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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
127/2008/ND-CP
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Hanoi,
December 12, 2008
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DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OFTHE SOCIAL INSURANCE LAW CONCERNING UNEMPLOYMENT INSURANCE
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Law on Social Insurance;
Pursuant to the June 23, 1994 Labor Code; the April 2, 2002 Law Amending and
Supplementing a Number of Articles of the Labor Code; and the June 29, 2006 Law
Amending and Supplementing a Number of Articles of the Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation
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Article 2.-
Laborers participating in unemployment insurance under Clause 3, Article 2 of
the Social Insurance Law
1. Laborers participating in
unemployment insurance under Clause 3, Article 2 of the Social Insurance Law
are Vietnamese citizens who enter into the following labor or working contracts
with the employers specified in Article 3 of this Decree:
a/ Labor contracts of a term of
between full twelve months and thirty six months;
b/ Labor contracts of indefinite
term;
c/ Working contracts of a term
of between full twelve months and thirty six months;
d/ Working contracts of
indefinite term, including those for laborers who were employed at state
non-business units prior to the date of the Government's Decree No.
116/2003/ND-CP of October 10, 2003, on recruitment, employment and management
of cadres and public employees at state non-business units.
Persons who enter into the above
labor or working contracts are below collectively referred to as laborers.
2. Persons currently receiving
monthly pensions or monthly working capacity loss allowances who enter into
labor or working contracts specified in Clause 1 of this Article with the
employers specified in Article 3 of this Decree are not covered by unemployment
insurance.
Article 3.-
Employers participating in unemployment insurance under Clause 4, Article 2 of
the Social Insurance Law are those employing ten {10) or more laborers at the
following agencies, units, organizations and enterprises:
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2. Political organizations,
socio-political organizations, socio-political-professional organizations,
socio-professional organizations, non-business units of political organizations
and socio-political organizations, and other social organizations.
3. Enterprises established and
operating under the Enterprise Law and the Investment Law.
4. Cooperatives and cooperative
unions established and operating under the Law on Cooperatives.
5. Business households,
cooperative groups, other organizations and individuals hiring, employing and
paying wages to laborers.
6. Foreign agencies,
organizations and individuals and international organizations operating in the
Vietnamese territory employing Vietnamese laborers, unless otherwise provided
for by treaties to which the Socialist Republic of Vietnam is a contracting
party.
Article 4.-
State management of unemployment insurance
1. The Government shall perform
the uniform state management of unemployment insurance, direct the elaboration,
promulgation and implementation of legal documents, regimes and policies on
unemployment insurance.
2. The Ministry of Labor, War
Invalids and Social Affairs shall take responsibility before the Government for
its state management of unemployment insurance, covering:
a/ Assuming the prime
responsibility for, and coordinating with ministries, branches, agencies and
organizations in, studying, elaborating and submitting to competent state
agencies for promulgation or promulgating according to its competence legal
documents on unemployment insurance;
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c/ Guiding and organizing the
implementation of legal provisions on unemployment insurance;
d/ Examining the implementation
of legal provisions on unemployment insurance; settling complaints and
denunciations about unemployment insurance;
dd/ Conducting specialized
unemployment insurance inspection;
e/ Carrying out international
cooperation on unemployment insurance under law.
3. Ministries, ministerial-level
agencies and government-attached agencies shall, within the ambit of their
tasks and powers, perform the state management of unemployment insurance,
covering:
a/ Coordinating with the
Ministry of Labor. War Invalids and Social Affairs and concerned ministries and
branches in elaborating laws and policies related to unemployment insurance;
b/ Monitoring and examining the
implementation of unemployment insurance regimes, policies and laws under their
competence;
c/ Reporting to competent
agencies on their state management of unemployment insurance.
