Circular No. 04/2009/TT-BLDTBXH guiding the implementation of certain Articles of Decree No. 127/2008/NĐ-CP dated December 12, 2008 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law on unemployment insurance.

CIRCULAR

Guidelines for Implementing Certain Articles of Decree No. 127/2008/NĐ-CP dated December 12, 2008 of the Government detailing and guiding the implementation of certain articles of the Social Insurance Law regarding unemployment insurance

_______________________________________

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids and Social Affairs;

Pursuant to Decree No. 127/2008/NĐ-CP dated December 12, 2008 of the Government detailing and guiding the implementation of certain articles of the Social Insurance Law regarding unemployment insurance,

The Ministry of Labor, Invalids and Social Affairs hereby provides guidelines for implementing certain articles of Decree No. 127/2008/NĐ-CP dated December 12, 2008 of the Government detailing and guiding the implementation of certain articles of the Social Insurance Law regarding unemployment insurance (hereinafter referred to as Decree No. 127/2008/NĐ-CP) as follows:

I. OBJECTS AND SCOPE OF APPLICATION

The objects and scope of application of this Circular are those specified in Article 1, Article 2, and Article 3 of Decree No. 127/2008/NĐ-CP.

II. UNEMPLOYMENT INSURANCE BENEFITS

1. Unemployment Allowance:

1.1. The amount of unemployment allowance prescribed in Clause 2, Article 16 of Decree No. 127/2008/NĐ-CP shall be implemented as follows:

The monthly unemployment allowance is equal to sixty percent of the average monthly salary or wage of the six months immediately preceding the loss of employment or termination of the labor contract in accordance with the labor law or termination of the service contract in accordance with the civil servant law.

In cases where the last few months before unemployment, the employee has interrupted contributions to unemployment insurance due to not being an insured person under the provisions, the six-month period immediately preceding the unemployment for calculating the unemployment allowance is the average of the six months of unemployment insurance contributions made before the employee lost their job or terminated their labor contract in accordance with the labor law or terminated their service contract in accordance with the civil servant law.

Example:

Mr. Nguyen Van Khang contributed to unemployment insurance from January 1, 2009 to January 14, 2012 and had two months (October and November 2011) without contributing to unemployment insurance as required; he was terminated from his labor contract in January 2012, and the months immediately preceding his unemployment had the following monthly salaries for unemployment insurance contributions:

May 2011: 2,450,000 VND;

June 2011: 2,750,000 VND;

July 2011: 2,750,000 VND;

August 2011: 2,950,000 VND;

September 2011: 2,800,000 VND;

December 2011: 2,650,000 VND;

Therefore, if Mr. Nguyen Van Khang meets the conditions to receive unemployment allowance, the monthly unemployment allowance will be calculated as follows:

- The average monthly salary of the six consecutive months is:

(2,450,000 VND/month + 2,750,000 VND + 2,750,000 VND + 2,950,000 VND + 2,800,000 VND + 2,650,000 VND) / 6 = 2,725,000 VND/month.

- The monthly unemployment allowance that Mr. Nguyen Van Khang will receive is:

2,725,000 VND/month x 60% = 1,635,000 VND/month.

1.2. Duration of unemployment allowance prescribed in Clause 3, Article 16 of Decree No. 127/2008/NĐ-CP shall be implemented as follows:

The duration of monthly unemployment allowance depends on the period of work with contributions to unemployment insurance of the employee and the maximum duration of monthly unemployment allowance is implemented as follows: the period during which the employee has contributed to unemployment insurance and the maximum total duration for monthly unemployment benefits shall be implemented as follows:

a) Three (03) months, if there are from twelve (12) months to less than thirty-six (36) months of contributions to unemployment insurance.

Example:

Ms. Pham Thi Be has contributed to unemployment insurance for 13 months within 24 months before losing her job, then the maximum duration of unemployment allowance she can receive is 3 months.

b) Six (6) months, if there are from thirty-six (36) months to less than seventy-two (72) months of contributions to unemployment insurance.

Example:

Mr. Pham Thanh Binh has contributed to unemployment insurance for 71 months and has contributed at least 12 months within 24 months before losing his job, then the maximum duration of unemployment allowance he can receive is 6 months.

c) Nine (09) months, if there are from seventy-two (72) months to less than one hundred forty-four (144) months of contributions to unemployment insurance.

