Circular 04/2013/tt-Bldtbxh: Amendments And Supplements To Some Articles Of The Circular No. 32/2010/tt-Bldtbxh Dated 25/10/2010 Of The Ministry Of Labor, Invalids And Social Affairs Guide Made A Decree ...

Original Language Title: Thông tư 04/2013/TT-BLĐTBXH: Sửa đổi, bổ sung một số điều của Thông tư số 32/2010/TT-BLĐTBXH ngày 25/10/2010 của Bộ Lao động - Thương binh và Xã hội hướng dẫn thực hiện một số điều của Nghị đ...

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DEPARTMENT OF LABOR-COMMERCE AND SOCIETY
Number: 04 /2013/TT-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, March 1, 2013

IT ' S SMART

Edit, add some of the stats of the Digital 32 /2010/TT-BLTBXH October 25, 2010

of the Ministry of Labor-Trade and Social Guide implementing some of the provisions of the decree

number 127 /2008/ND-CP December 12, 2008 by the Government of the Government Regulation and Guide to Action

Some of the Social Insurance Act on unemployment insurance.

________________________

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

Base of Protocol 127 /2008/ND-CP December 12, 2008, of the Government Regulation and guidelines enforce certain articles of the Social Insurance Act on unemployment insurance (the latter being abbreviated as Protocol No. 1). 127 /2008/NĐ-CP);

Base of 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, of the Government Regulation and Guide to some of the provisions of the Social Insurance Act on unemployment insurance;

At the suggestion of the Director of the Bureau of Employment;

Minister of Labor-Trade and Social Affairs issued the revised Notice, compleming some of the provisions of the Digital News 32 /2010/TT-BLTBXH October 25, 2010 of the Ministry of Labor-Trade and Social Guide performs some of the provisions of the Fifth Protocol. 127 /2008/ND-CP December 12, 2008, of the Government Regulation and guidelines enforce some of the provisions of the Social Insurance Act on unemployment insurance (Digital Information). 32 /2010/TT-BLTBXH October 25, 2010 the following is written off as Digital Digital. 32 /2010/TT-BLTBXH ) as follows:

What? 1. Edit, add some of the stats of the Digital 32 /2010/TT-BLTBXH as follows:

1. Modified, add Article 1 as follows:

" Article 1. Subject and scope applicable

The object and the applicable scope of this Notice are the subjects and the applicable applicable scope at Article 1, Article 2 and Article 3 of the Digital Protocol. 127 /2008/ND-CP modified, added. "

2. Modified, add Article 2 as follows:

" Article 2. What is the unemployment insurance?

1. The person who is closing the unemployment insurance by regulation at Article 15 Digital Protocol 127 /2008/ND-CP modified, supplemated to the implementation of the instructions as follows:

The person who is closing the unemployment insurance is the one who has an adjacent month before losing employment or termination of a labor contract or contract that has closed unemployment insurance, the adjacent month includes the following time:

a) The labourers have the adjacent months before the loss of employment or termination of a labor contract or the contract to work on the enjoyment of a maternity or illness from 14 days of work-free work, the public money at the unit that benefits granted. Social insurance.

b) The worker has the adjacent months before the loss of employment or termination of a labour contract or contract work on the implementation of a labor contract or contract that has committed under the rule of law that does not enjoy wages, wages, and money. Months at the unit.

2. The unemployed are entitled to unemployment insurance when there are enough regulatory conditions at Article 15 of the Digital Protocol. 127 /2008/ND-CP modified, supplemated to the implementation of the instructions as follows:

a) Have closed unemployment insurance from enough twelve months or more during the twenty-four months prior to the loss of employment or termination of a labor contract or contract working in accordance with the provisions of the law.

The unemployment insurance month of workers is calculated if employers and workers have closed unemployment insurance, workers who have performed labor contracts or contracts for at least 1 days in that month.

b) registered unemployment with the Centre for the Employment of Employment-Trade and Social Services, the Central City of Central (the latter being abbreviated as the Employment Introduction Centre) when losing employment or termination of labor contracts or contracts. They work on the rules of law.

c) Not yet to find a job after 15 days of employment since the date of the unemployment register with the prescribed employment Centre at this b Point, the first of 15 days above is the day immediately after the fall of the failed registration worker. Career, working on the day of work.