4. Provincial-level People's
Committees shall perform the state management of unemployment insurance in
their localities. Provincial-level Labor, War Invalids and Social Affairs
Services shall take responsibility before provincial-level People's Committees
for their state management of unemployment insurance, covering:
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b/ Monitoring and examining the
implementation of the law on unemployment insurance;
c/ Assuming the prime
responsibility for or coordinating with concerned agencies in examining and
inspecting the implementation of unemployment insurance regimes and policies.
d/ Proposing concerned
ministries and branches to settle unemployment insurance-related matters under
their competence;
dd/ Making annual reports on the
implementation of the law on unemployment insurance under regulations of the
Ministry of Labor, War Invalids and Social Affairs.
Article 5.-
Unemployment insurance inspection under Article 10 of the Social Insurance Law
1. The Labor. War Invalids and
Social Affairs Inspectorate, which conducts specialized unemployment insurance
inspection, has the following tasks:
a/ To inspect the implementation
of unemployment insurance regimes, policies and laws;
b/ To inspect sources for the
formation, and the management and use, of the unemployment insurance fund;
c/ To verify, conclude on and
propose the settlement of, complaints and denunciations about unemployment
insurance under law;
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dd/ To provide guidance on and
training in specialized unemployment insurance inspection.
2. Subject to specialized
unemployment insurance inspection are:
a/ Laborers specified in Article
2of this Decree;
b/ Employers specified in
Article 3 of this Decree;
c/ Vietnam Social Insurance;
d/ Other organizations and
individuals related to unemployment insurance.
Article 6.-
Prohibited acts under Article 14 of the Social Insurance Law
1. Regarding payment of
unemployment insurance premiums
a/ Failing to pay unemployment
insurance premiums under the law on unemployment insurance;
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c/ Failing to pay unemployment
insurance premiums according to the time prescribed by the law on unemployment
insurance;
d/ Failing to fully pay unemployment
insurance premiums for all laborers subject to compulsory unemployment
insurance under Article 2 of this Decree.
2. Falsification and forger)' of
unemployment insurance dossiers, covering:
a/ Declaring untruthfully or
making modifications or erasures causing misrepresentation of contents related
to the payment of unemployment insurance premiums and entitlement to
unemployment insurance indemnities;
b/ Forging dossiers to receive
unemployment insurance indemnities;
c/ Granting in contravention of
regulations certificates to be used as a basis for receiving unemployment
insurance indemnities.
3. Using the unemployment
insurance fund for improper purposes or in contravention of policies and
regimes.
4. Troubling, obstructing,
harming lawful rights and interests of laborers and employers, covering:
a/ Troubling, obstructing or
delaying laborers' payment of unemployment insurance premiums or entitlement to
unemployment insurance indemnities;
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c/ Failing to grant or return
unemployment insurance dossiers to laborers according to regulations.
5. Making false reports,
supplying false information and data on unemployment insurance.
Chapter II
RIGHTS AND
RESPONSIBILITIES OF LABORERS, EMPLOYERS, LABOR AGENCIES AND VIETNAM SOCIAL
INSURANCE
Article 7.-
Unemployment insurance-related rights of laborers under Article 15 of the
Social Insurance Law
1. To be fully certified for
their payment of unemployment insurance premiums in social insurance books.
2. To receive social insurance
books when losing jobs or terminating labor or working contracts.
3. To fully and timely enjoy
unemployment insurance regimes specified in Articles 16,17,18 and 19 of this
Decree.
4. To authorize other persons to
receive their monthly unemployment allowances.
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6. To lodge complaints or
denunciations with competent agencies when employers, labor agencies or social
insurance organizations commit acts of violation of regulations on unemployment
insurance.
7. To have other rights under
law.
Article 8.-
Unemployment insurance-related responsibilities of laborers under Article 16 of
the Social Insurance Law
1. To fully and properly pay
unemployment insurance premiums under Clause 1, Article 102 of the Social
Insurance Law.
2. To comply with regulations on
compilation of unemployment insurance dossiers.
3. To keep and use social
insurance books according to regulations.
