Circular No. 32/2010/TT-BLDTBXH 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 Social Insurance Law on unemployment insurance.

CIRCULAR

Guidelines for Implementing 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

Law on Social Insurance regarding Unemployment Insurance

_________________________________

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

Based on 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 regarding unemployment insurance;

The Ministry of Labor, Invalids and Social Affairs hereby issues guidelines for implementing 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 (hereinafter referred to as Decree No. 127/2008/NĐ-CP) as follows:

I. OBJECTS AND SCOPE OF APPLICATION

Article 1. Scope and Applicability

The objects and scope of application of this Circular are those specified in Article 1, Article 2, and Article 3 of Decree No. 127/2008/NĐ-CP, except for individuals who are civil servants as defined in Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government stipulating those who are civil servants.

For individuals receiving monthly pension or disability allowance who have entered into labor contracts or employment contracts with employers not falling within the category of persons participating in unemployment insurance.

II. UNEMPLOYMENT INSURANCE BENEFITS

Article 2. Conditions for Receiving Unemployment Insurance

An unemployed person is entitled to unemployment insurance benefits if they meet the conditions set forth in Article 15 of Decree No. 127/2008/NĐ-CP, which are implemented as follows:

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 in accordance with the law.

A month of unemployment insurance contribution by a worker is counted if both the employer and the worker have made contributions to unemployment insurance, and the worker has performed their labor contract or employment contract for at least one day in that month.

2. Registering as unemployed with the Employment Service Center under the Department of Labor, Invalids and Social Affairs, or a centrally-administered city (hereinafter referred to as the Employment Service Center) when losing their job or terminating their labor contract or employment contract in accordance with the law.

3. Not having found employment within fifteen working days from the date of registering as unemployed with the Employment Service Center as stipulated in Clause 2 of this Article (the first day among the fifteen days mentioned above is the day following the day the worker registers as unemployed, calculated according to working days).

Working days apply to all cases in this Circular, being from the second to the sixth day of each week.

Article 3. Unemployment Allowance

1. The level of unemployment allowance stipulated in Clause 2 of Article 16 of Decree No. 127/2008/NĐ-CP is implemented as follows:

The monthly unemployment allowance equals 60% of the average monthly salary or wage of the six consecutive months immediately preceding the loss of employment or termination of the labor contract or employment contract in accordance with the law.

In cases where the last few months before unemployment, the worker had interrupted contributions to unemployment insurance, the six consecutive months for calculating the unemployment allowance shall be the average of the six months of unemployment insurance contributions immediately preceding the loss of employment or termination of the labor contract or employment contract in accordance with the law.

2. The duration of entitlement to unemployment allowance stipulated in Clause 3 of Article 16 of Decree No. 127/2008/NĐ-CP is implemented as follows:

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

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

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

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

The months of entitlement to unemployment allowance mentioned above are calculated according to the Gregorian calendar. Each month of entitlement to unemployment allowance is counted from the day the worker begins to receive unemployment allowance in accordance with Clause 3 of this Article to the corresponding day of the following month minus one day.

Example 1:

Mr. Cao Van is entitled to three months of unemployment allowance, starting from August 15, 2010. Therefore, Mr. Cao Van is entitled to unemployment allowance for the following months:

- The first month of unemployment allowance from August 15, 2010 to September 14, 2010;

- The second month of unemployment allowance from September 15, 2010 to October 14, 2010;

- The third month of unemployment allowance from October 15, 2010 to November 14, 2010.

3. The time point for enjoying unemployment insurance benefits as stipulated in Article 20 of Decree No. 127/2008/NĐ-CP is implemented as follows:

The time point for enjoying unemployment insurance benefits is calculated from the sixteenth day and according to working days from the date of registering as unemployed as stipulated.

4. Suspension of unemployment allowance as stipulated in Clause 1 of Article 22 of Decree No. 127/2008/NĐ-CP is implemented as follows:

A worker receiving monthly unemployment allowance will have their unemployment allowance suspended if they fall into any of the following situations:

a) A worker receiving unemployment allowance does not directly report to the Employment Service Center where they are receiving unemployment allowance about their job search activities as required every month.

b) A worker receiving unemployment allowance is temporarily detained pursuant to a decision by a competent state agency.

A worker receiving unemployment allowance whose unemployment allowance is suspended due to the two situations mentioned above during the days of the month they are receiving unemployment allowance will still receive unemployment allowance for the entire month.

