Nghị định 28/2015/ND-CP

DECREE

Detailing the implementation OF a number of articles on unemployment insurance of the Law on employment

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Employment dated November 16, 2013;

At the request of the Minister of Labor, War Invalids and Social Affairs

The Government promulgates the Decree detailing the implementation OF a number of articles of the Law on employment on unemployment insurance

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation of a number of articles  of the Law on employment on support for training courses, refresher courses for improvement of occupational skills for job  maintenance for employees; unemployment insurance  fund ; unemployment insurance organizations; rights and responsibilities of agencies, units, organizations and individuals involved in implementing unemployment insurance policy

Article 2. Regulated entities

1. Employees, employers obliged to participate in unemployment insurance under the provisions of Article 43 of the Law on Employment.

2. Employees who are enterprise managers, cooperative managers receiving wages and participating in compulsory social insurance under the provisions of the legislation on social insurance

3. Social insurance organizations, Services of Labour, War Invalids and Social Affairs in central-affiliated cities and provinces (hereinafter referred to as the Services of Labour, War Invalids and Social Affairs), employment service centers established by State management agencies on employment and assigned tasks as prescribed in paragraph 2 of Article 38 of the Law on Employment (hereinafter referred to as employment service centers).

4. Agencies, organizations, and individuals involved in unemployment insurance under the provisions of the Law on Employment

Chapter II

SUPPORT FOR TRAINING COURSES, REFRESHER COURSES FOR IMPROVEMENT OF OCCUPATIONAL SKILLS FOR JOB MAINTENANCE FOR EMPLOYEES

Article 3. Conditions for support

1. Employers may receive financial support for training and retraining to improve occupational skills qualifications for job maintenance for employees defined in Clause 1, Article 47 of the Law on Employment if they meet the following conditions:

1. Having fully paid unemployment insurance premiums under the provisions of paragraph 2 of Article 44 of the Law on Employment for at least full 12 consecutive months by the time of request for support for training and retraining to improve occupational skills qualifications for job maintenance for the workers if the employers have paid the unemployment insurance premiums for that month.

2. Meeting difficulties due to economic recession or other force majeure causes, forcing them to undergo restructuring or change production and business technologies resulting in risk of reduction of the number of current employees of at least 30% or 50 or more employees for the employers who employ 300 or fewer employees and of at least 100 or more employees for the employers who employ more than 300 employees, not including workers concluding contract working less than 03 months.

The force majeure shall include: Fires, floods, earthquakes, tsunamis, enemy-inflicted destruction, epidemic diseases damaging partly or wholly facilities, equipment, machinery, factory certified by the Chairman of the People's Committees at district level at the place of damage.

3. Lacking funds for organizing training and retraining to improve occupational skills qualifications for workers determined through production, business reports of the loss year before the support proposal certified by the tax authorities.

4. Having a plan on training and retraining to improve occupational skills qualifications for job maintenance, approved by a competent state agency.

Article 4. Support

1. The financial support for training courses, refresher courses for improvement of occupational skills shall be maximum 01 million / person / month. The specific support level shall be depended on month, the actual study time of each job or each course but it shall not be more than 06 months.

If vocational courses are not in a full month, it shall be calculated according to the principle: Less than 15 days shall be a half of month, 15 days or more shall be 01 month to determine the level of financial support of training, retraining to improve their occupational skill qualification for job maintenance for workers.

2. With regard to training courses, refresher courses for improvement of occupational skills of which expense is higher than the support fund as specified in paragraph 1 of this Article, the expense which is higher than the support fund shall be paid by employers.

Chapter III

UNEMPLOYMENT INSURANCE FUND

Article 5. Sources of Unemployment Insurance Fund

1. Contributions and support as defined in Paragraph 1, Article 57 of the Law on Employment.

2. Profits from the unemployment insurance Fund’s investment activities;

3. Other lawful revenues, including:

a) Interest for late payment of unemployment insurance as prescribed;

b) Other lawful revenues as prescribed by law

Article 6. Payment method and source of unemployment insurance premiums from employers

1. Every month, employers shall pay unemployment insurance premiums under the provisions of Point b, Clause 1, Article 57 of the Law on Employment and deduct salary of each employee at the rate specified in clause 1 of Article 57 of the Law on Employment to pay at the same time to the unemployment insurance fund

2. Payment sources of unemployment insurance premium at the rate stipulated in Point b, Clause 1, Article 57 of the Law on Employment of the employer shall be as follows:

a) If employers being agencies, units, organizations are covered all expenses of regular activities by the state budget, the state budget shall cover full unemployment insurance premiums and be arranged in estimates of annual recurrent expenditure of agencies, units and organizations under the provisions of the legislation on decentralization of the state budget.

b) If employers being agencies, units, organizations are covered a part of expenses of regular activities by the state budget, the state budget shall cover full unemployment insurance premiums for persons receiving salary from the State budget and be arranged in estimates of annual recurrent expenditure of agencies, units and organizations under the provisions of the legislation on decentralization of the state budget. Employers shall self-pay the remaining unemployment insurance premium under the provisions of c and d of this paragraph.

c) If employers being enterprises, units and organizations have production, sales and service, the unemployment insurance premiums shall be accounted for in the cost of production, business and services in the period.

d) If employers are agencies, units and other organizations, the unemployment insurance premiums shall be included in operations funds of agencies, units and organizations in accordance with law.

Article 7. Support from the state budget

1. The State budget shall support unemployment insurance Fund in accordance with the principles of maintaining the annual fund balance with 02 times of the total expenditures for unemployment insurance benefits and costs of administrative expenditures of unemployment insurance of the preceding year, but the maximum support is 1% of month salary fund paid for unemployment insurance of the employees participating in unemployment insurance.