4. To make registration at labor
agencies when losing jobs or terminating labor or working contracts.
5. To monthly report to labor
agencies on their job seeking during the time of receiving unemployment
allowances.
6. To receive appropriate jobs
or attend relevant vocational training courses recommended by labor agencies
during the time of receiving unemployment allowances.
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1. To reject requests which are
against the law on employment insurance.
2. To lodge complaints or
denunciations with competent agencies when laborers, labor agencies or social
insurance organizations commit acts of violation of regulations on unemployment
insurance.
3. To have other rights under
law.
Article
10.- Unemployment insurance-related responsibilities of employers under
Article 18 of the Social Insurance Law
1. To fully and properly pay
unemployment insurance premiums under Clause 2, Article 102 of the Social
Insurance Law.
2. To preserve unemployment
insurance dossiers of laborers during the time laborers work for them.
3. To comply with regulations on
compilation of unemployment insurance dossiers for laborers to pay unemployment
insurance premiums and receive unemployment insurance indemnities.
4. To produce documents and
dossiers and supply relevant information at the request of competent state
agencies upon unemployment insurance examination or inspection.
5. To supply documents under
Clause 2, Article 37 of this Decree for laborers to complete their dossiers for
enjoyment of unemployment insurance indemnities.
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Article
11.- Rights of labor agencies in organizing the implementation of
unemployment insurance policies
1. To reject requests for
unemployment insurance indemnities which are against the law.
2. To settle complaints about
unemployment insurance according to regulations.
3. To examine the implementation
of unemployment insurance.
4. To propose competent agencies
to elaborate, amend or supplement unemployment insurance regimes, policies and
laws and to manage the unemployment insurance fund.
5. To propose competent agencies
to handle violations of the law on unemployment insurance.
6. To have other rights under
law.
Article
12.- Responsibilities of labor agencies in organizing the implementation of
unemployment insurance policies
1. To organize the communication
and propagation of unemployment insurance policies and laws.
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3. To provide job counseling and
recommendation and vocational training for laborers participating in
unemployment insurance.
4. To settle in accordance with
law organizations' or individuals' complaints and denunciations about the
implementation of unemployment insurance regimes.
5. To report to state management
agencies under law.
6. To fully and timely supply
information on unemployment insurance procedures at the request of laborers or
trade unions.
7. To supply relevant documents
and information a l the request of competent agencies.
8. To file unemployment
insurance dossiers under law.
9. To participate in the
elaboration, amendment and supplementation of unemployment insurance-related
regimes and policies.
10. To conduct professional
training and retraining in, and study and apply sciences and technologies related
to, unemployment insurance.
11. To carry out international
cooperation on and participate in scientific research into unemployment
insurance.
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Article
13.- Rights of Vietnam Social Insurance under Article 19ofthe Social
Insurance Law
1. To manage its personnel,
finance and assets under law.
2. To reject requests for
unemployment insurance indemnities, which are against the law.
3. To lodge complaints about
unemployment insurance.
4. To examine the payment of
unemployment insurance premiums.
5. To propose competent agencies
to elaborate, amend or supplement unemployment insurance regimes, policies and
laws and to manage the unemployment insurance fund.
6. To propose competent agencies
to handle violations of the law on unemployment insurance.
7. To have other rights under
law.
Article
14.- Responsibilities of Vietnam Social Insurance under Article 20 of the
Social Insurance Law
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2. To collect unemployment
insurance premiums.
3. To pay unemployment
allowances, support vocational training and job counseling and recommendation.
4. To pay health insurance
premiums for persons on unemployment allowance.
5. To manage and use the
unemployment insurance fund under law.
6. To take measures to preserve
and increase the unemployment insurance fund under law.
7. To make unemployment
insurance statistics and accounting.
8. To apply information
technology to unemployment insurance management; to file dossiers of
unemployment insurance buyers under the Social Insurance Law.
