Decree No. 127/2008/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Social Insurance Law concerning unemployment insurance.

DECREE

Detailed regulations and guidance on implementing certain provisions of the Social Insurance Law concerning unemployment insurance

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THE GOVERNMENT

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

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

Based on 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;

Considering the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides guidance on implementing certain provisions of the Social Insurance Law regarding the subjects and scope of application; rights and responsibilities of parties participating in unemployment insurance; unemployment insurance benefits; the unemployment insurance fund; procedures for implementing unemployment insurance; complaints and denunciations related to unemployment insurance, and other relevant provisions on unemployment insurance.

Article 2. Workers participating in unemployment insurance under Clause 3, Article 2 of the Social Insurance Law

1. Workers participating in unemployment insurance under Clause 3, Article 2 of the Social Insurance Law are Vietnamese citizens who enter into the following types of labor contracts or employment contracts with employers as stipulated in Article 3 of this Decree:

a) Fixed-term labor contracts from twelve to thirty-six months;

b) Indefinite-term labor contracts;

c) Fixed-term employment contracts from twelve to thirty-six months;

d) Indefinite-term employment contracts, including those recruited to work at state-run units before the issuance of Government Decree No. 116/2003/NĐ-CP dated October 10, 2003, which regulates recruitment, utilization, and management of cadres and civil servants in state-run units.

The individuals entering into the aforementioned types of labor contracts or employment contracts are collectively referred to as workers.

2. Individuals receiving monthly pensions or disability allowances who enter into labor contracts or employment contracts with employers as stipulated in Article 3 of this Decree according to the types of contracts specified in Clause 1 of this Article are not included in the category of workers participating in unemployment insurance.

Article 3. Employers participating in unemployment insurance under Clause 4, Article 2 of the Social Insurance Law are employers using ten (10) or more workers at the following agencies, units, organizations, and enterprises:

1. State agencies, state-run units, and people's armed forces units.

2. Political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, state-run units of political organizations, state-run units belonging to political-social organizations, and other social organizations.

3. Enterprises established and operating under the Enterprise Law and Investment Law.

4. Cooperatives and Cooperative Federations established and operating under the Cooperative Law.

5. Individual business households, cooperative groups, and other organizations and individuals employing workers on a contractual basis.

6. Foreign agencies, organizations, and international organizations operating within the territory of Vietnam that employ Vietnamese workers, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 4. State Management of Unemployment Insurance

1. The Government shall uniformly manage state affairs concerning unemployment insurance, direct the drafting, issuance, and implementation of regulatory legal documents, systems, and policies on unemployment insurance.

2. The Ministry of Labor, Invalids, and Social Affairs shall be responsible before the Government for managing state affairs concerning unemployment insurance, including:

a) Taking the lead and coordinating with ministries, sectors, agencies, and organizations to study and build regulations to submit to competent state authorities for issuance or to issue within their authority legal documents on unemployment insurance;

b) Taking the lead and coordinating with relevant ministries and sectors to disseminate and popularize systems, policies, and laws on unemployment insurance; implementing statistical work;

c) Directing and organizing the implementation of legal provisions on unemployment insurance;

d) Inspecting the implementation of legal provisions on unemployment insurance; resolving complaints and denunciations related to unemployment insurance;

đ) Performing specialized inspection functions regarding unemployment insurance;

e) Implementing international cooperation in the field of unemployment insurance in accordance with the law.

3. Ministries, ministerial-level agencies, and government agencies within the scope of their tasks and powers shall implement state management of unemployment insurance, including:

a) Cooperating with the Ministry of Labor, Invalids, and Social Affairs and relevant ministries and sectors in building laws and policies related to unemployment insurance;

b) Monitoring and inspecting the implementation of systems, policies, and laws on unemployment insurance within their authority;

c) Reporting to competent authorities within the scope and powers of state management of unemployment insurance.

4. People's Committees of provinces and centrally-administered cities shall implement state management of unemployment insurance within their localities. Departments of Labor, Invalids, and Social Affairs shall be responsible before the People's Committee of the province or centrally-administered city for performing state management functions concerning unemployment insurance, including:

a) Organizing vocational training, counseling, and job introduction for unemployed workers in their jurisdiction;

b) Monitoring and inspecting the implementation of laws on unemployment insurance;

c) Leading or coordinating with relevant agencies to inspect and audit the implementation of unemployment insurance systems and policies;

d) Recommending relevant ministries and sectors to resolve issues related to unemployment insurance within their authority;

đ) Annually reporting the situation of implementing laws on unemployment insurance according to the regulations of the Ministry of Labor, Invalids, and Social Affairs.