5. Cases of suspension of unemployment allowance that continue to receive monthly unemployment allowance as stipulated in Clause 2 of Article 22 of Decree No. 127/2008/NĐ-CP are implemented as follows:

a) The worker is still within the period of receiving unemployment benefits as stipulated in Clause 2 of this Article and continues to report monthly in accordance with regulations to the Employment Service Center regarding job search activities.

b) The worker is still within the period of receiving unemployment benefits as stipulated in Clause 2 of this Article after being temporarily detained.

6. A worker who is receiving unemployment benefits and whose receipt of such benefits is terminated pursuant to Clause 1 of Article 23 of Decree No. 127/2008/ND-CP shall be implemented as follows:

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

b) Finding employment.

The worker is determined to have employment under one of the following circumstances:

- Has entered into a labor contract or a working contract (including a probationary period with remuneration) for at least three months;

- Has been issued a recruitment decision for cases not covered by labor contracts or working contracts;

- An individual business owner or a sole proprietorship has a business registration certificate issued by the competent authority.

c) Performing military service obligations.

d) Receiving pension benefits according to the decision of the competent authority.

Within three working days from the date of receiving the decision on monthly pension benefits, the worker who is receiving unemployment benefits must notify in writing about the decision on monthly pension benefits, the date of commencement of pension benefits to the Employment Service Center where they are receiving unemployment benefits.

đ) After two refusals to accept job offers introduced by the Employment Service Center without valid reasons.

A worker who is receiving unemployment benefits and refuses to accept job offers under one of the following circumstances shall be considered as having no valid reasons:

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

- Refuses job offers 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.

h) Serving a criminal sentence or administrative sanction measures at a reformatory school, educational institution, medical facility, or serving a prison sentence without suspended sentence.

i) Death.

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

7. In the case where a worker who is receiving unemployment benefits is terminated from receiving such benefits according to paragraph b, c of Clause 6 of this Article, the worker will receive a one-time benefit equivalent to the total amount of unemployment benefits for the remaining period of unemployment benefits.

8. Unemployment benefits are paid by the Vietnam Social Security.

Article 4. Vocational Training Support

1. Workers who are receiving unemployment benefits and are entitled to vocational training support as stipulated in Clause 1 of Article 17 of Decree No. 127/2008/ND-CP shall be implemented as follows:

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

2. The level of vocational training support as stipulated in Clause 2 of Article 17 of Decree No. 127/2008/ND-CP shall be implemented as follows:

The level of vocational training support for workers who are receiving unemployment benefits is equal to the cost of basic-level vocational training as prescribed by laws on vocational training.

If workers who are receiving unemployment benefits wish to participate in vocational training with costs higher than the basic-level vocational training costs as prescribed by law, the excess cost shall be borne by the worker.

3. The duration of vocational training support as stipulated in Clause 3 of Article 17 of Decree No. 127/2008/ND-CP shall be implemented as follows:

The duration of vocational training support depends on the training period of each trade and each worker, but not exceeding six months. The start time for vocational training support is calculated from the date 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, and the Director of the Department of Labor, Invalids, and Social Affairs shall decide on vocational training support within ten working days from the date of receipt of the worker's request for vocational training support.

If a worker has exhausted their period of receiving unemployment benefits as prescribed but continues to participate in vocational training or starts vocational training according to the decision of the Director of the Department of Labor, Invalids, and Social Affairs, they will still be supported for vocational training until the end of the training period.

Example 2:

Mr. Dao Van Quang received unemployment benefits for three months from June 10 to August 9, 2010. On July 15, 2010, Mr. Quang requested to participate in welding vocational training and submitted a request for vocational training support. In July 2010, the Director of the Department of Labor, Invalids, and Social Affairs made a decision to support vocational training. Mr. Quang was supported for welding vocational training for six months, but the training course began in September when Mr. Quang had already exhausted his unemployment benefits period. Therefore, Mr. Quang was still supported for vocational training until the end of the prescribed support period of six months.

