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Decree 28/2015/nd-Cp: Detailing The Implementation Of Some Articles Of The Law On Unemployment Insurance Jobs

Original Language Title: Nghị định 28/2015/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Việc làm về bảo hiểm thất nghiệp

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THE GOVERNMENT.
Number: 28 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 12 March 2015

DECREE

Detailed regulations enforce certain provisions of the Employment Law

About unemployment insurance.

____________

Government Law Base December 25, 2001;

Employment Law Base November 16, 2013;

At the suggestion of the Minister of Labor-Trade and Social Affairs,

Government It was enacted in the planning of regulation of certain provisions of the Law on unemployment insurance.

Chapter I

COMMON RULES

What? 1. The adjustment range

This decree rules the implementation of some of the provisions of the Employment Law on Training Support, fostering, enhancing vocational skills to maintain employment for workers; the unemployment insurance fund; the organization performing unemployment insurance; rights and responsibilities. function of the agencies, units, organizations, individuals involved in the implementation of the unemployment insurance policy.

What? 2. Subject applies

1. The worker, the employer of the obligated object to join the unemployment insurance pursuits to the provisions at Article 43 Employment Law.

2. The worker is a business manager, managing a wage and social insurance business that is compulsory under the law of social insurance.

3. Social Insurance Organization, Department of Labor-Trade and Provincial Affairs, Central City (later abbreviated as the Department of Labour-Trade and Social Affairs), the employment services center due to the state governing body of employment for the establishment of the Company ' s delivery. The task is prescribed at paragraph 2 Article 38 The Employment Law (later abbreviated as the employment service center).

4. Agency, organization, individuals with regard to unemployment insurance according to the provisions of the Employment Law.

Chapter II

TRAINING SUPPORT, FOSTERING, ADVANCED VOCATIONAL SKILLS

TO MAINTAIN EMPLOYMENT FOR WORKERS.

What? 3. The condition is supported

Employers are supported by the training of training, fostering, raising the skill level to maintain employment for the worker stipulated at Clause 1 Article 47 The work of employment when sufficient conditions are present:

1. Close enough unemployment insurance by regulation at Clause 2 Article 44 The continuous employment law from enough 12 months onwards as of last month of the month offer to support the funding of training, fostering, raising skill level skills to maintain employment for the person. labour or to the month of the day offer to provide funding for training, fostering, raising the skill level to maintain employment for workers if the employer has closed the unemployment insurance of that month.

2. Meeting difficulties due to economic decline or for the unimpediability reason to change the structure or technology of production, business and lead to the risk of cutting the number of existing workers from 30% or from 50 workers back to the employer using the use. 300 workers and 100 workers are employed by employers on 300 workers, not including labor and labor contracts for less than three months.

The cases are considered to be improbable, including: Fire, floods, earthquakes, tsunamis, foes, epidemics of partial damage or entire facilities, equipment, machinery, confirmed factories of the Chairman of the District People's Committee, The district, the town, the city is located in the province where the employer is damaged.

3. There is not enough funding to hold training, fostering, raising the skill level to the worker who is determined through the production report, the business of the year before the time of the offer to assist with the confirmed loss of the tax authority.

4. There is training, fostering, professional skill level improvement and maintenance of the employment of the state authority approved by the state agency.

What? 4. Support Level

1. The level of funding for training, fostering, raising a maximum skill level of $01 million per person/month. The specific level of support is calculated per month, the actual school time of each profession or every course but no more than 6 months.

The academic course case has odd days in principle: Less than 15 days of counting is 1/2 months, from enough 15 days to a 1-month calculation to determine the level of funding for training, fostering, improving the skill level to maintain. Working for workers.

2. For training, fostering, raising the skill level with a higher cost level than the prescribed support at Clause 1 This exceeds the amount of support paid by the employer.

Chapter III

UNEMPLOYMENT INSURANCE

What? 5. The source of the unemployment insurance fund

1. The closed-down and regulatory enclosures at Clause 1 Article 57 The Employment Law.

2. The student money of the investment activity from the Unemployed Insurance Fund.

3. Other legal sources, including:

a) The slow interest rate closes the unemployment insurance by regulation;

b) Other legal receivables under the rule of law.

What? 6. The closed method and the unemployment insurance source of the employer

1. Every month, the employer closes the unemployment insurance at a stipulation rate at the point b 1 Article 57 The employment and extract of each worker's salary at the point of paragraph A 1 Article 57 The employment law to play at the same time in the Fund. Unemployment insurance.

2. The insurance source is unemployed according to the stipulation at the point b Article 1 Article 57 The employment of employers as follows:

a) The employer is the agency, the unit, the state budget guarantee that the entire budget is regularly operating, the state budget guarantees the full source of unemployment insurance and is set up in annual spending. of the agency, the unit, organized by the rule of law on the devolve of state budget management.

b) The employer is the agency, the unit, the state budget guarantee that a portion of the funding is operating regularly, the state budget guarantees the unemployment insurance source for the number of people who benefits from the state budget and is deployed. in the annual regular spending of the agency, the unit, organized by the rule of law on the devolve of state budget management. The unemployment insurance section has to be closed, with the employer self-assured by the regulation at Point c and this point of d.

c) The employer is a business, unit, organization that has manufacturing operations, business, services, unemployment insurance payout into the cost of manufacturing, business, service in the period.

d) The employer is the agency, the unit, the other organization the unemployment insurance is used from the agency's operating costs, the unit, organized by law.

What? 7. Support from state budget

1. The state budget supports the unemployment insurance Fund under the principle of ensuring that the annual fund balance of payments by 2 times the total amount of unemployment insurance and unemployment insurance costs of the previous year adjacent to the maximum level of support. by 1% of the monthly wage fund that closes the unemployment insurance of the workers who are engaged in unemployment insurance.

