THE
MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
04/2009/TT-BLDTBXH
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Hanoi,
January 22, 2009
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CIRCULAR
GUIDING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO.
127/2008/ND-CP OF DECEMBER 12, 2008, DETAILING AND GUIDING A NUMBER OF ARTICLES
OF THE SOCIAL INSURANCE LAW CONCERNING UNEMPLOYMENT INSURANCE
Pursuant to the Government's Decree
No. 186/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers
and organizational structure of the Ministry of Labor, War Invalids and Social
Affairs;
Pursuant to the Government's Decree No. 127/2008/ND-CP of December 12, 2008,
detailing and guiding a number of articles of the Social Insurance Law
concerning unemployment insurance,
The Ministry of Labor, War Invalids and Social Affairs guides a number of
articles of the Government's Decree No. 127/2008/ND-CP of December 12, 2008,
detailing and guiding a number of articles of the Social Insurance Law
concerning unemployment insurance (below referred to as Decree No.
127/2008/ND-CP), as follows:
I. SUBJECTS
AND SCOPE OF APPLICATION
The subjects and scope of
application of this Circular are those defined in Articles 1,2 and 3 of Decree
No. 127/2008/ND-CP.
II.
UNEMPLOYMENT INSURANCE REGIMES
1. Unemployment allowance:
1.1. The unemployment allowance
level under Clause 2, Article 16of Decree No. 127/2008/ND-CP is guided as
follows:
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When a laborer did not pay
unemployment insurance premiums for some time in the last months before he/she
becomes unemployed because of his/her ineligibility for unemployment insurance
premium payment according to regulations, the average monthly salary or
remuneration of six consecutive months as a basis for calculating the
unemployment allowance level is the average monthly salary or remuneration of
six months during which the laborer has paid unemployment insurance premiums
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 employees.
For example:
Nguyen Van Khang pays
unemployment insurance premiums from January 1, 2009, to January 14, 2012,
except October and November 2011 under regulations. He terminates his labor
contract in January 2012; his salaries of the consecutive months before his
unemployment, on which unemployment insurance premiums are based, are as follows:
May 2011:
VND 2.450, 000
June 2011:
VND 2,750,000
July 2011:
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August 2011:
VND 2,950, 000
September 2011:
VND 2.800,000
December 2011:
VND 2.650,000
If Khang is eligible for unemployment allowance, his monthly
unemployment allowance is calculated as follows:
- The average salary of six
consecutive months is:
(VND 2,450,000 + VND 2,750,000 +
VND 2,750,000 + VND 2,950,000 + VND 2,800,000 + VND 2,650,000): 6 = VND
2,725,000/month.
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VND 2,725,000/month x 60% = VND
1,635,000/month.
1.2. The period of enjoying
unemployment allowance under Clause 3, Article 16 of Decree No. 127/2008/ND-CP
is guided as follows:
The period of enjoying monthly
unemployment allowance depends on a laborer's working time during which
unemployment insurance premiums have been paid, and the maximum period is
guided as follows:
a/ Three (03) months, if the
laborer has paid unemployment insurance premiums for between full twelve (12)
months and less than thirty-six (36) months.
For example: Pham Thi Be has
paid unemployment insurance premiums for 13 months within 24 months before she
loses her job, she may receive unemployment allowance for three months at most.
b/ Six (06) months, if the
laborer has paid unemployment insurance premiums for between full thirty-six
(36) months and less than seventy-two (72) months.
For example: Pham Thanh Binh has
paid unemployment insurance premiums for a total 71 months, including at least
full 12 months within 24 months before he loses his job, he may receive
unemployment allowance for 6 months at most.
c/ Nine (09) months, if the
laborer has paid unemployment insurance premiums for between full seventy-two
(72) months and less than one hundred and forty-four (144) months.
For example: Nguyen Van Hung has
paid unemployment insurance premiums for a total 80 months, including at least
full 12 months within 24 months before he loses his job, he may receive
unemployment allowance for 9 months at most.
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For example: Tran Thanh Tung has
paid unemployment insurance premiums for a total 145 months, including at least
full 12 months within 24 months before he loses his job, he may receive
unemployment allowance for 12 months at most.
1.3. Suspension from
unemployment allowance under Clause 1, Article 22 of Decree No. 127/2008/ND-CP
is guided as follows:
A laborer on monthly
unemployment allowance is suspended from receiving such allowance in one of the
following cases:
a/ Failing to monthly report on
his/her job seeking to the Labor, War Invalids and Social Affairs Section of a
district, town or provincial city (below referred to as district-level Labor,
War Invalids and Social Affairs Section) according to regulations.
b/ Being put in detention.
