THE
GOVERNMENT -------
No.
100/2012/ND-CP
|
SOCIALIST REPUBLIC
OF VIET NAM Independence - Freedom - Happiness --------------
Hanoi,
November 21, 2012
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO.
127/2008/ND-CP, OF DECEMBER 12, 2008 DETAILING AND GUIDING IMPLEMENTATION OF A
NUMBER OF ARTICLES OF THE LAW ON SOCIAL INSURANCE REGARDING UNEMPLOYMENT
INSURANCE
Pursuant
to the Law on Government organization,of December 25, 2001;
Pursuant
to the Labor Code of June 23, 1994; Law on amending and supplementing a number
of articles of the Labor Code of April 02, 2002; Law on amending and
supplementing a number of articles of the Labor Code of June 29, 2006;
Pursuant
to the Law on Social insurance, of June 29, 2006;
At the
proposal of Minister of Labor, War Invalids and Social Affairs;
The
Government promulgates Decree amending and supplementing a number of articles
of the Government’s Decree No. 127/2008/ND-CP, of December 12, 2008 detailing
and guiding implementation of a number of articles of the Law on social
insurance regarding unemployment insurance.
Article
1. To amend and supplement a number of articles of the Government’s Decree
No. 127/2008/ND-CP, of December 12, 2008 detailing and guiding implementation
of a number of articles of the Law on social insurance regarding unemployment
insurance as follows:
1. To amend
and supplement point d, clause 1 Article 2 as follows:
“d)
Working contracts of indefinite term.”
2. To
supplement clause 3 Article 2 as follows:
“Laborers
being on leave for enjoying the maternity or sickness regime for from 14
working days or more in a month, not enjoyed monthly salaries, ways at units
and enjoyed social insurance allowances; laborers temperately postpone
performance of concluded labor contracts or working contracts as prescribed by
law, so in this duration, such laborers are not subject to participate in
unemployment insurance”
3. To
amend clause 3 and supplement clause 7, clause 8, Article 8 as follows:
“3. To
keep and use social insurance books during unemployment duration.”
“7. To
receive notification on not being enjoyed unemployment allowances, decisions on
enjoying unemployment allowances, decisions on enjoying lump-sum allowances,
decisions on supporting vocational learning, decisions on temperately stop
enjoying unemployment allowances, decisions on continuing to enjoy unemployment
allowances, decisions on termination of enjoying unemployment allowances
as guided by the Ministry of Labor, War Invalids and Social Affairs.
8. To
implement fully provisions of law on unemployment insurance and implement other
provisions of law.”
4. To
amend and supplement Article 10 as follows:
“Article
10. Unemployment insurance-related responsibilities of employers under Article
18 of the Social Insurance Law
1. To
define subjects participating in unemployment insurance and implement
procedures, orders of participation in unemployment insurance as prescribed by
law.
2. To
notify with labor agencies when having changes on laborers working in their
units under guides of the Ministry of Labor, War Invalids and Social Affairs.
For units of armed forces, the Ministry of Labor, War Invalids and Social
Affairs shall assume the prime responsibility for, and coordinate with the
Ministry of Public Security and the Ministry of National Defense to guide for
implementation.
3. To
timely, fully and properly pay unemployment insurance premiums as prescribed by
law.
4. To
preserve unemployment insurance dossiers of laborers and of employers during
the time laborers work for them.
5. To
produce documents and dossiers and supply relevant information at the request of
competent state agencies upon unemployment insurance examination or inspection.
6. To
supply information on payment of unemployment insurance premiums of a
laborer for him/her within 02 days (calculated by working days), after being
requested by him/her.
7. To
supply documents as prescribed in clause 2 Article 37 of this Decree for
laborers in order to complete dossiers enjoying unemployment insurance indemnities.
8. To
implement other responsibilities as prescribed by law.”
5. To
amend and supplement Article 15 as follows:
“Article
15. Conditions for entitlement to unemployment insurance indemnities under
Article 81 of the Social Insurance Law
An
unemployed person being pay unemployment insurance premiums but lost
job or ended labor contracts or working contracts is entitled to enjoy
unemployment insurance indemnities when having sufficiently the
following conditions:
1.