9. To biannually, report on
unemployment insurance to the social insurance management council. To annually
report to the Government and state management agencies on revenues,
expenditures, management and use of the unemployment insurance fund.
10. To fully and promptly supply
information on the payment of unemployment insurance premiums and indemnities
and unemployment insurance procedures at the request of 1aborers or trade
unions.
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12. To settle complaints and
denunciations about unemployment insurance according to its competence.
13. To perform other
responsibilities under law.
Chapter
III
UNEMPLOYMENT INSURAN CE
REGIMES
Article
15.- Conditions for entitlement to unemployment insurance under Article 81
of the Social Insurance Law
1. Having paid unemployment
insurance premiums for full twelve months or more within twenty four months
before losing a job or terminating a labor contract under the labor law or a working
contract under the law on cadres and public employees.
2. Having registered with a
labor agency when losing a job or terminating a labor or working contract.
3. Failing to find a job 15 days
after the date of registering with a labor agency under Clause 2 of this
Article.
Article
16.- Unemployment allowance under Article 82 of the Social Insurance Law
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2. The monthly unemployment
allowance is equal to 60% of the laborer's average monthly salary or remuneration
of six consecutive months before he/she loses a job or terminates a labor
contract under the labor law or a working contract under the law on cadres and
public employee, on which unemployment insurance premiums are based.
3. The time for receiving monthly
unemployment allowance depends on the time of working during which a laborer
has paid unemployment insurance premiums, and the total time for receiving
monthly unemployment allowance complies with Clause 2, Article 82 of the Social
Insurance Law.
Article
17.- Vocational training support under Article 83 of the Social Insurance
Law
1. Labor agencies shall support
laborers on unemployment allowance in vocational training through vocational
training establishments.
2. The level of support for
laborers on unemployment allowance is equal to die cost for a short-term
vocational training under the law on vocational training.
3. The time of support does not
exceed 6 months from the date a laborer receives monthly unemployment
allowance.
Article
18.- Job seeking support under Article 84 of the Social Insurance Law
1. Labor agencies shall provide
free job counseling and recommendation for laborers on unemployment allowance
through job centers.
2. The time for laborers to
receive job counseling and recommendation starts from the date they receive
monthly unemployment allowance and does not exceed the duration they are on
unemployment allowance under Clause 2, Article 82 of the Social Insurance Law.
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1. Persons on unemployment
allowance are entitled to the health insurance regime.
2. Social insurance
organizations shall pay health insurance premiums for persons on unemployment
allowance.
Article
20.- Time of entitlement to unemployment insurance
When fully meeting the
conditions for entitlement to unemployment insurance under Article 15 of this
Decree, laborers may receive unemployment insurance regimes 15 days after the
date of registration under Clause 2, Article 15 of this Decree.
Article
21.- Time of unemployment insurance premium payment
The time of paying unemployment
insurance premiums under this Decree to be used as a basis for entitlement to
unemployment insurance is the total of the periods of time of paying
unemployment insurance premiums added up from the time of starting unemployment
insurance premium payment to the time of losing jobs or terminating labor
contracts under the labor law or working contracts under the law on cadres and
public employees during which unemployment allowances are not paid.
Article
22.- Suspension from enjoyment of unemployment allowance under Article 86
of the Social Insurance Law
1. Laborers who are on monthly
unemployment allowance are suspended from enjoying such allowance in either of
the following cases:
a/ Failing to monthly report on
their job seeking to labor agencies;
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2. Laborers may receive monthly
unemployment allowances again in the subsequent months in the following cases:
a/ The period for laborers to
receive unemployment allowance under Clause 2, Article 82 of the Social
Insurance Law has not yet expired and laborers resume their monthly reporting
on job seeking to labor agencies.
b/ The period for laborers to
receive unemployment allowance under Clause 2. Article 82 of the Social
Insurance Law has not yet expired after they are released from detention.