2. Transfer method of supportive budget from the State budget to unemployment insurance Fund:

a) In the fourth quarter of each year, Vietnam Social Insurance shall base on estimates of revenues and expenditures for unemployment insurance assigned in year by competent authorities in order to determine the funding for unemployment insurance fund in the previous year according to the provisions of paragraph 1 of this Article, and report to the Ministry of Finance to transfer once to the unemployment insurance fund;

b) Within 10 working days from receipt of the statement of revenues and expenditures for unemployment insurance of the previous year of the Vietnam Social Insurance approved by management board of Vietnam Social Insurance, The Ministry of Finance shall verify and determine the supportive funding for unemployment insurance of the previous year. If the funding of the Ministry of Finance allocated under the provisions of point a, this paragraph is larger than the support funding as defined in Paragraph 1 of this Article, Vietnam Social Insurance shall pay to the state budget the difference; if the allocated fund is smaller than the support fund, the Ministry of Finance shall report to competent authorities for approval of the additional support level for the next year.

3. Supportive budget source for Unemployment Insurance Fund under the provisions of this Article covered by the central budget from social security expenditure source decided by the National Assembly.

Article 8. Administrative expense of unemployment insurance

1. Content and administrative expense level of unemployment insurance shall comply with the provisions of the Law on Social Insurance and the provisions of the legislation on financial management for the Vietnam Social Insurance.

2. Annual administrative expense of unemployment insurance shall be allocated and estimated as follows:

a) Vietnam social insurance shall fulfilled tasks of collection and expenditure, management and use of the unemployment insurance fund;

b) The Ministry of Labor, War Invalids and Social Affairs shall receive application for unemployment benefits, settle the unemployment insurance benefits and the tasks related to unemployment insurance;

c) Social insurance organizations of the Ministry of National Defense, social insurance organizations of ON PEOPLE’S PUBLIC SECURITY FORCES shall collect unemployment insurance.

3. Transfer method of management fund for unemployment insurance :<0}

Based on cost estimates for unemployment insurance management allocated by the Prime Minister, Vietnam Social Insurance shall transfer funds to the Ministry of Labor, War Invalids and Social Affairs, the social insurance of the Ministry of National Defense, the social insurance of on people’s public security forces quarterly on the day before10th of the first month of the quarter, the amount transferred each time shall be the average of a quarter of the allocated estimates. If on January 10, competent authorities have not allocated the estimates, Vietnam Social Insurance shall advance with the average amount of one quarter of allocated estimate of the previous year; such advance shall be deducted from the year funds in accordance with the allocated estimates.

Article 9. Investment from unemployment insurance Fund 

1. Vietnam social insurance shall be responsible for implementing measures to preserve and increase the unemployment insurance fund from the temporarily idle amount. Investment from the unemployment insurance fund must ensure safety, efficiency and be recoverable when needed.

2. Management board of Vietnam social insurance shall decide the investment under the forms specified in paragraph 2 of Article 59 of the Law on Employment.

3. Profits from investments, growth of unemployment insurance fund each year shall be added to the unemployment insurance fund.

Article 10. Financial plans, management, use and settlement

1. Each year, the specified time for establishing state budget estimates, agencies and organizations involved shall make plan for revenues and expenditures for unemployment insurance and the administrative expense for unemployment insurance and submit to Vietnam Social Insurance as follows:

a) Social insurance in central-affiliated cities and provinces shall make plan for revenues and expenditures for unemployment insurance and administrative expense for unemployment insurance;

b) Social insurance of the Ministry of National Defense, social insurance of on people’s public security forces shall make plan for collection of unemployment insurance and administrative expense for unemployment insurance in the Ministry of National Defense, the Ministry of Public Security;

c) The Ministry of Labor, War Invalids and Social Affairs shall make plan for administrative expense of unemployment insurance for units in Labor, War Invalids and Social Affairs sector - Invalids assigned tasks of unemployment insurance.

2. Vietnam social insurance shall summarize estimates of revenues and expenses on unemployment insurance benefits, annual administrative expense of unemployment insurance request the management board of Vietnam social insurance for approval and submit to the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs.

The Ministry of Finance shall take charge and cooperate with the Ministry of Labor, War Invalids and Social Affairs to consider, summarize and request the Prime Minister for decision on annual financial plans allocation.

3. Within 15 days from the date of receipt of the Decision of estimates allocation of the Prime Minister, Vietnam Social Insurance shall complete allocating estimates of revenues and expenditures for the units under, social insurance of the Ministry of National Defense , social insurance of ON PEOPLE’S PUBLIC SECURITY FORCES and the Ministry of Labor, War Invalids and Social Affairs.

The Ministry of Labor, War Invalids and Social Affairs shall allocate administrative expense of unemployment insurance to units in Labor, War Invalids and Social Affairs sector - Invalids assigned tasks of unemployment insurance.

4. The units assigned plans for revenue and expenditure from the unemployment insurance fund shall be responsible for the management, use and settlement reports to submit to Vietnam Social Insurance to verify and summarize to request the management board of Vietnam social insurance for approval.

Chapter IV

IMPLEMENTATION ORGANIZATIONS OF UNEMPLOYMENT INSURANCE

Section 1: UNEMPLOYMENT INSURANCE PARTICIPATION AND PREMIUM PAYMENT

Article 11. unemployment insurance participation

1. Application for unemployment insurance shall be application for compulsory social insurance, including the specific content of unemployment insurance participation.

2. Employers shall make and submit application for unemployment insurance of employees to social insurance organizations within 30 days from the date labor contract or employment contract of the employees take effect.

If employees have concluded a labor contract under seasonal work or under a certain job from 03 full months to less than 12 full months before January 01, 2015 and 01 are carrying out such labor contract, employers must pay unemployment insurance for such employees in case the contract term is in at least 03 months.

If employees conclude many labor contracts as defined in Paragraph 1, Article 43 of the Law on Employment and are participating in unemployment insurance under the first effective concluded labor contract, upon termination or change of contract workers resulting ineligibility for unemployment insurance of the employees, the employees and the employers under unemployment insurance participation of the next effective concluded labor contracts shall be responsible for participation in unemployment insurance as prescribed by law.