Example:

Mr. Nguyen Van Hung has contributed to unemployment insurance for 80 months and has contributed at least 12 months within 24 months before losing his job, then the duration of unemployment allowance he can receive is 9 months.

d) Twelve (12) months, if there are one hundred forty-four (144) months or more of contributions to unemployment insurance.

Example:

Mr. Tran Thanh Tung has contributed to unemployment insurance for 145 months and has contributed at least 12 months within 24 months before losing his job, then the maximum duration of unemployment allowance he can receive is 12 months.

1.3. Suspension of unemployment allowance prescribed in Clause 1, Article 22 of Decree No. 127/2008/NĐ-CP shall be implemented as follows:

An employee receiving monthly unemployment allowance will have their unemployment allowance suspended when they fall into one of the following situations:

a) Not reporting monthly in accordance with regulations to the District Labor, Invalids and Social Affairs Office about job search activities.

b) Being temporarily detained.

1.4. Cases of suspension of unemployment allowance that can continue to receive monthly unemployment allowance prescribed in Clause 2, Article 22 of Decree No. 127/2008/NĐ-CP shall be implemented as follows:

a) The employee is still within the period of unemployment allowance according to the provisions of Point 1.2 of this clause and continues to report monthly in accordance with regulations to the District Labor, Invalids and Social Affairs Office about job search activities.

b) The employee is still within the period of unemployment allowance according to the provisions of Point 1.2 of this clause after the period of temporary detention.

The period during which the employee's unemployment allowance is suspended will not be eligible for back payment of unemployment allowance.

1.5. The termination of unemployment benefits as stipulated in Clause 1, Article 23 of Decree No. 127/2008/ND-CP shall be implemented as follows:

A person receiving unemployment benefits shall have their benefits terminated if they fall under any of the following circumstances:

a) Expiration of the period for receiving unemployment benefits as provided in point 1.2 of this clause. as stipulated in point 1.2 of this clause.

b) Finding employment.

c) Performing military service.

d) Receiving a pension.

đ) Refusing job offers from the employment service center twice without valid reasons.

e) During the period of receiving unemployment benefits, failing to report monthly on job search activities to the Department of Labor, Invalids, and Social Affairs at the district level for three consecutive months.

g) Leaving the country to settle abroad.

h) Serving a decision on administrative sanctions at a reformatory school, educational facility, medical facility, or serving a custodial sentence but not being eligible for probation.

i) Death.

1.6. In cases where an unemployed person receives unemployment benefits and has their benefits terminated according to the provisions of sub-item b and c of point 1.5 above, they shall be entitled to a one-time allowance equivalent to the total value of the remaining unemployment benefits.

1.7. Unemployment benefits shall be paid by the Vietnam Social Security.

2. Vocational training support:

2.1. Workers entitled to vocational training support as stipulated in Clause 1, Article 17 of Decree No. 127/2008/ND-CP shall be implemented as follows:

Workers receiving unemployment benefits who wish to undergo vocational training shall be supported through vocational training institutions. Financial support will not be provided for self-study.

2.2. The level of vocational training support as stipulated in Clause 2, Article 17 of Decree No. 127/2008/ND-CP shall be implemented as follows: the provisions set forth in Clause 2, Article 17 of Decree No. 127/2008/NĐ-CP shall be implemented as follows:

The level of vocational training support for workers receiving unemployment benefits shall be equal to the cost of short-term vocational training as prescribed by laws on vocational training.

If a worker receiving unemployment benefits wishes to undergo vocational training with costs higher than those of short-term vocational training as prescribed by law, the excess amount shall be borne by the worker.

2.3. The duration of vocational training support as stipulated in Clause 3, Article 17 of Decree No. 127/2008/ND-CP shall be implemented as follows: the provisions set forth in Clause 3, Article 17 of Decree No. 127/2008/NĐ-CP shall be implemented as follows:

The duration of vocational training support depends on the training period of each worker but shall not exceed six months. The period during which vocational training support begins is calculated from the date the worker starts receiving monthly unemployment benefits. If a worker has exhausted the number of months of unemployment benefits as stipulated in point 1.2, clause 1, section 1, and continues vocational training, they shall still be supported until the end of the training course.