The working day applies to all cases in this Notice as the day of work from the second to the end of the weekly Friday. "

3. Modified, add paragraph 6 and paragraph 7 Article 3 as follows:

" 6. The worker who is enjoying the unemployment allowance is terminated with the regulatory unemployment allowance at 1 Article 23 of the Digital Protocol. 127 /2008/ND-CP, The instructions for the execution are as follows:

a) The expiration of his decision to inherit unemployment benefits.

b) There is a job.

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

-Having delivered a labor contract or a working contract (including a wage trial period) from enough 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;

-Business owner, business individual with a certificate of business registration of the agency with acute authority:

For non-condition business professions: days of employment with business owners, business individuals are the date in business registration certification;

For business-only professions: the day of employment with business owners, business individuals are the date to meet all the conditions for business activity.

c) A military service. The date the worker was determined to carry out military service was the day the worker enlisted in the army.

d) to be entitled to the monthly pension by the decision of the competent organ. The date the worker is determined to retire is the date of the start of the pension that is recorded in the Monthly Pension Plan.

After two attempts to accept the job as a referrt, there is no correct reason.

Workers who are enjoying the unemployment pension refuse to take a job in one of the following cases, which is determined to have no legitimate reason:

-The worker who is enjoying the unemployment allowance refuses to get the job that the worker has trained;

-The labourers who are in favor of unemployment have denied the work that the labourers have ever done;

-The worker who is in favor of unemployment is a popular labor force that refuses the job of doing just public labor.

e) During the unemployment pension, three months repeatedly did not make monthly announcements about the search for employment with the prescribed employment Center.

g) overseas to settle. The date of the worker being identified abroad is the date to remove the permanent registration of the worker by the rule of the residence law.

) Accusing the decision to apply administrative treatment at the school of education, educational grounds, treatment facilities (including cases of withdrawal from rehab centers) or to accept prison sentences but not a suspended sentence. The date the worker is determined to accept the decision to apply the administrative treatment is the date of the start of the execution of the administrative treatment in the decision.

i) Is dead.

The worker who was in the unemployment allowance was terminated with the unemployment benefits of all the cases on the days of the month of unemployment, the workers were still in the unemployment benefits of the month.

7. The case of labourers in the prescribed cases at Point b, c, d, g and h 6 This is in the 3-day period of day employment must inform the Centre for the employment of the workplace unemployment. It is accompanied by this message (in case of post-postal mail, on the date of the post on the post of post) and with the documents that are related to the termination of the unemployment allowance (the photograph) as follows:

a) The contract of a labor contract or contract works or the decision to recruit or license business registration for the prescribed case at Point 6 This Article.

b) A summons for a military service to the specified case at Point 6 This Article.

c) The decision to settle the pension plan on the prescribed case at Point 6 This Article.

d) The confirmation of the authority with the authority on the deletion of the permanent registration on the prescribed case at Point 6 This Article.

The decision is made to the prescribed case at the point of H 6 This. "

4. Modified, add 2 and Clause 3 Articles 4 as follows:

" 2. The level of assisted learning is in paragraph 2 Article 17 of the number. 127 /2008/ND-CP modified, supplemated to the implementation of the instructions as follows:

The level of vocational support for the worker who is in charge of the unemployment level depends on the level of the profession of the profession of the profession and the implementation by the Prime Minister's provisions.

Where the worker who is enjoying a unemployment allowance has a need for vocational education at a higher cost level than the prescribed cost of the profession, the cost exceeds this expense paid by the labourers.

3. Time supported by vocational education at paragraph 3 Article 17 of the Digital Protocol 127 /2008/ND-CP modified, supplemated to the implementation of the instructions as follows:

Apprentitiing time depends on the training time of the profession and the training needs of each labourers, but no more than 6 months. The time begins to receive vocational education from the day the worker is entitled to the monthly unemployment benefits.