Article 5. Inspection of Unemployment Insurance under Article 10 of the Social Insurance Law

1. The Labor, Invalids, and Social Affairs Inspectorate shall perform specialized inspections on unemployment insurance with the following tasks:

a) Inspecting the implementation of systems, policies, and laws on unemployment insurance;

b) Inspecting the formation, management, and use of the unemployment insurance fund;

c) Verifying, concluding, and recommending the resolution of complaints and denunciations related to unemployment insurance according to the law;

d) Imposing administrative penalties within their authority for violations of laws on unemployment insurance; recommending competent agencies to handle violations of laws on unemployment insurance;

đ) Guiding and training specialized inspection skills on unemployment insurance.

2. The objects of specialized inspection on unemployment insurance include:

a) Workers as stipulated in Article 2 of this Decree;

b) Employers as stipulated in Article 3 of this Decree;

c) Vietnam Social Security;

d) Other organizations and individuals related to the implementation of unemployment insurance.

Article 6. Prohibited acts under Article 14 of the Social Insurance Law

1. Regarding unemployment insurance contributions:

a) Not making unemployment insurance contributions as prescribed by laws on unemployment insurance;

b) Making unemployment insurance contributions not in accordance with the levels prescribed in Article 102 of the Social Insurance Law;

c) Making unemployment insurance contributions not in accordance with the timeframes prescribed by laws on unemployment insurance;

d) Making unemployment insurance contributions for fewer employees than required to be compulsorily covered by unemployment insurance as stipulated in Article 2 of this Decree.

2. Fraudulent and false documentation in implementing unemployment insurance, including:

a) Falsely declaring or altering, erasing to misrepresent information related to unemployment insurance contributions and benefits;

b) Creating false documents for unemployment insurance benefits;

c) Issuing certificates incorrectly to serve as grounds for receiving unemployment insurance benefits.

3. Misusing the unemployment insurance fund for unauthorized purposes, policies, or regulations.

4. Causing inconvenience, hindrance, or damage to the legitimate rights and interests of workers, employers, including:

a) Creating difficulties, obstructing, or delaying workers' unemployment insurance contributions and benefit entitlements;

b) Causing inconvenience or hindrance in fulfilling employers' obligations to participate in unemployment insurance;

c) Failing to provide employment insurance participation records or returning such records to workers as prescribed.

5. Reporting false information or providing inaccurate data about unemployment insurance.

Chapter II

RIGHTS AND RESPONSIBILITIES OF WORKERS, EMPLOYERS, LABOR AUTHORITIES, AND THE SOCIAL INSURANCE AGENCY OF VIETNAM

Article 7. Rights of workers regarding unemployment insurance under Article 15 of the Social Insurance Law

1. Being confirmed fully about unemployment insurance contributions in the Social Insurance Number.

2. Receiving back the Employment Insurance Book when losing their job or terminating their labor contract or employment agreement.

3. Receiving full and timely unemployment insurance benefits as prescribed in Articles 16, 17, 18, and 19 of this Decree.

4. Authorizing another person to receive monthly unemployment assistance.

5. Requesting employers to provide information on unemployment insurance contributions; requesting labor authorities and social insurance organizations to provide relevant information on unemployment insurance.

6. Lodging complaints or reports with competent authorities when employers, labor authorities, or social insurance organizations violate unemployment insurance regulations.

7. Other rights as prescribed by law.

Article 8. Responsibilities of workers regarding unemployment insurance under Article 16 of the Social Insurance Law

1. Making unemployment insurance contributions sufficiently and correctly as prescribed in Clause 1 of Article 102 of the Social Insurance Law.

2. Implementing regulations on establishing unemployment insurance participation records.

3. Safeguarding and using the Employment Insurance Book as prescribed.

4. Registering with labor authorities when losing their job, terminating their labor contract, or employment agreement.

5. Monthly reporting to labor authorities on job search activities during the period of receiving unemployment assistance.

