THE GOVERNMENT
Decree No. 100/2012/ND-CP of November 21, 2012, amending and supplementing a number of articles of the Government’s Decree No. 127/2008/ND-CP of December 12, 2008, detailing and guiding a number of articles of the Social Insurance Law regarding unemployment insurance
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 23, 1994 Labor Code; the April 2, 2002 Law Amending and Supplementing a Number of Articles of the Labor Code; and the June 29, 2006 Law Amending and Supplementing a Number of Articles of the Labor Code;
Pursuant to the June 29, 2006 Social Insurance Law;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
The Government promulgates the Decree amending and supplementing a number of articles of the Government’s No. 127/2008/ND-CP of December 12, 2008, detailing and guiding a number of articles of the Social Insurance Law regarding unemployment insurance.
Article 1. To amend and supplement a number of articles of the Government’s No. 127/2008/ND-CP of December 12, 2008, detailing and guiding a number of articles of the Social Insurance Law regarding unemployment insurance, as follows:
1. To amend and supplement Point d, Clause 1, Article 2 as follows:
“d/ Working contracts of indefinite term.”
2. To add the following Clause 3 to Article 2:
“3. Employees on maternity leave or sick leave for 14 working days or more in a month who do not receive monthly salaries and pays from their employers but enjoy social insurance allowance; employees who suspend entry into labor or working contracts in accordance with law are not covered by unemployment insurance.”
3. To amend Clause 3 of, and add Clauses 7 and 8 to, Article 8 as follows:
“3. To keep and use social insurance books during the unemployment time.”
“7. To receive notices of ineligibility for unemployment allowance, decisions on eligibility for unemployment allowance; decisions on eligibility for one-off allowance; decisions on vocational training support, decisions on suspension of unemployment allowance, decisions on resumption of unemployment allowance and decisions on termination of unemployment allowance under the guidance of the Ministry of Labor, War Invalids and Social Affairs.
8. To fully comply with the provisions of the unemployment insurance law and other laws.”
4. To amend and supplement Article 10 as follows:
“Article 10. Unemployment insurance-related responsibilities of employers under Article 18 of the Social Insurance Law
1. To identify unemployment insurance participants and carry out the procedures and order for participating in unemployment insurance in accordance with law.
2. To report to labor agencies on any change in their employees under the guidance of the Ministry of Labor, War Invalids and Social Affairs. For units under the armed forces, the Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of National Defense in, guiding the implementation.
3. To fully, properly and promptly pay unemployment insurance premiums in accordance with law.
4. To preserve unemployment insurance dossiers of employees and employers during the time employees work for them.
5. To produce documents and dossiers and provide relevant information at the request of competent state agencies upon unemployment insurance examination or inspection.
6. To provide employees with information on payment of their unemployment insurance premiums within two working days after so requested by employees.
7. To provide documents under Clause 2, Article 37 of this Decree for employees to complete their dossiers for enjoyment of unemployment insurance.
8. To perform other responsibilities under law.”
5. To amend and supplement Article 15 as follows:
“Article 15. Conditions for enjoying unemployment insurance under Article 81 of the Social Insurance Law
An unemployed person who is currently paying unemployment insurance premiums but loses his/her job or terminates his/her labor or working contract may enjoy unemployment insurance when fully satisfying the following conditions:
1. Having paid unemployment insurance premiums for full 12 months or more within 24 months before losing his/her job or terminating a labor or working contract in accordance with law.
If the employee and employer have paid unemployment insurance premiums and the employee has performed the labor or working contract for at least 1 day in a month, this month will be counted as one month of unemployment insurance premium payment for the employee.
2. Having registered his/her unemployment with a labor agency when losing his/her job or terminating his/her labor or working contract.
3. Failing to find a job 15 days after the date of registering with a labor agency under Clause 2 of this Article.”
6. To amend and supplement Clauses 2 and 3, Article 17 as follows:
“2. The level of vocational training support for employees on unemployment allowance depends on the cost of vocational training for each occupation and is calculated by month on the basis of the training cost for each occupation. Specific levels of vocational training support comply with the Prime Minister’s regulations.
3. The duration of vocational training support depends on the time of training for each occupation and employee, but does not exceed 6 months. The starting time for receiving vocational training support is counted from the date an employee receives monthly unemployment allowance.”
7. To amend and supplement Article 34 as follows:
“Article 34. Unemployment registration with and job seeking notification to labor agencies
1. An unemployed person who wishes to enjoy unemployment allowance shall make unemployment registration with a labor agency within 3 months after losing his/her job or terminating his/her labor or working contract.
2. While on unemployment allowance, an unemployed person shall monthly notify a labor agency of his/her job seeking.”
8. To amend and supplement Article 37 as follows:
“Article 37. A dossier for enjoyment of unemployment insurance under Article 125 of the Social Insurance Law comprises:
1. An application for enjoyment of unemployment insurance, made according to a form provided by the Ministry of Labor, War Invalids and Social Affairs.
2. A copy of the expired labor or working contract or the agreement on termination of the labor or working contract or the last employer’s certification of the unilateral termination of the labor or working contract under the guidance of the Ministry of Labor, War Invalids and Social Affairs.
3. When submitting a dossier for enjoyment of unemployment insurance, a person shall produce his/her social insurance book or a social insurance agency’s written certification of unemployment insurance payment.”
9. To amend and supplement Article 38 as follows:
“Article 38. Settlement of enjoyment of unemployment insurance under Article 126 of the Social Insurance Law
1. Within 15 working days after registering their unemployment, unemployed persons shall directly submit dossiers for enjoyment of unemployment insurance under Article 37 of this Decree to labor agencies with which they have registered their unemployment or labor agencies of localities to which they move for receiving unemployment insurance.
2. Within 20 working days after receiving a complete dossier under Article 37 of this Decree, a labor agency shall receive, consider and settle unemployment insurance enjoyment regimes. In case of refusal, it shall issue a written reply clearly stating the reason.
3. Within 15 working days after receiving an unemployed person’s request for vocational training support, a labor agency shall settle this request. In case of refusal, it shall issue a written reply clearly stating the reason.
4. Within 5 working days after receiving a labor agency’s decision on eligibility for unemployment allowance, the social insurance agency shall pay monthly or one-off unemployment allowance to the eligible unemployed person. If the social insurance agency cannot make timely payment as prescribed or refuses an unlawful request for payment of unemployment insurance indemnities, it shall issue a notice clearly stating the reason to the labor agency and the unemployed.
5. For employees who do not receive decisions on their eligibility for unemployment allowance or decisions on vocational training support or do not wish to receive unemployment allowance, to comply with the Ministry of Labor, War Invalids and Social Affairs’s regulations.”
Article 2. Effect and implementation responsibility
1. This Decree takes effect on January 15, 2013.
2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.
On behalf of the Government
Prime Minister
NGUYEN TAN DUNG
Vietnamese
Decree 100/2012/NĐ-CP DOC (Word)
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