Example:

Mr. Hoang Van Tuan received six months of unemployment benefits and started vocational training for five months in the fourth month of receiving unemployment benefits. He will continue to receive vocational training support for two months after his unemployment benefits are terminated.

2.4. Costs for vocational training support shall be covered by the Vietnam Social Security.

3. Job search support:

3.1. Job search support as stipulated in Clause 1, Article 18 of Decree No. 127/2008/ND-CP shall be implemented as follows:

Workers receiving unemployment benefits shall be advised and introduced to jobs free of charge by the employment service center under the provincial Department of Labor, Invalids, and Social Affairs where they registered for unemployment insurance. Job search support must be appropriate to the worker's education level and work experience.

3.2. The duration of job search support as stipulated in Clause 2, Article 18 of Decree No. 127/2008/ND-CP shall be implemented as follows:

The period during which the employment service center under the provincial Department of Labor, Invalids, and Social Affairs provides job search support is calculated from the date the worker starts receiving monthly unemployment benefits and shall not exceed the total period of unemployment benefits as stipulated in point 1.2, clause 1, section 1.

3.3. Costs for job search advice and introduction shall be covered by the Vietnam Social Security.

4. Health insurance regime:

Unemployed persons entitled to health insurance as stipulated in Clause 2, Article 19 of Decree No. 127/2008/ND-CP shall be implemented as follows:

4.1. Workers receiving monthly unemployment benefits shall enjoy health insurance benefits as prescribed by laws on health insurance. Upon termination of unemployment benefits, the unemployed person shall cease to enjoy health insurance benefits and return their health insurance card to the social security organization as directed by the Vietnam Social Security.

4.2. The Vietnam Social Security shall pay health insurance premiums for workers receiving unemployment benefits.

III - PROCEDURES FOR IMPLEMENTING UNEMPLOYMENT INSURANCE.

1. Participation in unemployment insurance:

1.1. Employers using ten (10) or more workers as stipulated in Article 3 of Decree No. 127/2008/ND-CP shall be implemented as follows:

The number of workers employed by employers using ten (10) or more workers includes: Vietnamese workers currently under labor contracts or indefinite-term employment contracts; fixed-term labor contracts or employment contracts lasting from twelve to thirty-six months; seasonal or specific task labor contracts or employment contracts lasting three months or more. For state management agencies, the number of workers employed by employers using ten (10) or more workers also includes all officials and civil servants working at the agency.

The annual workforce count for enterprises, agencies, and organizations to implement unemployment insurance policies is based on January 1st of the Gregorian calendar.

If an employer meets the criteria for employing workers subject to unemployment insurance at another time during the year, the workforce count for that year to implement unemployment insurance policies for enterprises, agencies, and organizations shall be counted from the first day of the following month, according to the Gregorian calendar.

1.2. The period for participating in unemployment insurance as stipulated in Article 36 of Decree No. 127/2008/ND-CP shall be implemented as follows:

Within thirty (30) working days from the date of signing the labor contract or employment contract, the employer must submit the application for participation in unemployment insurance to the social insurance organization.

The procedures for submitting and receiving applications for participation in unemployment insurance shall be guided by the Vietnam Social Security.

1.3. The application for participation in unemployment insurance as stipulated in Article 36 of Decree No. 127/2008/ND-CP includes:

a) The individual declaration form of the employee, including the following contents: full name; gender; date of birth; ethnicity; nationality; place of residence; identification card number, date and place of issuance; date and type of labor contract signed, the type of labor contract, the unemployment insurance contribution salary or wage and other allowances required to be contributed according to regulations, the effective date of the labor contract; social insurance book number; time already participated in unemployment insurance but not yet received unemployment benefits; commitment of the employee; confirmation of the employer. The contents of the individual declaration form mentioned above shall be issued together with the model Declaration Form for Social Insurance Participation and shall be promulgated by the Vietnam Social Security.

b) List of employees participating in unemployment insurance prepared by the employer, including the following contents: full name; identification card number; social insurance book number; type of labor contract; unemployment insurance contribution salary or wage and other allowances required to be contributed according to regulations. The contents of the List of Employees Participating in Unemployment Insurance mentioned above shall be issued together with the model List of Employees Participating in Social Insurance and shall be promulgated by the Vietnam Social Security.