1.4. Resumption of suspended
monthly unemployment allowance under Clause 2. Article 22 of Decree No.
127/2008/ND-CP is guided as follows:
a/ The period of enjoying
unemployment allowance under Point 1.2 of this Clause has not yet expired and
the laborer resumes his/her monthly reporting on job seeking to a
district-level Labor, War Invalids and Social Affairs Section according to
regulations.
b/ The period of enjoying
unemployment allowance under Point 1.2 of this Clause has not yet expired after
the laborer is released from detention.
A laborer subject to employment
allowance resumption will not be refunded employment allowance for the
suspension period.
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A person on unemployment allowance
is no longer entitled to such allowance in one of the following cases:
a/ The unemployment allowance
enjoyment period under Point 1.2 of this Clause expires.
b/ He/she gets a job.
c/ He is on military service.
d/ He/she enjoys pension.
dd/ He/she refuses two jobs
recommended by job centers without plausible reasons.
e/ He/she fails to monthly
report on his/her job seeking to a district-level Labor, War Invalids and
Social Affairs Section for three consecutive months.
g/ He/she settles overseas.
h/ He/she serves a decision on
application of administrative sanctioning measure at a reformatory, educational
institution or healthcare establishment or is imprisoned.
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1.6. A person subject to
unemployment allowance termination under Items b and c of Point 1.5 above may
receive a lump-sum allowance equal to the value of the total unemployment
allowance of the remaining period of unemployment allowance enjoyment.
1.7. Vietnam Social Insurance
shall pay unemployment allowances.
2. Vocational training
support:
2.1. Vocational training support
for laborers under Clause 1, Article 17 of Decree No. 127/2008/ND-CP is guided
as follows:
A laborer on unemployment
allowance may, at his/her wish, be supported to learn a trade at a vocational
training institution, but may not receive money to learn the trade on his/her
own.
2.2. The vocational training
support level under Clause 2. Article 17of Decree No. 127/2008/ND-
CP is guided as follows:
The vocational training support
level for a laborer on unemployment allowance is equal to the cost for
short-term vocational training under the law on vocational training.
A laborer on unemployment
allowance who wishes to learn a trade at a cost higher than the prescribed cost
for short-term vocational training shall cover the amount exceeding the
prescribed cost.
2.3. The vocational training
support period under Clause 3, Article 17 of Decree No. 127/2008/ND-CP is
guided as follows:
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For example:
Hoang Van Tuan, who is entitled
to unemployment allowance for 6 months and receives support in the 4th month of
the unemployment allowance enjoyment period to attend a vocational training
course for 5 months, may still be supported to complete this course in the two
months after he ceases to receive unemployment allowance.
2.4. Vietnam Social Insurance
shall cover vocational training support expenses.
3. Job seeking support:
3.1. Job seeking support under
Clause I .Article 18 of Decree No. 127/2008/ND-CP is guided as follows:
A laborer on unemployment
allowance may receive free job counseling and recommendation from a job center
under the Labor, War Invalids and Social Affairs Service of the province or
city where he/she registers to enjoy unemployment insurance. A laborer must be
supported to find a job suitable to his/her qualification and work experience.
3.2. The period for laborers to
receive job counseling and recommendation under Clause 2, Article 18 of Decree
No. 127/2008/ND-CP is guided as follows:
The period for a laborer to
receive job counseling and recommendation from a job center under a
provincial-level Labor, War Invalids and Social Affairs Service is counted from
the date the laborer starts to enjoy monthly unemployment allowance and must
not exceed his/her unemployment allowance enjoyment period under Point 1.2,
Clause 1 of this Section.
3.3. Vietnam Social Insurance
shall cover job counseling and recommendation expenses.
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Unemployed people's entitlement
to health insurance under Clause 2, Article 19 of Decree No. 127/2008/ND-CP is
guided as follows:
4.1. A person on monthly
unemployment allowance is entitled to the health insurance regime under the
health insurance law. When his/her unemployment allowance enjoyment period
expires, an unemployed person is no longer entitled to health insurance and
shall return the health insurance card to a social insurance body under the
guidance of Vietnam Social Insurance.
4.2. Vietnam Social Insurance
shall pay health insurance premiums for people on unemployment allowance.