6. Accepting employment or participating in vocational training courses recommended by labor authorities during the period of receiving unemployment assistance.

Article 9. Rights of employers regarding unemployment insurance under Article 17 of the Social Insurance Law

1. Refuse to comply with requests that do not conform to the provisions of the law on unemployment insurance.

2. Lodge complaints or denunciations with competent authorities when workers, labor agencies, social insurance organizations violate regulations on unemployment insurance.

3. Other rights as prescribed by law.

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.

1. Pay unemployment insurance contributions fully and correctly as stipulated in Clause 2, Article 102 of the Social Insurance Law.

2. Safeguard workers' participation records in unemployment insurance during their employment at the unit.

3. Comply with regulations concerning the establishment of records for workers to pay and benefit from unemployment insurance.

4. Present relevant documents, records, and provide information upon request by competent state authorities during inspections or audits related to unemployment insurance.

5. Provide documents as prescribed in Clause 2, Article 37 of this Decree for workers to complete their unemployment insurance benefit application files.

6. To perform other responsibilities as prescribed by law.

Article 11. Rights of labor agencies in organizing the implementation of unemployment insurance policies

1. Refuse requests for benefits under unemployment insurance that do not comply with legal provisions.

2. Resolve complaints about unemployment insurance according to regulations.

3. Inspect the implementation of unemployment insurance.

4. Propose to competent authorities to establish, amend, or supplement unemployment insurance systems, policies, laws, and management of unemployment insurance funds.

5. Propose to competent authorities to handle violations of laws on unemployment insurance.

6. Other rights as prescribed by law.

Article 12. Responsibilities of labor agencies in organizing the implementation of unemployment insurance policies

1. Organize information dissemination and propaganda on unemployment insurance policies and laws.

2. Organize the acceptance of applications and resolution of unemployment insurance benefits according to regulations.

3. Organize counseling, job introduction, and vocational training for workers participating in unemployment insurance.

4. Resolve complaints and denunciations of organizations or individuals regarding the implementation of unemployment insurance benefits according to legal provisions.

5. Implement reporting requirements to state management agencies as prescribed by law.

6. Provide full and timely information on procedures for implementing unemployment insurance when requested by workers or trade unions.

7. Provide relevant documents and information upon request by competent authorities.

8. Store unemployment insurance records in accordance with legal provisions.

9. Participate in establishing, amending, or supplementing systems and policies related to unemployment insurance.

10. Organize professional training and research, application of science and technology in unemployment insurance.

11. Implement international cooperation and participate in scientific research on unemployment insurance.

12. Fulfill other responsibilities as prescribed by law.

Article 13. Rights of the Vietnam Social Security under Article 19 of the Social Insurance Law

1. Organize personnel, financial, and asset management in accordance with legal provisions.

2. Refuse payment requests for unemployment insurance benefits that do not comply with legal provisions.

3. Lodge complaints about unemployment insurance.

4. Inspect unemployment insurance payments.

5. Propose to competent authorities to establish, amend, or supplement unemployment insurance systems, policies, laws, and management of unemployment insurance funds.

6. Propose to competent authorities to handle violations of laws on unemployment insurance.

7. Other rights as prescribed by law.

Article 14. Responsibilities of the Vietnam Social Security under Article 20 of the Social Insurance Law

1. Propaganda and dissemination of unemployment insurance systems, policies, and laws; guidance on procedures for collecting and disbursing unemployment insurance for workers and employers who are eligible to participate in unemployment insurance.

2. Organize the collection of unemployment insurance.

3. Disburse unemployment benefits, vocational training support, counseling, and job placement services.

4. Contribute to health insurance for individuals receiving unemployment benefits.

5. Manage and utilize the unemployment insurance fund in accordance with the provisions of the law.

6. Implement measures to preserve and increase the unemployment insurance fund in accordance with the provisions of the law.

7. Organize statistical and accounting work related to unemployment insurance.

8. Apply information technology in managing unemployment insurance; store records of individuals participating in unemployment insurance in accordance with the provisions of the Social Insurance Law.

9. Report periodically every six months to the Management Council of the Social Security on the implementation of unemployment insurance. Annually, report to the Government and state management agencies on the implementation of collection, disbursement, management, and utilization of the unemployment insurance fund.