2. Contribution to unemployment insurance:

2.1. The method of contributing to unemployment insurance as stipulated in Clause 1, Article 26 of Decree No. 127/2008/ND-CP shall be implemented as follows:

Monthly, the employer shall contribute an amount equal to 1% of the total salary or wage subject to unemployment insurance contributions of those participating in unemployment insurance, and deduct 1% of each employee's monthly salary or wage subject to unemployment insurance contributions to pay into the Unemployment Insurance Fund at the same time.

For employers who have employed ten or more workers subject to unemployment insurance, if there are months in a year when fewer than ten workers are employed, they still need to contribute to unemployment insurance for those workers who are currently participating in unemployment insurance.

2.2. The monthly salary or wage subject to unemployment insurance contributions as stipulated in Clause 3, Article 27 of Decree No. 127 shall be implemented as follows:

If an employee's monthly salary or wage exceeds twenty times the national minimum wage, the monthly salary or wage subject to unemployment insurance contributions shall be twenty times the national minimum wage (currently VND 540,000 per month; the maximum monthly salary or wage subject to unemployment insurance contributions is VND 10,800,000 per month). When the national minimum wage is adjusted, the monthly salary or wage subject to unemployment insurance contributions will also change accordingly.

Example 1:

Mr. Hoang Van Huy works at a computer component manufacturing company, and his monthly salary was VND 13,600,000 in February 2009. In this case, Mr. Hoang Van Huy's monthly salary subject to social insurance contributions is VND 10,800,000.

Example 2:

Mr. Hoang Van Hoa works at a foreign-invested enterprise, with a monthly salary of 800 USD recorded in the labor contract. In March 2009, Mr. Hoang Van Hoa's actual monthly salary was VND 13,600,000 (calculated based on the average inter-bank foreign exchange rate published by the State Bank of Vietnam on March 1, 2009, which is 17,000 VND per USD). Mr. Hoang Van Hoa's monthly salary subject to social insurance contributions is VND 10,800,000.

2.3. The time for employers to contribute to unemployment insurance as stipulated in Clause 2, Article 26 of Decree No. 127/2008/ND-CP shall be specified by the Vietnam Social Security.

2.4. The procedures for contributing to unemployment insurance shall be carried out according to the guidance of the Vietnam Social Security.

3. Receiving unemployment insurance benefits:

3.1. Registration as stipulated in Clause 1, Article 34 of Decree No. 127/2008/ND-CP shall be implemented as follows:

Within seven working days from the date of job loss or termination of the labor contract or employment contract, the employee must directly go to the Department of Labor, Invalids and Social Affairs of the district where they were working to register.

The unemployed worker registers using Model 1 attached to this circular.

3.2. The application for receiving unemployment insurance benefits as stipulated in Article 37 of Decree No. 127/2008/ND-CP shall be implemented as follows:

a) Application for receiving unemployment insurance benefits according to Model 2 attached to this circular.

b) A copy of the labor contract or employment contract that has expired or the agreement to terminate the labor contract or employment contract, or confirmation from the last unit before unemployment regarding the lawful unilateral termination of the labor contract or employment contract, and presentation of the Social Insurance Book.

An unemployed worker must submit all necessary documents for receiving unemployment insurance benefits within fifteen days from the date of registration for unemployment.

3.3. Processing of unemployment insurance benefits as stipulated in Clause 2, Article 38 of Decree No. 127/2008/ND-CP shall be implemented as follows:

a) Time limit for processing: Within twenty working days from the date of receipt of complete documents as stipulated in Point 3.2, Clause 3, Section III of this circular.

b) For cases entitled to unemployment benefits:

- Unemployment allowance:

+ The Department of Labor, Invalids and Social Affairs of the district shall determine the level and duration of unemployment assistance and send it to the Department of Labor, Invalids and Social Affairs for examination and decision.

+ The department assigned the function of state management of employment under the Department of Labor, Invalids and Social Affairs shall examine the file and submit it to the Director of the Department for examination and decision.

