Circular No. 04/2013/TT-BLDTBXH amending and supplementing certain articles of Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 127/2008/NĐ-CP dated December 12, 2008 of the Government detailing and guiding the implementation of some articles of the Law on Social Insurance regarding unemployment insurance.

Circular No. 04/2013/TT-BLDTBXH amends and supplements certain articles of Circular No. 32/2010/TT-BLDTBXH guiding the implementation of Decree No. 127/2008/NĐ-CP on unemployment insurance. This document details the conditions for receiving unemployment insurance, procedures for registering and resolving unemployment benefits, training periods, and the responsibilities of the Employment Introduction Center.

Số hiệu04/2013/TT-BLĐTBXH
Loại văn bảnCircular
Cơ quan ban hànhMinistry of Home Affairs
Người kýNguyễn Thanh Hòa — Thứ trưởng
Cập nhật25/06/2026
Lĩnh vựcUncategorized
Ngày ban hành01/03/2013
Ngày áp dụng15/04/2013
Ngày hết hiệu lực15/09/2015
Tình trạngExpired
✦ Tóm lược thông minh

Circular No. 04/2013/TT-BLDTBXH amends and supplements certain articles of Circular No. 32/2010/TT-BLDTBXH guiding the implementation of Decree No. 127/2008/NĐ-CP on unemployment insurance. This document details the conditions for receiving unemployment insurance, procedures for registering and resolving unemployment benefits, training periods, and the responsibilities of the Employment Introduction Center.

Đối tượng áp dụng

Workers contributing to unemployment insurance, Employment Introduction Centers, Departments of Labor, Invalids and Social Affairs, Provincial Social Insurance.

Các điểm cốt lõi

  • and the scope of application of this Circular is adjusted according to Decree No. 127/2008/NĐ-CP which has been amended and supplemented.
  • Workers must register for unemployment within three months from the date of job loss or termination of labor contracts, except in cases of legitimate reasons.
  • The level of support for vocational training for workers receiving unemployment benefits varies according to the cost of each profession and is implemented according to the regulations of the Prime Minister.
  • The period of support for vocational training does not exceed six months, calculated from the date the worker begins to receive monthly unemployment benefits.
  • The Employment Introduction Center is responsible for notifying workers about annual unemployment insurance contributions and paying unemployment insurance benefits within five days.

🌐 Tác động xã hội từ văn bản này

  • Citizens benefit from the regulations on the time limit for registering unemployment, vocational training support, and notifications about unemployment insurance contributions.
  • Enterprises have the responsibility to report the number of employees working according to regulations, affecting personnel management.
  • Negative impacts include more complex administrative procedures due to specific conditions that need to be adhered to.

❓ Câu hỏi thường gặp

How long can workers register for unemployment after losing their jobs?

Within three months from the date of job loss or termination of labor contracts, except in cases of legitimate reasons.

What is the level of support for vocational training for workers receiving unemployment benefits?

The level of support varies according to the cost of each profession and is implemented according to the regulations of the Prime Minister.

What is the maximum duration of support for vocational training?

Not exceeding six months, calculated from the date the worker begins to receive monthly unemployment benefits.

What are the responsibilities of the Employment Introduction Center in notifying about unemployment insurance contributions?

Annually notify each worker about unemployment insurance contributions and pay unemployment insurance benefits within five days.

Can workers register for unemployment at an Employment Introduction Center different from where they worked before losing their job?

Yes, but must have confirmation from the Employment Introduction Center where they previously worked that they have not registered for unemployment there.

Toàn văn

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness

Number: 04/2013/TT-BLDTBXH
Hanoi, March 1, 2013

CIRCULAR

Amending and supplementing certain articles of Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010

of the Ministry of Labor - Invalids and Social Affairs guiding the implementation of certain provisions of Decree

 No. 127/2008/NĐ-CP dated December 12, 2008 of the Government detailing and guiding the implementation of

certain provisions of the Law on Social Insurance regarding unemployment insurance

_______________________

 

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012, 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 provisions of the Law on Social Insurance regarding unemployment insurance (hereinafter referred to as Decree No. 127/2008/NĐ-CP);

