Law 38/2013/qh13: Jobs

Original Language Title: Luật 38/2013/QH13: Việc làm

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CONGRESS
Number: 38 /2013/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 16, 2013

LAW.

Work

________

The Constitution of the Socialist Republic of Vietnam.

Congress to enact Law V. You do Oh,

Chapter I

COMMON RULES

What? 1. The adjustment range

This law provides policy support policies; labor market information; reviews, national occupational skills certification; organization, job service activities; unemployment insurance and lnl management. What? The state of employment.

What? 2. Subject applies

The law applies to labourers, employers and agencies, organizations, other individuals involved in employment.

What? 3. Explain words

In this Law, the words below are understood as follows:

1 . Workers. Vietnamese citizens from age 15. to Up, there is a capacity for labor and there is a need for work.

2. Work is the labor activity that generates income that is not prohibited by law.

3. National skills standard is the regulation of professional knowledge, practical competence and the ability to apply knowledge, that capacity to the work that workers need to be able to do. Okay. It ' s working on every skill level of each profession.

4. Unemployment Insurance is a regime that seeks to offset a portion of the income of the worker when losing jobs, supporting skilled workers, maintaining jobs, finding jobs on the basis of an unemployment insurance fund.

5. Job Job is the temporary repayment of the right to be created through the implementation of projects or activities that use state capital tied to other programs. to Economic-social development on the commune, ward, town (later known as township level).

What? 4. Principles of employment

1. Ensure the right to work, freedom of choice of employment and workplace.

2. Equality of employment and income opportunities.

3. Guaranteed to work in safe labor conditions, labor sanitation.

What? 5. State policy on employment

1. There is a policy of economic development-the society to create employment for workers, determining the goal of solving jobs in strategy, economic development plans-the society; the resource layout to implement policy on employment.

2. To encourage organizations, individuals to participate in employment and self-employment have income from a minimum wage to contribute to economic growth-the society, the development of the labor market.

3. There is policy support for employment, labor market development and unemployment insurance.

4. There's a policy. Assessment , the national skills certificate level is associated with improving the skill level.

5. There is preferable policy for the industry, the use of skilled workers with high technical expertise or the use of many labourers in accordance with economic-social development conditions.

6. Employers who employ a variety of employers are people with disabilities, women labor, and labor as ethnic minorities.

What? 6. State management content of employment

1. The practice and organization to implement the text of the law of employment.

2. Propaganda, disseminism and education of law on employment.

3. Labor management, labor market information, assessment, national occupational skills and unemployment insurance.

4. Organizational management and operations of employment services, employment services business.

5. Check, inspect, resolve the complaint, denounce and dispose of the violation of the employment law.

6. International cooperation on employment.

What? 7. State management authority over employment

1. The government unified the state over employment. to It ' s a lot of water.

2. The Ministry of Labor-Trade and Social Affairs is responsible to the Government to implement state management of employment.

The ministry, the peer-to-body body, is in charge of coordination with the Ministry of Labor-Trade and Society to carry out state management of employment.

3. The People's Committee is in the scope of its mandate, its powers, the implementation of state management of local employment.

What? 8. The responsibility of the agency, organization and individual about employment

1. The face of the Vietnam Fatherland Front and its member organizations within the functional range, its mandate is responsible for propagation, agency advocacy, business, unit, organization and individual who create jobs for the workers; engaging with the state agency in the country. construction and oversight of the implementation of the policy, the law of employment under the rule of law.

2. The body, organization within the scope of the mission, its powers have the responsibility of propagation, disseminalization of policy, law on employment; creation of employment; the protection of the right and the legitimate interests of the workers, who use labor as prescribed by law.

3. Individuals are responsible for actively seeking employment and participation in employment.

What? 9. Serious offenses

1. Discrimination in employment and occupation.

2. Infringement of the body, honor, dignity, property, rights, the legitimate interests of the worker, the employer.

3. Recruitment, using employers to do the illegal work of the law.

4. Enticing, promising and advertising lies to defrave workers or to take advantage of employment services, labor market information to carry out acts of law.