The Decision of the Director of the Department of Labor, Invalids and Social Affairs shall send one copy to the Provincial Social Insurance for implementation of unemployment benefits payment; one copy to the employment service center under the Department of Labor, Invalids and Social Affairs of the province for implementing counseling and job introduction services; one copy to the District Labor-Invalids and Social Affairs Office to monitor the unemployed person's job search activities and determine whether the unemployed person temporarily suspends, terminates, or continues to receive unemployment benefits, which will be reported to the Director of the Department of Labor, Invalids and Social Affairs for consideration and decision; one copy to the worker for implementation. The Decision on receiving unemployment benefits shall be implemented according to Model No. 3 issued together with this Circular.

For cases entitled to receive a one-time allowance as stipulated in Clause 2, Article 23 of Decree No. 127/2008/NĐ-CP, the worker must submit a request for a one-time allowance according to Model No. 4 issued together with this Circular; the District Labor-Invalids and Social Affairs Office shall determine the amount of the one-time allowance and send it to the Department of Labor, Invalids and Social Affairs; the department responsible for state management of employment under the Department of Labor, Invalids and Social Affairs shall review the file and report to the Director of the Department for consideration and decision; the Decision of the Director of the Department of Labor, Invalids and Social Affairs shall send one copy to the Provincial Social Insurance for implementation of the one-time allowance payment; one copy to the District Labor-Invalids and Social Affairs Office. The Decision on receiving a one-time unemployment benefit shall be implemented according to Model No. 5 issued together with this Circular.

The procedures for paying unemployment benefits shall be carried out according to specific guidelines of the Vietnam Social Security.

- Job counseling and job introduction:

After receiving the Decision of the Director of the Department of Labor, Invalids and Social Affairs regarding the receipt of unemployment benefits by the unemployed person, the employment service center shall organize free counseling and job introduction services for the unemployed person during the period of receiving unemployment benefits. The funding for registration, counseling, and job introduction services for workers during the period of receiving unemployment benefits shall be implemented according to the guidance of the Ministry of Finance.

- Vocational training support:

+ After receiving counseling and job introduction services but still not having a job, if the unemployed person wishes to learn a trade, they must submit a request according to Model No. 6 issued together with this Circular to the District Labor-Invalids and Social Affairs Office.

+ The District Labor-Invalids and Social Affairs Office shall determine the trade, level of support for vocational training, and the training location, then send it to the Department of Labor, Invalids and Social Affairs for consideration and decision.

+ The department responsible for state management of employment shall coordinate with the department responsible for state management of vocational training to review the file and report to the Director of the Department of Labor, Invalids and Social Affairs for decision-making.

+ The Decision of the Director of the Department of Labor, Invalids and Social Affairs shall send one copy to the Provincial Social Insurance for implementation of vocational training payments to the vocational training institution (including employment service centers providing vocational training for unemployed persons); one copy to the employment service center to continue implementing counseling and job introduction services after vocational training; one copy to the District Labor-Invalids and Social Affairs Office to monitor the unemployed person's job search activities; one copy to the worker for implementation.

The Decision on receiving vocational training support shall be implemented according to Model No. 7 issued together with this Circular.

The procedures and formalities for paying vocational training support are regulated by the Vietnam Social Security.

c) In cases where the unemployed person is not entitled to unemployment insurance benefits, the District Labor-Invalids and Social Affairs Office must respond in writing and specify the reasons according to Model No. 8 issued together with this Circular.

3.4. In cases where the worker, when unemployed, has a need to move to another province or centrally governed city to enjoy unemployment insurance benefits due to family residence relocation or family residence change, must submit a request according to Model No. 9 issued together with this Circular and send it to the District Labor-Invalids and Social Affairs Office where the unemployment insurance is currently being paid, so that the District Labor-Invalids and Social Affairs Office introduces the worker to enjoy unemployment insurance benefits according to the request of the worker, implemented according to Model No. 10 issued together with this Circular. The District Labor-Invalids and Social Affairs Office receives and transfers to enjoy unemployment insurance benefits according to the provisions of Item 3.3 of this point.

3.5. Monthly notification about job search activities as stipulated in Clause 2, Article 34 of Decree No. 127/2008/NĐ-CP is guided as follows:

During the period of receiving unemployment benefits, on the 15th of each month (if it falls on a holiday, the notification will be made on the next working day), the unemployed person must personally go to the District Labor-Invalids and Social Affairs Office where they are currently receiving unemployment benefits to notify about their job search activities according to Model No. 11 promulgated together with this Circular.