Article
23.- Termination of unemployment allowance under Article S7 of the Social
Insurance Law
1. Persons on unemployment allowance
are no longer entitled to such allowance in either of the cases specified in
Clause 1, Article 87 of the Social Insurance Law.
2. Persons subject to
termination of unemployment allowance in cases specified at Points b and c.
Clause 1. Article 87 of the Social Insurance Law may receive a lump-sum
allowance equal to the value of the total unemployment allowance of the
remaining time they are entitled to unemployment allowance under Clause 2,
Article 82 of the Social Insurance Law.
Article
24.- Re-counting of the time of unemployment insurance premium payment
under Clause 3, Article 87 of the Social Insurance Law
1. After ceasing to receive
unemployment allowance under Article 23 of this Decree, laborers' previous time
of paying unemployment insurance premiums for which they have received monthly
unemployment allowance is not counted for paying unemployment allowance to
laborers for their subsequent loss of jobs or termination of labor or working
contracts.
2. The time of unemployment
insurance premium payment for the subsequent working time shall be re-counted.
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UNEMPLOYMENT INSURANCE
FUND
Article
25.- Sources to form the unemployment insurance fund under Article 102 of
the Social Insurance Law
1. Laborers' payment of 1% of their
monthly salary or remuneration on which unemployment insurance premiums are
based.
2. Employers' payment of \% of
the fund of monthly salaries and remunerations of laborers participating in
unemployment insurance on which unemployment insurance premiums are based.
3. The State's monthly budgetary
support, which is transferred once a year and equal to 1 % of the fund of the
salaries and remunerations of laborers participating in unemployment insurance
on which unemployment insurance premiums are based.
4. Profits from the fund's
investment activities.
5. Other lawful sources of
revenue.
Article
26.-Mode of unemployment insurance premium payment
1. Employers shall monthly pay
unemployment insurance premiums at the level set in Clause 2, Article 102 of the
Social Insurance Law and deduct the salary and remuneration of every laborer at
the level set in Clause 1, Article 102 of the Social Insurance Law for
concurrent payment into the unemployment insurance fund.
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3. Annually, the State shall
transfer from the state budget an amount to the unemployment insurance fund at
the level set in Clause 3. Article102 of the Social Insurance Law.
The Ministry of Finance shall
provide specific guidance on state budget supports for the implementation of
the unemployment insurance policy under this Article.
Article
27.- Monthly salaries or remunerations on which unemployment insurance
premiums are based under Article 105 of the Social Insurance Law
1. Monthly salaries of laborers
subject to the state-prescribed wage regime, on which unemployment insurance
premiums are based, are their rank- or grade-based salaries and position,
extra-seniority or professional seniority allowances (if any).
These salaries shall be
calculated on the basis of the common minimum salary at the time of paying
unemployment insurance premiums.
2. Monthly salaries or
remunerations of laborers paying unemployment insurance premiums according to
the salary regime decided by their employers, on which unemployment insurance
premiums are based, are their monthly salaries or remunerations specified in
their labor or working contracts.
3. When the monthly salaries or
remunerations specified in Clauses I and2 of this Article are higher than
twenty months' common minimum salary, the monthly salary or remuneration on
which social insurance premiums are based is equal to twenty months' common
minimum salary at the time of paying unemployment insurance premiums.
Article
28.- Use of the unemployment insurance fund under Article 103 of the Social
Insurance Law
1. Paying monthly unemployment
allowances for laborers entitled to unemployment insurance regimes under
Article 16 of this Decree.
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3. Supporting job seeking for
laborers who are on monthly unemployment allowance under Article 18 of this
Decree in seeking jobs.
4. Paying health insurance premiums
for laborers who are on monthly unemployment allowance under Article 19 of this
Decree.
5. Covering unemployment
insurance management expenses.
6. Making investment to preserve
and increase the fund according to regulations.
Article
29.- Management expenses under Article 104 of the Social Insurance Law
Annual unemployment insurance
management expenses shall be taken from the unemployment insurance fund and are
equal to the level of management expenses of state administrative agencies
under the Government's regulations.
Article
30.- Management of the unemployment insurance fund
1. Vietnam Social Insurance
shall collect revenues and cover expenses of, and manage, the unemployment
insurance fund and may open savings accounts of the unemployment insurance fund
at state treasuries and state commercial banks. The credit balance on the
savings accounts enjoys savings interest rates set by state treasuries and
state commercial banks.
2. Social insurance
organizations shall annually settle revenues and expenditures of the
unemployment insurance fund; and cover management expenses according to
regulations.
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1. Vietnam Social Insurance
shall take measures to preserve and increase the value of the unemployment
insurance fund from the fund's temporarily idle money. Investment activities of
the unemployment insurance fund must ensure security, efficiency and recovery
when necessary.
2. The Social Insurance
Management Council may decide on investment in the following forms:
a/ Purchasing bonds and treasury
bills of the State and state commercial banks;
b/ Providing loans to state
commercial banks, the Vietnam Development Bank and the Policy Bank;
c/ Other forms of investment
decided by the Social Insurance Management Council.
3. Annual investment profits and
increased funds of the unemployment insurance fund shall be added to the
unemployment insurance fund.
Article
32.- Financial plans
1. Vietnam Social Insurance
shall annually elaborate plans on revenues and expenditures of the unemployment
insurance fund (including state budget supports under Clause 3. Article 25 of
this Decree); unemployment insurance management expenditures; and investment
for the fund's growth and submit them to the Social Insurance Management
Council for evaluation and report to the Ministry of Finance and the Ministry
of Labor, War Invalids and Social Affairs.
The Ministry of Finance shall
make the sum-up and propose the Prime Minister to decide on the assignment of
financial plans.
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Article
33.- Examination, inspection, audit of financial activities of the
unemployment insurance fund
The unemployment insurance
fund's financial activities are subject to the examination, inspection and
audit by finance state management agencies and the state audit.
Chapter V
UNEMPLOYMENT INSURANCE
PROCEDURES
Article
34.- Job seeking registration and notification to labor agencies under
Clauses 4 and 5. Article 8 of this Decree
1. A laborer shall make
registration at a labor agency within 7 working days from the date of losing
his/her job or terminating his/her labor or working contract.
2. During the lime of receiving
unemployment allowance, an unemployed person shall monthly notify a labor
agency of his/her job seeking.
Article
35.- Records on unemployment insurance premium payment and entitlement
1. The record on unemployment
insurance premium payment and entitlement as a basis for unemployment insurance
coverage under this Decree is the social insurance book.
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Article
36.- Unemployment insurance dossiers under Article 110 of the Social
Insurance Law
Within 30 working days from the
date of entering a labor or working contract, employers specified in Article 3 of
this Decree shall submit unemployment insurance dossiers of their own and their
employees to social insurance organizations. Such a dossier comprises;
1. Personal declarations made by
laborers according to a form set by the Ministry of Labor, War Invalids and
Social Affairs.
2. A list of laborers
participating in unemployment insurance made by the employer according to a
form set by the Ministry of Labor, War Invalids and Social Affairs.
Article
37.- A dossier for enjoyment of unemployment insurance indemnities under
Article 125 of the Social Insurance Law comprises:
1. A written request for
enjoyment of unemployment insurance indemnities, made according to a form set
by the Ministry of Labor, War Invalids and Social Affairs.
2. A copy of the expired labor
or working contract or the agreement on termination of the labor or working
contract or the last employer's certification of the lawful unilateral
termination of the labor or working contract.
Article
38.- Settlement of enjoyment of unemployment insurance indemnities
1. Laborers shall submit to
labor agencies their dossiers for enjoyment of unemployment insurance
indemnities under Article 37 of this Decree.