Example 3:

Mr. Dang Quang Khanh received unemployment benefits for three months from May 1 to July 31, 2010. On July 30, 2010, Mr. Khanh requested to participate in welding vocational training and submitted a request for vocational training support. On August 5, 2010 (when Mr. Khanh had already exhausted his unemployment benefits period), the Director of the Department of Labor, Invalids, and Social Affairs made a decision to support vocational training. Mr. Khanh was supported for welding vocational training for six months, but the training course began in October when Mr. Khanh had already exhausted his unemployment benefits period. Therefore, Mr. Khanh was still supported for vocational training until the end of the prescribed support period of six months.

4. The cost of vocational training support is paid by the Vietnam Social Security.

Article 5. Job Search Support

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

Unemployed workers receiving unemployment benefits shall be provided free job counseling and job introduction services by the Employment Service Center. The job search support must be commensurate with the worker's educational qualifications and work experience.

2. The duration for which unemployed workers receive job counseling and job introduction services as prescribed in Clause 2, Article 18 of Decree No. 127/2008/ND-CP shall be implemented as follows:

The period during which unemployed workers receiving monthly unemployment benefits are supported by the Employment Service Center for job counseling and job introduction starts from the date they begin to receive monthly unemployment benefits and does not exceed the total duration of unemployment benefits as determined by the Director of the Department of Labor, Invalids and Social Affairs.

3. Costs for job counseling and job introduction for unemployed workers receiving unemployment benefits shall be covered by the Vietnam Social Security.

Article 6. Health Insurance

Unemployed workers receiving unemployment benefits shall enjoy health insurance as prescribed in Clause 2, Article 19 of Decree No. 127/2008/ND-CP and shall be implemented as follows:

1. Unemployed workers receiving monthly unemployment benefits shall enjoy health insurance benefits according to the laws on health insurance. In case of termination of unemployment benefits, the worker will no longer be entitled to health insurance and must return their health insurance card to the social security organization as directed by the Vietnam Social Security.

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

III. PROCEDURES FOR IMPLEMENTING UNEMPLOYMENT INSURANCE

Article 7. Participation in Unemployment Insurance

1. Employers using ten or more workers as prescribed in Article 3 of Decree No. 127/2008/ND-CP shall implement as follows:

The number of workers employed by employers using ten or more workers includes: the number of Vietnamese workers currently under indefinite-term labor contracts or indefinite-term employment contracts, definite-term labor contracts or definite-term employment contracts lasting from twelve months to thirty-six months, seasonal or specific task labor contracts or employment contracts lasting three months or more. For state agencies, state-affiliated organizations, political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, state-affiliated organizations, and other social organizations employing ten or more workers, this includes civil servants working at these agencies.

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

If an employer uses the required number of workers for unemployment insurance participation at any time other than January 1st, the workforce count for that year to implement the unemployment insurance policy of the enterprise, agency, or organization shall be counted from the first day of the following month according to the Gregorian calendar.

If an employer has employed ten or more workers eligible for unemployment insurance participation, even if some months have fewer than ten workers, the employer must still contribute to unemployment insurance for those workers who are enrolled in unemployment insurance.

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

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

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

3. The application for unemployment insurance participation as prescribed in Article 36 of Decree No. 127/2008/ND-CP shall include:

a) A personal declaration form of the worker, including the following contents: name; gender; date of birth; ethnicity; nationality; place of residence; identification card number, date and place of issuance; date and type of labor contract signed, type of labor contract, salary or wage subject to unemployment insurance contribution and other allowances subject to unemployment insurance contribution according to regulations, effective date of the labor contract; social security number; time already participated in unemployment insurance but not yet received unemployment benefits; worker's commitment; employer's confirmation. The contents of the personal declaration form mentioned above are issued together with the model Declaration Form for Social Insurance and are issued by the Vietnam Social Security.

b) A list of workers participating in unemployment insurance prepared by the employer, including the following contents: name; identification card number; social security number; type of labor contract; salary or wage subject to unemployment insurance contribution and other allowances subject to unemployment insurance contribution according to regulations. The contents of the list of workers participating in unemployment insurance mentioned above are issued together with the model List of Workers Participating in Social Insurance and are issued by the Vietnam Social Security.

Article 8. Unemployment Insurance Contributions

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

Each month, employers contribute an amount equal to 1% of the payroll of those participating in unemployment insurance, and deduct 1% of each employee's monthly salary or wage for unemployment insurance contributions at the same time into the Unemployment Insurance Fund.