In the time of being a prescribed unemployment allowance, if the worker has a need for apprentifiing, the application is required to provide a degree of support. The Director of the Department of Labor-Trade and Social Affairs decided to support apprenties for a 15-day period of work on the day of work since the date of receiving a petition to support workers ' vocational education. 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. Time to learn. "

5. Modified, add 1 and Clause 2 and paragraph 3 Article 9 as follows:

" 1. Registration of unemployment by regulation at Article 34 of the number 127 /2008/ND-CP modified, supplemated to the implementation of the instructions as follows:

a) In the three-month period from the day the worker lost his job or terminated the labor contract or the contract to work, if the worker had not had a job that had a need for unemployment, the worker had to directly go to the Center of the World. The work of the workplace before losing employment or termination of a labor contract or contract work to register unemployment. The case of workers with the need to register unemployment at the Job Introduction Centre is not the place that has worked before losing employment or termination of a labor contract or employment contract, when the unemployment register must have a confirmation of the job. unregistered unemployment of the Centre for the employment of the workplace before losing employment or termination of a labor contract or contract work.

Workers offer to confirm unregistered unemployment. 1a attached to this Notice, the Centre for the Introduction of the Workplace Employment Center before the loss of employment or termination of a labor contract or contract work contract is responsible for reviewing and confirming unemployment for workers in accordance with the work. sample number 1b This is an executive order. The Center for the Introduction of a single-level directive to the worker, the worker must have the responsibility of preserving, preserving the confirmation.

The three-month deadline is calculated from the calendar month and is calculated from the day the worker loses employment or termination of a labor contract or contract to work on that date of 3 months later. If the deadline month does not have a corresponding date then the deadline ends on the last day of that month.

Workers arriving at the unemployment register are responsible for full prescribation of content in the unemployment register in accordance with sample number 1 This message is issued to the Center for the Introduction of the Job. For the case of unemployed registered workers at the Center for the Introduction of the Other Job, which has worked before the loss of employment or termination of a labor contract or contract work, it must be submitted to the Center for the Identification Of The Work. I'm sorry, I'm not going to the unemployed. sample number 1b Come on.

The Center for the Introduction to the Responsible Employment, review of the contents of the worker's manifest in the unemployment register and when the unemployment register is given to the worker of the unemployed registered information. Number two. This is an executive order.

For example, Mr. Nguyen Van A terminated his labor contract on January 15, 2013, the expiration of Mr A's expiration date of April 15, 2013.

b) The cases of registered labourers are too long by regulation at the point of this one but the most not more than 7 days on the calendar date since the expiration of the prescribed unemployment are registered to unemployment and see. If one of the following cases:

-Sick, pregnant with a certificate of a district hospital or equivalent level.

-The accident has a confirmation paper of the District Hospital or the equivalent or the confirmation of the traffic police to the case of a traffic accident;

-Due to natural disasters, the confirmed translation of the Chairman of the People 's Committee, the ward, the town (later abbreviated as the township level) on the labourers' offer.

2. The unemployment insurance plan is prescribed at Article 37 of the Digital Protocol. 127 /2008/ND-CP has been modified, added, including:

a) Proposal for unemployment insurance Number three. This is an executive order.

b) The copy of the labour contract or employment contract expired or the agreement to end the labour contract or contract work or the decision to quit or confirm the final unit before the unemployment of the unilateral termination of the contract. Or the contract works in accordance with the rule of law.

At the same time, workers must export the Social Insurance Agency ' s confirmation of the Social Insurance Agency for the closure of the unemployment insurance or the confirmation of the Social Insurance agency on the closing of unemployment insurance.

Workers must directly submit the unemployment insurance plan in the 15-day period of work on the day of work since the date of the unemployment register (the first day in the fifteen-day period is the day of work immediately after the failed registration worker day). I'm sorry

The Center for the Introduction of the Occupational Hazard only receives an unemployment insurance plan when fully regulated, after the unemployment insurance plan has to be handed back to the worker who votes to answer the results according to the number four issued. This is private.

For example, 6:

He was signed on January 15, 2013, the first day of his time in the time of his unemployment insurance plan An was on January 16, 2013. As such, the deadline for Mr. An's unemployment insurance scheme (15 working days since the date of the unemployment register) was on 5 February 2013.