5. Fraud, forgery in the implementation of a policy of employment.

6. Obstruction, difficulty or damage to the legal rights and interests of the worker, the employer.

Chapter II

JOB CREATION SUPPORT POLICY

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JOB CREATION CREDIT POLICY

What? 10. Create job incentives

The state implemented a preferable credit policy to support job creation, maintenance and expansion of employment from the National Fund for employment and other sources of credit.

What? 11. National Fund for employment

1. The source of the National Fund for employment includes:

a) State budget;

b) The support of the organization, the individual in and out of the water;

c) Sources h Another one.

2. The management, the use of the National Fund for employment under the rule of law.

What? 12. The loan object from the National Fund for employment

1. The subject is borrowed from the National Fund for employment including:

a) Small and medium-term business, cooperative, cooperative, business.

b) The worker.

2. The specified object at paragraph 1 This belongs to the following cases which are borrowed capital from the National Fund for employment at a lower rate of interest:

a) Small and medium-term businesses, cooperative organizations, businesses that employ a lot of people with disabilities, minorities;

b) Ethnic minorities are living in regions with economic-particularly difficult socioeconomic conditions, people with disabilities.

What? 13. Capital Loan

1. The specified object at the point a 1 Article 12 of this Law is borrowed capital from the National Fund for employment when there is sufficient following the following conditions:

a) There is a locally viable loan project, which is consistent with the industry, business manufacturing, and more labor in stable work;

b) The agency ' s confirmed capital loan project, the organization has jurisdiction over the project implementation;

c) There's a loan guarantee.

2. The specified object at point b 1 Article 12 of this Law is borrowed capital from the National Fund for employment when there is sufficient following the following conditions:

a) Capable of full civil conduct;

b) There is a need to borrow capital to self-create employment or attract more confirmed labor of the agency, the organization has jurisdiction over the project implementation;

c) Local legal residence for the project.

3. The government regulates the loan, the deadline, the loan rate, the order, the capital loan, and the loan guarantee conditions.

What? 14. Give preferable loans from other credit sources to support job creation.

In terms of economic-social conditions during the period, the state used other sources of credit for lending incentives to implement indirect policies supporting job creation.

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THE POLICY TO SUPPORT EMPLOYMENT SHIFTED EMPLOYMENT TO WORKERS IN RURAL AREAS.

What? 15. Support of occupational conversion, employment for workers in rural areas in the region

1. Strategic base, economic development plan-society, the State of Support of Chuy Okay. In exchange for employment, employment for workers in rural areas.

2. Workers in rural areas participate in vocational transformation, the employment of the following modes:

a) Vocational assistance;

b) Free counseling. I'm book, law of labor, employment, education;

c) Introducing free employment;

Capital loans from the National Fund for Regulation at the 11th, 12th and 13th Laws of this Law.

What? 16. Learn vocational education for labourers in rural areas

Workers in rural areas apprenstive for less than 3 months or learn a degree in primary qualifications in vocational training facilities that are supported by the Prime Minister's qualifications.

What? 17. Small business support and medium, cooperative, cooperative organization, business-making business for workers in rural areas of the United States.

Small and medium enterprises, cooperative, hive. The business is supported by the State to develop production, business, and to expand employment in rural areas through the following activities:

1. Capital Loan from the National Fund for Regulation at the terms 11, 12 and 13 of this Law;

2. Support U Level of information about market consumption;

3. As long as the tax cuts are on the law of taxes.

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JOB POLICY

What? 18. Job Policy Content

1. Employment policy is done through projects or activities that use state capital to be associated with economic-social development programs on the social table, including:

a) Infrastructure construction serves agricultural, forestry, fishing and matches.

b) Building public infrastructure;

c) Environmental protection;

d) With climate change.

The projects, other activities serve local communities.