2. The monthly salary or wage for unemployment insurance contributions as stipulated in Clause 3, Article 27 of Decree No. 127/2008/NĐ-CP shall be implemented as follows:

If an employee has a monthly salary or wage higher than twenty times the national minimum wage, the monthly salary or wage for unemployment insurance contributions shall be set at twenty times the national minimum wage (currently 730,000 VND/month; the maximum monthly salary or wage for unemployment insurance contributions is 14,600,000 VND/month). When the national minimum wage is adjusted, the monthly salary or wage for unemployment insurance contributions will also change accordingly.

Example 4:

Mr. Hoang Van Hoa works at a foreign-invested enterprise with a monthly salary of 1,000 USD recorded in his labor contract. In July 2010, his actual monthly salary was 19,100,000 VND/month (based on the average exchange rate on the inter-bank foreign exchange market announced by the State Bank of Vietnam on July 1, 2010, which was 19,100 VND/1 USD). Mr. Hoang Van Hoa's monthly salary for unemployment insurance contributions is 14,600,000 VND.

In cases where employees take leave due to maternity or illness for fourteen working days or more in a month, and do not receive their monthly salary or wage from the unit but instead receive social insurance benefits, neither the employee nor the employer need to make unemployment insurance contributions for that month. This period will not be counted towards the eligibility for unemployment insurance when losing employment or terminating a labor contract or work contract.

3. The timing of unemployment insurance contributions by employers as stipulated in Clause 2, Article 26 of Decree No. 127/2008/NĐ-CP shall be specified by the Vietnam Social Security.

4. The procedures and formalities for making unemployment insurance contributions shall be carried out according to the guidance of the Vietnam Social Security.

Article 9. Receiving Unemployment Insurance Benefits

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

a) Within seven working days, starting from the day of job loss or termination of a labor contract or work contract, the employee must personally go to the Employment Introduction Center where they worked before being unemployed to register for unemployment (the first day within the seven-day period is the first working day immediately following the day the employee lost their job or terminated their labor contract or work contract).

The employee is responsible for fully filling out the Unemployment Registration Form Form No. 1 issued along with this Circular and submit it to the Employment Introduction Center.

The Employment Introduction Center is responsible for guiding and checking the contents filled out by the employee in the Unemployment Registration Form and returning to the employee the Unemployment Registration Information Form Appendix number 2 promulgated together with this Circular.

Example 5:

Mr. Le Van Hung terminated his work contract on March 1, 2010, so the first day within the registration period for Mr. Hung is March 2, 2010. Therefore, the last day for Mr. Hung to register for unemployment according to the regulation (seven working days from the date of job loss) is March 10, 2010.

Example 6:

Mr. Nguyen Van A terminated his labor contract on December 31, 2009, so the first day within the registration period for Mr. A is January 1, 2010, but January 1, 2010, was a Friday (holiday), and January 2 and 3 were Saturday and Sunday, respectively. Thus, the first day within the registration period for Mr. A is January 4, 2010. Accordingly, the last day for Mr. A to register for unemployment according to the regulation (seven working days from the date of job loss) is January 12, 2010.

b) In cases where employees register for unemployment beyond the seven-day period as stipulated in paragraph a of this clause but not exceeding thirty calendar days from the end of the registration period, they can still register for unemployment and receive unemployment insurance benefits if they fall under any of the following circumstances:

- 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 confirmation from traffic police in the case of a 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 required for receiving unemployment insurance benefits as stipulated in Article 37 of Decree No. 127/2008/NĐ-CP 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 work contract that has expired or an agreement to terminate the labor contract or work contract, a decision to terminate employment, or a confirmation from the last unit before unemployment regarding unilateral termination of the labor contract or work contract in accordance with the law.

At the same time, the employee must present the Social Insurance Booklet with a confirmation from the Social Insurance Authority about the payment of unemployment insurance contributions.

An unemployed employee must submit all necessary documents for receiving unemployment insurance benefits within fifteen working days from the date of registering for unemployment (the first day within the fifteen-day period is the first working day immediately following the day the employee registered for unemployment).

The Employment Introduction Center will only accept documents for receiving unemployment insurance benefits when all required documents are complete, and after accepting the documents, it must return to the employee a notification of the result according to Appendix number 4 promulgated together with this Circular.