Having paid unemployment insurance premiums for full twelve months or more
within twenty four months before losing a job or terminating a labor contract
or working contract as prescribed by law.
It is
permitted to calculate month paying unemployment insurance premiums of a
laborer if employer and laborer paid unemployment insurance premiums, laborer
implemented labor contract or working contract for at least a day in that
month.
2.
Having registered unemployment with a labor agency when losing a job or
terminating a labor or working contract.
3.
Failing to find a job within 15 days after the date of registering with a labor
agency under Clause 2 of this Article.”
6. To
amend and supplement clause 2, clause 3, Article 17 as follows:
“2. The
levels of support for laborers enjoying unemployment allowance depend on
levels of cost for vocational learning of each profession, levels of
support for vocational learning are calculated by month on the basis
of levels of cost for vocational training of each profession. Levels of
support for vocational learning are specified by the Prime Minister.
3. The
time of support depend on training time of each profession and each laborer,
but does not exceed 6 months. The beginning time of support is calculated
from the date a laborer receives monthly unemployment allowance.”
7. To
amend and supplement Article 34 as follows:
“Article
34. Registration of unemployment and notification on finding jobs with labor
agencies
1.
Within 03 months, since losing job or ending labor contract or working
contract, if laborers have not yet had job and have demand to enjoy
unemployment allowances, they may implement registration of unemployment with
labor agencies.
2.
Monthly, persons enjoying unemployment allowances must directly come to notify
with labor agencies on finding jobs.”
8. To
amend and supplement Article 37 as follows:
“Article
37. A dossier for enjoyment of unemployment insurance indemnities under
Article 125 of the Social Insurance Law comprises:
1. A
written request for enjoyment of unemployment insurance indemnities, made
according to a form set by the Ministry of Labor, War Invalids and Social
Affairs;
2. A
copy of the expired labor or working contract or the agreement on termination
of the labor or working contract or the last employer's certification of the
unilateral termination of the labor or working contract in according to guides
of the Ministry of Labor, War Invalids and Social Affairs.
3.
Laborers must present the social insurance book or certification of social
insurance agencies on payment of unemployment insurance when submitting dossier
to enjoy unemployment insurance indemnities.”
9. To
amend and supplement Article 38 as follows:
“Article
38. Settlement of enjoyment of unemployment insurance indemnities under Article
126 of the Social Insurance Law comprises:
1.
Within 15 days (calculated by working days), after registering for
unemployment, laborers must directly file dossier of enjoyment of unemployment
insurance indemnities as prescribed in Article 37 of this Decree to labor
agencies where laborers registered for unemployment or labor agencies of
forwarded places in order to enjoy unemployment insurance indemnities.
2.
Within 20 days (calculated by working days), after receiving fully valid
dossier as prescribed in Article 37 of this Decree, labor agencies shall
receive, consider and solve enjoyment of unemployment insurance regimes, in
case refuse for settlement, must reply in writing and clearly state reason
thereof.
3.
Within 15 days (calculated by working days), after receiving request for
support for vocational learning of unemployed persons, labor agencies shall
settle; in case refuse for settlement, they must reply in writing and clearly
state reason thereof.
4. Within
5 days (calculated by working days), after receiving decision on enjoying
unemployment allowances of labor agencies, the social insurance agencies shall
implement payment of monthly or lump-sum unemployment allowances for laborers.
In case social insurance agencies fail to implement payment properly with
the defined time limit or refuse payment of unemployment insurance regimes
which are not in accordance with provisions of law, social insurance agencies
must have a written notification to labor agencies and laborers and clearly
state reason thereof.
5. If
laborers do not receive decision on enjoying unemployment allowances, decision
on support for vocational learning or do not want to receive unemployment
allowances, regulations of the Ministry of Labor, War Invalids and Social
Affairs shall be implemented.”
Article
2. Effectiveness and responsibility for implementation
1. This
Decree takes effect on January 15, 2013.
2.
Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies,
the President of the People’s Committee of central-affiliated cities and
provinces shall implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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