Pursuant to Decree No. 100/2012/NĐ-CP dated November 21, 2012 of the Government amending and supplementing certain provisions of Decree No. 127/2008/NĐ-CP dated December 12, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Social Insurance regarding unemployment insurance;

At the proposal of the Director of the Employment Department;

The Minister of Labor - Invalids and Social Affairs issues this Circular amending and supplementing certain articles of Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010 of the Ministry of Labor - Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 127/2008/NĐ-CP dated December 12, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Social Insurance regarding unemployment insurance (Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010 mentioned above hereinafter referred to as Circular No. 32/2010/TT-BLDTBXH) as follows:

Article 1. Amending and supplementing certain articles of Circular No. 32/2010/TT-BLDTBXH as follows:

1. Amend and supplement Article 1 as follows:

"Article 1. Object and scope of application

The object and scope of application of this Circular are those objects and scopes of application stipulated in Article 1, Article 2, and Article 3 of Decree No. 127/2008/NĐ-CP which has been amended and supplemented."

2. Amending and supplementing Article 2 as follows:

"Article 2. Conditions for receiving unemployment insurance

1. Persons currently contributing to unemployment insurance as stipulated in Article 15 of Decree No. 127/2008/NĐ-CP which has been amended and supplemented shall be guided as follows:

A person currently contributing to unemployment insurance is a person who had months immediately preceding the loss of employment or termination of the labor contract or service contract contributing to unemployment insurance, including the period immediately preceding when:

a) Workers have months immediately preceding the loss of employment or termination of the labor contract or service contract taking leave to enjoy maternity allowance or sick leave of 14 working days or more without salary from the unit but receiving social insurance benefits.

b) Workers have months immediately preceding the loss of employment or termination of the labor contract or service contract temporarily suspending the performance of the labor contract or service contract according to the law without salary from the unit.

2. Unemployed persons are entitled to unemployment insurance if they meet the conditions stipulated in Article 15 of Decree No. 127/2008/NĐ-CP which has been amended and supplemented, guided as follows:

a) Having contributed to unemployment insurance for at least twelve months within twenty-four months prior to losing employment or terminating the labor contract or service contract in accordance with the law.

The month of contribution to unemployment insurance of workers shall be counted if both the employer and the worker have made contributions to unemployment insurance, and the worker has performed the labor contract or service contract for at least one day in that month.

b) Registering unemployment with the Employment Introduction Center under the Department of Labor - Invalids and Social Affairs of the province or centrally governed city (hereinafter referred to as the Employment Introduction Center) upon losing employment or terminating the labor contract or service contract in accordance with the law.

c) Not finding employment within fifteen working days counted from the date of registering unemployment with the Employment Introduction Center as stipulated in Point b Clause 2 of this Article, the first day among the fifteen days mentioned above is the day following the day the worker registers unemployment, counted according to working days.

Working days applicable to all cases in this Circular are from Monday to Friday each week."

3. Amending and supplementing Clause 6 and Clause 7 of Article 3 as follows:

"6. Workers currently receiving unemployment benefits whose receipt of such benefits is terminated as stipulated in Clause 1, Article 23 of Decree No. 127/2008/NĐ-CP shall be guided as follows:

a) Expiration of the benefit period as determined in the decision on receipt of unemployment benefits.

b) Finding employment.

Workers shall be considered as having found employment in one of the following cases: 

- Entering into a labor contract or service contract (including the probationary period with remuneration) for at least three months. The day on which the worker is considered to have found employment is the day the labor contract or service contract becomes effective according to the law;

- Receiving a recruitment decision for those not subject to entering into a labor contract or service contract. The day on which the worker is considered to have found employment in this case is the day recorded in the recruitment decision;

- Being a household business owner or individual business operator with a business registration certificate issued by the competent authority:

For unlicensed businesses: the day on which the household business owner or individual business operator is considered to have found employment is the day recorded in the business registration certificate;

For licensed businesses: the day on which the household business owner or individual business operator is considered to have found employment is the day they meet the conditions to operate the business.

c) Performing military service. The day on which the worker is considered to be performing military service is the day they enlist.

d) Receiving monthly pension according to the decision of the competent authority. The day on which the worker is considered to have retired is the day they start receiving the monthly pension as recorded in the Decision on Monthly Pension.