Example 7:

Mr. Hoang Van C registered for unemployment on January 5, 2010, so the first day within the submission period for documents for receiving unemployment insurance benefits for Mr. C is January 6, 2010. Therefore, the last day for Mr. C to submit documents for receiving unemployment insurance benefits according to the regulation (fifteen working days from the date of registering for unemployment) is February 26, 2010.

c) In case the worker who has become unemployed submits a complete application for unemployment insurance benefits more than fifteen days but not exceeding thirty days according to the Gregorian calendar from the date the complete application for insurance benefits is accepted for processing as stipulated in paragraph b of this point, such cases shall be as follows:

- 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 confirmation from traffic police in the case of a traffic accident;

- Due to natural disasters or epidemics confirmed by the Chairman of the People's Committee of the commune upon the worker's request.

3. The resolution of unemployment insurance benefits as prescribed in Clause 2, Article 38 of Decree No. 127/2008/ND-CP shall be implemented as follows:

a) Time limit for resolution:

Within twenty working days counted from the date of receiving the worker's application for unemployment insurance benefits as stipulated in this Clause.

b) For cases entitled to unemployment benefits:

- Unemployment allowance:

+ The Director of the Employment Service Center shall be responsible for determining the level of benefit, duration of unemployment allowance, draft Decision on the receipt of unemployment allowance for each worker and submit it directly to the Director of the Department of Labor, Invalids and Social Affairs for signing the decision.

+ The Decision of the Director of the Department of Labor, Invalids and Social Affairs shall send one copy to the Social Insurance of the province or centrally-run city (hereinafter referred to as the Provincial Social Insurance) for implementing the payment of unemployment allowance; one copy retained at the Department of Labor, Invalids and Social Affairs; one copy sent to the Employment Service Center for implementing job counseling, job introduction, and monitoring the job search process of the unemployed person, identifying the unemployed person in cases of suspension, termination, or continuation of unemployment allowance receipt; one copy sent to the worker for implementation. The Decision on the receipt of unemployment allowance shall be carried out according to Appendix number 5 promulgated together with this Circular.

For cases entitled to receive a one-time allowance as prescribed in Clause 2, Article 23 of Decree No. 127/2008/ND-CP, the worker may apply for the one-time allowance according to Appendix number 6 issued together with this Circular; the Director of the Employment Service Center shall be responsible for determining the level of the one-time allowance, draft Decision on the receipt of the one-time allowance for each worker and submit it directly to the Director of the Department of Labor, Invalids and Social Affairs for signing the decision; the Decision of the Director of the Department of Labor, Invalids and Social Affairs shall send one copy to the Provincial Social Insurance for implementing the payment of the one-time allowance; 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 implementation. The Decision on the receipt of the one-time allowance shall be carried out according to Appendix number 7 promulgated together with this Circular.

The procedures and formalities for paying unemployment allowances shall be implemented according to the guidance of the Vietnam Social Security.

- Job counseling and job introduction:

After receiving the Decision of the Director of the Department of Labor, Invalids and Social Affairs regarding the receipt of unemployment allowance of the unemployed person, the Director of the Employment Service Center shall organize free job counseling and job introduction for workers receiving unemployment allowance according to regulations. The funding for job counseling and job introduction activities for workers during the period of receiving unemployment allowance shall be implemented according to the guidance of the Ministry of Finance.

- Vocational training support:

+ Workers receiving unemployment allowance who wish to learn a trade must submit an application according to form number 8 issued together with this Circular to the Employment Service Center.

+ The Director of the Employment Service Center shall be responsible for determining the trade, level of support for vocational training, duration of training, place of training, draft Decision on vocational training support for workers receiving unemployment allowance and submit it directly to the Director of the Department of Labor, Invalids and Social Affairs for signing the decision.

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

The provisions on vocational training support shall be carried out 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) In cases where they are not entitled to receive unemployment insurance benefits: The Employment Service Center must respond in writing and specify the reasons according to form number 10 promulgated together with this Circular.

Article 10. Transfer to receive unemployment insurance benefits

1. Transfer to receive unemployment insurance benefits before the worker has a Decision on Unemployment Benefit Payment:

In cases where workers, when registering for unemployment, have the need to transfer to another province or centrally governed city to receive unemployment insurance benefits, they must register for unemployment in accordance with regulations and submit a request for transfer to receive unemployment insurance benefits according to form number 11 issued together with this Circular to the Employment Service Center where they registered for unemployment. The Employment Service Center is responsible for introducing the transfer to receive unemployment insurance benefits based on the worker's request and accompanying the unemployment registration of that worker. The Employment Service Center receiving the transfer to receive unemployment insurance benefits is responsible for accepting and implementing procedures in accordance with this Circular.