4. Suspension of unemployment insurance benefits:

4.1. Cases of suspension of unemployment benefits as stipulated in Clause 1, Article 22 of Decree No. 127/2008/NĐ-CP are guided as follows:

a) An unemployed person who is currently receiving unemployment benefits does not directly notify the District Labor-Invalids and Social Affairs Office where they are currently receiving unemployment insurance benefits about their job search activities monthly. The notification is conducted at the District Labor-Invalids and Social Affairs Office according to Model No. 11 issued together with this Circular; the monthly notification date is determined by the District Labor-Invalids and Social Affairs Office where the unemployment insurance benefits are currently being received.

b) An unemployed person who is currently receiving unemployment benefits is temporarily detained, upon notification from the Department of Labor, Invalids and Social Affairs of the province or centrally governed city.

4.2. Procedures and formalities for suspending unemployment benefits:

Workers currently receiving unemployment benefits who fall under the category of temporary suspension of unemployment benefits, the District Labor-Invalids and Social Affairs Office where the worker is currently receiving unemployment benefits shall report in writing the specific cases of temporary suspension of unemployment benefits to the Department of Labor, Invalids and Social Affairs; the department responsible for state management of employment under the Department of Labor, Invalids and Social Affairs shall review and report to the Director of the Department for consideration and decision.

The Director of the Department of Labor, Invalids and Social Affairs shall send one copy to the Provincial Social Insurance for the implementation of the temporary suspension of unemployment benefits; one copy to the Department of Labor, Invalids and Social Affairs; one copy to the employment service center; one copy to the worker for implementation. The notice of the temporary suspension of unemployment benefits shall be carried out according to Model No. 12 issued together with this Circular.

4.3. Continuation of monthly unemployment benefit receipt: Workers falling under the cases stipulated in Clause 2, Article 22 of Decree No. 127/2008/NĐ-CP dated December 12, 2008, the Department of Labor, Invalids and Social Affairs at the district where the worker is temporarily suspended from receiving unemployment benefits shall report in writing the specific cases eligible for continued receipt of unemployment benefits to the Department of Labor, Invalids and Social Affairs; the department shall perform its state management function regarding employment to review and submit to the Director of the Department for consideration and decision.

The notification of continued receipt of unemployment benefits by the Director of the Department of Labor, Invalids and Social Affairs shall be sent one copy to the Provincial Social Insurance for the implementation of the temporary suspension of unemployment benefits; one copy to the Department of Labor, Invalids and Social Affairs; one copy to the employment service center; one copy to the worker for implementation. The notification of the temporary suspension of unemployment benefits shall be carried out according to Model No. 13 issued together with this Circular.

5. Termination of unemployment insurance receipt:

Termination of unemployment benefit receipt for cases specified in Subparagraph d, đ, e, g, h, i, Clause 1, Article 87 of the Unemployment Insurance Law: The Department of Labor, Invalids and Social Affairs at the district where the worker is currently receiving unemployment benefits shall report in writing the specific cases terminating receipt of unemployment benefits to the Department of Labor, Invalids and Social Affairs; the department shall perform its state management function regarding employment to review and submit to the Director of the Department for consideration and decision.

The Decision on termination of unemployment benefit receipt by the Director of the Department of Labor, Invalids and Social Affairs shall be sent one copy to the Provincial Social Insurance for the implementation of the termination of unemployment benefit receipt; one copy to the Department of Labor, Invalids and Social Affairs; one copy to the employment service center; one copy to the worker for implementation. The decision on the termination of unemployment benefit receipt shall be carried out according to Model No. 14 issued together with this Circular.

IV- IMPLEMENTATION ORGANIZATION

1. Responsibilities of the Vietnam Social Security:

1.1. To take the lead and coordinate with relevant agencies in disseminating and popularizing the regime, policies, and laws on unemployment insurance; guiding procedures for collecting and disbursing unemployment insurance for workers and employers who are subject to unemployment insurance participation.

1.2. To organize the collection of unemployment insurance in accordance with the provisions of the law.

1.3. To organize the disbursement of unemployment benefits, vocational training support funds, and job introduction advisory fees in accordance with the Decision of the Director of the Provincial Department of Labor, Invalids and Social Affairs and the provisions of the law.