The cases of labourers do not have to directly submit unemployment insurance:

-Sick, pregnant with a certificate of a district hospital or equivalent level.

-The accident has a confirmation paper of the District Hospital or the equivalent or the confirmation of the traffic police to the case of a traffic accident;

-Due to natural disasters, the confirmed translator of the Chairman of the People's Committee on the motion of the worker.

Cases not directly to the Center for the Introduction of the Job to file a file, the worker sends the prescribed file via a person or via the postal line (the case sent by the post office on the post of the post).

3. The unemployment insurance solution is prescribed at paragraph 2 Article 38 of the Digital Protocol. 127 /2008/ND-CP modified, supplemated to the implementation of the instructions as follows:

a) timeout:

During the 20-day period of work on the day of work, since the date of the adoption of the worker's unemployment insurance in accordance with the provisions of Article 2.

b) For the cases that are entitled to unemployment insurance:

-The unemployment allowance:

+ Director of the Center for Refereing Employment Liability, the time of unemployment benefits, the draft Decision on the Unemployment Benefits of each of the workers and the Director of the Department of Labor-Trade and Social Affairs signed. Oh,

+ The decision of the Director of the Department of Labor-Trade and Society sent a copy to the Provincial Social Insurance, the Central City of Central (later abbreviated as the Provincial Social Insurance) to implement unemployment benefits; a circulation at the Department of Labor-Trade. Soldiers and Socialists; a letter to the Center for the Introduction of the Job to Perform Counseling, introduce employment, and monitor the employment of the unemployed, identify the unemployed in the event of a halt or end or continue to benefit. unemployment; a direct pass at the Center for the Introduction of employment to the worker to perform. The decision to inherit the unemployment benefits Number five. This is an executive order.

For cases of a once-issued grant stipulated at paragraph 2 Article 23 of the Digital Protocol. 127 /2008/ND-CP The employer has a one-time grant from the six-issued order, accompanied by this message; the Director of the Center for the Introduction of the Responsible Job, to determine the level of the grant once, the draft decision on the one-time allowance. workers and the Director of the Labor Department-Trade and Social Affairs sign; the decision of the Director of the Department of Labor-Trade and Society sent a copy to the Provincial Social Insurance to make the payments once; a circulation at the Department of Labor-Business. Merchants and Socialists; a letter of the Center for the Introduction of the Job and a Manuscript of the workers to perform. The decision to grant an allowance is a 7-issue form accompanied by this message.

The order, the procedure of paying the unemployment allowance performed in the direction of the Vietnamese Social Insurance.

-Consulting, introduction of employment:

When registered unemployment, workers are responsible for recording the need for advice, introducing employment and apprentiing in the unemployment register. The Center for the Introduction of the Organizational Implementation, the introduction of free employment to the worker as soon as the worker comes to the unemployment register. Funding for consulting activities, introduction of employment to workers during the period of unemployment benefits made in accordance with the guidelines of the Ministry of Finance.

-Vocational Assistance:

+ The worker who is enjoying a career pension has a vocational need to make an offer to assist in vocational education. Number eight. This message is issued to the Center for the Introduction of the Job. Workers with a need for apprentifiing may apply for vocational assistance immediately after the unemployment register.

+ Director of the Centre for the Introduction of Occupational Identification, the degree of vocational assistance, apprentifiing time, vocational school, the draft Decision on Vocational Assistance to the beneficiary of the unemployment allowance and the Director of the Department of Labor Department-Trade Soldiers and Socialists decide. In the case, the worker offered to assist the apprentiship immediately after the unemployment register, when the time to calculate the settlement of the Director of Labor-Trade and Social Affairs was the first day the worker enjoyed unemployment benefits.

+ The decision of the Director of the Department of Labor-Trade and Society sent a copy to the Provincial Social Insurance to carry out the cost of teaching the profession to the vocational training facility; a circulation at the Department of Labor-Trade and Society; a letter to the Center for Introduction of Employment do to continue the practice of consulting, introducing jobs after apprentiing; a dispatch to the vocational training facility to perform vocational training for workers; a post-worker to perform.