The introduction letter for transferring to receive unemployment insurance benefits shall be implemented according to form number 12 promulgated together with this Circular.

2. Transfer to receive unemployment benefit payments after having a Decision on Unemployment Benefit Payment:

During the period of receiving unemployment benefits, if workers have the need to transfer to another province or centrally governed city to continue receiving unemployment benefits, they must submit a request for transfer to receive unemployment benefits according to Form No. 13 issued together with this Circular and send it 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 to receive unemployment benefits based on the worker's request (accompanied by the Unemployment Registration form, decision on unemployment benefit payment, Request for transfer to receive unemployment insurance benefits, and related documents of that worker) and notify in writing the Provincial Social Insurance about the transfer to receive unemployment benefits of that worker.

The Employment Service Center receiving the transfer to receive unemployment benefits is responsible for accepting and submitting a written request to the Provincial Social Insurance to continue paying unemployment benefits, accompanied by a copy of the Decision on Unemployment Benefit Payment of the worker; continue implementing the relevant provisions for the worker.

The payment of unemployment benefits and issuance of health insurance cards for those transferring to receive unemployment benefits shall be guided by the Vietnam Social Security.

The introduction letter for transferring to receive unemployment benefits shall be implemented according to Form No. 14 promulgated together with this Circular.

Article 11. Monthly Notification of Job Search Activities

1. Monthly notification of job search activities as stipulated in Clause 2, Article 34 of Decree No. 127/2008/NĐ-CP, shall be implemented as follows:

During the period of receiving unemployment benefits, unemployed persons must directly go to the Employment Service Center where they are currently receiving unemployment benefits to report on their job search activities, except for the following cases:

- Workers receiving unemployment benefits who are sick or pregnant must have a confirmation from a District-level Hospital or equivalent.

- Workers receiving unemployment benefits who have been injured must have a confirmation from a District-level Hospital or equivalent, or confirmed by traffic police in cases 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 not directly going to the Employment Service Centers mentioned above, within the latest three working days after the day of reporting on job search activities as prescribed, workers must send the relevant documents to the Employment Service Center where they are currently receiving unemployment benefits.

Job search notifications shall be made in accordance with Form No. 15 promulgated together with this Circular.

2. The date of monthly notification of job search activities for each worker receiving unemployment benefits shall be determined by the Employment Service Center where the worker is currently receiving unemployment benefits.

Article 12. Suspension and resumption of unemployment benefits

1. Procedures and formalities for suspending the receipt of unemployment benefits:

Workers receiving unemployment benefits who fall under the circumstances for suspension of unemployment benefits shall have the Director of the Employment Service Center where the worker is receiving unemployment benefits draft the Decision to suspend the receipt of unemployment benefits for direct submission 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 regarding the suspension of unemployment benefits shall be sent one copy to the Provincial Social Insurance for implementation of the suspension of unemployment benefits; one copy retained at the Department of Labor, Invalids and Social Affairs; one copy sent to the Employment Service Center; one copy sent to the worker for implementation. The Decision of the Director of the Department of Labor, Invalids and Social Affairs regarding the suspension of unemployment benefits shall be carried out according to Form No. 16 promulgated together with this Circular.

2. Resumption of monthly receipt of unemployment benefits: In cases stipulated in Clause 2, Article 22 of Decree No. 127/2008/NĐ-CP dated December 12, 2008, the Director of the Employment Service Center where the worker is temporarily suspended from receiving unemployment benefits shall draft the Decision to resume receipt of unemployment benefits for direct submission 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 regarding the resumption of receipt of unemployment benefits shall be sent one copy to the Provincial Social Insurance for continued payment of unemployment benefits to the unemployed; one copy retained at the Department of Labor, Invalids and Social Affairs; one copy sent to the Employment Service Center; one copy sent to the worker for implementation. The Decision of the Director of the Department of Labor, Invalids and Social Affairs regarding the resumption of receipt of unemployment benefits shall be carried out according to Form No. 17 promulgated together with this Circular.

