Joint Circular No. 14/2013/TTLT-BLDTBXH-BQP-BCA guiding the implementation of Clause 2, Article 10 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, which has been amended and supplemented by Decree No. 100/2012/NĐ-CP dated November 21, 2012 of the Government regarding notification to labor authorities when there is labor movement at units under the armed forces.

JOINT CIRCULAR

Guidelines for implementing Clause 2, Article 10 of Decree No. 127/2008/ND-CP dated December 12, 2008 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding unemployment insurance, which has been amended and supplemented by Decree No. 100/2012/ND-CP dated November 21, 2012 of the Government concerning notification to labor authorities when there is labor movement at units under armed forces.

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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. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 127/2008/ND-CP dated December 12, 2008 of the Government detailing and guiding the implementation of certain provisions of the Social Insurance Law regarding unemployment insurance, which has been amended and supplemented by Decree No. 100/2012/ND-CP dated November 21, 2012 of the Government (hereinafter referred to as Decree No. 127/2008/ND-CP as amended and supplemented).

The Ministers of the Ministry of Labor - Invalids and Social Affairs, the Ministry of National Defense, and the Ministry of Public Security issue this Circular to guide the implementation of Clause 2, Article 10 of Decree No. 127/2008/ND-CP as amended and supplemented regarding notification to labor authorities when there is labor movement at units under armed forces.

Article 1. Scope and Applicability

1. This Circular guides the implementation of Clause 2, Article 10 of Decree No. 127/2008/ND-CP as amended and supplemented regarding notification to labor authorities about labor movement working under labor contracts at units under the Ministry of National Defense and the Ministry of Public Security (hereinafter collectively referred to as units).

2. This Circular applies to units under the Ministry of National Defense and the Ministry of Public Security that use labor under labor contracts, relevant agencies, and individuals.

Article 2. Notification to labor authorities when there is labor movement working under labor contracts at units under the Ministry of National Defense and the Ministry of Public Security as stipulated in Clause 2, Article 10 of Decree No. 127/2008/ND-CP as amended and supplemented.

1. The following cases shall be considered as labor movement in units:

a) Increase in labor;

b) Decrease in labor;

3. During the implementation process, if there are any difficulties, please reflect them to the Ministry of Labor - Invalids and Social Affairs, the Ministry of National Defense and the Ministry of Public Security for timely consideration and resolution./.

2. Units under the Ministry of National Defense and the Ministry of Public Security shall report the number of increased labor, the number of decreased labor, reasons for increase and decrease; the number of labor temporarily suspended from performing labor contracts.

3. The Ministry of National Defense and the Ministry of Public Security shall be responsible for compiling the situation of labor movement in units and regularly reporting every six months (before July 15) and annually (before January 15 of the following year) to the Ministry of Labor - Invalids and Social Affairs (Employment Bureau) about the situation of labor movement according to Model No. 1 issued together with this Circular.

4. If units under the Ministry of National Defense and the Ministry of Public Security reduce or plan to reduce 100 or more workers, they must immediately report to the Ministry of National Defense and the Ministry of Public Security to notify the Ministry of Labor - Invalids and Social Affairs (Employment Bureau).

5. The Ministry of National Defense and the Ministry of Public Security shall be responsible for compiling the situation of labor use in units and reporting to the Ministry of Labor - Invalids and Social Affairs (Employment Bureau) about the total number of workers currently working as of December 31, 2013 according to Model No. 2 issued together with this Circular within thirty days from the date mentioned above.

Article 3. Implementation Organization

1. The Social Insurance Department of the Ministry of National Defense assists the Minister of the Ministry of National Defense in guiding units to report and compile results of labor movement situations according to this Circular and coordinating with relevant ministries, sectors, and localities to resolve related issues and problems arising.

2. The Social Insurance Department of the People's Public Security assists the Minister of the Ministry of Public Security in guiding units to report and compile results of labor movement situations according to this Circular and coordinating with relevant ministries, sectors, and localities to resolve related issues and problems arising.

3. The Employment Bureau assists the Minister of the Ministry of Labor - Invalids and Social Affairs in compiling the situation of labor movement working under labor contracts at units under the Ministry of National Defense and the Ministry of Public Security reported by the Ministry of National Defense and the Ministry of Public Security according to this Circular and coordinating with relevant ministries, sectors, and localities to resolve related issues and problems arising.

Article 4. Effective date

1. This Circular shall take effect from January 1, 2014.

2. During the implementation process, if there are difficulties, please reflect them to the Ministry of Labor - Invalids and Social Affairs, the Ministry of National Defense, and the Ministry of Public Security for timely consideration and resolution.