đ) Refusing job offers introduced by the Employment Introduction Center twice without valid reasons. An unemployed person currently receiving unemployment benefits refusing job offers in any of the following situations shall be considered as lacking valid reasons:

- A worker receiving unemployment benefits refuses to accept a job for which the worker has been trained;

- A worker receiving unemployment benefits refuses jobs that the worker has previously performed;

- A worker receiving unemployment benefits who is a general laborer refuses jobs that only require general laborers to perform;

e) During the period of receiving unemployment benefits, failing to report monthly on job search activities to the Employment Service Center for three consecutive months as prescribed;

g) Leaving the country to settle abroad. The day the worker is determined to have left the country to settle abroad is the day the permanent residence registration of the worker is canceled according to the law on residence;

h) Serving a decision to apply administrative measures at a reformatory school, educational facility, or medical facility (including cases of drug rehabilitation at detoxification centers) or serving a prison sentence without probation. The day the worker is determined to be serving the decision to apply administrative measures is the start date of the administrative measure recorded in the decision;

i) Death.

In all the above cases, if a worker receiving unemployment benefits is terminated from receiving unemployment benefits during the month they are receiving it, the worker will still receive unemployment benefits for the entire month;

7. In cases where workers fall under the provisions of Points b, c, d, g, and h of Clause 6 of this Article, within three working days from the occurrence date, they must notify the Employment Service Center where they are receiving unemployment benefits according to Form No. 21 issued together with this Circular (if sent via postal service, the date is calculated based on the postmark) and attach relevant documents related to the termination of unemployment benefit receipt (photocopies), specifically as follows:

a) Photocopy of the labor contract or work agreement or recruitment decision or business registration certificate for the case stipulated in Point b of Clause 6 of this Article;

b) Photocopy of the summons for military service for the case stipulated in Point c of Clause 6 of this Article;

c) Photocopy of the pension receipt decision for the case stipulated in Point d of Clause 6 of this Article;

d) Confirmation from the competent authority regarding the cancellation of permanent residence registration for the case stipulated in Point g of Clause 6 of this Article;

đ) Photocopy of the decision for the case stipulated in Point h of Clause 6 of this Article."

4. Amend and supplement Clause 2 and Clause 3 of Article 4 as follows:

"2. The level of vocational training support provided for in Clause 2 of Article 17 of Decree No. 127/2008/NĐ-CP, as amended and supplemented, shall be implemented as follows:

The level of vocational training support for workers receiving unemployment benefits varies according to the cost of vocational training for each profession and is carried out in accordance with the regulations of the Prime Minister.

If workers receiving unemployment benefits wish to participate in vocational training with costs higher than the prescribed vocational training support level, the excess cost shall be borne by the worker.

3. The duration of vocational training support provided for in Clause 3 of Article 17 of Decree No. 127/2008/NĐ-CP, as amended and supplemented, shall be implemented as follows:

The duration of vocational training support depends on the training time of each profession and the training needs of each worker, but not exceeding six months. The start time for vocational training support is counted from the day the worker begins to receive monthly unemployment benefits.

During the period of receiving unemployment benefits as prescribed, if a worker wishes to participate in vocational training, they must submit a request for vocational training support. The Director of the Department of Labor, Invalids, and Social Affairs decides on vocational training support within fifteen working days from the date of receipt of the worker's request for vocational training support. If a worker has exhausted the prescribed period of unemployment benefits but continues to participate in vocational training or prepares to participate in vocational training according to the decision of the Director of the Department of Labor, Invalids, and Social Affairs, they will continue to receive vocational training support until the end of the training period.”

5. Amend and supplement Clause 1 and Clause 2 and Clause 3 of Article 9 as follows:

"1. Unemployment registration as prescribed in Article 34 of Decree No. 127/2008/NĐ-CP, as amended and supplemented, shall be implemented as follows:

a) Within three months from the date the worker loses their job or terminates the labor contract or work agreement, if the worker does not have a job and wishes to receive unemployment benefits, the worker must directly go to the Employment Service Center where they worked before losing their job or terminating the labor contract or work agreement to register for unemployment. If the worker wishes to register for unemployment at an Employment Service Center that is not where they worked before losing their job or terminating the labor contract or work agreement, when registering for unemployment, they must have confirmation from the Employment Service Center where they worked before losing their job or terminating the labor contract or work agreement that they have not registered for unemployment.