If employees take the unpaid maternity leave or sick leave for 14 working days or more, receiving social insurance allowance, employees postpone labor contract or working contract concluded in accordance with the law; such employees are not eligible for unemployment insurance during this period.

Article 12. unemployment insurance premium payment

1. The payment time of unemployment insurance premium of employers and employees shall be the payment time of compulsory social insurance.

2. Employees who are paying unemployment insurance premium shall be employees with the month preceding the date of termination of labor contracts or working contract paid unemployment insurance and certified by social insurance organizations  Preceding months shall include the following time:

a) The employees with the month preceding the date of termination of the labor contract or working contract take unpaid maternity or sick leave for 14 working days or more, receiving the allowance of social insurance;

b) The employees with the month preceding the date of termination of the labor contract or working contract temporarily suspend the concluded labor contract or working contract were under the provisions of law without receiving monthly salary at the unit.

3. Payment month of unemployment insurance premium of employees shall be included if the employers and the employees have carried put the labor contract or working contract and have paid the unemployment insurance contribution premium.

Article 13. Record of payment of unemployment insurance premium, receipt of unemployment insurance allowance

1. Records of payment of unemployment insurance premium, receipt of unemployment insurance allowance of employees under the provisions of this Decree shall be social insurance books.

2. Vietnam social insurance shall issue the form of social insurance books.

Section 2: JOB CONSULTANCY, PLACEMENT

Article 14. Job consultancy, placement

1. Employees under the provisions in Clause 1, Article 43 of the Law on Employment who are participating in unemployment insurance but their labor contracts or working contract is terminated shall be counseled and place job for free through employment service center.

2. Funding for job consultancy and placement of employment service center shall be allocated according to the number of people applying for unemployment benefits of the preceding year and made settlement as prescribed on the basis of the actual number of people applying for unemployment benefits.

3. Fee for job consultancy and placement shall comply with the legislation on fees.

Article 15: job consultancy, placement

1. Employees shall record all information in job consultancy and placement sheet in the form defined  by the Minister of Labor, War Invalids and Social Affairs and submit directly to the employment service center.

2. Employment service center shall consult, place jobs on the basis of demand, ability of employees and needs of the labor market.

3. Employment service center shall arrange staff and facilities to consult and place jobs.

Section 3. UNEMPLOYMENT BENEFIT

Article 16. Application for unemployment benefit

1. A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.

2. An original or certified true copy of one of the following documents certifying the termination of the labor contract or working contract:

The labor contract or working contract expired or terminated under its term;

b) The resignation decision;

c) The dismission decision;

d) Disciplinary decisions on dismissal;

dd) The written notice or agreement of termination of the labor contract or working contract.

If employees participate in unemployment insurance under the provisions of Point c, Paragraph 1 of Article 43 of the Law on Employment, the documents certifying the termination of the labor contract under seasonal work or under a certain job from full 03 months to less than 12 months shall be the original or certified true copy of such contract.

3. Social insurance books

social insurance organizations shall certify the premium payment of unemployment insurance and return the social insurance book to employees within 05 working days from receipt of the request of the employers.

Employers being agencies, units and enterprises of the Ministry of National Defense, the Ministry of Public Security shall, within 30 days, social insurance of the Ministry of National Defense , social insurance of the people’s public security forces shall certify the premium payment of unemployment insurance and return the social insurance book to employees from the date of receipt of the request of the employers.

Article 17. Submission of application for unemployment benefit

1. Within 03 months from the date of termination of labor contract or working contract, employees who have no jobs and need unemployment benefit shall directly submit 01 application for unemployment benefits in accordance with the provisions of Article 16 of this Decree to employment service center in the locality where employees want to receive unemployment benefits.

2. Employees are entitled to authorize another person to submit the application by post in one of the following cases:

a) Sickness, Maternity certified by a competent medical facility;

b) Accident certified by traffic policemen or competent medical facilities;

c) Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.<0}

Submission date of application for unemployment benefits in the above cases shall be the date the authorized person directly submit the application or the date of the postmark in case of submission by post

3. Employment service centers shall receive, inspect the applications, record the appointment paper of reply in the form defined by the Minister of Labor, War Invalids and Social Affairs and give it directly to the applicants application or sent by post to the applicants submitting the application by post; if the applications are not in accordance with the provisions of Article 16 of this Decree, employment service centers shall return to the applicants and state clearly the reason.

Article 18. Settlement of unemployment benefits

1. Employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on unemployment benefits of employees within 20 working days from receipt of a satisfactory application in accordance with regulations, if the application is submitted by post, the date of receipt shall be the date stamped on the postmark.

If employees have not found jobs within 15 working days from the date of submission of application for unemployment benefits decided on unemployment benefit by the Director of the Services of Labour, War Invalids and Social Affairs, the employment service centers shall certify the settlement of unemployment benefits of employees in the social insurance boos and return to the employees along with the decision of unemployment benefits after snapping the social insurance books for records.

The time of unemployment benefits of employees shall be calculated from the 16th working day from the date of submission of the application for unemployment benefits.

Decision on unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance in central-affiliated cities and provinces (hereinafter referred to as provincial social Insurance) to pay unemployment benefits and grant health insurance cards for employees; 01shall be sent to employees who are entitled to unemployment benefits. Decision on unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

If employees are not entitled to unemployment benefits, the employment service center must notify in writing and clearly state the reasons.

2. Payment of unemployment benefit

a) Social insurance organization shall pay unemployment benefit for the first month of the employees within 05 working days from receipt of the decision of unemployment benefits;

b) Social insurance organizations shall pay unemployment benefit for the employees from the second unemployment benefit month onwards within 05 working days from the 07th day of the month of unemployment benefit if they do not receive a decision of suspension or termination of unemployment benefit for the employees. If the above 07th day is a holiday, the payment deadline of unemployment benefits shall be the next working day.