1.4. To pay health insurance premiums for those receiving unemployment benefits; to recover health insurance cards from those who have ceased to receive unemployment benefits.

1.5. To suspend the payment of unemployment benefits, vocational training support costs, job introduction advisory fees, and health insurance for those receiving unemployment benefits upon notification from the Provincial Department of Labor, Invalids and Social Affairs.

1.6. To report annually before January 15 to the Ministry of Labor, Invalids and Social Affairs on the implementation of the collection, disbursement, management, and utilization of the unemployment insurance fund in the previous year.

2. Responsibilities of the Department of Labor, Invalids and Social Affairs:

2.1. To take the lead and coordinate with relevant agencies in disseminating and popularizing the regime, policies, and laws on unemployment insurance;

2.2. To direct subordinate units, county-level Departments of Labor, Invalids and Social Affairs, employment service centers, and vocational training institutions to implement unemployment insurance policies in their respective areas.

2.3. To decide on the receipt of unemployment benefits and vocational training support for unemployed persons in accordance with the law.

2.4. To monitor, inspect, and supervise the implementation of laws on unemployment insurance;

2.5. To report periodically every month before the 5th day, every six months before July 15, and annually before January 15 to the Ministry of Labor, Invalids and Social Affairs on the implementation of unemployment insurance policies in their area according to Model No. 15 issued together with this Circular.

3. Responsibilities of the County-level Department of Labor, Invalids and Social Affairs:

3.1. To organize the acceptance of applications for unemployment insurance receipt, examine and implement procedures for resolving unemployment insurance regimes according to this Circular.

3.2. To implement periodic reporting systems:

- Before the 2nd day of each month, report to the Department of Labor, Invalids and Social Affairs on the implementation of unemployment insurance policies in the area;

- Every six months before July 5, and annually before January 10, report to the Department of Labor, Invalids and Social Affairs on the implementation of unemployment insurance policies in the area.

3.3. To implement measures to support employment and vocational training for unemployed workers in the area.

4. Responsibilities of the Employment Service Center:

4.1. To organize information dissemination and publicity on unemployment insurance policies and laws.

4.2. To organize counseling and job placement services for those receiving unemployment benefits; to organize appropriate vocational training for those receiving unemployment benefits;

4.3. To implement periodic reporting systems:

- Before the 2nd day of each month, report to the Department of Labor, Invalids and Social Affairs on the implementation of counseling, job placement, and vocational training for unemployed individuals in the area;

- Every six months before July 10, and annually before January 10, report to the Department of Labor, Invalids and Social Affairs on the implementation of counseling, job placement, and vocational training for unemployed individuals in the area.

5. Responsibilities of vocational training institutions:

To organize vocational training for unemployed individuals according to the requirements of the Department of Labor, Invalids and Social Affairs.

6. Responsibilities of employers:

6.1. Cooperate with the grassroots trade union organization to disseminate and publicize unemployment insurance policies and comply with legal regulations on participating in unemployment insurance; pay unemployment insurance contributions in full and on time as prescribed by the law on unemployment insurance.

6.2. Present documents, files, and provide information related to unemployment insurance as required by competent state agencies during inspections or audits.

6.3. Provide documents as stipulated in Clause 2, Article 37 of Decree No. 127/2008/ND-CP, and social insurance books for workers to complete their unemployment insurance claim files.

6.4. Report on the implementation of unemployment insurance contributions to the Department of Labor, Invalids and Social Affairs of the province or centrally governed municipality where unemployment insurance participation is registered, as prescribed.

7. Responsibilities of the Employment Bureau, Ministry of Labor, Invalids and Social Affairs:

7.1. Assist the Minister in performing state management functions regarding unemployment insurance as prescribed by law.

7.2. Direct, guide, and inspect the implementation of national regulations and those of the Ministry of Labor, Invalids and Social Affairs concerning unemployment insurance.

7.3. Disseminate, publicize, and train on legal provisions relating to unemployment insurance.

7.4. Aggregate and report on the implementation of policies and laws on unemployment insurance as prescribed.

This Circular takes effect from January 1, 2009.

Any issues encountered during implementation should be reported to the Ministry of Labor, Invalids and Social Affairs for study and resolution./.