Article 13. Termination of receipt of unemployment benefits

Workers receiving unemployment benefits who are terminated from receipt of unemployment benefits as prescribed in Points b, c, d, đ, e, g, h, i of Clause 6, Article 3 of this Circular, the Director of the Employment Service Center where the worker is receiving unemployment benefits shall draft the Decision to terminate receipt of unemployment benefits for direct submission to the Director of the Department of Labor, Invalids and Social Affairs for signature.

The Decision to terminate receipt of unemployment benefits of the Director of the Department of Labor, Invalids and Social Affairs shall be sent one copy to the Provincial Social Insurance for implementation of the termination of receipt of unemployment benefits; one copy retained at the Department of Labor, Invalids and Social Affairs; one copy sent to the Employment Service Center; one copy sent to the worker for implementation. The Decision to terminate receipt of unemployment benefits shall be carried out according to Form No. 18 issued together with this Circular.

IV. IMPLEMENTATION

Article 14. Responsibilities of the Directorate of Employment, Ministry of Labor, Invalids and Social Affairs

1. Assist the Minister in performing state management functions over unemployment insurance as prescribed by law.

2. Direct, urge, guide and inspect the implementation of legal provisions on unemployment insurance.

3. Promote, disseminate and train on legal provisions on unemployment insurance.

4. Summarize and report on the implementation of policies and laws on unemployment insurance.

Article 15. Responsibilities of the Vietnam Social Security

1. Providing information, promoting, and disseminating unemployment insurance policies, regulations, and laws.

2. Issuing guidance documents on application forms, procedures for participating in and contributing to unemployment insurance for workers and employers who are eligible to participate in unemployment insurance. Providing guidance on business practices so that provincial social security offices under the central government can collect and disburse unemployment insurance according to the law.

3. Receiving financial support from the state budget for contributions to the Unemployment Insurance Fund and managing the Unemployment Insurance Fund according to regulations.

4. Directing, guiding, and inspecting the implementation of collection and disbursement of unemployment insurance by provincial social security offices, the Ministry of Defense Social Security, the Ministry of Public Security Social Security, and the State Cryptographic Agency Social Security.

5. Cooperating with the Ministry of Labor, Invalids, and Social Affairs in organizing implementation, inspection, complaint resolution, and exchanging information related to the implementation of unemployment insurance policies.

6. Annually, before January 31, reporting to the Ministry of Labor, Invalids, and Social Affairs on the situation of collection, disbursement, management, and utilization of the unemployment insurance fund of the previous year.

Article 16. Responsibilities of the Department of Labor, Invalids, and Social Affairs

1. Leading and coordinating with relevant agencies to promote and disseminate unemployment insurance policies, regulations, and laws.

2. Directing subordinate units, Employment Service Centers, vocational training institutions to implement unemployment insurance policies within their jurisdiction.

3. Deciding on unemployment benefits, supporting vocational training, temporarily suspending unemployment benefits, continuing unemployment benefits, and terminating unemployment benefits for unemployed individuals according to the law.

4. Monitoring, inspecting, and auditing the implementation of unemployment insurance laws.

5. Reporting every six months, before July 31, and annually before January 31 to the Ministry of Labor, Invalids, and Social Affairs on the implementation of unemployment insurance policies within their jurisdiction according to form number 19 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Article 17. Responsibilities of Provincial Social Security Offices

1. Accepting applications from employers to participate in and contribute to unemployment insurance; organizing the collection of unemployment insurance according to the law.

2. Completing and returning social insurance books regarding unemployment insurance contributions for workers within five working days from the date of receiving the request.

3. Organizing the payment of unemployment benefits, issuing health insurance cards, and resolving health insurance rights for those receiving unemployment insurance benefits.

4. Implementing funding for job search assistance for Employment Service Centers under the Department of Labor, Invalids, and Social Affairs and funding for vocational training for vocational training institutions within their jurisdiction.

5. Ceasing payments of unemployment benefits, vocational training support, job search assistance, and recovering health insurance cards for workers receiving unemployment benefits upon decision by the Director of the Department of Labor, Invalids, and Social Affairs.

6. Annually, before July 15, reporting to the Department of Labor, Invalids, and Social Affairs on the situation of collection and disbursement of unemployment insurance for the first six months of the year, and on January 15, reporting on the situation of collection and disbursement of unemployment insurance for the previous year.

7. Cooperating with the Department of Labor, Invalids, and Social Affairs and relevant agencies to organize the promotion and dissemination of laws, and resolve emerging issues related to unemployment insurance.

