The Decree 100/2012/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 127/2008/nd-Cp On December 12, 2008 The Government Detailing And Guiding The Implementation Of Some Articles Of The Law B. ..

Original Language Title: Nghị định 100/2012/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 127/2008/NĐ-CP ngày 12 tháng 12 năm 2008 của Chính phủ quy định chi tiết và hướng dẫn thi hành một số điều của Luật B...

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Number: 100 /2012/NĐ-CP
Hanoi, November 21, 2012


S Change, add a number of things. N Number one. 127 /2008/ND-CP December 12th

2008 - The government. specify the details and instructions to enforce certain

Your thing L Oh, B Social virtuost. All A


The Law base. I Government, December 25, 2001;

The Code of Code. L Move on June 23, 1994; Law. S Change, add certain things to the Code. L Move on April 02, 2002; Law. S Change, add certain things to the Code. L It was on June 29, 2006.

The Law base. B social delusion June 29, 2006;

At the suggestion of the Minister of Labour-Trade and Social Affairs ()

The government issued the revised decree, adding some of the provisions of the decree Stain. 127 /2008/ND-CP December 12, 2008 by Ch I'm The government rules. i and damage. Oh. Take some of the rules of the law. B The magic Okay. Society on unemployment insurance.

What? 1. Modified, add some of the provisions of the Digital Protocol 127 /2008/ND-CP December 12, 2008 of the Government rules the details and directions on a number of trips. Okay. The U's B The social delusion of unemployment insurance is as follows:

1. Modified, add d 1 Point 1 Article 2 as follows:

"d) Contract does not define the deadline."

2. Add Section 3 Article 2 as follows:

" 3. The labourers rest in the enjoyment of the maternity or illness from fourteen days of work back up to the month, not enjoying the wages, the monthly money at the unit that benefits the social insurance allowance; the worker adjourn the execution of the labor contract. Or the contract to work under the rule of law, this time the workers are not subject to unemployment insurance. "

3. Corrects 3 and add paragraph 7, paragraph 8 Article 8 as follows:

" 3. Preserve, use Social Insurance books during the unemployment period. "

" Seven. Taking notice of not being able to get unemployment benefits, the decision to enjoy unemployment benefits, the decision to inherit the grant once, the decision to support the apprentiship, the decision to pause the unemployment allowance, the decision to continue to enjoy the unemployment allowance, decision to end unemployment benefits in accordance with the guidelines of the Ministry of Labor and Social Affairs.

8. Practice the full provisions of the law on unemployment insurance and implement other regulations of the law. "

4. Modified, add Article 10 as follows:

" Article 10. The responsibility of the employer on unemployment insurance pursues Article 18 Law. B Social delusion

1. Identilocate the unemployment insurance and execution of the procedure, the self-involved insurance participant in accordance with the rule of law.

2. Notice with the labor agency when there is labor volatility working at the unit following the guidance of the Ministry of Labor-Trade and Social Affairs. For units of the armed forces, the Ministry of Labor-Trade and Social Affairs presided over, in coordination with the Ministry of Public Security and the Ministry of Defense.

3. Close the right unemployment insurance, enough and timely according to the rule of law.

4. Protect the unemployment insurance of the worker and of the employer during the time the labourers work at the unit.

5. Exposition documents, records, and provide relevant information at the request of the state authority to be competent upon examination, inspection of unemployment insurance.

6. Provide information for workers on the closing of a worker's unemployment insurance over a two-day period (calculated as a working day), since the day of the worker's request.

7. Provide the prescribed texts at paragraph 2 Article 37 This decree gives the worker to complete the unemployment insurance plan.

8. Make other responsibility according to the rule of law. "

5. Modified, add Article 15 as follows:

" Article 15. The terms of unemployment are unemployed under Article 81 of Laws. B Oh, my God. An

The unemployed are the person who is closing the unemployment insurance that lost jobs or terminated the labor contract or the contract to work on unemployment insurance when there is enough following:

1. Have closed unemployment insurance for twelve months or more during the twenty-four months before losing employment or termination of a labor contract or h ... I work on the rules of 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.

2. Have registered unemployment with the labor agency when lost employment or termination of a labor contract or work contract.

3. Not yet to find a job after fifteen days, since the date of registration with the labor agency pursuits to Clause 2 This Article. "

6. Modified, add paragraph 2, paragraph 3 Article 17 as follows:

" 2. The level of vocational support for the worker is in an unemployment allowance according to the degree of apprentifiing the profession of the profession, the degree of vocational assistance is calculated per month on the basis of the cost of the training of each profession. The level of specific vocational assistance pursues to the Prime Minister ' s regulation.

3. Time to be apprentifully assisted depends on the training time of the profession and each of the 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. "

7. Modified, add Article 34 as follows:

" Article 34. The registration of unemployment and notification of job search Oh. The labor agency.

1. In the three-month period, since the day of the loss of employment or termination of labor contracts or h A co-worker if a worker has not had a job that has a need for unemployment, the worker performs unemployment with the labor agency.

2. Every month, the person who is enjoying the unemployment allowance must directly come to the notice with the labor agency about finding jobs. "

8. Modified, add Article 37 as follows:

" Article 37. The Insurance Insurance pool is under Article 125 Law. B Social delusion is defined:

1. The proposed unemployment insurance policy was provided by the Ministry of Labor-Trade and Social Affairs.

2. Labor contract replicas, employment contracts were expired or the deal terminated labor contracts, work contracts or confirmation of the final unit before unemployment on unilateral termination of labor contracts, contract work in the direction of the contract, and the agreement. The Ministry of Labor and Social Affairs.

3. The worker when filing h Oh. The unemployment insurance plan must be presented with the Social Insurance Register or the Social Insurance Agency's confirmation of unemployment insurance. "

9. Modified, add Article 38 as follows:

" Article 38. The solution of unemployment insurance pursues to Article 126 Laws B Social delusion

1. In a 15-day period (counting on the day of work), since the date of the unemployment register, the worker must directly submit the unemployment insurance plan under the regulation at Article 37 of this decree to the labor agency where the worker register unemployment. Or the labor agency that ' s moving in to get unemployment insurance.

2. In the 20-day period (working on the working day), since the date of receiving enough of the The prescribed validity of Article 37 of this decree, the labor agency is responsible for receiving, reviewing, and solving unemployment insurance regimes; the unresolved case must be answered by writing and stating the reason.

3. For a 15-day period (as per the working day), since the date received offers to support the apprentiship of the unemployed, the labor agency has a responsibility to resolve; the unresolved case must be answered by writing and stating the reason.

4. During the 5-day period (as per the working day), since the date of receiving the decision to inherit the unemployment allowance of the labor agency, the Social Insurance agency does pay for monthly unemployment benefits or one-time allowance for workers. In case, the Social Insurance agency does not take the right to pay in accordance with the specified deadline or reject the requirement to pay the uncorrect unemployment insurance regime of law then the Social Insurance agency must have a notification text for the agency. labor and labourers know and specify why.

5. Employees who do not accept unemployment benefits, decide to assist in vocational education or do not want to receive unemployment benefits, and do so on the provisions of the Ministry of Labor-Trade and Social Affairs. "

What? 2. l He's responsible for the operation.

1. This decree has been in effect since 15 January 2013.

2. The ministers, peer-to-peer agency, Head of Government Office, Chairman of the Brew The central city of the Central Committee is responsible for the implementation of this decree. /.


Prime Minister


Dao Dung