3. Within 02 working days from the date of the appoinment paper of reply, if the employee does not receive the decision on the unemployment benefit, he/she shall be deemed to have no need for unemployment benefits except for cases specified in paragraph 4 of this Article. Within 07 working days from the date the employee does not receive the decision of the unemployment benefit as prescribed, the employment service center shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on cancellation of the decision of  unemployment benefits of the employees.

Decision on cancellation of the decision of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order not to pay unemployment benefits for employees ; 01shall be sent to employees. Decision on cancellation of decision of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

4. Within 02 working days from the date of expiration of receipt of the decision of unemployment benefits, the employees are still entitled to receive or authorize others to receive the decision if they are in one of the following cases :

a) Sickness,  Maternity certified by competent medical facility;

b) Accident certified by traffic policemen or competent medical facilities;

c) Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.

5. Time for payment of unemployment insurance premium of employees in case of cancellation of decision of unemployment benefits referred to in paragraph 3 of this Article shall be accumulated under the provisions of Paragraph 1, Article 45 of the Law on Employment for the next receipt of unemployment benefit.

6. Within 03 months from the date of expiry of unemployment benefit of the employees under the decision of unemployment benefits, but the employees do not receive unemployment allowance and notify in writing to the social insurance organization where they are receiving  unemployment allowance, such employees shall be determined to have no need for unemployment benefits. Time of payment of unemployment insurance premium corresponding to the unemployment allowance that the employees do not to get shall be stored as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.

Within 07 working days after the above duration, the social insurance organizations must notify in writing to the employment service center where the employees are receiving unemployment benefits about their failure to receive unemployment allowance. Notification of failure to receive unemployment allowance shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.

Within 10 working days from receipt of the notice of the social insurance organization, employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on reservation of the period of premium payment of unemployment insurance for employees.

Decision on reservation of period of payment of unemployment insurance premiums shall be sent by employment service center as follows : 01 shall be sent to the provincial Social Insurance to reserve the period of payment of unemployment insurance premium for the employees; 01shall be sent to employees. Decision on preservation of period of payment of unemployment benefit premium shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

7. Period of receipt of unemployment benefits shall be calculated based on months of payment of unemployment insurance premiums as defined in paragraph 2 of Article 50 of the Law on Employment. Employees who have paid unemployment insurance over 36 months, the months that have not settled the unemployment benefits shall be reserved as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.

Article 19. Temporary suspension of unemployment benefits

1. Employees who are unemployment benefits must notify about finding employment under the provisions of Article 52 of the Law on Employment.

2. Within 02 working days from the date the employees do not notify about finding employment monthly as prescribed, employment service center where the employees are receiving unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the temporary suspension of unemployment benefits of the  employees.

Decision on temporary suspension of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to temporarily suspend the unemployment benefits for employees ; 01shall be sent to employees. Decision on temporary suspension of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

Article 20. Continuation of unemployment benefits

1. If employees temporarily suspended unemployment benefits under the provisions of Paragraph 1 of Article 53 of the Law on Employment are still in time of unemployment benefits in accordance with the decision of the Director of the Services of Labour, War Invalids and Social Affairs but continue to make notification  about finding jobs every month as prescribed, within 02 working days from the date the employees notify about finding employment, employment service center shall request to the Director of the Services of Labour, War Invalids and Social Affairs for decision on the continuation of unemployment benefits for the employees

Decision on continuation of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to continue to pay unemployment benefits for employees ; 01shall be sent to employees. Decision on continuation of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

2. In the suspension period of unemployment benefits, the employees are not entitled to unemployment benefits.

Article 21. Termination of unemployment benefits

1. The cases employees who are entitled to unemployment benefits are terminated their unemployment benefits shall be defined as follows:

a) The duration of unemployment benefits is expired in accordance with the decision of unemployment benefits to employees;

b) Employees are having a job

The employees shall be determined to be employed in one of the following cases:

- Employees have concluded the labor contract or working contract for 03 full months or more. The date on which the employees are defined to have a job shall be the date their labor contract or working contract takes effect as prescribed by law;

- Entities who do not conclude the contract labor or working contract have hiring decisions. The date on which the employees are defined to have a job shall be the beginning date of job recorded in hiring decisions;

- Employees shall notify about getting a job to employee service center in the form defined by the Minister of Labor, War Invalids and Social Affairs and submit directly to the employment service center. The date on which the employees are defined to have a job shall be the date stated in the notice of employment of the employees.

c) Employees fulfill military service, police duty

The date on which the employees are defined to fulfill military service, police duty shall be the date employees join the army.

d) Employees receive a monthly pension

The date on which the employees are defined shall be the first day of retirement pension stated in the decision on monthly pension of the competent authority.

dd) After 02 times the employees refuse the jobs placed by the employment service center where they are receiving unemployment benefits without a plausible reason.

Employees who are entitled to unemployment benefits refusing the job in one of the following cases shall be determined to have no plausible reason:

- Jobs matching trained occupations and qualifications of the employees;

- Jobs that the employees have worked.

e) During the period of unemployment benefits, employees do not notify monthly about finding a job to the employment service center for 03 consecutive months as prescribed ;

g) Employees go abroad to settle, to work with a term overseas under a contract

The date on which the employees are determined to settle abroad, to work with a term overseas under a contract shall be the date the employees exit as prescribed by legislation on entry and exit.

h) Employees study for a period of 12 full months or more

The date on which the employees are determined to study with duration of 12 months or more shall be the date of admission recorded in the notice of admission to domestic study. In case of abroad study, the date on which the employees are determined to study with duration of 12 months or more shall be the exit date as prescribed by legislation on entry and exit.

i) Employees are penalized for administrative violations due to violations of legislation on unemployment insurance

The date on which the employee is determined to be penalized for the above administrative violations shall be the date the employees are penalized by the decision of the competent authority.

k) Employees die

The date on which the employees are identified to be dead shall be the date of the death certificate.

l) Employees are abiding the decision on application of measures of taking to reform schools, compulsory detoxification centers

The date on which the employees are determined to abide the decision on application of measures of taking to reform school, compulsory detoxification centers shall be the starting date of administrative handling measures recorded in decisions of the competent authority.

m) Employees are declared to be missing by the court

The date on which the employees are missing shall be identified in the court's decision.

n) Employees are detained, serving the prison sentence

The date on which the employees are determined to be detained or to serve a prison sentence shall be the starting date of implementation of the decision of detention, imprisonment of the competent authority.

2. Within 03 working days from the date of termination of unemployment benefits under the provisions of the points b, c, d, g and h, Clause 1 of this Article, the employees must notify in writing the employment service center where they are receiving the unemployment benefits in the form defined by the Minister of Labor, War Invalids and Social Affairs and enclose the documents relating to the termination of unemployment benefits (snapshot), in case of submission by post, it shall be the date of the postmark.

3. For employees who are entitled to unemployment benefits but terminated unemployment benefits in the cases specified at Points b, c, d, dd, e, g, h, i, k, l, m and n Paragraph 1 of this Article, the employment service center jobs where the employees are entitled to unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the termination of unemployment benefits to employees.

Decision on determination of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to terminate the unemployment benefits for employees ; 01shall be sent to employees. Decision on termination of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs

4. The employees who are entitled to unemployment benefits and terminated unemployment benefits on the dates of the month of unemployment benefits, the employees shall still receive unemployment benefits for the whole month.  

5. The employees who are terminated unemployment benefits under the circumstances specified in points b, c, h, l, m and n Paragraph 1 of this Article, the period of unemployment insurance premium payment corresponding to the remaining time when the employees have not received unemployment benefits shall be reserved as a basis for calculating the time of unemployment benefits for the next unemployment benefit receipt when they are eligible for unemployment benefits under the provisions.

Reserved time shall be calculated by the total period of unemployment insurance premiums paid subtracting the time of unemployment benefits received under the principle of each month of unemployment benefit receipt corresponding to 12 months of paying unemployment insurance premium.

Article 22. Transfer of unemployment benefits

1. Employees who have received at least 01 month of unemployment allowance as prescribed and need to transfer the unemployment benefits to central-affiliated cities and provinces must request in writing to transfer the unemployment benefit in the form defined by the Minister of Labor, War Invalids and Social Affairs and submit to the employment service center where they are receiving the unemployment benefits.

2. Within 03 working days from receipt of the request of the employees, the employment service centers shall provide the transfer application of unemployment benefits for the employees and submit the letter of introduction of transfer of unemployment benefits to the employment service center to which the employees transfer in the form prescribed by the Minister of Labor, War Invalids and Social Affairs. Transfer application of unemployment benefits shall include:

a) A written form of transfer unemployment benefit of the employees;

b) A letter of introduction of transfer of unemployment benefit;

c) A snapshot of the decision on unemployment benefits;

d) A snapshot of the decision on vocational training support, decision on temporary suspension of unemployment benefits, decision on continuation of unemployment benefits (if any);

dd) A snapshot of the notice of finding monthly job (if any), and other papers in application for unemployment benefits.

3. Upon receipt of the application for transfer of unemployment benefits, the employee shall return the health insurance card to the social insurance organization which is paying the unemployment allowance to the employee.

4. Within 02 working days from the date of provision of application for transfer of unemployment benefits for the employees under the provisions of paragraph 2 of this Article, the employment service center from which the employees transfer shall submit the notice on transfer of unemployment benefit to the provincial Social Insurance to stop paying unemployment benefits in the form defined by the Minister of Labor, War Invalids and Social Affairs.

5. Within 10 working days from the date the employees receive the application for transfer of unemployment benefits, the employees must submit the application for transfer of unemployment benefits to the employee service centers where they transfer to except cases provided for in paragraph 6 of this Article.

From the date the employees receive the application for transfer of unemployment benefits, the employees shall exercise their rights and responsibilities while receiving unemployment benefits in accordance with the law.

6. Employees shall submit the application for transfer of unemployment benefits beyond the time limit prescribed in paragraph 5 of this Article, but within 07 working days from the date of expiration of transfer of unemployment benefits if they are in one in the following cases:

a) Sickness,  Maternity certified by competent medical facility;

b) Accident certified by traffic policemen or competent medical facilities;

c) Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.

7. Within 03 working days from receipt of the application for transfer of unemployment benefits submitted by the employees, the employment service centers shall submit a written request for permission for social insurance at province level to which the employees transfer to continue paying unemployment benefits and issue the health insurance cards for employees enclosed with the decision snapshot of unemployment benefits of the employees. The written request for permission of the provincial social insurance shall be in the form defined by the Minister of Labor, War Invalids and Social Affairs .

8. Organizations of Social Insurance to which the employees transfer and receive unemployment benefits shall make payment the unemployment allowance and issue the medical insurance for the employees as prescribed in law.

Article 23. Issuance and revocation of health insurance card

1. Issuance of health insurance card

Based on the decision of unemployment benefits, the social insurance organization shall issue the health insurance card for employees.

2. Revocation of health insurance card

If employees are entitled to unemployment benefits every month and terminated unemployment benefits, the employees shall not be entitled to health insurance and must return the health insurance card for the social insurance organization under the guidance of Vietnam Social Insurance.

Section 4: VOCATIONAL TRAINING SUPPORT

Article 24. Application for vocational training support

1. Application for vocational training support for employees receiving unemployment benefits shall include:

A written request for vocational training support in the form defined by the Minister of Labor, War Invalids and Social Affairs .

2. Application for vocational training support for unemployed workers who have paid unemployment insurance premiums for 09 full months, but are not eligible for unemployment benefits shall include :

a) A written request for vocational training support as specified in paragraph 1 of this Article;

b) An original or certified true copy of one of the papers prescribed in Clause 2, Article 16 of this Decree;

c) Social insurance books.

Article 25. Settlement of vocational training support

1. The employees meeting the conditions prescribed in Article 55 of the Law on Employment having a need for vocational training shall be supported 01 time to study 01 vocation at the training institution in accordance with the law on vocational training (hereinafter referred to as vocational training institutions). Methods of funding for vocational training shall be employed through vocational training institutions.

2. Employees having needs for vocational training must submit 01 set of application for vocational training support to the employment service centers.

a) Application for vocational training support as defined in Paragraph 1 of Article 24 of this Decree shall be submitted to the employment service center where the employees are entitled to unemployment benefits;

b) Application for vocational training support as defined in Paragraph 2 of Article 24 of this Decree shall be submitted to the employment service center at the locality of the employees having needs for vocational training ;

3. The employment service center shall inspect the application for vocational training support and give the appointment paper of reply to employees in the form defined by the Minister of Labor, War Invalids and Social Affairs .

4. Within 15 working days from the date of receipt of a satisfactory application for vocational training support, the employment service center shall inspect and request the Director of the Services of Labour, War Invalids and Social Affairs for decision on supporting vocational training for the employees.

Decision on vocational training support shall be sent by the employment service center as follows : 01 shall be sent to the vocational training institutions to conduct training for employees; 01 shall be sent to the employees Decision on the vocational training support in the form set by the Minister of Labor, War Invalids and Social Affairs. If the employees are not supported for vocational training, the employment service centers must make a reply in writing and clearly state the reasons.

For unemployed persons specified in paragraph 2 of Article 24 of this Decree settled the vocational training support, the employment service center shall certify that vocational training support has been settled in social insurance books and snap 01 to store.

If the employee’s unemployment benefits have expires but he/she still continues the vocational training or prepares to participate in vocational training under the decision of the Director of the Services of Labour, War Invalids and Social Affairs, they shall be supported for vocational training until the period of vocational training is expired.

5. Vocational training facility shall organize training for employees as decided by the Director of the Services of Labour, War Invalids and Social Affairs and shall make a list signed by the vocational trained employees and submit to social insurance organizations for make settlement the supportive budget for vocational training as prescribed.

Section 5: SUPPORT FOR  TRAINING COURSES, REFRESHER COURSES FOR IMPROVEMENT OF OCCUPATIONAL SKILLS FOR JOB MAINTENANCE FOR EMPLOYEES

Article 26. Application for support

1. A written request for funding for training courses, refresher courses for improvement of occupational skills for job maintenance for employees shall include the following basic content: Lines or fields of manufacturing, business; production and trading; number of employees at the time of requesting for support; difficulties, causes of structural changes or technology of manufacturing, business; risk of reduction of the number of employees; funding needs for training courses, refresher courses for improvement of occupational skills for employees ; organizational commitment of training courses, refresher courses for improvement of occupational skills and use employees in accordance with the approved plans.

2. A project of change of the structure or production , business  technologies approved by the competent authorities.

3. A plan for training and retraining to improve occupational skills qualifications for job maintenance as specified in paragraph 4 of Article 3 of this Decree.

4. Proofs of insufficiency of funds to organize support for  training courses, refresher courses for improvement of occupational skills for employees under the provisions of paragraph 3 of Article 3 of this Decree.

5. A written confirmation of the social insurance institutions where the employers pay unemployment insurance premiums for employees under the provisions of Paragraph 1 of Article 3 of this Decree. The  Minister of Labour – War Invalids and Social Affairs shall provide guidance on Paragraph 1 and Paragraph 3 of this Article

Article 27. Settlement of funding for training courses, refresher courses for improvement of occupational skills for job maintenance for employees 

1. Employers having needs for support for  training courses, refresher courses for improvement of occupational skills for employees must submit the application in accordance with the provisions of Article 26 of this Decree to the Services of Labour, War Invalids and Social Affairs at its headquarters for verification.

2. Within 30 days of receipt of a satisfactory application of the employers under the regulations, the services of labour, war invalids and social affairs shall verify and approve the plan for training and retraining to improve occupational skills qualifications for job maintenance; take charge and cooperate with the service of finance and related units, agencies to verify the application for support for support for  training courses, refresher courses for improvement of occupational skills as prescribed in article 3 of this decree and request the president of the people’s committee in central-affiliated cities and provinces (hereinafter referred to as the presidents of the provincial people’s committees) for consideration and decision on support funding for training courses, refresher courses for improvement of occupational skills for job maintenance for employees  .

If the Services of Labour, War Invalids and Social Affairs do not support funding, they must make a reply in writing and clearly state the reasons for the employers.

Decisions on support funding for training courses, refresher courses for improvement of occupational skills for job maintenance for employees shall be sent by the Services of Labour, War Invalids and Social Affairs as follows : 01 shall be sent to the social insurance at province level to pay supportive budget; 01 shall be sent to the Ministry of Labor, War Invalids and Social Affairs to report; 01 service centers to work; 01 shall be sent to the employers to implement and 01shall be sent to vocational training institutions for employees in case the employers do not directly train. Decisions on support funding for support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.

3. Social insurance organization shall advance 50% of the supportive budget for support for  training courses, refresher courses for improvement of occupational skills for job maintenance for employees in accordance with the decision of the presidents of the provincial people’s committees within 05 working days from receipt of the decision of the presidents of the provincial people’s committees  and make settlement as prescribed on the actual basis of implementation of the plan for training courses, refresher courses for improvement of occupational skills .

Article 28. Implementation of support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees

1. Employers shall organize training or cooperate with vocational training institutions, employment service centers to organize training courses, refresher courses for improvement of occupational skills for employees under the decision on support of Presidents of the provincial People’s Committees and ensure job maintenance for employees.

2. Employers shall conduct or cooperate with vocational training institutions to conduct training courses, refresher courses for improvement of occupational skills for job maintenance for employees under the approved plan.

3. Services of Labour, War Invalids and Social Affairs shall monitor the implementation of support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees under the decision on support of Presidents of the provincial People’s Committees

Chapter V

RIGHTS AND RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS, EMPLOYMENT SERVICE CENTER, SERVICES OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS, SOCIAL INSURANCE ORGANIZATIONS

Article 29. Rights of employees

1. Receive social insurance book fully certified on unemployment insurance premium payment upon termination of the labor contract or working contract.

2. Be entitled to unemployment insurance under the provisions of Article 42 of the Law on Employment.

3. Authorize another person to submit the application for unemployment benefits under the provisions of paragraph 2 of Article 17, receive the decision on receipt of unemployment benefits under the provisions of paragraph 3 of Article 18 of this Decree.

4. Request the employer to provide information about unemployment insurance premium payment; request the employment service center, social insurance institutions to provide information relating to unemployment insurance.

5. Complain, denounce about unemployment insurance as prescribed by law.

6. Other rights prescribed by law.

Article 30. Obligations of employees

1. Pay unemployment insurance premium fully and correctly in accordance with the provisions of Point a, Clause 1, Article 57 of the Law on Employment.

2. Implement the regulations on participation in unemployment insurance.

3. Store, use social insurance books, health insurance cards as prescribed

4. Employees who concluding many labor contracts upon termination of labor contracts which they are participating in unemployment insurance must notify the next employers to continue to participate in unemployment insurance as prescribed.

5. Submit application for unemployment benefits, vocational training support as specified in the employment service center when needed.

6. Notify monthly the employment service center on finding a job while receiving unemployment benefits in accordance with regulations.

7. Get a job or participate in appropriate vocational courses when the employment service centers introduce during period of unemployment benefits.

8. Immediately notify the employment service center where the application for unemployment benefit is submitted within 15 working days from the date of submitting the application for unemployment benefits if they find jobs.

9. Get notice about not being entitled to unemployment benefits or not being supported for vocational training, the decision on unemployment benefits, the decision on the cancellation of the decision on unemployment benefits, decisions on support for vocational training, decision on temporary suspension of unemployment benefits, decide on the continuation of unemployment benefits, decide on the termination of unemployment benefits, decision on reserving the period of the unemployment insurance premium payment as prescribed.

10. Notify in accordance with the employment service center in cases of termination of unemployment benefits under the provisions of the points b, c, d, g, h, k and n Paragraph 1 of Article 21 of this Decree.

11. Return the health insurance card for the social insurance organization in cases of termination of unemployment benefits under the provisions of the points b, c, d, e, f, g, h, i, l and n Paragraph 1 of Article 21 of this Decree and in the case of transfer of the unemployment benefits under the provisions of Article 22 of this Decree.

12. Implement fully the provisions of the legislation on unemployment insurance and other provisions of the relevant legislation.

Article 31. Rights of employers

1. Support funding for training courses, refresher courses for improvement of occupational skills for job maintenance for employees as prescribed.

2. Refuse requests which are not prescribed by legislation on unemployment insurance.

3. Complain, denounce unemployment insurance as prescribed by law.

4. Other rights prescribed by law.

Article 32. Responsibilities of employers

1. Take charge and cooperate with Trade Union organizations to inform, propagate, propagate policies and legislation on unemployment insurance.

2. Determine participants of unemployment insurance, carry out the procedures for participation in unemployment insurance, payment of unemployment insurance premiums correctly, fully and promptly as prescribed by law.

3. Preserve application for participation of unemployment insurance of employees during the working time in the unit of the employees. Present the documents, records and provide relevant information as required by the competent State agencies upon inspection of unemployment insurance.

4. Provide information on unemployment insurance payment within 02 working days from the date the employee requests.

5. Provide a copy of the labor contract or working contract or certification of the unilateral termination of the labor contract or working contract for employees at the latest within 02 working days from the date of the employee terminates the labor contracts or working contract. Carry put procedures for certification of unemployment insurance premium payment for the employee for him/her to complete the application for unemployment insurance as prescribed.

6. Notify the employment service center at its head office of the employers when there is a change of employees in the unit under the guidance of the Minister of Labour – War Invalids and Social Affairs. Units under the armed forces, Minister of Labour – War Invalids and Social Affairs shall take charge and cooperate with the Minister of National Defense and the Minister of Public Security for implementation guidance.

7. Report to the Services of Labour, Ward Invalids and Social Affairs on the situation of participation in unemployment insurance in the previous year before January 15 annually.

8. Commence training courses, refresher courses for improvement of occupational skills for job maintenance for employees in accordance with the plan approved by competent agencies.

9. Use the employees who have been attended training course, refresher courses d for improvement of occupational skills according to the approved plans and report the results to the Services of Labour, War Invalids and Social Affairs within 30 days from the end of the training course.

10. Fulfill other responsibilities as prescribed by law.

Article 33. Rights of employment service centers

1. Refuse requests for unemployment insurance benefits which are not prescribed by legislation

2. Petition to competent State agencies for formulation, rectification, modification of regulations, policies, legislation on unemployment insurance and management of the unemployment insurance fund.

3. Petition to competent State agencies for handling of violations of the law on unemployment insurance.

4. Other rights prescribed by law.

Article 34. Responsibilities of employment service centers

1. Inform, propagate policies and legislation on unemployment insurance.

2. Receive application for unemployment benefits and application for support for vocational training, consider and carry out procedures for settlement of unemployment benefits, support for vocational training under the provisions of law.

3. Organize job consultancy, placement and vocational training to employees in accordance with law.

4. Inspect, track and update information of employees related to unemployment insurance benefits.

5. Implement regulations on monthly, quarterly, annual and extraordinary reports to the Ministry of Labour – War Invalids and the Services of Labour, War Invalids and Social Affairs on unemployment insurance under the provisions of law.

6. Provide documents and information relating to unemployment insurance as required by the employees and Trade Union organizations and competent agencies in accordance with law.

7. Store and preserve of dossiers for enjoyment of unemployment insurance indemnities as prescribed by law.

8. Train, retrain to improve occupational skill qualification and application of information technology in the management of unemployment insurance and settlement of enjoyment of unemployment insurance benefits for employments as prescribed.

9. Participate in international cooperation in unemployment insurance

10. Fulfill other responsibilities as prescribed by law.

Article 35. Rights of social insurance institutions

1. Inspect payment of unemployment insurance premium, receipt of unemployment insurance benefits for employees and employers.

2. Refuse requests for payment of unemployment insurance benefits which are not prescribed by legislation

3. Petition to the competent agencies for formulation, rectification, modification of regulations, policies and legislation on unemployment insurance; management and use of the unemployment insurance fund; handle violations of the law on unemployment insurance or petition to competent state agencies to handle violations of the law on unemployment insurance as prescribed by law.

4. Other rights prescribed by law.

Article 36. Responsibilities of social insurance institutions

1. Notify annually to each employee of information on payment of unemployment premium of employees.

2. Propagate regulations, policies, legislation on unemployment insurance; guide procedures for registration of participation and collect unemployment insurance premium for employees, employers under participation in unemployment insurance.

3. Collect unemployment insurance premium

4. Provide information on participation and payment of unemployment insurance premium of employees for employment service centers in administrative division, except for social insurance of the Ministry of National Defense and social insurance of Public Security.

5. Pay unemployment benefits, support for vocational training, support of training courses, refresher courses for improvement of occupational skills for job maintenance for employees.

6. Stop paying unemployment benefits, support for vocational training, support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees and revoke the health insurance cards for persons receiving unemployment benefits when there is a decision of the competent authority.

7. Issue health insurance cards and pay health insurance premiums for persons receiving unemployment benefits in accordance with the law.

8. Manage and use the unemployment insurance funds in accordance with law.

Implement measures to preserve and increase the unemployment insurance fund as prescribed by law.

10. Transfer funds for unemployment insurance management to the Ministry of Labour – War Invalids and Social Affairs as prescribed.

11. Fulfill tasks of statistics, accounting for unemployment insurance.

12. Apply information technology in the management of unemployment insurance; keep records of the participants of unemployment insurance in accordance with the law

13. Provide fully and promptly information on participation, payment of unemployment insurance premiums when employees request

14. Provide documents and information relating to unemployment insurance at the request of competent state agencies.

15. Settle complaints, denunciation on unemployment insurance as prescribed by law.

16. Report to the Ministry of Finance and the Ministry of Labour – War Invalids and Social Affairs on the situation of revenue and expenditure, management and use insurance unemployment funds of the first 6 months of the year and the previous year every 06 months, before July 31 and every year before January 31.

17. Fulfill other responsibilities as prescribed by law.

Article 37. Rights of the Services of Labour, War Invalids and Social Affairs.

1. Issue decisions on enjoyment of unemployment benefits, decision of support for vocational training, the decision on the cancellation of unemployment benefits, decide on the continuation of unemployment benefits, decide on the termination of unemployment benefits, decision on cancellation of decision on unemployment benefit, decision on reserving the period of the unemployment insurance premium payment as prescribed.

2. Verify and approve the plans for training and retraining to improve occupational skills qualifications and job maintenance; verify the application for support, monitor the implementation of support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees as prescribed.

3. Monitor and inspect the implementation of the legislation on unemployment insurance

4. Settle complaints, denunciation on unemployment insurance as prescribed by law.

5. Petition to competent State agencies for formulation, rectification, modification of regulations, policies, legislation on unemployment insurance.

6. Petition to competent State agencies for handling of violations of the law on unemployment insurance.

7. Other rights prescribed by law.

Article 38. Responsibilities of the Services of Labour, War Invalids and Social Affairs.

1. Take charge and cooperate with related agencies to inform, propagate policies and legislation on unemployment insurance.

2. Settle complaints, denunciation of organizations, individuals implementation of regulations on unemployment insurance as prescribed by law.

3. Implement the regulations on every-06-month, every-year and extraordinary report to the Ministry of Labour – War Invalids and Social Affairs, the provincial People's Committee in accordance with the law.

4. Provide documents and information relating to unemployment insurance at the request of competent state agencies.

5. Participate in international cooperation and scientific research on unemployment insurance

6. Fulfill other responsibilities as prescribed by law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 39. Transitional provisions

1. The period that employees have paid unemployment insurance premium under the provisions of the Law on Social Insurance before the Law on Employment take effects but have not enjoyed unemployment benefits shall be the period of payment of unemployment insurance premium as specified in Article 45 of the Law on Employment.

2. The period that employers pay unemployment insurance premium for employees shall be counted to exempt from payment of redundancy pay or severance pay under the provisions of legislation on labor, officers.

3. The time employees actually work under the labor contract, working contract with the employers without paying unemployment insurance premium shall be counted to consider severance allowance, redundancy pay under the provisions of current labor legislation or severance pay as prescribed by legislation on officers.

4. Employees who have submitted the application for unemployment benefit before January 01 , 2015 shall comply with the provisions of the Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance; the Government's Decree No. 100/2012 / ND-CP dated November 21, 2012 amending and supplementing a number of articles of the Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance.

Article 40. implementation

1. The Minister of Labor, War Invalids and Social Affairs shall provide guidance and commence the implementation of this Decree.

2. The Minister of Finance shall be responsible for covering supportive budget for unemployment insurance Fund in accordance with the provisions of Article 7 of this Decree.

3. The Minister of National Defense, the Minister of Public Security shall base on their functions and duties to guide and organize the implementation of this Decree.

4. The other related Ministries within their functions, tasks and powers shall be responsible for implementation of this Decree.

Article 41. Effect

1. This Decree shall take effect from May 01, 2015. The regulations in this Decree shall be implemented from January 01, 2015.

2. The following decrees will expire after the date this Decree takes effect:

The Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance.

b) The Government's Decree No. 100/2012 / ND-CP dated November 21, 2012 amending and supplementing a number of articles of the Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance.

Article 42. Responsibilities for implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies , the President of the People’s Committee in central-affiliated cities and provinces, agencies, organizations, businesses and individuals involved shall be responsible for the implementation of this Decree. /.