Article 18. Responsibilities of the Employment Introduction Center

1. Organize the acceptance of unemployment registration, unemployment insurance benefit claim files, review and implement procedures for resolving unemployment insurance benefits according to the provisions of this Circular.

2. Organize information dissemination and propaganda on policies and laws regarding unemployment insurance.

3. Organize counseling and job introduction services for individuals receiving unemployment insurance benefits; organize vocational training suitable for individuals receiving unemployment insurance benefits.

4. Store workers' files according to regulations. Each worker has one file for unemployment insurance benefits, including: Unemployment registration; Request for unemployment insurance benefits; Copy of labor contracts or employment contracts that have expired or agreements terminating labor contracts or employment contracts, decisions to terminate employment, or confirmation from the last unit before unemployment about unilateral termination of labor contracts or employment contracts in accordance with the law; Decision on unemployment insurance benefits; Application for one-time allowance; Decision on one-time allowance; Request for vocational training; Decision to support vocational training; Request to continue receiving unemployment insurance benefits; Letter of introduction; Notification of job search results; Decision to temporarily suspend unemployment assistance; Decision to continue receiving unemployment assistance; Decision to terminate unemployment assistance and related documents of the worker.

5. Implement periodic reporting systems:

a) Before the 25th of each month, report to the Department of Labor, Invalids and Social Affairs, Ministry of Labor, Invalids and Social Affairs (Employment Bureau) on the implementation of unemployment insurance policies, counseling, job introduction, and vocational training for unemployed individuals in the area (from the 20th of the previous month to the 20th of the reporting month) according to Form No. 20 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

b) Every six months, before July 15th annually and January 15th, report to the Department of Labor, Invalids and Social Affairs, Employment Bureau (Ministry of Labor, Invalids and Social Affairs) on the implementation of unemployment insurance policies, counseling, job introduction, and vocational training for unemployed individuals in the area according to Form No. 21 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Article 19. Responsibilities of Vocational Training Institutions

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

Article 20. Responsibilities of Employers

1. Coordinate with grassroots trade unions to disseminate unemployment insurance policies and comply with legal regulations on participation in unemployment insurance; pay unemployment insurance contributions according to the law on unemployment insurance.

2. Present relevant documents, files, and provide information upon request by authorized state agencies during inspections or audits related to unemployment insurance.

3. Provide copies of labor contracts, employment contracts, or confirmations regarding unilateral termination of labor contracts or employment contracts, or confirmations regarding the loss of employment for workers within two days from the date of their unemployment or termination of labor contracts or employment contracts; complete the confirmation or closure of social insurance books for workers so they can timely complete their unemployment insurance benefit claim files according to regulations.

4. Provide information to workers about unemployment insurance contributions within two working days from the date the worker requests.

5. Guide workers who lose their jobs or have their labor contracts or employment contracts terminated to register for unemployment and submit unemployment insurance benefit claim files to the Employment Introduction Center according to regulations.

6. Annually, before January 15th, report on the implementation of unemployment insurance contributions for the previous year to the Department of Labor, Invalids and Social Affairs of the province or centrally-administered city where the unemployment insurance participation was registered according to form number 22 Enterprises importing tobacco raw materials and cigarette paper for producing tobacco products for export or processing tobacco products for export shall submit registration applications according to Form

Article 21. Implementation clause

1. This Circular shall take effect 45 days from the date of signature.

2. This Circular replaces Circular No. 04/2009/TT-BLDTBXH dated January 22, 2009, issued by the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain articles of Decree No. 127/2008/NĐ-CP dated December 12, 2008, of the Government detailing and guiding the implementation of certain articles of the Social Insurance Law concerning unemployment insurance and Circular No. 34/2009/TT-BLDTBXH dated October 16, 2009, issued by the Ministry of Labor, Invalids and Social Affairs amending and supplementing Circular No. 04/2009/TT-BLDTBXH dated January 22, 2009, of the Ministry of Labor, Invalids and Social Affairs.

3. For state-owned enterprises within the transition period under the State Enterprise Law 2003, the time workers contribute to unemployment insurance shall not be counted towards entitlement to job loss allowance or termination allowance as stipulated in Clause 6, Article 139 of the Social Insurance Law from the date the Social Insurance Law takes effect regarding unemployment insurance.

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