The worker requests confirmation of non-unemployment registration according to Form No. 1a issued together with this Circular. The Employment Service Center where the worker worked before losing their job or terminating the labor contract or work agreement is responsible for reviewing and confirming the non-unemployment registration for the worker according to Form No. 1b issued together with this Circular. The Employment Service Center issues only one copy of the confirmation to the worker, and the worker is responsible for preserving and keeping the confirmation.

The three-month period mentioned above is calculated according to the Gregorian calendar and starts from the day the worker loses their job or terminates the labor contract or work agreement to the corresponding day of the third month thereafter. If the ending month does not have a corresponding date, the period ends on the last day of that month.

When a worker comes to register for unemployment, they are responsible for fully filling out the Unemployment Registration form according to Form No. 1 The attached Circular shall be submitted to the Employment Introduction Center. In cases where workers register for unemployment at an Employment Introduction Center different from the place where they worked before losing their job or terminating their labor contract or employment contract, they must submit to that Employment Introduction Center a confirmation regarding their non-registration for unemployment as provided above. Form No. 1b as stated above.

The Employment Introduction Center is responsible for guiding and reviewing the contents declared by workers in the Unemployment Registration Form. Upon receiving the unemployment registration form, the center must return to the worker the Unemployment Registration Information Form according to Appendix number 2 promulgated together with this Circular.

Example 5: Mr. Nguyen Van A terminated his labor contract on January 15, 2013, then the deadline for Mr. A's unemployment registration is April 15, 2013.

b) In cases where workers register for unemployment beyond the prescribed time limit under Point a of this Clause but not exceeding seven days calculated from the date of expiration of the unemployment registration period as stipulated, they may still register for unemployment and be considered for unemployment insurance benefits if they fall into one of the following situations:

- Illness or maternity with a certificate from a district-level hospital or equivalent;

- Accident with a certificate from a district-level hospital or equivalent, or a traffic police confirmation in case of traffic accident;

- Natural disaster or epidemic with a confirmation from the Chairman of the People's Committee at the commune level upon the worker's request.

2. The documents for unemployment insurance benefits as prescribed in Article 37 of Decree No. 127/2008/ND-CP, which has been amended and supplemented, include:

a) Application for unemployment insurance benefits according to Appendix number 3 promulgated together with 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 the decision to terminate employment, or a confirmation from the last employer before unemployment about the unilateral termination of the labor contract or employment contract in accordance with the law.

At the same time, workers must present their Social Insurance Booklet confirmed by the Social Insurance Authority regarding the payment of unemployment insurance or a confirmation from the Social Insurance Authority regarding the payment of unemployment insurance.

Workers must directly submit all documents for unemployment insurance benefits within fifteen working days from the date of unemployment registration (the first day of the fifteen-day period is the next working day after the worker registers for unemployment).

The Employment Introduction Center will only accept documents for unemployment insurance benefits when all required documents are complete. After accepting the documents, the center must return to the worker a receipt for the result according to Appendix number 4 promulgated together with this Circular.

Example 6:

Mr. Hoang Van An registered for unemployment on January 15, 2013, then the first day counted in the deadline for submitting documents for unemployment insurance benefits for Mr. An is January 16, 2013. Therefore, the deadline for submitting documents for unemployment insurance benefits for Mr. An (fifteen working days from the date of unemployment registration) is February 5, 2013.

Cases where workers are not required to directly submit documents for unemployment insurance benefits:

- Illness or maternity with a certificate from a district-level hospital or equivalent;

- Accident with a certificate from a district-level hospital or equivalent, or a traffic police confirmation in case of traffic accident;

- Natural disaster or epidemic with a confirmation from the Chairman of the People's Committee at the commune level upon the worker's request.

In cases where workers cannot directly submit documents to the Employment Introduction Center, they can send the documents through another person or via postal service (in case of sending via postal service, the date is based on the postmark).