2. The projects, activities specified at 1 Article upon making the selection of the contractor under the law of the bid, in the tender or filing of the bid or the filing required the contractor to submit a bid to propose a procedure for the use of labor under the rule object. I mean, there's a Article 19 of this law.

3. The government regulates the implementation of the implementation of the work policy.

What? 19.

1. Workers are involved in the employment policy when there are enough of the following conditions:

a) Local legal residence where project implementation, operation; and more.

b) Voluntarily participating in the work policy.

2. The employer stipulated at 1 Article 1 This is the ethnic minority; the poor, poor, or household is revoked of agricultural land; people who have no jobs or lack of employment are priorititifully engaged in employment policy.

3. To encourage the organization, the individual to use the employer stipulated at this one Article upon the implementation of the project, operating not under the provisions of Article 18 of this Law.

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OTHER SUPPORT POLICIES

What? 20. Support to bring workers to work abroad under contract.

1. The state encourages, facilitalate workers. Yes. needs and ability to work abroad under contract.

2. Workers are ethnic minorities; poor people, poor households, poor households, or households are revoked of agricultural land; the relatives of the public with the way the network has the need to work abroad under the state-supported contract:

a) Professions, foreign languages; knowledge of the customs, laws of Vietnam and the country receiving labor;

b) Training. o occupational skill to meet the requirements of the country receiving labor;

c) Borrowing capital with preferable interest rates.

3. The government regulates the policy of supporting the worker who goes to work abroad under h ... It ' s the same thing.

What? 21. Supporting employment for youth

1. The state encouraged the organization, the individual to address the employment of the youth; facilitate the youth to develop active, creative, creative work.

2. The state supports the creation of the youth through the following activities:

a) Counseling, career orientation and introduction of free employment for youth;

b) Vocational training attached to creating the youth of military service, public service, youth volunteers complete the task of carrying out programs, economic development projects;

c) Professional youth support, business initiation.

3. The government regulates the point b and point 2.

What? 22. Support of labor market development

The state supports the development of the labor market through the following activities:

1. Collected, providing labor market information, analysis, labor market forecasts, labor supply connections; and more information on the market.

2. Modernization of employment services and labor market information systems;

3. Investment enhenhability investment;

4. Encouraging organizations, individuals to participate in the development of the labor market.

Chapter III

LABOR MARKET INFORMATION

What? 23. Labor market information content

1. Status, employment trends.

2. Information on labor supply, labor supply fluctuations and labor supply. to The labor market.

3. The information about labour is foreign nationals working in Vietnam and Vietnamese workers who work abroad under contract.

4. Paycheck info, public money.

What? 24. Labor market information management

1. The state governing body for statistical organization collection, publication and construction, database management for labor market information is the national statistical designation under the rule of statistics law.

2. The Ministry of Labor-Trade and Social presided over, in coordination with the ministries, the relevant agency responsible for collecting and publication of the industry ' s labor market information, the field of charge in addition to labor market information belonging to the consumer-only system. national statistics; management of management, exploitation, use and dissemation of labor market information; construction of information networks and market databases in the United States. to Oh, my God.

3. The People's Committee. to Mission ranges, their powers to manage local labor market information.

4. The regulatory bodies at 1, 2 and 3 are responsible for periodically announcing the labor market information.

What? 25. Collum, storage, aggregation of labor market information

1. The Ministry of Labor-Trade and Society organizes, instructs the collection, storage, aggregation of labour market information under the jurisdiction stipulated at paragraph 2 Article 24 of this Law.

2. The People ' s Committee organizes the collection, storage, aggregation of the labor market information. to The table is under management.

3. Agency, organization, business and individuals collect, store and store. to Yeah, yeah. p labor market information under the rule of law.

What? 26. Provides labor market information

The agency, organization, business and individual are responsible for providing accurate and timely labor market information under the rule of law.

What? 27. Analysis, forecasting and dissemination of labor market information

1. The Ministry of Labor-Trade and Social Affairs presided over the analysis, forecasting and disseminology of the jurisdiction of the authority.

2. The People's Committee organizes the analysis, forecasting and dissemination of labor market information on the site of the management range.

