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Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010 of the Ministry of Labor, War Invalids and Social Affairs guiding a number of articles of the Government's Decree No. 127/2008/ND-CP of December
27/04/2011
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THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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No. 32/2010/TT-BLDTBXH

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Hanoi, October 25, 2010

 

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 REGARDING UNEMPLOYMENT INSURANCE

THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS

 

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 regarding 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 regarding unemployment insurance, (below referred to as Decree No. 127/2008/ND-CP), as follows:

I. SUBJECTS AND SCOPE OF APPLICATION

Article 1. Subjects and scope of application

Subjects and scope of application of this Circular arc those defined in Articles 1, 2 and 3 of Decree No. 127/2008/ND-CP, except civil servants as defined in the Government's Decree No. 06/2010/ND-CP of January 25, 2010, on civil servants.

Persons on monthly pension or working capacity loss allowance who sign labor or working contracts with employers are not eligible for unemployment insurance.

II. UNEMPLOYMENT INSURANCE REGIMES

Article 2. Conditions for entitlement to unemployment insurance

Unemployed laborers are entitled to unemployment insurance when they fully satisfy the conditions specified in Article 15 of Decree No. 127/2008/ND-CP specifically guided as follows:

1. Having paid unemployment insurance premiums for full 12 months or more within 24 months before losing a job or terminating a labor or working contract under law.

A month of unemployment insurance premium payment will be counted if the employer and employee have paid unemployment insurance premiums and the employee has performed a labor or working contract for at least one day in that month.

2. Having registered unemployment under law with a job placement center under a provincial-level Labor. War Invalids and Social Affairs Department (below referred to as job placement center) when losing a job or terminating a labor or working contract.

3. Failing to find a job 15 working days after the date of unemployment registration under Clause 2 of this Article (the first date of this 15-day duration is the date following the date of unemployment registration).

Working days referred to in all cases mentioned in this Circular are working days from Monday to Friday every week-

Article 3. Unemployment allowance

1. The unemployment allowance level specified in Clause 2. Article 16 of Decree No.127/2008/ND-CP is guided as follows:

The monthly unemployment allowance level equals 60% of the laborer's average monthly salary or wage of 6 consecutive months before he/she loses a job or terminates a labor or working contract under law, on which unemployment insurance premiums are based.

If, during the last months before becoming unemployed, a laborer has a period of interrupted unemployment insurance premium payment, the period of 6 consecutive months on which unemployment insurance premiums are based is the average of 6 months on which unemployment insurance premiums are based before he/she loses a job or terminates a labor or working contract under law.

2. The period of receiving unemployment allowance specified in Clause 3. Article 16 of Decree No. 127/2008/ND-CP is guided as follows:

a/ Three months, if a laborer has paid unemployment insurance premiums for between full 12 mouths and under 36 months;

b/ Six months, if a laborer has paid unemployment insurance premiums for between lull 36 months and under 72 months;

c/ Nine months, if a laborer has paid unemployment insurance premiums for between full 72 months and under 144 months;

d/ Twelve months, if a laborer has paid unemployment insurance premiums for full 144 months or more.

A month of receiving unemployment allowance mentioned above is a calendar month and is counted from the date a laborer starts to receive unemployment allowance under Clause 3 of this Article to the same date of the subsequent month minus one day.

Example 1:

Mr. Cao Van is entitled to a 3-month unemployment allowance from August 15, 2010. So, he is entitled to unemployment allowance for the following months:

-First month: from August 15. 2010, through September 14, 2010;

- Second month: from September 15, 2010, through October 14, 2010;

- Third month: from October 15, 2010, through November 14, 2010.

3. The time to start receiving unemployment insurance under Article 20 of Decree No. 127/ 2008/ND-CP is guided as follows:

The lime to start receiving unemployment insurance is the 16lh day counted in working days from the date of unemployment registration under regulations.

4. Suspension from receiving unemployment allowance under Clause I. Article 22 of Decree No. 127/2008/ND-CP is guided as follows:

A laborer on monthly unemployment allowance shall be suspended from receiving such allowance in either of the following cases:

a/ Failing to monthly report on his/her job seeking under regulations to the job placement center in the place in which he/she is receiving unemployment allowance.

b/ Being held in temporary detention under a competent state agency's decision.

A laborer on unemployment allowance who is suspended from receiving such allowance in the above two cases on any day of the month during which he/she is entitled to such allowance will still receive the whole allowance for that month.

5. Cases in which a laborer who is suspended from receiving monthly unemployment allowance may receive such allowance again under Clause 2, Article 22 of Decree No. 127/2008/ND-CP are guided as follows:

a/ The period during which the laborer is entitled to unemployment allowance under Clause 2 of this Article has not expired and he/ she resumes monthly reporting on his/her job seeking to the job placement center under regulations.

b/ The period during which the laborer is entitled lo unemployment allowance under Clause 2 of this Article has not expired when he/ she is released from temporary detention.

6. Cases in which a laborer on unemployment allowance is no longer entitled to such allowance under Clause 1, Article 23 of Decree No. 127/ 2008/ND-CP are guided as follows:

a/ The period during which the laborer receives unemployment allowance has expired under the decision on unemployment allowance.

b/ He/she has found a job.

A laborer is regarded as having found a job in any of the following cases:

- He/she has signed a labor or working contract (including the paid probation) of full 3 months or more;

- He/she has received a recruitment decision, for laborers working without labor or working contracts;

- The business householder or individual obtains a business registration certificate issued by a competent agency.

c/ He/she is enlisted.

d/ He/she starts receiving a pension under a competent agency's decision.

Within 3 working days after receiving a decision on monthly pension, a laborer on unemployment allowance shall notify in writing such decision and date when he/she starts to receive a pension to the job placement center in the place in which he/she is receiving unemployment allowance.

e/ He/she has refused twice to lake a job recommended by a job placement center without a plausible reason.

A laborer on unemployment allowance who refuses to take a job in any of the following cases will be regarded as having no plausible reason:

- He/she has been trained in such job;

- He/she used to perform such job;

- He/she is an unskilled laborer and such job requires unskilled laborers.

f/ During the period of receiving unemployment allowance, he/she fails to monthly report for three consecutive months on his/her job seeking to the job placement center under regulations.

g/ He/she goes abroad for permanent residence.

h/ He/she serves a decision on the application of administrative handling measures at a reformatory, educational institution or health establishment or serves a sentence penalty in prison.

i/ He/she is dead.

A laborer on unemployment allowance who is no longer entitled to such allowance in any of the above cases on any day of the month during which he/she is entitled to such allowance may still receive the whole of such allowance for that month.

7. A laborer on unemployment allowance who is no longer entitled to such allowance under Item b or c. Clause 6 of this Article may receive a lump-sum allowance equal to the total unemployment allowance amount for the remaining period during which he/she is entitled to unemployment allowance.

8. Unemployment allowance shall be paid by the Vietnam Social Security.

Article 4. Vocational training support

1. Cases in which laborers on unemployment allowance may receive vocational training support under Clause 1 Article 17 of Decree No.127/2008/ND-CP in vocational training are guided as follows:

A laborer on unemployment allowance who wishes to learn a job may receive vocational training support through a vocational training institution. No monetary support will be provided for laborers to leant jobs by themselves.

2. The level of vocation training support under Clause 2. Article 17 of Decree No. 127/2008/ND-CP is guided as follows:

The level of vocational training support for laborers on unemployment allowance is equal to the cost for basic vocational training under the law on vocational training.

A laborer on unemployment allowance who wishes to learn a job at a cost exceeding the cost for basic vocational training under law shall pay the excessive amount.

3. The support duration under Clause 3. Article 17 of Decree No. 127/2008/ND-CP is guided as follows:

The support duration depends on each job's training period and each laborer but must not exceed 6 months. The date of starting to receive vocational training support is the date a laborer receives monthly unemployment allowance.

During the period of entitlement to unemployment allowance under regulations, a laborer who wishes to learn a job may make an application for vocational training support. The director of a provincial-level Labor. War Invalids and Social Affairs Department shall decide to provide vocational training support within 10 working days after receiving such application.

After the unemployment allowance period under regulations, a laborers who continues vocational training or has just attended vocational training under a decision of the director of a provincial-level Labor. War Invalids and Social Affairs Department may continue receiving vocational training support till the end of the vocational training period.

Example 2:

Mr. Dao Van Quang is entitled to a 3-month unemployment allowance from June 10 through August 9. 2010. On July 15. 2010. he wishes to learn welding and files an application for learning this job. In July 2010. the provincial-level Labor, War Invalids and Social Affairs Department's director issues a decision to provide a 6-month vocational training support for Mr. Quang. Although this training course starts in September when he is no longer entitled to unemployment allowance, he is still entitled to a 6-month vocational training support till the end of the specified duration.

Example 3:

Mr. Dang Quang Khanh is entitled to a 3-month unemployment allowance from May 1 to July 31. 2010. On July 30. 2010. he wishes to learn welding and files an application for learning this job. On August 5, 2010 (the time when he is no longer entitled to unemployment allowance). the provincial-level Labor. War Invalids and Social Affairs Department's director issues a decision to provide a 6-month vocational training support for Mr. Khanh. Although this training course starts in October when he is no longer entitled to unemployment allowance, he is still entitled to a 6-month vocational training support till the end of the specified duration.

4. Vocational training support expenses shall be paid by the Vietnam Social Security.

Article 5. Job seeking support

1. Job seeking support, under Clause 1, Article 18 of Decree No. 127/2008/ND-CP is guided as follows:

Laborers on unemployment allowance may receive free job counseling and recommendation from job placement centers. Job seeking support must be suitable to the training degree and working experience of laborers.

2. The period during which laborers may receive free job counseling and recommendation under Clause 2, Article 18 of Decree No. 127/2008/ND-CP is guided as follows:

The period during which a laborer on unemployment allowance may receive job counseling and recommendation from a job placement center shall be counted from the date he/she receives monthly unemployment allowance and must not exceed the total duration in which she/she is on unemployment allowance under a decision of the director of a provincial-level Labor, War Invalids and Social Affairs Department.

3. Expenses for job counseling and recommendation for laborers on unemployment allowance shall be paid by the Vietnam Social Security.

Article 6. Health insurance

Cases in which laborers on unemployment allowance arc entitled to health insurance under Clause 2. Article 19 of Decree No. 127/2008/ ND-CP are guided as follows:

1. Laborers on monthly unemployment allowance are entitled to health insurance under the law on health insurance. Laborers who are no longer entitled to unemployment allowance may not enjoy health insurance and shall return health insurance cards to social insurance organizations under the guidance of the Vietnam Social Security.

2. The Vietnam Social Security shall pay health insurance premiums for laborers on monthly unemployment allowance.

III. UNEMPLOYMENT INSURANCE ORDER AND PROCEDURES

Article 7. Participation in unemployment insurance

1. Cases in which an employer employs ten or more laborers under Article 3 of Decree No. 127/2008/ND-CP are guided as follows:

Ten or more laborers employed by an employer include Vietnamese laborers who are performing indefinite labor or working contracts, labor or working contracts of between full 12 months and 36 months, or seasonal or job-based labor or working contracts of full 3 months or more. For state agencies and non-business units, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, non-business units of political organizations or socio-political organizations, and other social organizations employing ten or more laborers, these laborers include cadres and civil servants who are currently working in these agencies, units or organizations.

The lime for calculating the number of annual laborers of enterprises, agencies and organizations for implementation of unemployment insurance policies is January 1 of a calendar year.

If at another time of a year, an employer employs sufficient laborers eligible to participate in unemployment insurance under regulations, the time for calculating the number of laborers in that year for implementation of unemployment insurance policies of the enterprise, agency or organization is the first of the subsequent calendar month.

In case an employer has employed ten or more laborers eligible to participate in unemployment insurance, if he/she employs fewer than ten laborers in the months in a year, he/she shall still pay unemployment insurance premiums for laborers on unemployment insurance.

2. The time limit for participation in unemployment insurance under Article 36 of Decree No. 127/2008/ND-CP is guided as follows:

Within 30 working days after signing a labor or working contract, the employer shall submit a dossier of participation in unemployment insurance to the social insurance organization.

The Vietnam Social Security shall guide procedures for submission and receipt of dossiers of participation in unemployment insurance.

3. A dossier of participation in unemployment insurance under Article 36 of Decree No. 127/ 2008/ND-CP comprises:

a/ The laborer's personal information declaration, containing the following details: full name. sex. date of birth, ethnic group, nationality, place of residence, serial number and date and place of issuance of identity card, serial number and date of signing of the labor contract, type of contract, salary or wage and allowances on which unemployment insurance premiums are based under regulations, effective date of contract, serial number of social insurance book, period during which he/she has paid unemployment insurance premiums but not yet received unemployment insurance, his/her commitment, and the employer's certification. The Vietnam Social Security shall issue this declaration form together with the declaration form for participation in social insurance.

b/ The employer-made list of laborers participating in unemployment insurance, containing the following details: full name, serial numbers of identity card and social insurance book, type of labor contract, salary or wage and allowances on which unemployment insurance premiums are based under regulations. The Vietnam Social Security shall issue details of this list together with the list of laborers participating in social insurance.

Article 8. Payment of unemployment insurance premiums

1. The mode of unemployment insurance premium payment under Clause 1. Article 26 of Decree No. 127/2008/ND-CP is guided as follows:

Employers shall monthly pay unemployment insurance premiums equal to 1 % of salaries or wages on which un employment insurance premiums are based for unemployment insurance participants and deduct 1% of every laborer's monthly salary or wage on which unemployment insurance premiums are based for remittance into the unemployment insurance fund.

2. Monthly salaries or wages on which unemployment insurance premiums are based under Clause 3, Article 27 of Decree No. 127/ 2008/ND-CP are guided as follows:

For laborers with monthly salaries or wages exceeding 20 months' common minimum salary, the monthly salary or wage on which unemployment insurance premiums are based is equal to 20 months' common minimum salary (currently VND 730,000/month: the maximum monthly salary or wage on which unemployment insurance premiums are based is VND 14.600,000/month). When the common minimum salary level is adjusted, the monthly salary or wage on which unemployment insurance premiums arc based shall also be adjusted under the above regulations.

Example 4:

Mr. Hoang Van Hoa works for a wholly foreign-owned enterprise. He enjoys a salary of USD 1.000/month indicated in the labor contract. In July 2010, his actually paid salary is VND 19,100,000/month (calculated at the inter-bank average exchange rate of VND 19,100/USD 1 announced by the State Bank of Vietnam on July 1, 2010). His monthly salary on which unemployment insurance premiums are based is VND 14,600,000.

In case an employee is on a maternity or sickness leave for 14 or more working days in a month and does not receive monthly salary or wage but enjoys social insurance allowance, both the employer and employee are not required to pay unemployment insurance premiums for that month. This period will not be counted for enjoyment of unemployment insurance when the employee loses his/her job or terminates his/her labor or working contract.

3. The Vietnam Social Security shall specify the time for employers to pay unemployment insurance premiums under Clause 2, Article 26 of Decree No. 127/200 8/ND-CP.

4. The Vietnam Social Security shall guide the order and procedures for payment of unemployment insurance premiums.

Article 9. Enjoyment of unemployment insurance

1. Registration under Clause 1, Article 34 of Decree No. 127/2008/ND-CP is guided as follow:

a/ Within 7 working days after losing a job or terminating a labor or working contract, a laborer shall come to the job placement center in the place in which he/she worked to register unemployment (the first date within this 7-day time limit is the working day following the date the laborer lost his/her job or terminated his/her labor or working contract).

The laborer shall fully fill in the unemployment registration form (form No. 1 attached to this Circular) and submit it to the job placement center.

The job placement center shall guide and examine the contents of the unemployment registration form and hand an unemployment registration bulletin (form No. 2 attached to this Circular) to the laborer.

Example 5:

Mr. Le Van Hung terminated his working contract on March 1. 2010. So. the first date of the time limit for unemployment registration is March 2, 2010, and the deadline for him to register unemployment under regulations (7 working days after he loses his job) is March 10. 2010.

Example 6:

Mr. Nguyen Van A terminated his working contract on December 31, 2009, so the first dale of the time limit for unemployment registration is January 1. 2010. But January 1 fell on Friday (a holiday), and January 2 and 3 fell on Saturday and Sunday. Therefore, the first date of the time limit for unemployment registration is January 4. 2010, and the deadline for A to register unemployment under regulations (7 working days after he loses his job) is January 12. 2010.

b/ Laborers who register their unemployment beyond the 7-day time limit under Item a of this Clause but within 30 days after the expiration of the time limit for unemployment registration under regulations may register their unemployment and receive unemployment insurance in the following cases:

- They are ill or pregnant as certified by a district- or higher-level hospital;

- They have accidents as certified by a district-or higher-level hospital, or of the traffic police in case they have traffic accidents:

- They suffer from natural disasters or enemy sabotage as certified by the chairperson of the People's Committees of a commune, ward or township (below referred to as commune-level People's Committee) at the laborers' request.

2. A dossier for enjoyment of unemployment insurance indemnities under Article 37 of Decree No. 127/2008/ND-CP comprises:

a/ A written request for enjoyment of unemployment insurance indemnities, made according to form No. 3 attached to this Circular.

b/ A copy of the expired labor or working contract or the agreement on termination of the labor or working contract, the decision on severance, or the last employer's certification of the lawful unilateral termination of the labor or working contract.

At the same time, the laborer shall produce his/her social insurance book, with the social insurance agency's certification of payment of unemployment insurance premiums.

 

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