3. The resolution of unemployment insurance benefits as prescribed in Clause 2, Article 38 of Decree No. 127/2008/ND-CP, which has been amended and supplemented, is implemented as follows:

a) Time limit for resolution:

Within twenty working days from the date of receipt of the documents for unemployment insurance benefits of workers as stipulated in Clause 2 of this Article.

b) For cases entitled to unemployment benefits:

- Unemployment allowance:

+ The Director of the Employment Introduction Center is responsible for determining the amount and duration of the unemployment allowance, drafting the Decision on the entitlement to unemployment allowance for each worker, and submitting it to the Director of the Department of Labor, Invalids and Social Affairs for signature.

+ The Decision of the Director of the Department of Labor, Invalids and Social Affairs sends one copy to the Provincial Social Insurance Authority for implementation of the payment of unemployment allowance; one copy is kept at the Department of Labor, Invalids and Social Affairs; one copy is sent to the Employment Introduction Center for implementation of job counseling, job introduction, and monitoring of job search activities of unemployed persons, determination of unemployed persons in cases of temporary suspension or termination or continuation of unemployment allowance; one copy is handed over directly to the worker at the Employment Introduction Center for implementation. The Decision on the entitlement to unemployment allowance is made according to Appendix number 5 promulgated together with this Circular.

For cases entitled to a one-time allowance as prescribed in Clause 2, Article 23 of Decree No. 127/2008/ND-CP, workers must submit a request for a one-time allowance according to Appendix number 6 attached to this Circular; the Director of the Employment Introduction Center is responsible for determining the amount of the one-time allowance, drafting the Decision on the entitlement to a one-time allowance for each worker, and submitting it to the Director of the Department of Labor, Invalids and Social Affairs for signature; the Decision of the Director of the Department of Labor, Invalids and Social Affairs sends one copy to the Provincial Social Insurance Authority for implementation of the payment of the one-time allowance; one copy is kept at the Department of Labor, Invalids and Social Affairs; one copy is sent to the Employment Introduction Center and one copy is sent to the worker for implementation. The Decision on the entitlement to a one-time allowance is made according to Appendix number 7 promulgated together with this Circular.

The procedures and formalities for the payment of unemployment allowance are carried out in accordance with the guidelines of the Vietnam Social Security.

- Job counseling and job introduction:

When registering for unemployment benefits, workers are responsible for clearly stating their counseling, job introduction, and vocational training needs on the Unemployment Registration Form. The Employment Service Center organizes free counseling and job introduction services for workers immediately upon their registration for unemployment benefits. The funding for counseling and job introduction activities during the period of receiving unemployment benefits shall be implemented in accordance with the guidelines of the Ministry of Finance.

- Vocational training support:

+ Workers who are receiving unemployment benefits and have a need for vocational training must submit a request for vocational training support according to form number 8 issued together with this Circular to the Employment Service Center. Workers who have a need for vocational training may submit a request for vocational training support immediately after registering for unemployment.

+ The Director of the Employment Service Center is responsible for determining the trade, level of vocational training support, duration of training, place of training, draft Decision on vocational training support for workers receiving unemployment benefits, and submitting it to the Director of the Department of Labor, Invalids, and Social Affairs for signature. In cases where workers submit a request for vocational training support immediately after registering for unemployment, the time limit for the Director of the Department of Labor, Invalids, and Social Affairs to process the request is considered from the first day the worker receives unemployment benefits.

+ The Decision of the Director of the Department of Labor, Invalids, and Social Affairs shall send one copy to the Provincial Social Insurance Fund for implementation of payment of vocational training costs to the training institution; one copy retained at the Department of Labor, Invalids, and Social Affairs; one copy sent to the Employment Service Center for continued counseling and job introduction after vocational training; one copy sent to the training institution for implementation of vocational training for workers; one copy sent to the worker for implementation.

The Decision on vocational training support is implemented according to form number 9 promulgated together with this Circular.

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

c) Two working days after the date recorded on the result receipt, if the worker does not come to collect the Decision on receiving unemployment benefits or the Decision on vocational training support, it will be considered that they do not have a need to receive unemployment benefits or vocational training support. The Employment Service Center is responsible for submitting to the Director of the Department of Labor, Invalids, and Social Affairs for signing and issuing a Decision to cancel the Decision on receiving unemployment benefits or the Decision on vocational training support for the worker.

The Decision to cancel the Decision on receiving unemployment benefits is according to form number 22, the Decision to cancel the Decision on vocational training support for the worker is according to form number 23 promulgated together with this Circular.