What? 28. Secure safe, secure and storage of labor market information

1. Labor market information in the process of construction, operation, upgrading of information network and market information databases to the public. to The labor must be safe.

2. The labor market information must be classified including:

a) The labor market information attached to the name, the specific address of each organization, individual, subtract the institution, the individual agrees to the publication;

b) Labor market information is ongoing to the process of gathering, aggregable, unrecognized by the person with the authority to publish;

c) The labor market information belongs to the state secret portfolio according to q Y. The law.

3. The agency, organization, business and individuals exploit, use the labor market information responsible for ensuring safety, security and storage of information under the provisions of this Law and other provisions of the relevant legislation.

Chapter IV

ASSESSMENT, NATIONAL SKILL LEVEL CERTIFICATE

What? 29. The purpose of evaluation, granting national skills certificate

1. Evaluation, level of national skills certification in order to recognize the level of occupational skills according to the worker's qualifications.

2. Workers are involved in evaluating, granting a national skill to complete their career competabilities, finding the right job or job required to have a national skill certificate.

What? 30. Principles, National Vocational skills assessment

1. The evaluation of national skills must comply with the following principles:

a) To ensure the voluntary of the labourers.

b) Based on the standard of national skills.

c) By order of tr. What? The skill of each profession;

d) Correct, independent, objective, fair, transparent.

2. National skills assessment content includes:

a) Professional knowledge, engineering.

b) Job practice skills;

c) Labor safety procedures, labor sanitation. .

What? 31. Organisational skills assessment

1. The organization is a skilled activity organization and is licensed by the state authority to grant a certificate of evaluation, national skills certificate.

2. The organization assessed the skilled skilled state authority to grant evaluation of evaluation, certification of national skill only when qualified for facilities, equipment, and manpower.

3. The organization evaluations the skill of being charged in accordance with the laws of fees and fees.

4. The government regulates the conditions, organization, and operations. light price, national skills certificate.

What? 32. Construction, National Vocational skills publication

1. The standard of national skills is built to each level of skilled skill for each profession and the national skill level framework. S The degree of skill level depends on the complexity of each profession.

2. The Minister, the chief of the peer-to-peer agency, Head of the Government of the Government is responsible for presiding over the standard of national vocational skills for each profession of the management sector and the proposed Ministry of Labor-Trade and Social Affairs, which announced the standard. National skills.

3. The Ministry of Labor-Trade and Society guides the construction, appraisal and publication of national skills skills.

What? 33. Certificate of National Vocational skills

1. The worker at the request of any skill degree is given a certificate of national skill at that degree in accordance with the provisions of the Ministry of Labor and Social Affairs.

2. National occupational skills are valuable in the country. In the case of recognition, mutual recognition of the national skills certificate between Vietnam and the nation, the other territories, the national skills of occupational skills, have recognised, and vice versa.

What? 34. The rights and responsibilities of the worker participate in evaluation, the national occupational skills certificate.

1. Workers participate in the evaluation, granting a certificate of national skills to the following rights:

a) Organizational selection of skill rating;

b) It is granted a national skill certificate when it comes to a requirement for the corresponding skill level.

c) Complaints about the outcome of national skills assessment by law.

2. Workers participate in the assessment, the national occupational skill certificate has the following responsibility:

a) Internal acceptance, evaluation of evaluation, national occupational skills certification by the organization assessment skills;

b) The assessment fee, the National Vocational Specialization degree, is prescribed by law.

What? 35. The required jobs must have a national skill certificate.

1. Workers who work directly to the safety and health of the worker or community must have a national skill certificate.

2. The government specifies the name of the work stipulated at this one Article.

Chapter V.

EMPLOYMENT AND EMPLOYMENT SERVICES

What? 36. Job Services

1. Employment services include: consulting, employment refere; supply and, however, Okay. n labor at the request of employers; gather, provide information on the labor market.