III. ORDER OF
AND PROCEDURES FOR UNEMPLOYMENT INSURANCE
1. Participation in
unemployment insurance:
1.1. Employers employing ten
(10) or more laborers under Article 3 of Decree No. 127/2008/ND-CP are guided
as follows:
Ten (10) or more laborers
employed by an employer include Vietnamese laborers working under labor
contracts or working contracts of an indefinite term; labor contracts or
working contracts of a definite term of between full 12 months and 36 months;
labor contracts or seasonal or job-based working contracts of a term of full 3
months or more. For a state management agency, ten (10) or more laborers
employed by the employer include cadres and public employees currently working
at the agency.
The time for counting the annual
number of laborers of enterprises, agencies and organizations for participation
in unemployment insurance is January 1 of a calendar year.
When at another point of time in
a year an employer employs an adequate number of laborers eligible for
unemployment insurance participation according to regulations, the time for
counting laborers for unemployment insurance participation of such enterprise,
agency or organization for that year is the 1st of the following month of a
calendar year.
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Within thirty (30) working days
from the date of entering a labor or working contract, an employer shall submit
unemployment insurance dossiers to a social insurance body.
Vietnam Social Insurance shall
guide the procedures for submitting and receiving unemployment insurance
dossiers.
1.3 The unemployment insurance
dossier under Article 36 of Decree No. 127/2008/ND-CP comprises:
a/ Personal declarations by
laborers, covering the following details: full name; sex; birth date; ethnic
group; nationality, place of residence; identity card number and date and place
of issue; number and date of labor contract, type of labor contract, wage or
remuneration and allowances on which unemployment insurance premiums are based
according to regulations, effective date of labor contract; social insurance
book number; unemployment insurance participation period without enjoying
unemployment insurance yet; laborer's commitment; and certification of
employer. Vietnam Social Insurance shall issue the social insurance declaration
form, which contains the above details.
b/ An unemployment insurance
buyer list made by the employer, covering the following contents: full name;
identity card number; social insurance book number; type of labor contract; and
wage or remuneration and allowances on which unemployment insurance premiums
are based according to regulations. Vietnam Social Insurance shall issue the
form of unemployment insurance buyer list, which contains the above details.
2. Unemployment insurance
premiums payment:
2.1. The mode of unemployment
insurance premium payment under Clause 1, Article 26 of Decree No.
127/2008/ND-CP is guided as follows:
Monthly, an employer shall pay
unemployment insurance premiums at the level equal to 1% of the fund of
unemployment insurance buyers' salaries and remunerations on which unemployment
insurance premiums are based, and deduct 1% of every laborer's salary and
remuneration for concurrent payment to the unemployment insurance fund.
An employer who has employed 10
or more laborers subject to unemployment insurance premium payment shall pay
unemployment insurance premiums for laborers currently participating in unemployment
insurance even when it employs less than 10 laborers during the year.
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The level of salary or
remuneration on which unemployment insurance premiums are based for a laborer
having a salary or remuneration higher than twenty months' common minimum
salary is equal to twenty months' common minimum salary (which is currently VND
54().(K)()/month; the salary or remuneration on which unemployment insurance
premiums are based will be maximum VND 10.800.000/month). When the common
minimum salary is adjusted, the salary or remuneration on which unemployment
insurance premiums are based shall be adjusted according to the above
principle.
Example 1:
Hoang Van Huy works for a
computer component company and in February 2009 earns a monthly salary of VND
13,600,000. His monthly salary on which unemployment insurance premiums are
based is VND 10,800,000.
Example 2:
Hoang Van Hoa works for a wholly
foreign-owned company and his salary under the labor contract is USD 800/month.
In March 2009, the actual salary he receives is VND 13,600,000/month
(calculated according to the average inter-bank foreign exchange rate of VND
17,000/USD 1 announced by the State Bank of Vietnam on March 1. 2009). Hoa's
monthly salary on which unemployment insurance premiums are based is VND
10,800,000.
2.3. Vietnam Social Insurance
shall prescribe the time for employers to pay unemployment insurance premiums
under Clause 2, Article 26 of Decree No. 127/2008/ND-CP.
2.4. The order of and procedures
for paying unemployment insurance premiums comply with Vietnam Social
Insurance's guidance.
3. Enjoyment of unemployment
insurance:
3.1. Registration under Clause
1. Article 34 of Decree No. 127/2008/ND-CP is guided as follows:
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A laborer shall make
unemployment registration according to Form No. 1 attached to this Circular
(not printed herein).
3.2. Dossiers of request for
unemployment insurance indemnities under Article 37 of Decree No.
127/2008/ND-CP are guided as follows:
a/ A written request for
unemployment insurance indemnities, made according to Form No. 2 attached to
this Circular {not printed herein)
b/ 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, and the social insurance book.
An unemployed person shall submit
a full dossier of request for unemployment insurance indemnities within 15 days
from the date of unemployment registration.
3.3. Settlement of unemployment
insurance indemnification under Clause 2. Article 38 of Decree No.
127/2008/ND-CP is guided as follows:
a/ Time limit for settlement:
within 20 working days from the date of receiving a full dossier under Point
3.2, Clause 3. Section III of this Circular.
b/ For cases eligible for
enjoying unemployment insurance regimes:
- Unemployment allowance:
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+ Employment state management
sections under provincial-level Labor, War Invalids and Social Affairs Services
shall appraise dossiers and submit them to provincial-level Labor, War Invalids
and Social Affairs Service directors for consideration and decision.
+ One copy of the decision of a
Labor. War Invalids and Social Affairs Service director shall be sent to Social
Insurance of a province or centrally run city (below referred to as
provincial-level Social Insurance) for unemployment allowance payment; one copy,
to the job center under the provincial-level Labor. War Invalids and Social
Affairs Service for job counseling and recommendation; and one copy, to the
district-level Labor, War Invalids and Social Affairs Section for monitoring
the laborer's job seeking and for determining cases of suspension from, or
termination or resumption of, unemployment allowance enjoyment, and submitting
them to the provincial-level Labor, War Invalids and Social Affairs Service
director for consideration and decision; and one copy, to the laborer for
compliance. Decisions on enjoyment of unemployment allowance are made according
to Form No. 3 attached to this Circular (not printed herein).
If eligible for lump-sum
allowance under Clause 2, Article 23 of Decree No. 127/2008/ND-CP, a laborer
shall make a request according to Form No. 4 attached to this Circular (not
printed herein); the district-level Labor. War Invalids and Social Affairs
Section shall determine the lump sum allowance level and submit it to the
provincial-level Labor, War Invalids and Social Affairs Service; the employment
state management section under the provincial-level Labor, War Invalids and
Social Affairs Service shall appraise the dossier and submit it to the Labor.
War Invalids and Social Affairs Service director for consideration and
decision; one copy of the decision of the Labor, War Invalids and Social
Affairs Service director shall be sent to provincial-level Social Insurance for
unemployment allowance payment; and one copy, to the district-level Labor. War
Invalids and Social Affairs Section. Decisions on enjoyment of lump sum
unemployment allowance are made according to Form No. 5 attached to this
Circular (not printed herein).
The order of and procedures for
unemployment allowance payment comply with Vietnam Social Insurance's specific
guidance.
- Job counseling and
recommendation:
After receiving a Labor, War
Invalids and Social Affairs Service director's decision on a laborer's
unemployment allowance enjoyment, a job center shall provide free job counseling
and recommendation for the laborer. Expenses for unemployment registration and
job counseling and recommendation for laborers on unemployment allowance comply
with the Ministry of Finance's guidance.
- Vocational training support:
+ When a laborer fails to find a
job after receiving job counseling and recommendation and wishes to attend a
vocational training course, he/ she shall make a request according to Form No.
6 attached to this Circular (not printed herein) and submit it to the
district-level Labor, War Invalids and Social Affairs Section.
+ The district-level Labor, War
Invalids and Social Affairs Section shall identify the to-be-trained trade and
determine the support level and training place and submit them to the provincial-level
Labor, War Invalids and Social Affairs Service for consideration and decision.
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+ One copy of the decision of
the Labor, War Invalids and Social Affairs Service director shall be sent to
provincial-level Social Insurance for payment of vocational training expenses
to the vocational training institution (including job centers which provide
vocational training for unemployed people); one copy, to the job center for
post-training job counseling and recommendation; one copy, to the
district-level Labor. War Invalids and Social Affairs Section for monitoring
the laborer's job seeking; and one copy, to the laborer for compliance.
Decisions on enjoyment of
vocational training support are made according to Form No. 7 attached to this
Circular (not printed herein).
The order of and procedures for
payment of vocational training support expenses comply with Vietnam Social
Insurance's regulations.
c/ For cases ineligible for
unemployment insurance regimes, district-level Labor, War Invalids and Social
Affairs Sections shall issue a reply, made according to Form No. 8 attached to
this Circular (not printed herein), clearly stating the reason.
3.4. When an unemployed laborer
changes his/ her place of residence to, or moves to his/her family's place of
residence in, another province or centrally run city and wishes to receive
unemployment insurance indemnities in this province or city, he/she shall make
a request according to Form No. 9 attached to this Circular (not printed herein)
and submit it to the district level Labor, War Invalids and Social Affairs
Section of the place where he/she is paying unemployment insurance premiums.
This Labor, War Invalids and Social Affairs Section shall, at the laborers
request, make a recommendation on enjoyment of unemployment insurance regimes
according to Form No. 10 attached to this Circular (not printed herein) to the
district-level Labor, War Invalids and Social Affairs Section of the place
where the laborer moves to, which shall settle unemployment insurance
indemnification according to Item 3.3 of this Point.
3.5. Monthly reporting on job
seeking under Clause 2, Article 34 of Decree No. 127/2008/ND-CP is guided as
follows:
While on unemployment allowance,
on the 15lh every month (or the following working day if the 15th falls on a
holiday), an unemployed laborer shall make a report on his/her job seeking
according to Form No. 11 attached to this Circular (not printed herein)
directly at the district-level Labor, War Invalids and Social Affairs Section
of the place where he/she is enjoying unemployment allowance.
4. Suspension from
unemployment allowance
4.1. Cases of suspension from
unemployment allowance under Clause 1, Article 22 of Decree No. 127/2008/ND-CP
are guided as follows:
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b/ Laborers on unemployment
allowance are put in detention as notified by provincial-level Labor, War
Invalids and Social Affairs Services.
4.2. Order of and procedures for
unemployment allowance suspension
When a laborer falls into the
case of suspension from unemployment allowance, the district-level Labor, War
Invalids and Social Affairs Section of the place where such laborer is
receiving unemployment allowance shall submit a report thereon to the
provincial-level Labor. War Invalids and Social Affairs Service; the employment
state management section under the provincial-level Labor, War Invalids and
Social Affairs Service shall appraise the case and submit it to die Labor. War
Invalids and Social Affairs Service director for consideration and decision.
One copy of the decision on
unemployment allowance suspension of the provincial-level Labor, War Invalids
and Social Affairs Service director shall be sent to provincial-level Social
Insurance for compliance; one copy, to the district-level Labor, War Invalids
and Social Affairs Section; one copy, to the job center; and one copy, to the
laborer for compliance. Decisions on unemployment allowance suspension are made
according to Form No. 12 attached to this Circular (not printed herein).
4.3. Resumption of monthly
unemployment allowance: The district-level Labor, War Invalids and Social
Affairs Section of the place where a laborer is suspended from receiving
unemployment allowance shall submit to the provincial-level Labor, War Invalids
and Social Affairs Service a report on resumption of unemployment allowance for
the laborer when he/she falls into the cases specified in Clause 2. Article 22
of Decree No. 127/2008/ND-CP; the employment state management sections under the
provincial-level Labor, War Invalids and Social Affairs Service shall appraise
the case and submit it to the Labor. War Invalids and Social Affairs Service
director for consideration and decision.
One copy of the decision on
unemployment allowance resumption of the provincial-level Labor, War Invalids
and Social Affairs Service director shall be sent to provincial-level Social
Insurance for compliance; one copy, to the district-level Labor, War Invalids
and Social Affairs Section; one copy, to the job center; and one copy, to the
laborer for compliance. Decisions on resumption of unemployment allowance are
made according to Form No. 13 attached to this Circular (not printed herein).
5. Termination of
unemployment allowance Cases specified in Items d, e, f, g, h and i, Clause 1,
Article 87 of the Unemployment Insurance Law are subject to termination of
unemployment allowance: A district-level Labor, War Invalids and Social Affairs
Section of the place where laborers are enjoying unemployment allowance shall
submit a report on cases subject to termination of unemployment allowance to a
provincial-level Labor, War Invalids and Social Affairs Service; the employment
state management section of the provincial-level Labor, War Invalids and Social
Affairs Service shall appraise the cases and submit them to the Service
director for consideration and decision.
One copy of the decision on
unemployment allowance termination of the provincial-level Labor, War Invalids
and Social Affairs Service director shall be sent to provincial-level Social
Insurance for compliance; one copy, to the district-level Labor, War Invalids
and Social Affairs Section; one copy, to the job center; and one copy, to the
laborer for compliance. Decisions on unemployment allowance termination are
made according to Form No. 14 attached to this Circular (not printed herein).
IV.
ORGANIZATION OF IMPLEMENTATION
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1.1. To assume the prime
responsibility for, and coordinate with concerned agencies in, disseminating
and popularizing unemployment insurance regimes, policies and laws; to guide
procedures for collecting unemployment insurance premiums from and paying
unemployment insurance indemnities to laborers and employers being unemployment
insurance buyers.
1.2. To collect unemployment
insurance premiums under law.
1.3. To pay unemployment
allowance, expenses for vocational training support and job counseling and
recommendation under law and decisions of provincial-level Labor, War Invalids
and Social Affairs Service directors.
1.4. To pay health insurance
premiums for people on unemployment allowance; to withdraw health insurance
cards of those no longer on unemployment allowance.
1.5. To stop paying unemployment
allowance, expenses for vocational training support and job counseling and
recommendation and health insurance premiums to people on unemployment
allowance according to notices of provincial-level Labor, War Invalids and
Social Affairs Services.
1.6. Prior to January 15 every
year, to report to the Ministry of Labor, War Invalids and Social Affairs on
the previous year's incomes, expenditures, management and use of the
unemployment insurance fund.
2. Responsibilities of
provincial-level Labor, War Invalids and Social Affairs Services:
2.1. To assume the prime
responsibility for, and coordinate with concerned agencies in, disseminating
and popularizing unemployment insurance regimes, policies and laws.
2.2. To direct attached units,
district-level Labor, War Invalids and Social Affairs Sections, job centers and
vocational training institutions in implementing unemployment insurance
policies in their localities.
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2.4. To monitor, inspect and
examine the implementation of the unemployment insurance law.
2.5. Prior to the 5th every
month, the 15th every July and the 15th every January, to report to the
Ministry of Labor, War Invalids and Social Affairs on the monthly, biannual and
annual implementation of unemployment insurance policies in their localities
according to Form No. 15 attached to this Circular (not printed herein).
3. Responsibilities of
district-level Labor, War Invalids and Social Affairs Sections:
3.1. To receive dossiers of
request for unemployment insurance enjoyment, consider and settle unemployment
insurance regimes in accordance with this Circular.
3.2. To report on the monthly,
biannual and annual implementation of unemployment insurance policies in their
localities to provincial-level Labor, War Invalids and Social Affairs Services:
- Prior to the 2nd every month;
and
- Prior to the 5th every July
and the 10th every January.
3.3. To take measures to support
local unemployed laborers in job seeking and vocational training.
4. Responsibilities of job
centers:
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4.2. To provide job counseling
and recommendation for people on unemployment insurance; to provide vocational
training suitable to people on unemployment insurance.
4.3. To report to
provincial-level Labor, War Invalids and Social Affairs Services on the
monthly, biannual and annual situation of job counseling and recommendation and
vocational training for local unemployed people:
- Prior to the 2nd every month;
and
- Prior to the 10th every July
and the 10th every January.
5. Responsibilities of
vocational training institutions:
To organize vocational training
for unemployed people at the request of provincial-level Labor, War Invalids
and Social Affairs Services.
6. Responsibilities of
employers:
6.1. To collaborate with
grassroots trade unions in disseminating and popularizing unemployment
insurance policies, and strictly observe unemployment insurance regulations; to
pay unemployment insurance premiums fully and in accordance with the
unemployment insurance law.
6.2. To present relevant
documents and dossiers and supply relevant information at the request of
competent state agencies upon unemployment insurance examination or inspection.
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6.4. To report on their payment
of unemployment insurance premiums to Labor, War Invalids and Social Affairs
Services of provinces or centrally run cities where they register for
unemployment insurance participation according to regulations.
7. Responsibilities of the Employment
Department under the Ministry of Labor. War Invalids and Social Affairs:
7.1. To assist the Minister in
performing the state management of unemployment insurance under law.
7.2. To direct, guide and
examine the implementation of unemployment insurance regulations of the State
and the Ministry of Labor. War Invalids and Social Affairs.
7.3. To disseminate, popularize
and train in the unemployment insurance law.
7.4. To review and report according
to regulations on the implementation of unemployment insurance policies and
laws.
8. This Circular takes effect
on January 1, 2009.
In the course of implementation,
any arising problems should be reported to the Ministry of Labor, War Invalids
and Social Affairs for study and settlement.
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