10. Provide full and timely information about contributions, entitlements, and procedures for implementing unemployment insurance when requested by workers or trade unions.

11. Provide relevant materials and information upon request from authorized agencies.

12. Resolve complaints and denunciations regarding the implementation of unemployment insurance within their authority.

13. Fulfill other responsibilities as prescribed by law.

Chapter III

UNEMPLOYMENT INSURANCE REGIMES

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

1. Having paid unemployment insurance for at least twelve months within twenty-four months prior to losing employment or terminating a labor contract in accordance with labor law regulations or terminating a service contract in accordance with civil servant and public official law regulations.

2. Registering with the labor agency when losing employment, terminating a labor contract, or a service contract.

3. Not finding employment within fifteen days from the date of registration with the labor agency as stipulated in Clause 2 of this Article.

Article 16. Unemployment Benefits under Article 82 of the Social Insurance Law

1. Unemployment benefit is a monthly payment made to workers participating in unemployment insurance who have become unemployed and meet the conditions for receiving unemployment insurance as stipulated in Article 15 of this Decree or to the person authorized as stipulated in Clause 4 of Article 7 of this Decree.

2. The monthly amount of unemployment benefit equals 60% of the average monthly salary or wage paid for unemployment insurance over the six consecutive months immediately preceding the loss of employment or termination of a labor contract in accordance with labor law regulations or termination of a service contract in accordance with civil servant and public official law regulations.

3. The duration of monthly unemployment benefit receipt depends on the period of employment during which unemployment insurance was paid by the worker, and the total duration of monthly unemployment benefit receipt is implemented according to the provisions of Clause 2 of Article 82 of the Social Insurance Law.

Article 17. Vocational Training Support under Article 83 of the Social Insurance Law

1. The organization and implementation of vocational training support for workers receiving unemployment benefits shall be carried out by the labor agency through vocational training institutions.

2. The level of vocational training support for workers receiving unemployment benefits is equivalent to the cost of short-term vocational training as prescribed by vocational training law.

3. The period of vocational training support does not exceed six months counted from the date the worker begins to receive monthly unemployment benefits.

Article 18. Job-seeking support under Article 84 of the Social Insurance Law

1. The organization of providing free job counseling and job introduction services for workers receiving unemployment benefits shall be carried out by labor authorities through employment service centers.

2. The period during which job counseling and job introduction services are provided shall be counted from the date the worker begins to receive monthly unemployment benefits and shall not exceed the total duration of unemployment benefits that the worker is entitled to according to Clause 2 of Article 82 of the Social Insurance Law.

Article 19. Health insurance under Article 85 of the Social Insurance Law

1. Workers receiving unemployment benefits shall enjoy health insurance benefits.

2. The Social Insurance Organization shall pay health insurance premiums for workers receiving unemployment benefits.

Article 20. Time of enjoyment of unemployment insurance

Workers who meet the conditions for enjoying unemployment insurance as stipulated in Article 15 of this Decree shall enjoy unemployment insurance benefits starting from the 16th day following the registration date as prescribed in Clause 2 of Article 15 of this Decree.

Article 21. Duration of unemployment insurance contributions

The duration of unemployment insurance contributions specified in this Decree for the purpose of enjoying unemployment insurance benefits is the cumulative total of all periods of unemployment insurance contributions made from the start of unemployment insurance contributions until the worker loses their job or terminates their labor contract in accordance with labor laws or terminates their employment contract in accordance with civil servant and public official laws without having received unemployment benefits.

Article 22. Suspension of unemployment benefit payments under Article 86 of the Social Insurance Law

1. Workers receiving monthly unemployment benefits shall have their unemployment benefits suspended if they fall into any of the following cases:

a) Failure to report monthly to the labor authority on job search activities;

b) Being temporarily detained.

2. Monthly unemployment benefit payments shall resume in the following month in the following cases:

a) The worker is still within the period of entitlement to unemployment benefits as stipulated in Clause 2 of Article 82 of the Social Insurance Law and continues to report monthly to the labor authority on job search activities;

b) The worker is still within the period of entitlement to unemployment benefits as stipulated in Clause 2 of Article 82 of the Social Insurance Law after being temporarily detained.