2. The employment service organization includes employment services center and employment services business.

What? 37. Job Services Center

1. The employment service center is the public career unit, which includes:

a) Tr U The employment services were established by the state governing body;

b) Tr U The employment of social-political-establishment jobs.

2. The established employment service center must be consistent with the planning by the Prime Minister and there is sufficient provision for facilities, equipment, regulations, and regulations. Minister, the head of the peer agency, the Chairman of the Provincial People ' s Committee, to The country (later called the provincial level) decided to establish a working service center at the point of one Article; the head of the political organization-the central social organization decided to establish the employment service center at point b. This one thing.

3. The government regulates the conditions of the establishment, organization, and operation of the employment service center.

What? 38. The mission of the employment service center

1. The employment service center has the following tasks:

a) Consulting, gi. Oh. Introducing employment to the worker and providing free labor market information;

b) Supply and hiring labor at the request of the employer;

c) Collecting labor market information;

d) Analysis and forecasting of labor market;

We ' re doing programs, projects of employment;

e) Training skills, teaching practices by law;

2. The employment service center was made by the state governing body for the successful implementation of operations. n The case is on the order of this one Article and it does have to take over the unemployment insurance plan for the state agency to have the authority to decide.

What? 39. Business Operations Business

1. The business operations business is an established business and operates under the regulation of the business law and must have a employment permit for employment services provided by the state regulator.

2. The business is licensed for employment services when there is sufficient provision for facilities, equipment, manpower, and funds.

3. The employment services business is established in the employment service branch.

4. Employment services businesses are charged under the provisions of the law of fees, fees.

5. The government regulates this.

What? 40. Activity of the employment services business

1. Consulting, introducing employment to workers, employers.

2. Supply and hiring labor at the request of the employer.

3. Collect and provide labor market information.

4. Analysis and forecasting of labor market.

5. Training skills, teaching practices by law.

6. Implementing programs, projects of employment.

Chapter VI

UNEMPLOYMENT INSURANCE

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THE PRINCIPLE, THE SUBJECT, THE UNEMPLOYMENT INSURANCE REGIME.

What? 41. unemployment insurance policy.

1. Guarantee the risk of sharing the risk among unemployed insurance participants.

2. The unemployment insurance level is calculated on the basis of the worker ' s wages.

3. Unemployment premiums are calculated on the basis of a closed level, the time of an unemployment insurance.

4. The implementation of unemployment insurance must be simple, easy, convenient, timely and full of participants ' rights.

5. The unemployment insurance fund is centrally managed, unified, publicly, transparent, secure and protected by the State.

What? 42. unemployment insurance regimes

1. unemployment allowance.

2. Consulting support, job introduction.

3. Vocational assistance.

4 . Training support, fostering, improving vocational skills to maintain employment for workers.

What? 43. The mandatory subject to unemployment insurance

1. Workers must participate in unemployment insurance when working on a labor contract or contract work as follows:

a) Labor contract or h ps work does not specify a deadline;

b) Labor contract or h ps work on the deadline;

c) H ps work on the season or by a certain job that has a term of up to 3 months to less than 12 months.

In the case of the person who is committed to the transaction and is making many labor contracts stipulated at this paragraph, the worker and the employer of the first contract labor contract is responsible for the unemployment insurance.

2. The employer is at the expense of this one, which is a pension, and it ' s not an unemployment insurance business.

3. Employers who participate in unemployment insurance include the state agency, the government said. Uh ... The establishment of a public domain, the human armed unit; political organization, political-social organization, social political organization-profession, social organization, social organization-profession; agency, foreign organization, international organization that operates on the territory. Vietnam. enterprise Oh. p communes, households, business households, cooperative organizations, other organizations and individuals who employ hire, use of labor under h ... A co-worker or a contract for the labor of a single Article.

What? 44. Join the unemployment insurance

1. Employers are required to participate in unemployment insurance for workers at the social insurance organization for a period of 30 days, since labor contracts or working contracts are valid.

2. Every month, the employer closes the unemployment insurance at a stipulation rate at the point b 1 Article 57 of this Law and extracts the salaries of each worker by the stipulation rate at a paragraph 1 Article 57 of this Law to close at the same time. It's unemployed.

3. Based on the unemployment insurance fund ' s end, the State shifted funding from the state budget to the Fund in accordance with the Government specified by the Government on March 3. Okay. 59 of this law.

What? 45. Time of unemployment insurance

1. The unemployment insurance time for unemployment insurance is the total amount of time that has closed the unemployment insurance constantly or has not continually been cornered since the start of the unemployment insurance until the worker terminated the contract. Employers or contracts working under the rule of law that does not inherit unemployment benefits.

2. After the end of the unemployment allowance, the worker's previous unemployment insurance period was not calculated to enjoy the unemployment allowance for the next time. The unemployment insurance time for the next unemployment insurance is calculated from the start, minus the case of an end to the prescribed unemployment allowance at the b, c, h, and other points. l , m and n paragraph 3 Article 53 of this law.

3. The time of an unemployment insurance worker is not included in the employment allowance of employment or subsidy employment under the law of labor law, the law of officials.

What? 46.

1. For the period of 3 months, since the end of the employment contract or employment contract, the worker submitted the unemployment pension scheme at the employment service center due to the establishment of the state regulator.

2. In the 20-day period, since the day of the employment service center, the state agency has the authority to issue unemployment benefits; the unqualified case for unemployment benefits must be answered by writing to the public. workers.

3. The social insurance organization performs an unemployment allowance for workers for a period of 5 days, since the date of the receiving end of the unemployment allowance.

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

What? 47. Conditions, time and support levels

1. Employers are supported by the training of training, fostering, raising the skill level to maintain employment for the workers of regulation at paragraph 1 Article 43 of this Law is closing the unemployment insurance when there are sufficient following conditions:

a) Close enough insurance All A career for employees of the subject of continuous unemployment insurance from 12 months or more to the time of the offer of support;

b) Struggling due to economic decline or for other adverse reasons forced to change the structure or technology of manufacturing, business; and the economy.

c) There is not enough funding to organize training, fostering, raising skill levels for labourers;

d) There is training, fostering, advanced skill level maintenance and maintenance of the employment of the country ' s national agency. Move. The rights to approve.

2. Training time for training, fostering, raising vocational skills to maintain employment for the elderly people. l The motion was approved and not over for 6 months.

3. The government regulates this and supports the funding of training, fostering, improving the skill level to maintain employment for workers, ensuring unemployment insurance funds.

What? 48. Responsibility for training, fostering, advanced skill level

1. Employers responsible for organizing training, fostering, raising vocational skills and using labor under the methodology have been approved; using the right source of funding, the right purpose and the implementation of a training organization results report for the agency. The state has jurisdiction after the end of training, fostering, improving the skill level.

2. The worker is responsible for implementing the law of training, fostering, raising the skill level.

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UNEMPLOYMENT BENEFITS

What? 49.

The employer stipulated at paragraph 1 Article 43 of this Law is closing the unemployment insurance that is entitled to the unemployment allowance when there is sufficient following the following conditions:

1. Termination of the labor contract or contract work, except the following cases:

a) The worker. Please. the end of the contract of labor, the contract of the law of the law;

b) Pension benefits, monthly allowance.

2. Closed unemployment insurance from enough 12 months to 24 months before the end of the labor contract or contract work for the specified case at point a and point b 1 Article 43 of the Law; has closed unemployment insurance from enough 12 months. The month came 36 months before the termination of the labor contract for the specified case at the point of paragraph 1 Article 43 of the Law;

3. Filed a unemployment pension scheme at the employment service center in accordance with Article 46 of this Law;

4. Not yet to find a job after 15 days, since the date of the unemployment insurance plan, except the following cases:

a) In the service of the service of the service of the service of the service;

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

c) Approval of the decision to apply the measure put into the school of education, compulsory education facility, mandatory rehab facility;

d) He is imprisoned, and he accepts the punishment of the prison.

