Decree No. 100/2012/ND-CP amending and supplementing certain articles of Decree No. 127/2008/ND-CP dated December 12, 2008 of the Government detailing and guiding the implementation of some provisions of the Social Insurance Law on unemployment insurance.

DECREE

Amending and supplementing 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

Pursuant to the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002; the Law Amending and Supplementing Certain Provisions of the Labor Code dated June 29, 2006;

The Government promulgates this Decree amending and supplementing 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.

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

Article 1. Amending and supplementing 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 as follows:

Pursuant to the Social Insurance Law dated June 29, 2006;

Decree No. 07/2021/NĐ-CP

1. Amending and supplementing Point d Clause 1 Article 2 as follows:

"d) An indefinite-term employment contract."

2. Supplementing Clause 3 Article 2 as follows:

"3. A worker who takes leave for maternity or sickness benefits for fourteen working days or more in a month without receiving salary or wages at the workplace but instead receives social insurance benefits; a worker whose labor contract or employment contract is temporarily suspended according to the law shall not be considered an unemployment insurance beneficiary during this period."

3. Amending Clause 3 and supplementing Clauses 7 and 8 Article 8 as follows:

"3. Keeping and using the Social Insurance Book during the unemployment period."

"7. Receiving notifications about non-receipt of unemployment benefits, decisions on receipt of unemployment benefits, decisions on one-time benefits, decisions on vocational training support, decisions on suspension of unemployment benefits, decisions on continuation of unemployment benefits, and decisions on termination of unemployment benefits according to the guidelines of the Ministry of Labor, War Invalids and Social Affairs."

8. Fulfilling all legal regulations on unemployment insurance and other legal regulations."

Article 10. Obligations of employers regarding unemployment insurance under Article 18 of the Social Insurance Law

1. Identifying unemployment insurance beneficiaries and implementing procedures and processes for participation in unemployment insurance according to the law.

4. Amend and supplement Article 10 as follows:

"2. Notifying the labor authority of changes in workforce at the unit according to the guidelines of the Ministry of Labor, War Invalids and Social Affairs. For units under the armed forces, the Ministry of Labor, War Invalids and Social Affairs shall take the lead and coordinate with the Ministry of Public Security and the Ministry of National Defense to guide implementation.

3. Paying unemployment insurance contributions accurately, sufficiently, and promptly according to the law.

4. Storing workers' and employers' unemployment insurance records while the workers are employed at the unit.

5. Presenting relevant documents, records, and providing information upon request by competent state authorities during inspections and audits related to unemployment insurance.

6. Providing information to workers about their unemployment insurance contributions within two working days from the date the worker requests.

7. Providing documents as stipulated in Clause 2 Article 37 of this Decree to workers to complete their unemployment insurance benefit application forms.

8. Fulfilling other responsibilities as prescribed by law."

7. Provide the documents specified in Clause 2, Article 37 of this Decree to workers to complete the unemployment insurance claim file.

8. Fulfill other responsibilities as prescribed by law.

5. Amending and supplementing Article 15 as follows:

"Article 15. Conditions for Unemployment Insurance Benefits under Article 81 of the Social Insurance Law

An unemployed person who has been contributing to unemployment insurance and loses their job or terminates their labor contract or employment contract shall be entitled to unemployment insurance benefits if they meet the following conditions:

1. Having contributed to unemployment insurance for at least twelve months within the twenty-four months prior to losing their job or terminating their labor contract or employment contract, as prescribed by law.

The month of unemployment insurance contribution of a worker 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 employment contract for at least one day in that month.

2. Registering as unemployed with the labor authority when losing their job or terminating their labor contract or employment contract.

3. Not having found employment within fifteen days from the date of registering with the labor authority as stipulated in Clause 2 of this Article.

6. Amend and supplement Clause 2, Clause 3 of Article 17 as follows:

"2. The amount of vocational training support for workers receiving unemployment benefits shall be determined based on the cost of vocational training for each profession. The amount of vocational training support shall be calculated monthly based on the training cost for each profession. The specific amount of vocational training support shall be prescribed by The Prime Minister.

7. Amend and supplement Article 34 as follows:

"Article 34. Registration of unemployment and notification of job search to the labor authority
1. Within three months from the date of losing their job or terminating their labor contract or employment contract, if a worker does not have a job and wishes to receive unemployment benefits, they must register as unemployed with the labor authority.

2. Monthly, workers receiving unemployment benefits must personally report to the labor authority about their job search efforts."

8. Amend and supplement Article 37 as follows:

"Article 37. Documents for Unemployment Insurance Benefits under Article 125 of the Social Insurance Law are specified as follows:

1. A request form for unemployment insurance benefits according to the model prescribed by the Ministry of Labor, Invalids and Social Affairs.

2. A copy of the labor contract or employment contract that has expired or an agreement to terminate the labor contract or employment contract, or confirmation from the last unit before unemployment regarding unilateral termination of the labor contract or employment contract, as guided by the Ministry of Labor, Invalids and Social Affairs.

3. When submitting the documents for unemployment insurance benefits, the worker must present the Social Insurance Book or a confirmation from the Social Insurance Authority regarding unemployment insurance contributions."

9. Amend and supplement Article 38 as follows:

"Article 38. Resolution of Unemployment Insurance Benefits as prescribed in Article 126 of the Social Insurance Law

1. Within fifteen working days from the date of registering as unemployed, the worker must personally submit the documents for unemployment insurance benefits as stipulated in Article 37 of this Decree to the labor authority where the worker registered as unemployed or the labor authority where the worker transferred to receive unemployment insurance benefits.

2. Within twenty working days from the date of receiving complete and valid documents as stipulated in Article 37 of this Decree, the labor authority is responsible for accepting, reviewing, and resolving unemployment insurance benefits; if not resolved, it must provide a written response and specify the reasons.

3. Within fifteen working days from the date of receiving the request for vocational training support from the unemployed person, the labor authority is responsible for resolving it; if not resolved, it must provide a written response and specify the reasons.

4. Within five working days from the date of receiving the decision on unemployment benefits from the labor authority, the Social Insurance Authority shall implement monthly payment or lump-sum payment of unemployment benefits to the worker. If the Social Insurance Authority fails to make payments as prescribed or refuses to pay unemployment benefits contrary to the provisions of the law, the Social Insurance Authority must notify the labor authority and the worker in writing and specify the reasons.

5. In case the worker does not accept the decision on unemployment benefits, the decision on vocational training support, or does not wish to receive unemployment benefits, it shall be implemented according to the regulations of the Ministry of Labor, Invalids and Social Affairs."

Article 2. Effectiveness and responsibility for implementation

1. This Decree takes effect from January 15, 2013.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.