Article 23. Termination of unemployment benefit payments under Article 87 of the Social Insurance Law

1. Workers receiving unemployment benefits shall have their unemployment benefits terminated if they fall into any of the cases prescribed in Clause 1 of Article 87 of the Social Insurance Law.

2. Workers whose unemployment benefits are terminated due to the cases prescribed in points b and c of Clause 1 of Article 87 of the Social Insurance Law shall receive a one-time lump sum payment equivalent to the total value of the remaining unemployment benefits they would have been entitled to according to Clause 2 of Article 82 of the Social Insurance Law.

Article 24. Recalculation of unemployment insurance contribution period under Clause 3 of Article 87 of the Social Insurance Law

1. After termination of unemployment benefits as stipulated in Article 23 of this Decree, the unemployment insurance contribution period previously counted towards monthly unemployment benefits for the worker shall not be counted towards unemployment benefits for subsequent job loss or termination of labor contracts or employment contracts.

2. The unemployment insurance contribution period for subsequent employment shall be recalculated from the beginning.

Chapter IV

THE EMPLOYMENT INSURANCE FUND

Article 25. Sources for forming the Unemployment Insurance Fund pursuant to Article 102 of the Social Insurance Law

1. Workers contribute at a rate of 1% of their monthly salary or wage for unemployment insurance.

2. Employers contribute at a rate of 1% of the total salary or wage fund of workers participating in unemployment insurance.

3. Monthly, the State supports from the State budget at a rate of 1% of the total salary or wage fund of workers participating in unemployment insurance, with annual transfers.

4. Profits from investment activities of the fund.

5. Other lawful sources of income.

Article 26. Methods of paying unemployment insurance contributions

1. Monthly, employers pay unemployment insurance contributions according to the provisions of Clause 2, Article 102 of the Social Insurance Law, and deduct the contributions from each worker's salary or wage according to the provisions of Clause 1, Article 102 of the Social Insurance Law, making the payments simultaneously into the Unemployment Insurance Fund.

2. The time for employers to pay unemployment insurance contributions shall be determined by the Vietnam Social Security.

3. Annually, the State transfers a portion of the State budget into the Unemployment Insurance Fund according to the provisions of Clause 3, Article 102 of the Social Insurance Law.

The Ministry of Finance shall provide detailed guidance on the support of funds from the State budget to implement unemployment insurance policies as stipulated herein.

Article 27. Monthly Salary or Wage for Unemployment Insurance Contributions Pursuant to Article 105 of the Social Insurance Law

1. For workers subject to state-prescribed salary systems, the monthly salary for unemployment insurance contributions is the salary based on rank and grade, plus position allowances, seniority allowances exceeding the ceiling, and occupational seniority allowances (if applicable).

This salary is calculated based on the general minimum wage at the time of unemployment insurance contributions.

2. For workers who pay unemployment insurance contributions under the salary system decided by the employer, the monthly salary or wage for unemployment insurance contributions is the salary or wage recorded in the labor contract or employment agreement.

3. In cases where the monthly salary or wage stipulated in Clauses 1 and 2 of this Article exceeds 20 times the general minimum wage, the monthly salary or wage for unemployment insurance contributions shall be equal to 20 times the general minimum wage at the time of unemployment insurance contributions.

Article 28. Utilization of the Unemployment Insurance Fund Pursuant to Article 103 of the Social Insurance Law

1. Monthly payment of unemployment benefits to workers entitled to unemployment insurance benefits as prescribed in Article 16 of this Decree.

2. Support for vocational training for workers receiving monthly unemployment benefits as prescribed in Article 17 of this Decree.

3. Support for job search for workers receiving monthly unemployment benefits as prescribed in Article 18 of this Decree.

4. Payment of health insurance premiums for workers receiving monthly unemployment benefits as prescribed in Article 19 of this Decree.

5. Management costs of unemployment insurance.

6. Investment to preserve and grow the fund as prescribed.

Article 29. Management Costs Pursuant to Article 104 of the Social Insurance Law

Annual management costs of unemployment insurance are deducted from the Unemployment Insurance Fund and are equivalent to the administrative management costs of government agencies as prescribed by the Government.

Article 30. Management of the Unemployment Insurance Fund

1. The Vietnam Social Security shall carry out the collection, disbursement, and management of the Unemployment Insurance Fund and open deposit accounts for the Unemployment Insurance Fund at the State Treasury System and the State Commercial Banking System. The balance on the deposit account shall earn interest rates as prescribed by the State Treasury and State Commercial Banks.

2. Annually, the organization of the Vietnam Social Security shall be responsible for settling the collection and disbursement of the Unemployment Insurance Fund; management expenses shall be disbursed according to regulations.

Article 31. Investment Activities from the Fund Specified in Clause 6, Article 103 of the Social Insurance Law

1. The Vietnam Social Security shall be responsible for implementing measures to preserve and increase the value of the Unemployment Insurance Fund from temporarily idle funds. Investment activities of the Unemployment Insurance Fund must ensure safety, effectiveness, and recoverability when necessary.

2. The Management Council of the Vietnam Social Security shall decide on investment in the following forms:

a) Purchasing government bonds, treasury bills, and national securities;

b) Lending to state commercial banks, the Vietnam Development Bank, and policy banks;

c) Other investment forms decided by the Management Council of the Vietnam Social Security.

3. Profits from investments and annual growth of the Unemployment Insurance Fund shall be supplemented into the Unemployment Insurance Fund.

Article 32. Financial Plan

1. Annually, the Vietnam Social Security shall prepare a financial plan regarding the collection and disbursement of the Unemployment Insurance Fund (including the portion supported by the state budget as stipulated in Clause 3, Article 25 of this Decree); management expenses for unemployment insurance; investment growth to be reviewed by the Management Council of the Vietnam Social Security and reported to the Ministry of Finance and the Ministry of Labor, Invalids, and Social Affairs.

The Ministry of Finance shall consolidate and submit to the Prime Minister for decision on the allocation of the financial plan.

2. Based on the financial plan allocated by the Prime Minister, the General Director of the Vietnam Social Security shall decide on the assignment of tasks for collection and disbursement to units responsible for implementation.

Article 33. Inspection, Audit, and Review of Financial Activities of the Unemployment Insurance Fund

The Unemployment Insurance Fund shall be subject to inspection, audit, and review of its financial activities by state financial management agencies and state auditing bodies.

Chapter V

PROCEDURES FOR UNEMPLOYMENT INSURANCE

Article 34. Registration and Notification of Job Search with the Labor Authority as Specified in Clauses 4 and 5 of Article 8 of this Decree

1. Within seven working days from the date of job loss or termination of the labor contract or employment contract, workers must register with the labor authority.

2. During the period of receiving unemployment benefits, unemployed individuals must report monthly to the labor authority about their job search activities.

Article 35. Records of Contributions and Benefits for Unemployment Insurance

1. The records of contributions and benefits for unemployment insurance and to implement unemployment insurance as prescribed in this Decree are the Social Insurance Booklet.

2. The Vietnam Social Security shall issue the Social Insurance Booklet to meet the requirements for implementing unemployment insurance.

Article 36. Application for Participation in Unemployment Insurance as Specified in Article 110 of the Social Insurance Law

Within thirty working days from the date of signing the labor contract or employment contract, employers as specified in Article 3 of this Decree shall submit applications for participation in unemployment insurance for themselves and their employees to the social insurance organization, including:

1. Individual declaration forms of employees as prescribed by the Ministry of Labor, Invalids, and Social Affairs.

2. Lists of employees participating in unemployment insurance prepared by employers as prescribed by the Ministry of Labor, Invalids, and Social Affairs.

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

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

2. A copy of the labor contract, employment contract that has expired or the agreement to terminate the labor contract, employment contract, or confirmation from the last unit before unemployment regarding the unilateral termination of the labor contract, employment contract in accordance with the law.

Article 38. Resolution of Unemployment Insurance Benefits

1. Workers submit the documents for unemployment insurance benefits as stipulated in Article 37 of this Decree to the labor authority.

2. The labor authority shall be responsible for resolving within twenty days from the date of receiving all required documents as stipulated in Article 37 of this Decree; in case of non-resolution, it must reply in writing and specify the reasons.