Abroad, abroad, and abroad; and abroad according to the contract;

e) Dead.

What? 50. Level, time, time of unemployment benefits

1. The monthly level of unemployment benefits by 60% of the average monthly monthly wage premiums are unemployed for the next 6 months before unemployment but maximes no more than 05 times the base salary for workers of the object performing the regime. State-issued wages or no more than 05 times the statutory minimum wage of the Labor Code for workers who pay unemployment insurance according to the wage regime decided by the employer at the time of the termination of the contract. labor or contract work.

2. Time of time. to Unemployment is calculated according to the number of months of unemployment insurance, 12 months to 36 months in terms of unemployment. 12 months.

3. The period of unemployment benefits was calculated from the 16th day, since the date of the filing of the unemployment allowance under the provisions of Article 46 of the Law.

What? 51. Health Insurance

1. The person who is enjoying the unemployment allowance is entitled to the health insurance regime according to the law of health insurance legislation.

2. The Social Insurance organization plays health insurance for the person who is enjoying the unemployment pension from the Insurance Insurance Fund.

What? 52. Notice of finding employment

1. In the time of the unemployment allowance, the monthly worker must directly inform the service of the employment services center. to Unemployment is about finding jobs, except for jobs. case The following:

a) Sick workers, maternity, and accident have a confirmation of the disease facility, the treatment of the authority under the law of the law of the disease, the treatment;

b) It's illegal.

2. For the specified case at point a and point b 1 This is the worker responsible for informing the service of the employment services center.

3. The Ministry of Labor-Trade and Social Guide does this.

What? 53. pause, continue, end of the unemployment allowance

1. The person who is enjoying the unemployment allowance is suspended from the unemployment allowance. i It is not informed about the search for the monthly employment specified at Article 52 of this Law.

2. Workers who are temporarily suspended from the unemployment allowance should continue to enjoy the unemployment benefits while making an announcement on the search for the monthly employment prescribed at Article 52 of the Law.

3. The person who is enjoying the unemployment allowance is terminated with the unemployment allowance in the following cases:

a) Expiration of the unemployment allowance;

b) Found work.

c) In the service of the service of the service of the service of the service;

d) The monthly pension.

After 2 years of denial of employment due to the employment service center, which is receiving an introduction to the unemployment level, there is no correct reason;

e) The daily employment search announcement is not made in accordance with Article 52 of this Law for 3 consecutive months;

g) Abroad for a settlement, for labor abroad according to the contract;

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

i) Sentenced to be sentenced to conduct violation of unemployment insurance laws;

) Die.

l ) Approval of the decision to apply the measure put into the school of education, compulsory education facility, mandatory rehab facility;

m) condemned by the court;

n) Under arrest, imprisonment.

4. Workers are terminated from the unemployment allowance of regulatory cases at the b, c, h, and p points. l , m and n paragraph 3 This is preserved in the unemployment insurance period as a base for the duration of the unemployment allowance for the next time when sufficient conditions stipulate at Article 49 of this Law.

The retention period is calculated by the total time that the unemployment insurance shutdown minus the time that closed has benefited th. All A career, in principle. It's c each month has enjoyed a 12-month equivalent unemployment allowance that has closed unemployment insurance.

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CONSULTING SUPPORT, JOB INTRODUCTION, VOCATIONAL EDUCATION

What? 54. Consulting.

The worker stipulated at 1 Article 43 of this Law is closing the unemployment insurance that is terminated with the labor contract or the contract to work that has the need to seek employment, which introduces free employment.

What? 55. Conditions supported by profession

The employer stipulated at paragraph 1 Article 43 of this Law is closing the unemployment insurance that is supported by apprentifiing when there is sufficient following the following conditions:

1. There are sufficient provisions for the Articles 1, 3 and 4 Articles 49 of this Law;

2. The unemployment insurance has been closed for nine months to 24 months before the end of the labor contract or contract to work under the rule of law.