2. The method of transferring funds to support from the state budget into the Insurance Insurance Fund:

a) In the fourth quarter of the year, Vietnam Social Insurance base at the expense of the collection, unemployment insurance is granted in the year to determine the amount of funding that supports the unemployment insurance fund of the previous year under the provisions of Article 1 This Article, which sends the Ministry of Finance It ' s going to pass it once into the unemployment insurance fund;

b) In the 10-day period of work since the date of receiving the reported decision report, the unemployment insurance fund the previous year of the Vietnam Social Insurance was adopted by the Vietnam Social Insurance Board, the Ministry of Finance to implement the appraisal, determining the number. The funding for the Insurance Fund was unemployed the year before. Where the number of Finance Ministry funding has granted regulations at this point a greater than the number must be supported by the stipulation at Article 1 This, Vietnam Social Insurance is responsible for paying the state budget arbiter; the number of cases has been smaller than the number. has to support, the Ministry of Finance reports the authority to approve the additional support grant the following year.

3. The funding source supports the Insurance Insurance Fund under the regulation at this due to the guarantee central budget from the source of social guarantee that has been decided by the National Assembly.

What? 8. Cost of unemployment insurance

1. Content and the cost of unemployment insurance management performed by the provisions of the Social Insurance Law and the provisions of the law on financial management for the Social Insurance of Vietnam.

2. The annual unemployment insurance management costs are allocated and delivered as follows:

a) The Social Insurance of Vietnam performs the tasks of recording, limb, management and use of the Unemployment Insurance Fund;

b) The Ministry of Labor-Trade and Social Affairs carried out the task of taking over the preliminary profile of the unemployment allowance, addressing unemployment insurance regimes and tasks related to unemployment insurance;

c) Social Security Insurance, Social Security Security and Social Security Service to perform unemployment insurance.

3. The method of transferring the cost of unemployment insurance:

The main cost of unemployment insurance is delivered by the Prime Minister, Vietnam Social Insurance to the Ministry of Labor and Social Security, Social Security Insurance, Social Security and Social Security. before the 10th of the first month of the first month in the quarter, the amount transferred each time by the average per quarter of the bill delivered. In the case of 10 January not granted the authority to hand over the bill, the Social Insurance of Vietnam granted an advance equal to the one quarter of the bill delivered the previous year; this fee was subtracted from the number of allocated funds for the year under the expected bill.

What? 9. Investment Activity from the Unemployment Insurance Fund

1. Vietnam Social Insurance is responsible for implementing the conservation measures and growth of the unemployment insurance fund from the amount of idle temporary money. Investment activity from the Insurance Insurance Fund must guarantee safety, efficiency, and recovery when needed.

2. Vietnam Social Insurance Management Council decides to invest in the prescribed forms at Section 2 Article 59 Employment Law.

3. Money from the investment, growth of the annual unemployment insurance fund added to the Unemployment Insurance Fund.

What? 10. Financial Planning, Management, Use and Decision

1. Every year, at the same time the regulation of state budget planning, agency, organization planning to collect, unemployment insurance costs and unemployment insurance costs send to Vietnam Social Insurance as follows:

a) The provincial social insurance, the Central City of the Central Planning Planning, unemployment insurance and unemployment insurance costs;

b) Social Security Insurance, Social Insurance Social Security Planning unemployment insurance and unemployment insurance costs in the Ministry of Defense, Ministry of Public Security;

c) The Ministry of Labor-Trade and Socialists plan to cost unemployment insurance for the units of the labor-commerce and society assigned to the tasks of unemployment insurance.

2. Vietnam Social Insurance is responsible for the total accounting of the collection, the cost of unemployment insurance, the annual unemployment insurance management, the Vietnam Social Insurance Management Council passed and sent the Ministry of Finance, Ministry of Labor-Trade and Social Security. And society.

The Ministry of Finance chaired, in coordination with the Ministry of Labor-Trade and Social review, the Prime Minister ' s total contract decided to hand over the annual financial plan.

3. In the 15-day period since the date of receiving the decision to hand over the Prime Minister ' s bill, the Vietnam Social Insurance is responsible for the complete implementation of the delivery of the collection, the genus to subordinated units, Defense Ministry Social Insurance, Social Insurance. Civil and Social Security and Social Security.

The Minister of Labor-Trade and Social Affairs allocations the cost of unemployment insurance to the units of the labor-commerce and society that is delivered on the tasks of unemployment insurance.

4. The units assigned to the procurement, genus from the Unemployed Insurance Fund are responsible for management, use and set up the decision to send the Vietnam Social Insurance appraisal and the sum of the Vietnam Social Insurance Management Council.

Chapter IV

UNEMPLOYMENT INSURANCE ORGANIZATION

Item 1

ENGAGE AND CLOSE UNEMPLOYMENT INSURANCE

What? 11. Join the unemployment insurance

1. The unemployment insurance participation profile is a mandatory social insurance engagement record, which includes specific content on unemployment insurance.

2. The employer sets up and file a worker's unemployment insurance for the social insurance organization for a period of 30 days, since the day of the labor contract or the working contract of the worker comes into effect.

The case of labourers who have been able to contract the labour contract by the season or under a certain job has a deadline of up to 3 months to under 12 months before 1 January 2015 and is making this work contract the employer must have. participate in unemployment insurance for these workers if the deadline to end contracts is at least three months or more.

The case of labourers interconnect multiple labor contracts by regulation at Clause 1 Article 43 Employment Law and is participating in unemployment insurance under contract labour contract with the first effect that when termination or change of contract leads to the worker. Non-occupational hazard to unemployment insurance, workers and employers belonging to the unemployment insurance participant's unemployment insurance contract with the next effect is responsible for participating unemployment insurance. The law.

The case of workers resting on the enjoyment of maternity or illness from 14 days of working on a monthly wage does not enjoy a monthly wage in the unit that benefits social insurance, the worker who delays the execution of the labor contract or contract employment contract. In accordance with the rule of law, workers are not subject to unemployment insurance during this time.

What? 12. Close the unemployment insurance

1. The time of the unemployment insurance of employers and labourers is the time of forced social insurance.

2. The worker who is closing the unemployment insurance is the worker who has a month adjacent to the time of the termination of the labor contract or the employment contract that has shut down the unemployment insurance and is confirmed by the social insurance organization. The adjacent month includes the following time:

a) The worker who has an adjacent month before the end of the labor contract or the contract to work on the enjoyment of a maternity or illness from 14 days of employment is not a monthly wage in the unit that benefits social insurance;

b) The labourers have an adjacent month before the end of the labour contract or the contract to defer the implementation of a labour contract or contract that has committed to the stipulation of a law that does not enjoy the monthly wage in the unit.

3. The unemployment insurance month of workers is calculated if the employer and the worker has made a contract of labor or contract work and has closed unemployment insurance.

What? 13. File tracking closed, unemployment insurance

1. The filing of the closure, the unemployment insurance of the employer according to the regulation at this Decree is the social insurance book.

2. Vietnam Social Insurance enacted a social insurance pattern.

Item 2

CONSULTING SUPPORT, JOB INTRODUCTION

What? 14. Advisory support, introduction of employment

1. The worker stipulated at Article 1 Article 43 The employment of employment insurance is terminated with the contract of labor or employment contract, which introduces free employment through the employment service center.

2. The cost of doing consulting, introducing the employment of the employment service center by the number of people filing the applicant ' s filing for the unemployment allowance of the previous year and the implementation of the prescribed accounting bar on the actual basis of quantity. The man who filed unemployment benefits unemployment.

3. Advisory fees, introduction of employment by law on fees.

What? 15. Consultated, introduction of employment

1. The worker scores full of information into the advisory vote, which introduces the employment by the Minister of Labor-Trade and Social Affairs and directly submit to the employment service center.

2. The employment service center, which introduces jobs on the basis of the needs basis, the ability of the workers and the needs of the labor market.

3. The employment center for the employment of personnel and facilities for the organization to perform counseling, the introduction of employment.

Section 3

UNEMPLOYMENT BENEFITS

What? 16. Profile of the unemployment allowance

1. Proposal to enjoy a sample unemployment grant by the Minister of Labour-Trade and Social Affairs.

2. The main copy or copy of a certificate of one of the following papers confirmed on the termination of the labor contract or the working contract:

a) Contract of employment or contract employment has expired or has completed work under the labor contract;

b) The decision is made;

c) The decision to fire;

d) Decided to discipline;

Notice or agreement to terminate a labor contract or contract.

The case of worker participation in unemployment insurance is specified at the Point of Clap 1 Article 43 The employment law is confirmed by the termination of the labor contract by the season or by a certain job that has a period of 3 months to less than 12 months. The month is the main or the true copy of that contract.

3. Social Insurance.

The Social Insurance Organization performs confirmation of the unemployment insurance and social insurance payout for workers during the 5-day period of work since the date of the employer's offer.

For employers as agencies, units, businesses belonging to the Ministry of Defense, the Ministry of Public Security is in the 30-day period, the Defense Department Social Insurance, Social Insurance Social Security performs confirmation of the unemployment and payout insurance. Social insurance for workers since the date of the employer's offer.

What? 17.

1. In the three-month period from the date of the termination of the labor contract or employment contract, the worker has no jobs and has a need for unemployment benefits directly to file 1 of the proposed unemployment allowance in accordance with regulations. 16 of this Decree for the local employment service center where workers want to receive unemployment benefits.

2. The worker is authorized by the other to submit a file or submit a postal file if one of the following cases:

a) Sick of pain, the confirmed pregnancy of a competent medical facility;

b) Accused accidents by traffic police or medical facilities have jurisdiction;

c) Fire, floods, earthquakes, tsunamis, the enemy, the confirmed disease of the Chairman of the People's Committee, the ward, the town.

The date of filing an offer of unemployment benefits in the above circumstances is that the date of the authorized person filing or the date of the post on the postmark on the case sent to the post office.

3. The employment service center is responsible for receiving, checking the case, the appointment of a sample return vote by the Secretary of Labor-Trade and Social Affairs regulation and the direct exchange for the filing person or sent via post office to the applicant. The case was passed through the post office; the case was not correct in accordance with the Article 16 of this decree, and it returned to the applicant and stated the reason.

What? 18. The resolution of the unemployment allowance

1. The employment service center is responsible for consideration, the Director of the Department of Labor-Trade and Social Affairs decided on the beneficiary of the worker ' s unemployment allowance for a 20-day period of work since the date of receiving enough records, the case case. The plan for the unemployment benefits sent to the post office, the date of adoption is calculated as the date of the transfer to the post office.

Workers have not yet found employment in the 15-day period of work since the date of filing a proposed unemployment pension scheme being decided by the Director of Labor Department-Trade and Society for unemployment benefits, the employment service center for the company said. solved The worker's unemployment benefits to the social insurance book and resent workers with the decision to take the unemployment allowance after a social security window to save the profile.

The timing of the worker's unemployment allowance is calculated from the 16th day on the day of work since the date of the filing of the unemployment allowance.

The decision on the grant of unemployment benefits was given to the employment services center: 01 to the Provincial Social Insurance, the Central City of Central (later abbreviated as Provincial Social Insurance) to implement unemployment benefits and emergency card levels. health care for workers; 01 to workers who are entitled to unemployment benefits. The decision on the grant of the unemployment grant is provided by the Minister of Labour-Trade and Social Affairs.

In the absence of an unemployment allowance, the service center is informed by writing and stating the reason.

2. Cost of unemployment

a) The Social Insurance Organization performs the first month's unemployment allowance of workers in the 5-day period of work since the date of receiving the decision to inherit unemployment;

b) The social insurance organization performs unemployment benefits for workers from the second unemployment allowance month onwards in a 5-day period of work, calculated from the time of the 7th day of the month of the unemployment benefits if not received. decision to pause or end an unemployment allowance for workers. At the time when the seventh day is on the day of the holiday, the unemployment cost deadline is calculated from the next day of work.

3. After a 2-day period of work since the date of the date in the results vote, if the worker does not come to the decision on the unemployment allowance, it is deemed that there is no need for unemployment benefits minus the specified case at paragraph 4. This. During the 7-day period of work since the day the worker did not come to the decision on the provision of the prescribed unemployment, the service center worked as the Director of the Department of Labor-Trade and Social Affairs decided on the cancellation of the pension plan. A worker's unemployment.

The decision on the cancellation of the unemployment allowance plan was given by the employment service center: 01 to the Provincial Social Insurance to not pay the unemployment allowance for workers; 01 copies to the worker. The decision on the cancellation of the planning of an unemployment allowance was provided by the Minister of Labor and Social Affairs.

4. During the 2-day period of work since the expiration date of the decision to inherit the unemployment allowance, workers are still receiving or authorized the other to take the decision to inherit the unemployment allowance if one of the following cases:

a) Sick of pain, the confirmed pregnancy of a competent medical facility;

b) Accused accidents by traffic police or medical facilities have jurisdiction;

c) Fire, floods, earthquakes, tsunamis, the enemy, the confirmed disease of the Chairman of the People's Committee, the ward, the town.

5. The unemployment insurance time of the worker in the event of the cancellation of the unemployment allowance plan stated at Section 3 This is under the regulation at Clause 1 Article 45 Employment Law to charge for the next unemployment grant.

6. After a 3-month deadline from the day the worker expired of the unemployment allowance under the decision to grant unemployment benefits but workers did not come to the unemployment pension and did not notice in writing with the social insurance organization. Where the unemployment benefits are, the workers are determined to be without the need for unemployment benefits. The unemployment insurance time corresponds to the amount of unemployment allowance that the worker does not come to receive a warranty as a base for the time of unemployment benefits for the next unemployment allowance when eligible for acute benefit. I'm sorry, I'm unemployed.

During the period of 7 working days after the deadline, the social insurance organization must inform the employment of the employment services center where the worker is in the unemployment benefits of the labourers who do not receive unemployment benefits. The announcement of the labourers did not come to receive the unemployment allowance made by the sample provided by the Minister of Labor-Trade and Social Affairs.

In the 10-day period of work since the announcement of the social insurance organization ' s announcement, the employment service center is responsible for consideration, the Director of the Department of Labor-Trade and Social Affairs decided on the preservation of the lost time insurance. For workers.

The decision on the preservation of the unemployment insurance time was central to the employment services center: 01 to the Provincial Social Insurance to perform an unemployment insurance closing time for workers; 01 to workers. The decision on the maintenance of the unemployment insurance policy was provided by the Minister of Labour-Trade and Social Affairs.

7. The unemployment allowance period is calculated according to the number of months of unemployment insurance under regulation at paragraph 2 Article 50 Employment Law. Employers have a time of unemployment insurance over 36 months, and the unsolved months of unresolved unemployment benefits as a base to calculate unemployment benefits for the next unemployment benefit. You know, the unemployment benefits are regulated by regulations.

What? 19.

1. The worker who is enjoying the unemployment allowance must make a notice of the search for employment in accordance with Article 52 The Employment Law.

2. In a 2-day period of work since the day the worker did not come to the announcement of the daily employment search, the employment service center where the worker was enjoying the unemployment grant the Director of the Department of Labor-Trade and Trade. The society decided on a temporary halt to the unemployment benefits of the workers.

The decision on the temporary advance of unemployment benefits was given by the employment service center: 01 to the Provincial Social Insurance to make a temporary halt to the unemployment allowance for workers; 01 to the worker. The decision on the temporary relief of the unemployment allowance was provided by the Minister of Labor and Social Affairs.

What? 20. Continue to enjoy unemployment

1. The worker is suspended from the prescribed unemployment allowance at Clause 1 Article 53 The employment if there is still a period of unemployment benefits under the decision of the Director of Labor Department-Trade and Social Affairs that continue to carry out the announcement of The search for employment every month has been prescribed by the time of the 02-day period of employment since the day that the worker comes to the notice of employment, the work service center, the Director of the Department of Labor, and the Social and Social Services decide on continuing. It ' s an unemployment allowance for workers.

The decision to continue to enjoy unemployment benefits is being sent by the Service Services Center: 01 to the Provincial Social Insurance to carry out the continued cost of unemployment benefits to the worker; 01 to the worker. The decision to continue to enjoy the unemployment benefits was provided by the Minister of Labor-Trade and Social Affairs.

2. The period of pause for unemployment benefits, workers do not enjoy unemployment benefits.

What? 21. End of unemployment allowance

1. The workers who are enjoying the unemployment allowance that are terminated with the unemployment allowance are stipulated as follows:

a) The expiration of the unemployment allowance under the decision to inherit the unemployment allowance of the worker;

b) There is a job

The worker is determined to have a job in one of the following cases:

-Agreed to the contract or contract for 3 months or more. The date that the worker is determined to have employment is the date of labor contracts or contracts to be valid in accordance with the rule of law;

-There is a decision to recruit for non-labor contracts or work contracts. The date of employment in this case is determined to be the date of the start of the person writing in the recruitment decision;

-The employer has had a job for the job service center as a model by the Secretary of Labor-Trade and Social Affairs. The date that the worker is determined to have a job is the date in the notice of the employment of the worker.

c) Practice of military service, public service

The day the worker was determined to carry out a military service, the public service was the day the worker enlisted in the army.

d) A monthly pension

The date the worker is determined to retire is the first day of the pension to be recorded in the monthly pension of the authorities.

After 2 times the workers refused to work due to the job service center, which was working on an unemployment pension without a major reason.

The worker who is enjoying the unemployment allowance rejected the employment of one of the following cases, which is determined to have no legitimate reason:

-Employment in accordance with the profession, the worker ' s qualifications have been trained;

-The work that the labourers used to do.

e) During the unemployment pension, the three months repeatedly did not make monthly announcements about the search for employment with the employment service center;

g) overseas to settle, go to work on a limited foreign term under contract.

The date for which workers are determined to go abroad, work on a time abroad under contract is the day the labor of labor follows the regulation of the law of ejacalization, entry.

h) Go to school with a deadline of 12 months or more

The day the worker is determined to study for a 12-month term or date of admission is the date of admission that is inscribed in the admission paper for the study in the country. In foreign education, the day the worker is determined to study for a 12-month term as a date of arrival in accordance with the law of entry, entry.

i) is sentenced to administrative violations of the breach of the unemployment insurance law.

The date that the worker is determined to be sentenced to the administrative offence above is the day the worker is punished by the decision of the competent authorities.

) Die.

The date of identifying the dead worker is the date of the death certificate.

l) Accused the decision to apply the measure to the school of education, compulsory education facility, mandatory rehab facility.

The day the worker was determined to approve the decision to apply the measure put into the school of education, compulsory education facility, the mandatory rehab facility was the start date of the execution of the administrative treatment that was recorded in the judge ' s decision. Right.

m) condemned by the court

The date of the missing worker is determined in the court ' s decision.

n)

The day the worker is determined to be detained, the prison sentence is the start of the execution of a detention decision, which accepts the prison sentence of the competent authorities.

2. In a 3-day period of work since the date of the end of an unemployment allowance prescribed at Points b, c, d, g and h Clap 1 This, the worker must inform the employment service center which is enjoying a sample unemployment allowance. The Minister of Labor-Trade and Social Affairs prescribed and included papers that were involved in the termination of the unemployment allowance (the photograph), the case sent to the post office on the post of the post on the post.

3. The worker who is enjoying the unemployment allowance is terminated with unemployment benefits in the prescribed cases at Points b, c, d, e, g, h, i, k, l, m, m, m, m, m, m, m, m and n This is the employment service center where the worker is in the grant. Labor and Social Services decided to end employee unemployment benefits.

The decision on the termination of unemployment benefits was given to the employment services center: 01 to the Provincial Social Insurance to make an end to the unemployment allowance for workers; 01 to workers. The decision on the termination of the unemployment allowance was provided by the Minister of Labour-Trade and Social Affairs.

4. The worker who is enjoying the unemployment allowance is terminated with unemployment benefits on the days of the month of unemployment, the workers are still in the unemployment benefits of the month.

5. The worker is terminated with the unemployment allowance of the prescribed cases at the points b, c, h, l, m and n Clap 1 This time the unemployment insurance time corresponds to the remaining time that the worker has not yet adopted the unemployment allowance. has been preserved as a base for the time of unemployment benefits for the next unemployment allowance when eligible for a prescribed unemployment level.

The amount of time the maintenance is calculated as the total time of unemployment insurance except for the time that the closed time has been granted an unemployment pension according to the principle that each month benefits the 12-month unemployment pension that has closed unemployment insurance.

What? 22. Transfer of Unemployment Benefits

1. The worker who has enjoyed at least 01 months of regulatory unemployment that has the need to transfer unemployment benefits to the province, the other Central City is due to offer the transfer of a sample unemployment benefit under the State Department. The Department of Labor and Social Affairs regulates and sent the job services center as an unemployment allowance.

2. In the 03-day period of work, since the day of the worker ' s offer, the employment service center is responsible for providing the transfer profile where the unemployment allowance is given to the worker and sending the introduction of the transfer site. A career for the employment services center where workers moved to a sample led by the Secretary of Labor-Trade and Social Affairs. The transfer profile where unemployment benefits include:

a) Offer the transfer of the worker's unemployment benefits;

b) The introduction of the unemployment allowance;

c) The decision to inherit unemployment benefits;

d) The photograph of the decision to support apprentifiing, the decision to pause the unemployment allowance, decided to continue to enjoy the unemployment allowance (if any);

) The scan of the search for employment every month (if any), the other papers are in the unemployment allowance.

3. When receiving the transfer profile where the unemployment benefits, the worker returns the health insurance card to the social insurance organization where it is paying the unemployment allowance for the worker.

4. During the 2 day period of work since the date of the supply of the transfer pool where the unemployment allowance for workers is prescribed at Section 2 This, the employment service center where the worker moves to send notice of the transfer of the benefit. the unemployment level for the Provincial Social Insurance to halt the cost of the unemployment allowance under the sample provided by the Minister of Labor-Trade and Social Affairs.

5. In the 10-day period of work since the day the worker receives a transfer profile where the unemployment allowance, the worker must file a transfer of the unemployment benefits to the employment service center where the transfer comes to the exclusion of cases. I mean, at this six.

Since the day the employer receives a transfer profile where the unemployment allowance is the worker who performs the rights and responsibilities during the time of the unemployment benefits under the rule of law.

6. The worker who filed a transfer pool with an unemployment allowance is too long due to regulation at paragraph 5 This is but the most not over 7 working days from the expiration date of the unemployment benefit if one of the following cases:

a) Sick of pain, the confirmed pregnancy of a competent medical facility;

b) Accused accidents by traffic police or medical facilities have jurisdiction;

c) Fire, floods, earthquakes, tsunamis, the enemy, the confirmed disease of the Chairman of the People's Committee, the ward, the town.

7. In a 3-day period of work since the date of receiving a transfer profile where the worker ' s unemployment benefits moved to, the employment service center sent the province Social Insurance to move in to continue carrying out the pay of the aid. unemployment and level of health insurance cards for workers accompanied by a photo of the decision to inherit the worker's unemployment allowance. The text offers the Provincial Social Insurance under the sample provided by the Minister of Labour-Trade and Social Affairs.

8. The social insurance organization where workers move to the unemployment allowance make up the unemployment benefits and grant the health insurance card to the worker by the rule of law.

What? 23. Level and revoking the health insurance card

1. Health Insurance Card Level

The decision base is to provide unemployment benefits, and the health insurance organization provides a health insurance card for the worker.

2. Health insurance card recall

Workers who have been given a monthly pension end to an end to unemployment benefits the workers do not enjoy medical insurance and have to return the health insurance card to the social insurance organization under the guidelines of Vietnamese Social Insurance.

Section 4

VOCATIONAL ASSISTANCE

What? 24. Profile for apprentiking support

1. The profile offers vocational support for the person who is enjoying the unemployment allowance:

The offer supports vocational education by the Secretary of Labor-Trade and Social Affairs.

2. The profile offers apprentifully support to the unemployed who have a time of unemployment insurance from 12 months or more but does not have an unemployment allowance:

a) Recommend academic assistance in accordance with Article 1 This Article;

b) The main copy or copy of one of the papers in accordance with Article 2 Article 16 of this decree;

c) Social security.

What? 25. Deal with Vocational Assistance

1. The worker meets qualified under the regulation at Article 55 The employment law has a need for vocational training 1 times to study 1 occupations at the training facility under the law of vocational education (the latter being abbreviated as a vocational facility). The method of assisted learning funding is done through a vocational training facility.

2. The worker with a skilled worker must submit 1 sets of records that offer vocational assistance to the employment service center.

a) The profile offers to assist apprentifully pursuits at 1 Article 24 This decree submitted to the employment service center where the worker is in the pension of unemployment;

b) The profile offers to assist apprentifully pursuits at paragraph 2 Article 24 This decree pays to the local employment service center where workers have vocational needs.

3. The employment service center is responsible for reviewing the offer to provide vocational assistance and to give the worker the vote to pay the results according to the sample provided by the Minister of Labor-Trade and Social Affairs.

4. For a 15-day period of work since the date of receiving enough files to provide vocational assistance, the employment service center is responsible for consideration, the Director of the Department of Labor-Trade and Social Affairs decided on the assistance of apprentiship to the worker.

The decision to study vocational training was sent by the service center: 01 to the Provincial Social Insurance to perform the pay for vocational training; 01 to vocational training to perform vocational training for workers; 1 to workers. The decision on the assistance of apprentiship is provided by the Minister of Labour-Trade and Social Affairs. In the absence of skilled workers, the service center is required to answer in writing and specify a reason.

For the unemployed who stipulated in Clause 2 Article 24 of this decree when it is resolved to assist in vocational education, the employment services center has resolved to assist the apprentiship into the social insurance book and take 1 copies to save the case.

The case of labourers who have enjoyed all the time being granted a prescribed unemployment allowance that continues to be apprentied or prepared to engage in vocational education by the decision of the Director of the Department of Labor-Trade and Social Affairs are still supported in vocational education. All right, time to learn.

5. The vocational training institution teaches workers to the decision of the Director of the Department of Labor and Social Affairs and is responsible for establishing the signed list of workers who are learning to move to the social insurance organization to bar the business. It ' s a waste of school assistance.

Section 5

TRAINING SUPPORT, FOSTERING, RAISING THE VOCATIONAL SKILL LEVEL TO MAINTAIN THE EMPLOYMENT OF THE WORKER.

What? 26. The profile offers support

1. Text offers support for training, fostering, uplifting skills skill to maintain employment for workers including the following basic content: Industry, profession or field of manufacturing, business; production situation, business; number of workers at the end of the business. The time of the offer of support; the difficulties, the causes forced to change the structure or technology of production, business; the risk of cutting the number of workers; the need for funding to organize training, fostering, raising the skill level for workers; oranges. The organization of training, fostering, improving the skill level and the use of labor in accordance with the methodology has been approved.

2. The method of changing the structure or manufacturing technology, the business is granted the authority to approve.

3. The Training Method, fostering, Advanced Vocational skills and maintenance of the prescribed employment at Clause 4 Article 3 This decree.

4. The proof paper is not funding enough to organize training, fostering, raising the skill level for labourers in accordance with Article 3 Article 3 of this Decree.

5. The confirmed text of the social insurance organization where the employer closes the unemployment insurance for the worker by regulation at Clause 1 Article 3 of this decree.

Minister of Labor-Trade and Social Affairs Guide 1 and Section 3 This.

What? 27. Resolve funding for training, fostering, uplifting skills skills to maintain employment for the workers of the country.

1. The employer has the need to support training, fostering, raising the skill level for the worker to submit a prescribed profile at Article 26 of this Decree for the Department of Labor-Trade and Social Affairs where the headquarters of the unit for appraisal.

2. In the 30-day period since the date of receiving enough records of the employer by regulation, the Department of Labor-Trade and Social Appraisal and approval of the training, fostering, uplifting of vocational skills and maintenance of employment; presiding, coordination and coordination. with the Department of Finance and agencies, the unit that is concerned with the case appraisal offers to assist in training, fostering, raising the skill level by regulation at Article 3 of this Decree and the Chair of the Provincial People ' s Committee, the Central City of Central (later). is written off as the Chair of the Provincial People ' s Committee) considers, deciding on the funding of training funding, fostering, raising the skill level to maintain. Working for workers.

In the absence of support, the Department of Labor-Trade and Social Affairs must respond in writing and specify the reason for the employer.

The decision on supporting the funding of training, fostering, raising the skill level to maintain employment for workers was sent by the Department of Labor-Trade and Social Affairs: 01 to Provincial Social Insurance to carry out the cost of supporting the funding; 01 copies are available. to the Ministry of Labor-Trade and Social Affairs to report; 01 copies to the employment service center; 01 to the employer to perform and 01 to the vocational training facility for workers in the case of unskilled training by the employer online. Okay, then. The decision on the funding of training, fostering, raising the skill level to maintain employment for workers was provided by the Minister of Labor-Trade and Social Affairs.

3. The Social Insurance Organization performs a 50% advance in funding support for training, fostering, raising the vocational skill level for the employer by the decision of the President of the Provincial People ' s Commission in the 5-day period of work since the date received. decision by the Chairman of the Provincial People ' s Committee and the implementation of the prescribed payment on the basis of the actual basis of the implementation of the training method, fostering, enhancing the skill level.

What? 28. The organization performs training support, fostering, raising the skill level to maintain employment for the workers and their employees.

1. The employer organizes training or coordination with a vocational training facility, the employment services center to organize training, fostering, raising the worker 's skill level by the decision to support the chairman of the Provincial People' s Committee, and ensure it. said to maintain employment for workers.

2. The employer is responsible for implementing or coordinating with the vocational training facility that performs training, fostering, raising skill levels and ensuring that maintaining employment for workers in accordance with the methodology has been approved.

3. The Department of Labor-Trade and Social Tracts, which oversees the organization of implementing training support, fostering, raising the vocational skill level by the decision to support the Chair of the Provincial People ' s Committee.

Chapter V.

THE RIGHT, THE RESPONSIBILITY OF THE WORKERS, THE EMPLOYER, THE EMPLOYMENT SERVICES CENTER, THE LABOR DEPARTMENT-THE TRADE AND SOCIETY, THE SOCIAL INSURANCE ORGANIZATION.

What? 29. Labor rights.

1. Social insurance enrollment has a full validation of the unemployment insurance when the termination of the labor contract or the working contract.

2. Enjoy the unemployment insurance regimes under regulation at Article 42 Employment Law.

3. authorised by others to submit an unemployment pension scheme under regulation at Clause 2 Article 17, which receives a decision to grant a prescribed unemployment grant at Clause 3 Article 18 of this decree.

4. Requied employers to provide information about unemployment insurance; requiring a job service center, the social insurance organization that provides information related to unemployment insurance.

5. Complefactors, denouncing unemployment insurance in accordance with the rule of law.

6. Other rights under the rule of law.

What? 30. The service of the worker

1. Close the unemployment insurance enough and correct the regulation at Point A 1 Article 57 The Employment Law.

2. The correct implementation of the unemployment insurance business.

3. Preservation, use of social insurance books, prescribed health insurance cards.

4. The workers who deal with multiple labor contracts at the end of the labor contract are engaged in unemployment insurance to inform the person who uses the next employer to continue to participate in the prescribed unemployment insurance.

5. Blisters recommend unemployment allowance, mandatory vocational assistance at the employment service center when there is a need.

6. Months of notice with the employment service center on the search for employment during the time of the grant of the prescribed unemployment.

7. Take a job or participate in the appropriate vocational course when it comes to an introduction service center in the time of unemployment benefits.

8. During the 15-day period of work since the filing of the unemployment allowance, if the worker finds jobs, then inform the service of the service center where the application is filed for unemployment benefits.

9. Receivable notice of not being either unemployed or unassisted in vocational education, the decision on the benefit of unemployment, the decision on the cancellation of the unemployment pension plan, the decision on the assistance of apprentifiing, decision on The temporary end of the unemployment allowance, the decision on continuing unemployment benefits, decided on the end of the unemployment allowance, the decision on the maintenance of the planned unemployment insurance.

10. The specified message with the employment service center when it is in cases of termination of a prescribed unemployment allowance at points b, c, d, g, h, l and n Article 1 Article 21 This decree.

11. Nrep the health insurance card for the social insurance organization when it is in cases of an end to the prescribed unemployment allowance at points b, c, d, e, e, g, h, i, l and n Clap 1 Article 21 This decree and in case of transfer of grant. It ' s a regulated unemployment in Article 22 of this decree.

12. Make a full implementation of the laws of unemployment insurance and other provisions of the relevant legislation.

What? 31. The rights of employers

1. In support of training funding, fostering, raising skill level skills to maintain employment for employers by regulation.

2. The refusal to make the required non-regulatory requirements of the unemployment insurance legislation.

3. Complefactors, denouncing unemployment insurance under the rule of law.

4. Other rights under the rule of law.

What? 32. The employer's responsibility

1. Host, in collaboration with the grassroots union organization for information, propaganda, policy-making, law on unemployment insurance.

2. Identilocate the unemployment insurance participant, perform the order, the procedure to participate in unemployment insurance, close the correct unemployment insurance, sufferers and promptly follow the rule of law.

3. Protect the worker's unemployment insurance during the time the worker works at the unit. Publish documents, records, and provide relevant information at the request of the state authority to be competent upon examination, inspection of unemployment insurance.

4. Provide information about the closing of unemployment insurance in the 2-day period of work since the day of the worker required.

5. Provide a copy of a labor contract or contract working or validation of the unilateral termination of a labor contract or contract working for the slowest worker in the 2-day period of work since the day the worker terminated the labor contract. Or the contract works. The procedure is a validation of the unemployment insurance for workers to complete the unemployment insurance plan according to regulation.

6. Notice with the employment service center where the employer ' s office is employed when there is labor volatility working at the unit following the guidance of the Minister of Labor-Trade and Social Affairs. For units of the armed forces, the Minister of Labour-Trade and Social Affairs presided over, in coordination with the Minister of Defense and Minister of Public Security.

7. Before January 15 the annual Labor and Social Service report on the situation joined the unemployment insurance of the previous year.

8. The organization deploes training, fostering, raising the skill level to maintain employment for workers in the right way to be approved by the authority.

9. The use of labourers has been trained, fostering professional skill levels according to the methodology has been approved and reported the results of the implementation of the Labor-Trade and Social Service over the 30-day period since the date of the training of the training.

10. Make other responsibilities according to the rule of law.

What? 33. The rights of the employment service center

1. The refusal to love for the unemployment insurance regimes is not the right regulation of the law.

2. The petition with the state agency has the authority to build, amend, replenel the regime, the legislation policy on unemployment insurance and the management of the unemployed Insurance Fund.

3. The petition with the state agency has the authority to handle violations of the law on unemployment insurance.

4. Other rights under the rule of law.

What? 34. The responsibility of the employment services center

1. Information organization, propaganda, policy-making, law on unemployment insurance.

2. The organization takes on the profile of the unemployment allowance and file offers for vocational assistance, review and implementation of job-level pension resolution procedures, vocational assistance under the rule of law.

3. Consultational Consultations, Introduction to employment and vocational training in the law by law.

4. Check, monitor, update workers ' information regarding the enjoyment of unemployment insurance.

5. Implemenonation of the monthly, quarterly, year-and-report periodic reporting regime with the Ministry of Labor-Trade and Social Affairs and the Department of Labor and Social Affairs and Social Affairs on unemployment insurance under the rule of law.

6. Provide documentation, related information on unemployment insurance at the request of the worker, the union organization and the competent authorities under the rule of law.

7. Archive, preserve the unemployment insurance plan according to the rule of law.

8. Organization for training, professional fostering and the application of information technology in unemployment insurance management and the resolution of unemployment insurance regimes for employers by regulation.

9. Participate in international cooperation on unemployment insurance.

10. Make other responsibility according to the rule of law.

What? 35. The Rights of Social Insurance

1. Check out the employment, enjoy unemployment insurance regimes for workers and employers.

2. The refusal to ask for the return of the unemployment insurance regime is not correct the rule of law.

3. The petition with the authority to have the authority to build, amend, replenil the regime, policy, law on unemployment insurance; management, use of the Unemployment Insurance Fund; dispose of the law violation of unemployment insurance or petitions with the state agency available. the jurisdiction of the legal violation of unemployment insurance in accordance with the laws of law.

4. Other rights under the rule of law.

What? 36. Social Insurance organization

1. Every year informing each of the workers informed of the worker's unemployment insurance.

2. Proposition, dissemation of regime, policy, law on unemployment insurance; instructs the procedure to register to participate and collect unemployment insurance on workers, employers from the subject of unemployment insurance.

3. Organization of unemployment insurance.

4. Provide information about the participation and closure of the worker ' s unemployment insurance for the employment service center on the site, except for the National Defense Insurance and Social Security Insurance.

5. unemployment benefits, vocational assistance, training support, fostering, raising skills skills to maintain employment for workers.

6. Stop paying unemployment benefits, assist in vocational training, training support, fostering, uplifting skills skills to maintain employment for workers and the recovery of a health insurance card for the person who is enjoying the unemployment allowance when a decision is made. of the authority of the authority.

7. Level the health insurance card and close the health insurance for the person who is enjoying the unemployment allowance under the rule of law.

8. Manage, use the Unemployment Insurance Fund according to the rule of law.

9. Make sure the safety measures and growth of the Insurance Fund are unemployed under the rule of law.

10. Make the transfer of the cost of unemployment insurance management to the Ministry of Labor-Trade and Social Affairs by regulation.

11. The organization performs statistical work, accounting for unemployment insurance.

12. Application of information technology in the management of unemployment insurance; store the records of the unemployed insurance participant in accordance with the rule of law.

13. Provide full and timely information about participating, closing the unemployment insurance when the worker demands it.

14. Provide documentation, relevant information on unemployment insurance at the request of the competent state agency.

15. Resolve the complaint, denouncing the implementation of unemployment insurance under the rule of law.

16. A 6-month period, prior to July 31 and every year before 31 January reporting the Ministry of Finance and the Ministry of Labor and Social Affairs and Social Affairs on the situation of revenue, limb, management and use of the Unemployment Insurance Fund of the first 6 months of the year and of the previous year.

17. Make other responsibility according to the rule of law.

What? 37. Rights of the Department of Labor and Social Affairs

1. The decision-making Board of Unemployment Benefits, the decision on the assistance of apprentifiing, the decision on the temporary allowance of unemployment benefits, the decision on continuing unemployment benefits, the decision on the termination of the unemployment allowance. The decision on the cancellation of the unemployment allowance was decided on the maintenance of the unemployment insurance.

2. Appraisal and approx of training, fostering, uplifting vocational skills and maintenance of employment; case appraisal offers support and monitoring, which oversees the organization to implement training support, fostering, uplifting the level of skilled vocational skills. Oh,

3. Watch, Inspector, check out the implementation of the law on unemployment insurance.

4. Resolve the complaint, denouncing the unemployment insurance according to the rule of law.

5. The petition with the agency has the authority to build, amend, replenel the regime, policy, law on unemployment insurance.

6. The petition with the agency has the authority to dispose of the laws of unemployment insurance.

7. Other rights under the rule of law.

What? 38. Responsible for the Department of Labor and Social Affairs

1. Host, in coordination with relevant agencies organizing information, policy propaganda, law on unemployment insurance.

2. Resolve the complaint, the organization ' s denouncing, the individual on the implementation of the unemployment insurance regime under the rule of law.

3. Implemonation of a 6-month periodic reporting regime, yearly and a breakthrough with the Ministry of Labor-Trade and Social Affairs, the Provincial People ' s Commission under the rule of law.

4. Provide the document, the relevant information on unemployment insurance at the request of the competent authorities.

5. Do international cooperation and participate in the scientific study of unemployment insurance.

6. Make other responsibility according to the rule of law.

Chapter VI

EXECUTION CLAUSE

What? 39. The transition clause

1. The duration of the worker who has closed unemployment under the provisions of the Social Insurance Act before the Law-making Employment Day without the unemployment allowance is calculated as a period of unemployment insurance under regulation at Article 45. Employment law.

2. The time the employer closes the unemployment insurance for workers to be charged to exempt the liability of the loss of employment or subsidy in accordance with the law of labour law, the official.

3. The time of the actual worker working under labor contracts, the contract working with the employer without having to close the unemployment insurance is charged to the benefit of the subsidy, the loss of employment in accordance with the rule of law. active labor or subsidy in accordance with the law of the officer.

4. The worker who submitted the file for the unemployment allowance before January 1, 2015, does follow the provisions of the Digital Protocol. 127 /2008/ND-CP December 12, 2008 of the Government rules the details and guidelines that implement some of the provisions of the Social Insurance Act on unemployment insurance; the Digital Protocol. 100 /2012/NĐ-CP November 21, 2012 of the Government amended, adding some of the provisions of the Digital Protocol. 127 /2008/ND-CP December 12, 2008, the Government regulates the details and guidelines of the Social Insurance Act.

What? 40.

1. Minister of Labor-Trade and Social Affairs has the responsibility to guide and implement the implementation of this decree.

2. The Minister of Finance is responsible for ensuring the budget support of the Unemployment Insurance Fund under the regulation at Article 7 of this Decree.

3. The Minister of Defense, Minister of Public Security, functions responsible for guidance, the organization of this decree.

4. The other ministries, which are involved in the scope of their functions, duties, and powers have the responsibility of organizing the implementation of this Protocol.

What? 41.

1. This decree has been in effect since 1 May 2015. The regulatory regimes at the Protocol were implemented on 1 January 2015.

2. The following resolutions shall run out of force from the date of this decree taking effect:

a) Protocol number 127 /2008/ND-CP December 12, 2008, of the Government Regulation and Guide to some of the provisions of the Social Insurance Act on unemployment insurance;

b) The arithmetic decree 100 /2012/NĐ-CP November 21, 2012 of the Government amended, adding some of the provisions of the Digital Protocol. 127 /2008/ND-CP December 12, 2008, the Government regulates the details and guidelines of the Social Insurance Act.

What? 42.

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, Central City, agencies, organizations, businesses and related individuals are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung