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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
100/2012/ND-CP
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Hanoi,
November 21, 2012
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DECREE
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO.
127/2008/ND-CP, OF DECEMBER 12, 2008 DETAILING AND GUIDING IMPLEMENTATION OF A
NUMBER OF ARTICLES OF THE LAW ON SOCIAL INSURANCE REGARDING UNEMPLOYMENT
INSURANCE
Pursuant to the Law on Government
organization,of December 25, 2001;
Pursuant to the Labor Code of June
23, 1994; Law on amending and supplementing a number of articles of the Labor
Code of April 02, 2002; Law on amending and supplementing a number of articles
of the Labor Code of June 29, 2006;
Pursuant to the Law on Social
insurance, of June 29, 2006;
At the proposal of Minister of
Labor, War Invalids and Social Affairs;
The Government promulgates Decree
amending and supplementing a number of articles of the Government’s Decree No.
127/2008/ND-CP, of December 12, 2008 detailing and guiding implementation of a
number of articles of the Law on social insurance regarding unemployment
insurance.
Article 1. To amend and supplement a number of articles of the Government’s Decree
No. 127/2008/ND-CP, of December 12, 2008 detailing and guiding implementation
of a number of articles of the Law on social insurance regarding unemployment
insurance as follows:
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“d) Working contracts of indefinite
term.”
2. To supplement clause 3 Article
2 as follows:
“Laborers being on leave for enjoying the maternity or sickness regime for from 14
working days or more in a month, not enjoyed monthly salaries, ways at units
and enjoyed social insurance allowances; laborers temperately postpone
performance of concluded labor contracts or working contracts as prescribed by
law, so in this duration, such laborers are not subject to participate in
unemployment insurance”
3. To amend clause 3 and
supplement clause 7, clause 8, Article 8 as follows:
“3. To keep and use social insurance
books during unemployment duration.”
“7. To receive notification on not
being enjoyed unemployment allowances, decisions on enjoying unemployment
allowances, decisions on enjoying lump-sum allowances, decisions on supporting
vocational learning, decisions on temperately stop enjoying unemployment
allowances, decisions on continuing to enjoy unemployment allowances,
decisions on termination of enjoying unemployment allowances as guided by
the Ministry of Labor, War Invalids and Social Affairs.
8. To implement fully provisions of
law on unemployment insurance and implement other provisions of law.”
4. To amend and supplement Article
10 as follows:
“Article 10. Unemployment
insurance-related responsibilities of employers under Article 18 of the Social
Insurance Law
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2. To notify with labor agencies when
having changes on laborers working in their units under guides of the Ministry
of Labor, War Invalids and Social Affairs. For units of armed forces, the
Ministry of Labor, War Invalids and Social Affairs shall assume the prime
responsibility for, and coordinate with the Ministry of Public Security and the
Ministry of National Defense to guide for implementation.
3. To timely, fully and properly pay
unemployment insurance premiums as prescribed by law.
4. To preserve unemployment insurance
dossiers of laborers and of employers during the time laborers work for them.
5. To produce documents and dossiers
and supply relevant information at the request of competent state agencies upon
unemployment insurance examination or inspection.
6. To supply information on payment
of unemployment insurance premiums of a laborer for
him/her within 02 days (calculated by working days), after being requested by
him/her.
7. To supply documents as prescribed
in clause 2 Article 37 of this Decree for laborers in order to complete
dossiers enjoying unemployment insurance indemnities.
8. To implement other
responsibilities as prescribed by law.”
5. To amend and supplement Article
15 as follows:
“Article 15. Conditions for
entitlement to unemployment insurance indemnities under
Article 81 of the Social Insurance Law
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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 or working contract as prescribed by law.
It is permitted to calculate month
paying unemployment insurance premiums of a laborer if employer and laborer
paid unemployment insurance premiums, laborer implemented labor contract or
working contract for at least a day in that month.
2. Having registered unemployment
with a labor agency when losing a job or terminating a labor or working
contract.
3. Failing to find a job within 15
days after the date of registering with a labor agency under Clause 2 of this
Article.”
6. To amend and supplement clause
2, clause 3, Article 17 as follows:
“2. The levels
of support for laborers enjoying unemployment allowance depend on levels of cost for vocational learning of each profession, levels of support for vocational learning are calculated
by month on the basis of levels of cost for vocational
training of each profession. Levels of support for vocational learning are
specified by the Prime Minister.
3. The time of support depend on
training time of each profession and each laborer, but does not exceed 6
months. The beginning time of support is calculated from the date a
laborer receives monthly unemployment allowance.”
7. To amend and supplement Article
34 as follows:
“Article 34. Registration of
unemployment and notification on finding jobs with labor agencies
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2. Monthly, persons enjoying
unemployment allowances must directly come to notify with labor agencies on
finding jobs.”
8. To amend and supplement Article
37 as follows:
“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 unilateral termination of
the labor or working contract in according to guides of the Ministry of Labor,
War Invalids and Social Affairs.
3. Laborers must present the social
insurance book or certification of social insurance agencies on payment of
unemployment insurance when submitting dossier to enjoy unemployment insurance
indemnities.”
9. To amend and supplement Article
38 as follows:
“Article 38. Settlement of
enjoyment of unemployment insurance indemnities under Article 126 of the Social
Insurance Law comprises:
1. Within 15 days (calculated by
working days), after registering for unemployment, laborers must directly file
dossier of enjoyment of unemployment insurance indemnities as prescribed in
Article 37 of this Decree to labor agencies where laborers registered for
unemployment or labor agencies of forwarded places in order to enjoy unemployment
insurance indemnities.
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3. Within 15 days (calculated by
working days), after receiving request for support for vocational learning of
unemployed persons, labor agencies shall settle; in case refuse for settlement,
they must reply in writing and clearly state reason thereof.
4. Within 5 days (calculated by
working days), after receiving decision on enjoying unemployment allowances of
labor agencies, the social insurance agencies shall implement payment of
monthly or lump-sum unemployment allowances for laborers. In case social
insurance agencies fail to implement payment properly with the defined time
limit or refuse payment of unemployment insurance regimes which are not in
accordance with provisions of law, social insurance agencies must have a
written notification to labor agencies and laborers and clearly state reason
thereof.
5. If laborers do not receive
decision on enjoying unemployment allowances, decision on support for
vocational learning or do not want to receive unemployment allowances,
regulations of the Ministry of Labor, War Invalids and Social Affairs shall be
implemented.”
Article 2. Effectiveness and
responsibility for implementation
1. This Decree takes effect on
January 15, 2013.
2. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, the President of
the People’s Committee of central-affiliated cities and provinces shall
implement this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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