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Chapter VI
COMPLAINTS AND
DENUNCIATIONS ABOUT UNEMPLOYMENT INSURANCE
Article
39.- Unemployment insurance complainants under Article 130 of the Social
Insurance Law include:
1. Laborers specified in Article
2 of this Decree;
2. Persons who are on monthly
unemployment allowance;
3. Persons who have a reserved
unemployment insurance premium payment period;
4. Persons who are suspended
from receiving monthly unemployment allowance;
5. Persons subject to
termination of receipt of monthly unemployment allowance;
6. Employers specified in
Article 3 of this Decree.
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1. Competence to settle
complaints about unemployment insurance:
a/ Employers, heads of labor
agencies and heads of social insurance agencies shall settle first-time
complaints about their complained unemployment insurance-related decisions or
acts.
When an employer making a
decision or committing an act related to unemployment insurance about which a
complaint is lodged no longer exists, a district-level labor state management
agency shall settle such complaint;
b/ Provincial-level Labor, War
Invalids and Social Affairs Service directors may settle complaints about
complaint-settling decisions made by employers, heads of labor agencies or
heads of social insurance agencies with which complainants disagree or
complaints which, past the prescribed time limit, have not been settled while
complainants do not initiate a lawsuit at court.
2. Order of and procedures for
lodging complaints and first settlement of complaints
about unemployment insurance
a/ When finding that an unlawful
unemployment insurance-related decision or act infringes upon his/her lawful
rights or interests, a complainant may send a written complaint to the person
or organization that has issued such decision or committed such act;
b/ When receiving such a
complaint the person or organization having issued the complained decision or
committed the complained act shall accept and settle that complaint;
c/ The statute of limitations
for lodging complaints, the procedures for lodging complaints and time limit
for first settlement of complaints comply with the law on complaints and
denunciations.
3. Order of and procedures for
lodging complaints and second settlement of complaints about unemployment
insurance
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b/ When a complainant disagrees
with the complaint-settling decision of the director of a provincial-level
Labor, War Invalids and Social Affairs Service or past the prescribed time
limit, his/her complaint has not been settled he/she may initiate a lawsuit at
court.
c/ The statute of limitations
for lodging complaints, the procedures for lodging complaints and time limit
for second settlement of complaints comply with the law on complaints and denunciations.
Chapter
VII
IMPLEMENTATION
PROVISIONS
Article
41.- Transitional provisions under Clause 6. Article 139 of the Social
Insurance Law
1. The duration for which
laborers pay unemployment premiums under Clause 1, Article 102 of the Social
Insurance Law may not be counted for entitlement to job loss or severance
allowance under the labor law or the law on cadres and public employees.
2. The actual working time of
laborers under labor or working contracts with employers for which unemployment
insurance premiums are not paid may be counted for entitlement to job loss or
severance allowance under the current labor law or to severance allowance under
the law on cadres and public employees.
Salaries or remunerations which
are used for calculating severance or job loss allowances under the labor law
are the average salary or remuneration of six consecutive months under labor
contracts before laborers lose their jobs or terminate their labor contracts,
including grade-or position-based salaries or remunerations, region- or
position-based allowances (if any).
Salaries used for calculating
severance allowances under the law on cadres and public employees are the rank-
or grade-based salaries, position-, region- or extra seniority-based allowances
and reserved difference coefficient (if any) at the time of job severance.
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4. The provisions of this Decree
are applicable to laborers being salaried managers of enterprises or
cooperatives.
Article
42.- Responsibilities of ministries and branches
1. The Ministry of Labor, War
Invalids and Social Affairs shall guide the implementation of this Decree.
2. The Ministry of Finance shall
guide the financial regime applicable to the unemployment insurance fund.
3. Other concerned ministries
and branches shall, within the ambit of their functions, tasks and powers,
guide the implementation of this Decree.
Article
43.- Implementation effect
This Decree takes effect on
January 1, 2009.
Article
44.- Implementation responsibilities
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial-level People's Committees shall implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung