 15 working days after registering unemployment (the first date of this 15-day time limit is the working day following the date he/she registers his/her unemployment).

The job placement center shall only receive a complete dossier for enjoyment of unemployment insurance indemnities under regulations and issue to the laborer a slip notifying dossier processing results, made according to form No. 4 attached to this Circular.

Example 7:

Mr. Hoang Van C registered his unemployment on January 5. 2010, so the first date of the time limit for submission of his dossier for enjoyment of unemployment insurance indemnities is January 6. 2010. and the deadline for submission of this dossier under regulations (15 working days after unemployment registration) is January 26. 2010.

c/ Unemployed laborers who submit complete dossiers for enjoyment of unemployment insurance indemnities beyond the 15-day time limit under Item b of this Point but within 30 days after the expiration of the time limit for submission of such dossiers may receive unemployment insurance indemnities in the following cases:

- They arc ill or pregnant as certified by a district- or higher-level hospital;

- They have accidents as certified by a district-or higher-level hospital, or of the traffic police in case they have traffic accidents:

- They suffer from natural disasters or enemy sabotage as certified by the chairperson of a commune-level Peoples Committee at the laborers' request.

3. Settlement of enjoyment of unemployment insurance indemnities under Clause 2. Article 38 of Decree No. 127/2008/ND-CP is guided as follows:

a/ Time limit for settlement: 20 working days after receiving the laborer's dossier for enjoyment of unemployment insurance indemnities under Clause 2 of this Article.

b/ Cases eligible for unemployment insurance indemnities:

- Unemployment allowance:

+ The job placement center's director shall identify the level and duration of entitlement to unemployment allowance and draft a decision on such enjoyment for each laborer and submit it directly to the director of the provincial-level Labor, War Invalids and Social Affairs Department for signing.

+ Copies of the above decision shall be sent to the social insurance organization of a province or centrally run city (below referred to as the provincial-level social insurance organization) for payment of unemployment allowance; kept at the provincial-level Labor, War Invalids and Social Affairs Department; sent to the job placement center for job counseling and recommendation, job seeking monitoring and identification of the unemployed laborer in case of suspension, termination or resumption of unemployment allowance entitlement; and sent to the laborer for compliance. Such decision shall be made according to form No. 5 attached to this Circular.

A laborer entitled to a lump-sum allowance under Clause 2, Article 23 of Decree No. 127/ 2008/ND-CP shall make a request for entitlement of such allowance according to form No. 6 attached to this Circular. The job placement center's director shall determine the lump-sum allowance level and draft a decision on each laborer's entitlement to lump-sum allowance and submit it directly to the director of the provincial-level Labor. War Invalids and Social Affairs Department for signing. Copies of this decision shall be sent to the provincial-level social insurance organization for payment of the allowance; kept at the provincial-level Labor, War Invalids and Social Affairs Department: sent to the job placement center, and to the laborer for compliance. Such decision shall be made according to form No. 7 attached to this Circular.

The order and procedures for unemployment allowance payment comply with the guidance of the Vietnam Social Security.

- Job counseling and recommendation:

After receiving the provincial-level Labor, War Invalids and Social Affairs Department director's decision on the unemployed laborer's entitlement to unemployment allowance, the job placement center's director shall provide free job counseling and recommendation for the laborer under regulations. Funds for such job counseling and recommendation comply with the Finance Ministry's guidance.

- Vocational training support:

+A laborer on unemployment allowance who wishes to receive vocational training shall make an application according to form No. 8 attached to this Circular and send it to a job placement center.

+ The job placement center's director shall identify jobs, level of vocational training support, vocational training duration and place of vocational training, and draft a decision on vocational training support for the laborer on unemployment allowance and submit it directly to the director of the provincial-level Labor, War Invalids and Social Affairs Department for signing.

+ Copies of the above decision shall be sent to the provincial-level social insurance organization for payment of vocational training expenses to the vocational training institution (including the job placement center providing vocational training to the unemployed laborer): kept at the provincial-level Labor. War invalids and Social Affairs Department; sent to the job placement center for further providing job counseling and recommendation after vocational training; sent to the vocational training establishment, and to the laborer for compliance.

Such decision shall be made according to form No. 9 attached to this Circular.

The order and procedures for vocational training support payment comply with regulations of the Vietnam Social Security.

c/ In cases ineligible for unemployment insurance, job placement centers shall give written replies clearly slating reasons, made according to form No. 10 attached to this Circular.