The Decision to cancel the Decision on receiving unemployment benefits, the Decision to cancel the Decision on vocational training support shall send one copy to the Provincial Social Insurance Fund to stop the payment of unemployment benefits or vocational training support, one copy retained at the Department of Labor, Invalids, and Social Affairs, one copy sent to the Employment Service Center, and one copy sent to the worker for information.

The period of unemployment insurance contribution of the worker in the case of canceling the Decision on receiving unemployment benefits is accumulated according to the provisions of Article 21 of Decree 127/2008/NĐ-CP.

d) For cases where workers have received the Decision on receiving unemployment benefits but have not yet received unemployment benefits and do not have a need to receive unemployment benefits to accumulate the period of participation in unemployment insurance according to the provisions of Article 21 of Decree 127/2008/NĐ-CP, the worker must submit a request for non-receipt of unemployment benefits according to form number 24 issued together with this Circular. The Employment Service Center is responsible for drafting the Decision to cancel the Decision on receiving unemployment benefits according to form number 22 issued together with this Circular and submitting it to the Director of the Department of Labor, Invalids, and Social Affairs for signature and issuance.

The above Decision to cancel the Decision on receiving unemployment benefits shall send one copy to the Provincial Social Insurance Fund to stop the payment of unemployment benefits, one copy retained at the Department of Labor, Invalids, and Social Affairs, one copy sent to the Employment Service Center, and one copy sent to the worker for information.

đ) For cases where workers are not entitled to unemployment insurance benefits: The Employment Service Center must respond in writing and specify the reasons according to form number 10 issued together with this Circular."

"Article 10. Collateral for Loans

"Article 10. Transfer of Unemployment Benefits

During the period of receiving unemployment benefits, if workers have a need to transfer to another province or centrally governed city to continue receiving unemployment benefits, they must submit a request for transfer of unemployment benefits according to form number 11 issued together with this Circular to the Employment Service Center where they are currently receiving unemployment benefits. The Employment Service Center where the worker is currently receiving unemployment benefits is responsible for introducing the transfer of unemployment benefits according to the worker's request, accompanied by a copy of the Decision on receiving unemployment benefits, Decision on vocational training support (if any); copies of notices regarding job search, decisions on temporary suspension and resumption of unemployment benefits (if any), and notify the Provincial Social Insurance Fund in writing about the transfer of the place of receiving unemployment benefits for that worker.

Within ten working days from the date the worker receives the letter of introduction for transferring unemployment benefits, the worker must submit the letter of introduction for transferring unemployment benefits and the aforementioned documents to the Employment Service Center in the new location so that the Employment Service Center can request the Provincial Social Insurance Fund to continue implementing the payment of unemployment benefits (accompanied by a copy of the Decision on receiving unemployment benefits) and implement the benefits for the worker according to regulations. The letter of introduction for transferring unemployment benefits is implemented according to form number 12 promulgated together with this Circular.

The payment of unemployment benefits and issuance of health insurance cards for transferred workers are carried out by the Vietnam Social Security."

7. Amend and supplement Clause 1 of Article 11 as follows:

"1. Monthly notifications on job search activities as stipulated in Clause 2 of Article 34 of Decree No. 127/2008/NĐ-CP (as amended and supplemented) shall be implemented as follows:"

Monthly, during the period of receiving unemployment benefits, workers must personally go to the Employment Introduction Center where they are receiving such benefits to report on their job search activities, except for the following cases:

- Workers who are receiving unemployment benefits and are sick or pregnant must have a confirmation certificate from a district-level hospital or higher;

- Workers who are receiving unemployment benefits and have been injured must have a confirmation certificate from a district-level hospital or higher or a confirmation from traffic police in the case of traffic accidents;

- In cases of natural disasters or epidemics, a confirmation from the Chairman of the People's Committee at the commune level according to the application of the worker receiving unemployment benefits is required.

For cases where workers cannot personally go to the Employment Introduction Center as mentioned above, they must send the relevant documents as stipulated above to the Employment Introduction Center where they are receiving unemployment benefits within no later than three working days from the date of reporting on their job search activities as prescribed. If sent via postal service, the date on the postmark will be considered.