Chapter VI

APPEAL AND COMPLAINTS REGARDING UNEMPLOYMENT INSURANCE

Article 39. Persons appealing regarding unemployment insurance under Article 130 of the Social Insurance Law include:

1. Workers as stipulated in Article 2 of this Decree;

2. Persons currently receiving monthly unemployment assistance;

3. Persons preserving time for unemployment insurance contributions;

4. Persons temporarily suspended from receiving monthly unemployment assistance;

5. Persons whose monthly unemployment assistance has been terminated;

6. Employers as stipulated in Article 3 of this Decree.

Article 40. Competence, procedures for handling appeals regarding unemployment insurance under Clause 2 of Article 131 of the Social Insurance Law

1. Competence to resolve appeals regarding unemployment insurance:

a) Employers, heads of labor authorities, heads of social insurance agencies have the responsibility to resolve initial appeals against their decisions or actions concerning unemployment insurance that are being appealed.

In cases where the employer no longer exists and has made decisions or taken actions concerning unemployment insurance that are being appealed, the local labor management agency at the district level shall be responsible for resolving.

b) The Director of the Department of Labor, War Invalids and Social Affairs has the competence to resolve appeals regarding unemployment insurance against the decision on appeal resolution made by employers, heads of labor authorities, or heads of social insurance agencies, which the appellant does not agree with or if the appeal is not resolved within the prescribed time limit and during the same period, the appellant does not file a lawsuit with the court.

2. Procedures and processes for filing and resolving initial appeals regarding unemployment insurance.

a) When discovering decisions or actions concerning unemployment insurance that violate the law and infringe upon the legitimate rights and interests of the appellant, the appellant sends the appeal letter to the person or organization that issued the decision or took the action.

b) Upon receipt of the initial appeal letter, the person or organization with the decision or action being appealed must consider accepting and resolving the appeal.

c) The time limit for filing an appeal, the appeal procedure, and the time limit for resolving the initial appeal are carried out in accordance with the law on appeals and complaints.

3. Procedures and processes for filing and resolving second-level appeals regarding unemployment insurance.

a) In cases where the appellant disagrees with the decision on resolving the initial appeal or if the initial appeal is not resolved within the prescribed time limit, the appellant has the right to appeal to the Director of the Department of Labor, War Invalids and Social Affairs or file a lawsuit with the court.

b) In cases where the appellant disagrees with the decision on resolving the appeal by the Director of the Department of Labor, War Invalids and Social Affairs or if the appeal is not resolved within the prescribed time limit, the appellant may file a lawsuit with the court.

c) The time limit for filing an appeal, the appeal procedure, and the time limit for resolving the second-level appeal are carried out in accordance with the law on appeals and complaints.

Chapter VII

IMPLEMENTING PROVISIONS

Article 41. Transitional provisions according to Clause 6, Article 139 of the Social Insurance Law

1. The period during which workers contribute to unemployment insurance as stipulated in Clause 1, Article 102 of the Social Insurance Law shall not be counted towards receiving severance pay or job loss allowance as prescribed by labor laws and civil servant laws.

2. The actual working time of workers under labor contracts or employment contracts with employers without having to contribute to unemployment insurance shall be counted towards eligibility for severance pay or job loss allowance as prescribed by current labor laws or severance pay as prescribed by civil servant laws.

The wage or remuneration serving as the basis for calculating severance pay and job loss allowance under labor laws is the wage or remuneration stipulated in the labor contract, averaged over the six consecutive months immediately preceding job loss or termination of the labor contract, including position-based wages, rank-based wages, regional allowances, leadership position allowances (if applicable).

The wage serving as the basis for calculating severance pay under civil servant laws is the grade-based wage, rank-based wage, leadership position allowance, regional allowance, seniority allowance exceeding the ceiling, and retention coefficient (if applicable) at the time of resignation.

3. The period during which employers contribute to unemployment insurance for workers as stipulated in Clause 2, Article 102 of the Social Insurance Law shall be counted towards exemption from responsibility for job loss allowance or severance pay as prescribed by labor laws and civil servant laws.

Article 42. Responsibilities of Ministries and Sectors

1. The Ministry of Labor, Invalids and Social Affairs shall be responsible for guiding the implementation of this Decree.

2. The Ministry of Finance shall be responsible for guiding the financial regime for the unemployment insurance fund.

3. Other relevant ministries and sectors within their respective functions, tasks, and authorities shall be responsible for guiding the implementation of this Decree.

This Decree takes effect from January 1, 2009.

Article 43. Effective Date

This Decree shall take effect from January 1, 2009.

Article 44. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.