Article 10. Change of places of unemployment insurance enjoyment

1. Change of the place of unemployment insurance enjoyment before a laborer obtains a decision on unemployment allowance entitlement:

A laborer who wishes to move to another province or centrally run city for unemployment insurance enjoyment shall register his/her unemployment under regulations and make an application for change of the place of unemployment insurance enjoyment according to form No. 11 attached to this Circular and send it lo the job placement center with which he/she has registered unemployment. This center shall, at the laborer's request, introduce another job placement center to him/her to enjoy unemployment insurance, enclosed with his/her unemployment registration. The new job placement center shall receive such case of unemployment insurance enjoyment and carry out procedures under this Circular.

A letter of introduction for change of the place of unemployment insurance enjoyment shall be made according to form No. 12 attached to this Circular.

2. Change of the place of unemployment allowance entitlement after a decision on unemployment allowance entitlement is issued:

While on unemployment allowance, a laborer who wishes to move to another province or centrally run city for continued entitlement to such allowance shall make an application for change of the place of unemployment allowance entitlement according to form No. 13 attached to this Circular and send it to the job placement center of the place in which he/she is on unemployment allowance. This center shall, at the laborer's request, introduce another job placement center to the laborer to enjoy unemployment allowance (enclosed with his/her unemployment registration, decision on unemployment allowance entitlement, request for change of the place of unemployment insurance enjoyment and relevant papers) and notify in writing the provincial-level social insurance organization of such change.

The new job placement center shall receive such case of unemployment allowance entitlement and request in writing the provincial- level social insurance organization to continue paying unemployment allowance, enclosed with a copy of the decision on the laborer's unemployment allowance entitlement; and continue implementing regimes for the laborer.

The Vietnam Social Security shall guide the payment of unemployment allowance and re-grant of health insurance cards to laborers who have their places of unemployment allowance entitlement changed.

A letter of introduction for change of the place of unemployment allowance entitlement shall be made according to form No. 14 attached to this Circular.

Article 11. Monthly notification of job seeking

1. Monthly notification of job seeking under Clause 2, Article 34 of Decree No. 127/2008/ ND-CP is guided as follows:

While on unemployment allowance, an unemployed person shall come to the job placement center in the place in which he/she is receiving unemployment allowance to notify his/ her job seeking, except the following cases:

- If he/she is ill or pregnant, written certification of a district- or higher-level hospital is required:

- If he/she has an accident, written certification of a district- or higher-level hospital, or of the traffic police in case he/she has a traffic accident, is required;

- If he/she suffers from a natural disaster or enemy sabotage, written certification of the chairperson of the commune-level People's Committees at his/her request, is required.

Persons who do not show up at job placement centers as required above shall, within 3 working days after the dale of notification of job seeking under regulations, send the above papers to job placement centers in places in which they are receiving unemployment allowance.

A notice of job seeking shall be made according to form No. 15 attached to this Circular.

2. Job placement centers in places in which laborers are receiving unemployment allowance shall specify the date of monthly notification of job seeking of each laborer on unemployment allowance.

Article 12. Suspension from or resumption of unemployment allowance entitlement

1. Order and procedures for suspension from unemployment allowance entitlement:

For a laborer on unemployment allowance who is suspended from entitlement to such allowance, the director of the job placement center in the place in which the laborer is receiving such allowance shall draft a decision to suspend unemployment allowance entitlement and submit it directly to the director of the provincial-level Labor. War Invalids and Social Affairs Department for signing.

Copies of this decision shall be sent to the provincial-level social insurance organization for suspending unemployment allowance entitlement: kept at the provincial-level Labor, War Invalids and Social Affairs Department: sent to the job placement center, and to the laborer for compliance. Such decision shall be made according to form No. 16 attached to this Circular.

2. Resumption of entitlement to monthly unemployment allowance: For laborers defined in Clause 2, Article 22 of Decree No. 127/2008/ ND-Cp directors of job placement centers in the places in which these laborers are suspended from entitlement to such allowance shall draft a decision to resume unemployment allowance entitlement and submit it directly to the director of the provincial-level Labor. War Invalids and Social Affairs Department for signing.

Copies of this decision .shall be sent to the provincial-level social insurance organization for resuming payment of unemployment allowance to the unemployed laborer; kept at the provincial-level Labor, War Invalids and Social Affairs Department; sent to the job placement center, and to the laborer for compliance. Such decision shall be made according to form No. 17 attached to this Circular.

Article 13. Termination of unemployment allowance entitlement

For a laborer on unemployment allowance who is subject to termination of entitlement to such allowance under Points b, c. d. e. f. e. h and i. Clause 6, Article 3 of this Circular, the director of the job placement center in the place in which the laborer is receiving such allowance shall draft a decision to terminate unemployment allowance entitlement and submit it directly to the director of the provincial-level Labor. War Invalids and Social Affairs Department for signing.

Copies of this decision shall be sent to the provincial-level social insurance organization for terminating unemployment allowance entitlement; kept at the provincial-level Labor, War Invalids and Social Affairs Department; sent to the job placement center, and to the laborer for compliance. Such decision shall be made according to form No. 18 attached to this Circular.

IV ORGANIZATION OF IMPLEMENTATION

Article 14. Responsibilities of the Employment Department of the Ministry of Labor. War Invalids and Social Affairs

1. To assist the Minister in performing the state management of unemployment insurance under law.

2. To direct, urge, guide and examine the implementation of the law on unemployment insurance.

3. To popularize, disseminate and train in the law on unemployment insurance.

4. To summarize and report on the implementation of unemployment insurance policies and law.

Article 15. Responsibilities of the Vietnam Social Security

1. To popularize and disseminate unemployment insurance regimes, policies and law.

2. To promulgate documents guiding employers and employees subject to unemployment insurance in compiling dossiers and carrying out procedures for participation in unemployment insurance and payment of unemployment insurance premiums. To guide provincial-level social insurance organizations in collecting and paying unemployment insurance amounts under law.

3. To receive slate budget supports for the Unemployment Insurance Fund and manage this Fund under regulations.

4. To guide, direct and examine the collection and payment of unemployment insurance premiums by provincial-level social insurance organizations, the Social Insurance Agency under the Ministry of National Defense, the Social Insurance Agency under the Ministry of Public Security and the Social Insurance Agency under the Government Cipher Committee.

5. To coordinate with the Ministry of Labor. War Invalids and Social Affairs in the implementation, inspection, examination, settlement of complaints and denunciations, and exchange of information relating to the implementation of unemployment insurance regimes.

6. Before January 31 every year, to report to the Ministry of Labor, War Invalids and Social Affairs on the collection, payment, management and use of the Unemployment Insurance Fund in the previous year.

Article 16. Responsibilities of provincial-level Labor, War Invalids and Social Affairs Departments

1. To assume the prime responsibility for. and coordinate with concerned agencies in. popularizing and disseminating unemployment insurance regimes, policies and law.

2. To direct attached units, job placement centers and vocational train ins institutions in implementing unemployment insurance policies in localities.

3. To decide on unemployment allowance entitlement, vocational training support, suspension from or resumption or termination of unemployment allowance entitlement for the unemployed under law.

4. To monitor, inspect and examine the observance of the law on unemployment insurance.

5. Before July 31 and December 31 every year, to report on the implementation of unemployment insurance policies in localities according to form No. 19 attached to this Circular to the Ministry of Labor, War Invalids and Social Affairs.

Article 17. Responsibilities of provincial-level social insurance organizations

1. To receive employers' registration dossiers of participation in unemployment insurance and payment of unemployment insurance premiums; to collect unemployment insurance premiums under law.

2. To finalize and return within 5 working days after receiving requests social insurance books indicating the payment of unemployment insurance premiums for laborers.

3. To pay unemployment allowances, issue health insurance cards and settle health insurance-related benefits for persons on unemployment insurance.

4. To provide job seeking supports for job placement centers under provincial-level Labor War Invalids and Social Affairs Departments and vocational training supports for vocational training institutions in localities.

5. To cease paying unemployment allowance. vocational training support or job seeking support for and revoke health insurance cards from persons on unemployment allowance upon receiving decisions of directors of provincial-level Labor, War Invalids and Social Affairs Departments.

6. Before July 15 and January 15 every year, to report on the collection and payment of unemployment insurance premiums in the first half of a year and the previous year, respectively, to provincial-level Labor, War Invalids and Social Affairs Departments.

7. To coordinate with provincial-level Labor. War Invalids and Social Affairs Departments and concerned agencies in popularizing and disseminating the law on and settling problems in unemployment insurance.

Article 18. Responsibilities of job placement centers

1. To receive unemployment registration forms and dossiers of unemployment insurance enjoyment, examine them and carry out procedures to settle unemployment insurance regimes under this Circular.

2. To disseminate and popularize unemployment insurance policies and law.

3. To provide job counseling and recommendation for persons on unemployment insurance; to provide appropriate vocational training for persons on unemployment insurance.

4. To keep laborers" dossiers under regulations. Each laborer's dossier of unemployment insurance enjoyment comprises an unemployment registration paper: a request for unemployment insurance enjoyment: a cop\ of the expired labor or working contract or agreement on the termination of this contract, decision on severance or the last employer's certification on lawful unilateral termination of this contract: a decision on unemployment insurance entitlement; an application for lump-sum allowance entitlement; a decision on lump-sum allowance enjoyment; a request for vocational training; a decision on vocational training support; a request for change of the place of unemployment insurance enjoyment; a letter of introduction; a notice of job seeking; a decision to suspend unemployment allowance entitlement; a decision to resume unemployment allowance entitlement: a decision to terminate unemployment allowance entitlement; and related papers.

5. To make periodical reports:

a/ Before the 25th even' month, to report on the implementation of unemployment insurance policies, job counseling and recommendation and job training for unemployed persons in localities (from the 20lh of the previous month to the 20:il of the reporting month) according to form No. 20 attached to this Circular to provincial-level Labor, War Invalids and Social Affairs Departments and the Ministry of Labor. War Invalids and Social Affairs (the Employment Department).

b/ Before July 15 biannually and January 15 annually, to report on the implementation of unemployment insurance policies, job counseling and recommendation and job training for unemployed persons in localities according to form No. 21 attached to this Circular to provincial-level Labor, War Invalids and Social Affairs Departments and the Employment Department (the Ministry of Labor, War Invalids and Social Affairs).

Article 19. Responsibilities of vocational training institutions

To provide vocational training for unemployed persons at the request of provincial-level Labor. War Invalids and Social Affairs Departments.

Article 20. Responsibilities of employers

1. To coordinate with grassroots trade unions in popularizing and disseminating unemployment insurance policies and complying with regulations on unemployment insurance participation: to pay unemployment insurance premiums under the law on unemployment insurance.

2. To produce documents and dossiers and provide relevant information at the request of competent state agencies upon unemployment insurance-related examination or inspection.

3. To provide copies of labor or working contracts or certify unilateral termination of these contracts or certify unemployment for laborers within 2 days after they lose their jobs or terminate their labor or working contracts; to certify or close social insurance books for laborers so that they can complete dossiers of unemployment insurance under regulations.

4. To provide laborers with information on payment of unemployment insurance premiums within 2 working days after they so request.

5. To guide laborers who lose their jobs or terminate their labor or working contracts in registering unemployment with and submitting dossiers of unemployment insurance to job placement centers under regulations.

6. Before January 15 every year, to report on the payment of unemployment insurance premiums of the previous year to provincial-level Labor. War Invalids and Social Affairs Departments of localities with which they register participation in unemployment insurance according to form No. 22 attached to this Circular.

Article 21. Implementation provisions

1. This Circular takes effect 45 days from the date of its signing.

2. This Circular replaces Circular No. 04/ 2009/TT-BLDTBXH of January 22, 2009, of the Ministry of Labor, War Invalids and Social Affairs, guiding a number of articles of the Government's Decree No. 127/2008/ND-CP of December 12, 2007, detailing and guiding a number of articles of the Social Insurance Law regarding unemployment insurance, and Circular No. 34/2009/TT-BLDTBXH of October 16, 2009, of the Ministry of Labor, War Invalids and Social Affairs, amending and supplementing Circular No. 04/2009/TT-BLDTBXH of January 22, 2009.

3. For state enterprises in the period of transformation under the 2003 Law on State Enterprises, the period during which laborers have paid unemployment insurance premiums will not be counted for entitlement to unemployment or severance allowance under Clause 6, Article 139 of the Social Insurance Law after this Law's provisions on unemployment insurance take effect.

Any problems arising in the course of implementation should be reported to the Ministry of Labor, War Invalids and Social Affairs for timely guidance and settlement.-

 

 


FOR THE MINISTER OF
LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
DEPUTY MINISTER




Nguyen Thanh Hoa

* Note: All the forms mentioned in this Circular are not printed herein.

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Số hiệu32/2010/TT-BLDTBXH
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Ngày ban hành25/10/2010
Ngày hiệu lực09/12/2010
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    Circular No. 32/2010/TT-BLDTBXH guiding a number of articles of the Government's
    Loại văn bảnThông tư
    Số hiệu32/2010/TT-BLDTBXH
    Cơ quan ban hànhBộ Lao động – Thương binh và Xã hội
    Người kýNguyễn Thanh Hòa
    Ngày ban hành25/10/2010
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    Ngày công báo...
    Số công báo
    Lĩnh vựcLao động - Tiền lương, Bảo hiểm
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    Cập nhật4 năm trước

    Văn bản gốc Circular No. 32/2010/TT-BLDTBXH guiding a number of articles of the Government's

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