The date of notification and confirmation by the Employment Introduction Center shall be recorded in the Information Sheet on Job Search Notification according to Form No. 25 issued together with this Circular. The Information Sheet on Job Search Notification shall be sent to the worker when they come to receive the decision on unemployment benefit.

When implementing the job search notification as prescribed, workers must carry the decision on unemployment benefit and the aforementioned information sheet for the Employment Introduction Center to confirm the notification of the worker. If the information sheet on job search notification is lost, the worker must request the Employment Introduction Center to issue a new one for tracking purposes.

Job search notifications shall be made in accordance with Form No. 13 issued together with this Circular."

Clause 1, Clause 2, and Clause 3 of Article 17 are amended as follows:

"1. Annually notify each worker about their unemployment insurance contributions.

2. Complete and return the social insurance book or a confirmation of unemployment insurance contributions to the worker within no more than five working days from the date of receipt of the request.

3. Disburse monthly unemployment benefits and one-time benefits to workers within five working days from the date of receipt of the Decision of the Director of the Department of Labor, Invalids and Social Affairs of the province or centrally-administered city. In case disbursement is not made within the specified time or refusal to pay unemployment insurance benefits contrary to the provisions of the law, a written notice must be given to the Department of Labor, Invalids and Social Affairs and the worker, stating the reasons according to Form No. 26 promulgated together with this Circular.

Issue health insurance cards and settle health insurance rights for those receiving unemployment benefits."

9. Amend and supplement Clause 4 and Clause 7 of Article 20 as follows:

"4. Preserve records of participation in unemployment insurance and provide information to workers about their unemployment insurance contributions within two working days from the date of the worker's request."

"7. Notify the local Employment Introduction Center about the number of employees working as of May 1, 2013 according to Form No. 27 issued together with this Circular within thirty days from the date mentioned above. For units established after April 15, 2013, they must notify the local Employment Introduction Center about the number of employees working at the unit within thirty days from the date of establishment according to Form No. 27 promulgated together with this Circular.

Before the 25th of each month, employers must notify the local Employment Introduction Center about changes in the number of employees working at the unit (from the 20th of the previous month to the 20th of the month of notification) according to Form No. 28 promulgated together with this Circular.

In case an employer reduces fifty or more employees, they must immediately notify the local Employment Introduction Center to provide timely advice and support to comply with the law."

10. Amend the form names issued together with Circular No. 32/2010/TT-LĐTBXH:

a) Repeal "Form No. 11" and "Form No. 12";

b) Amend "Form No. 13" to "Form No. 11";

c) Amend "Form No. 14" to "Form No. 12";

d) Amend "Form No. 15" to "Form No. 13";

đ) Amend "Form No. 16" to "Form No. 14";

e) Amend "Form No. 17" to "Form No. 15";

f) Amend "Form No. 18" to "Form No. 16";

g) Amend "Form No. 19" to "Form No. 17";

h) Amend "Form No. 20" to "Form No. 18";

i) Amend "Form No. 21" to "Form No. 19";

k) Amend "Form No. 22" to "Form No. 20".

Article 2. Effective Date

1. This Circular takes effect from April 15, 2013.

2. Workers who lose their jobs or terminate labor contracts or employment contracts before January 15, 2013 but are still within the seven-day registration period for unemployment benefits as stipulated in Clause 1 of Article 34 of Decree No. 127/2008/NĐ-CP on January 15, 2013 and have not yet registered for unemployment benefits may register for unemployment benefits with the Employment Introduction Center within three months from the date of losing their job or terminating their labor contract or employment contract.

3. For cases where the last day of the deadline set forth in this Circular falls on a public holiday or weekend, the last day of the deadline shall be the next working day. During implementation, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs for prompt guidance and supplementation.

During implementation, if there are any difficulties, please reflect them to the Ministry of Labor, Invalids and Social Affairs for prompt guidance and supplementation./.

DEPUTY MINISTER
DEPUTY MINISTER
(Signed)
Nguyen Thanh Hoa

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04/2013/TT-BLĐTBXH
Circular No. 04/2013/TT-BLDTBXH amending and supplementing certain articles of Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010 of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 127/2008/NĐ-CP dated December 12, 2008 of the Government detailing and guiding the implementation of some articles of the Law on Social Insurance regarding unemployment insurance.
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