The decision to provide vocational assistance was to follow the nine-issue form accompanied by this message.

The procedure, the procedure of paying the student assistance under the provisions of the Social Insurance of Vietnam.

c) After 2 days of working day since the date of the record in the payout, if the worker does not come to the decision to take the unemployment allowance or the decision to provide vocational assistance, it is considered without the need for unemployment or support. I learned to The Centre for the Introduction to the Director of the Director of Labor-Trade and Society, issued a decision on the cancellation of the unemployment allowance or decision on the cancellation of the decision to support the work of the labourers.

The decision on the cancellation of the unemployment allowance plan Number 22. , the decision on the cancellation of the worker ' s vocational assistance follows. Number 23. This is an executive order.

The decision on the cancellation of the unemployment pension plan, the decision on the cancellation of the decision to support apprentiship was sent a copy to the Provincial Social Insurance to halt the cost of unemployment or vocational assistance, a circulation at the Department of Labor. Commerce and Social Affairs, a letter of the Center for the Introduction of the employment and a dispatch of workers to know.

The time of closing the unemployment insurance of the workers in the event of the cancellation of the unemployment pension plan is joined by regulation at Article 21 Decree. 127 /2008/NĐ-CP.

d) For cases of workers who have received a decision to inherit unemployment but have not received unemployment subsidies without the need to receive unemployment benefits to bring the time to join the unemployment insurance under regulation at Article 21 of the United States. - 127 /2008/ND-CP The employer offered no unemployment support according to the 24-issue license. The Center for the Introduction to the Responsible Employment of the Decision for the Decline of the Decline of the Unemployment Allowance under the order of 22 issued by this message and the Director of the Department of Labor and Trade and Society, issued.

The decision on the cancellation of the unemployment allowance plan stated on sending a copy to the Provincial Social Insurance to halt the cost of the unemployment allowance, a circulation at the Department of Labor-Trade and Social Affairs, a letter of the Center for Employment Introduction and a Send a worker to know.

For cases that do not enjoy unemployment insurance regimes: The Center for the Introduction of the Job is to respond in writing and specify the reason according to the report. Number 10. This is an executive order. "

6. Modified, add Article 10 as follows:

" Article 10. Unemployment Insurance.

During the period of unemployment benefits, workers with the need to inherit the province, the other Central City, to continue to enjoy unemployment benefits, have to make a proposal for the unemployment allowance for the 11-issue model. It ' s accompanied by this announcement and the Introduction of the Center for the Unemployment Benefits. The Centre for Introduction to the employment of the worker who is enjoying the unemployment pension is responsible for introducing the unemployment pension to the employer ' s offer accompanying a copy of the unemployment allowance decision, the decision to support vocational education. (if any); the recording of the announcement of the search for employment, the decision to pause and continue to enjoy the unemployment allowance (if any) and written notice with the Provincial Social Insurance of the transfer of the worker's unemployment benefits.

In the 10-day period of work on the day of work since the day of the employer receiving the unemployment allowance, the worker had to submit the transfer recommendation and the papers outlined above to the Center for the Introduction of the Place. to the Center for the Introduction of the Provincial Social Insurance Proposal which continues to work on unemployment benefits (with a copy of the decision to inherit the unemployment allowance) and execute the regimes for the prescribed labourers. The introduction of the unemployment allowance is done according to the number 12 issued by this Information.

The cost of the unemployment allowance, the health insurance card level for the unemployed to the unemployment pension due to the Social Insurance of Vietnam. "

7. Modified, add 1 Article 11 as follows:

" 1. The monthly announcement of the search for employment by regulation at paragraph 2 Article 34 of the Digital Protocol 127 /2008/ND-CP modified, supplemated to the implementation of the instructions as follows:

Every month, during the unemployment allowance, workers must directly go to the Center for the Introduction of the Workplace Pension to inform about the search for employment, except for the following cases:

-The worker who is in the unemployment benefits of being sick, the maternity must have a certificate of a district hospital or equivalent level.

-The worker who is in an accident with an accident has to have a certificate of the District Hospital or the equivalent of or confirmation of the traffic police on the case of a traffic accident;

-For natural disasters, there must be a confirmation by the Chairman of the People's Committee on the recommendation of the worker who is enjoying the unemployment allowance.

Cases not directly to the Center for the Introduction of the Job, at least 3 days after the day of employment after the announcement of the procedure, the worker must submit the prescribed papers above the Introduction to the Introduced Center. It ' s a business that ' s going to be in unemployment, and the post-mail delivery is on the date of the post on the post.

The date of the announcement and confirmation of the employment Introduction Center is written in the Information about the search for employment. Number 25. This is an executive order. The information about the search for employment is sent to the worker when it comes to receiving the unemployment allowance.

When it comes to the announcement of the search for employment, the worker holds a decision on the terms of the unemployment allowance and the above information for the Centre to confirm the announcement of the worker's announcement. If the information is lost, the workers must recommend the introversion of employment to follow.

The announcement of the search for employment is done. Number 13. This is an executive order. "

8. Modified, Clause 1, Clause 2 and Clause 3 Articles 17 as follows:

" 1. Each year informs each of the workers of the workers ' unemployment insurance.

2. Make the closing and return of social insurance or the confirmation of the unemployment insurance for the slowest worker in five days of work on the day of work, since the date of receiving the request.

3. The organization pays monthly unemployment benefits, a one-day allowance for workers for a period of five days, according to the day of work, since the date of the decision of the decision of the Director of Labor Department-Trade and Social Affairs, the Central City of Central. In case, without doing the right amount of time or refusing to ask for the payment of unlawable unemployment insurance regimes, there must be a notification text for the Department of Labor-Trade and Society and the worker who knows, stated. It is clear that the twenty-six-time pattern is accompanied by this message.

Granting the health insurance card and addressing the health insurance benefits for the beneficiary of the unemployment insurance. "

9. Modified, add paragraph 4 and paragraph 7 Article 20 as follows:

" 4. The insurance profile is unemployed and provides information to workers about the closure of the unemployment insurance after 2 days of employment, since the day of the worker's request. "

" Seven. Announcement with the Local employment Introduction Center on the number of workers working at the time of May 1, 2013 in accordance with Number 27. It is accompanied by this message for the 30-day period from the time of the above. For units established after 15 April 2013, 30 days from the founding date of the establishment must be notified of the Center for Employment Employment in units according to the number 27 issued by this Information.

Prior to the 25th of the month the employer had to inform the local employment of the local employment introduction Centre on the unit of the unit (from the previous 20 months to the 20th date of the announcement month) according to the 28-issue issued. Come on.

In the case, the employer decreased from 50 or more workers must inform the Centre for local employment to advise, timely assistance in order to properly implement the law. "

10. Revel the issued template name attached to Digital Notice 32 /2010/TT-BLTBXH:

a) Repeal "pattern 11" and "sample 12";

b) Edit "sample 13" to "sample 11";

c) Edit "sample number 14" to model number 12 ";

d) Edit "sample 15" to "sample number 13";

"Model 16" to "model number 14".

e) Edit "sample 17" to "sample number 15";

f) Edit "sample 18" to "sample 16";

g) Edit "model 19" to "sample 17";

h) Edit "sample 20" to "sample 18";

i) Edit "sample 21" to "model 19";

"Model 22" to "sample 20".

What? 2. Effect of execution

1. This message has been in effect since April 15, 2013.

2. The worker lost his job or terminated the labor contract or contract to work before January 15, 2013, which by January 15, 2013 was still in the seven-day period of unemployment registration under regulation at Clause 1 Article 34 of the Digital Protocol. 127 /2008/ND-CP But not registered unemployment, it ' s made a unemployment register with the Center for the Introduction to the employment Center for the three-month period since the date of the loss of employment or termination of a labor contract or contract work.

3. instances of a time-based schedule at this level that the last day of the deadline is a holiday or a weekly holiday, the last day of the deadline is the adjoining day after the holidays.

In the course of execution if there is an entangrium, the offer reflects on the Ministry of Labor-Trade and Society for guidance, timely addition of ./.

KT. MINISTER.
Chief.

(signed)

Nguyen Thanh Hòn