What? 56. Time, Vocational Support Level

1. The time of apprentiup to vocational education is practical, but not more than 6 months.

2. The level of assisted learning by the Prime Minister.

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UNEMPLOYMENT INSURANCE

What? 57. Low level, source of formation and use of the Unemployment Insurance Fund

1. The level of closing and responsibility of closing the unemployment insurance is regulated as follows:

a) Workers are about one percent of their wages.

b) Employers close by 1% of the monthly wage funds of workers who are engaged in unemployment insurance;

c) The state supports a maximum of 1% of the unemployment insurance fund's unemployment insurance fund that is engaged in unemployment insurance and is guaranteed by the central budget.

2. The source of the unemployment insurance fund includes:

a) The terms and support are provided by this one Article;

b) The student money of the investment from the fund;

c) Other legal sources.

3. The unemployment insurance fund is used as follows:

a) Unemployment benefits;

b) Training support, fostering, raising vocational skills to maintain employment for workers;

c) Vocational assistance;

d) Consulting support, job introduction;

) Close the health insurance for the unemployment benefits beneficiary;

e) Unemployment insurance management costs follow the provisions of the Social Insurance Act;

g) Investment to preserve and raise the Fund.

What? 58. The wage is based on unemployment insurance.

1. The labourers. Subject As a state-regulated wage regime, the monthly wage insurance is an unemployment insurance policy that is required to be a social insurance base that is required to follow the provisions of the Social Insurance Act. The case of a monthly wage for unemployment insurance is higher than twenty months. What? Monthly wages were insured by twenty months of unemployment at the time of the unemployment insurance.

2. Employers who pay unemployment insurance according to the wage regime are determined by the employer, the unemployment insurance payout is the wage as a social insurance base that is forced to follow the provisions of the Social Insurance Act. The average monthly wage in unemployment is higher than twenty months ' pay. Okay. The region's monthly wage premiums are unemployed by twenty-month minimum wage in the regulation of the Labor Code at the time of the unemployment insurance.

What? 59. Manage unemployment insurance

1. The unemployment insurance fund is independently funded. Social Insurance. i make up the collection, limb, management and use of the unemployment Insurance Fund.

2. Investment activity from the Unemployed Insurance Fund must ensure safety, transparency, efficiency and recovery as needed, through the following forms:

a) Buying bonds, votes, the public of the State; the bonds of the state-owned commercial bank above 50% of the charter capital;

b) Investing in important projects at the discretion of the Prime Minister;

c) For the state budget, the Development Bank of Vietnam, Social Policy Bank, Commercial Bank owned by the State of over 50%. capital The loan.

3. The government regulates the ratio of support from the state budget; the management, the use of the Fund; the organization that performs unemployment insurance.

Chapter VII.

EXECUTION CLAUSE

What? 60. The transition clause

1. The business is granted a license to introduce a job prior to the practice of the law, which continues to operate the employment service until the end of the permit period.

2. The employment introversion center was established before the Law on which the implementation of the operation continues to be changed to the employment service center.

3. The evaluation of the vocational skills has been granted a certificate of evaluation, the national skill certificate level prior to the law is enforced, and continues to operate until the end of the certificate's certificate has been granted.

4. The time the worker has closed unemployment under the rule of the Social Insurance Act before the Day of Law has the enforced effect that has not benefited the unemployment allowance given to the time that has closed the unemployment insurance under regulation at Article 45 of the law. This law.

What? 61.

1. The law came into effect on 1 January 2015.

2. The Insurance Insurance ' s Unemployment Insurance Regulations B Digital delusion 71 /2006/QH11; Chapter IX-Evaluation, National Vocational skills certificate of the Digital Vocational Law 76 /2006/QH11 The effect of this law is effective.

What? 62. Details regulation and execution guidelines

The government, the state authority with other authority rules the details, guidelines for the implementation of the provisions, which are assigned in the Law.

The law was held by the National Socialist Republic of Vietnam XIII, the 6th session through November 16, 2013. /.

President of Congress.

(signed)

Nguyen Gung Xiong