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MEKONG COUNSEL

Circular amending, supplementing a number of articles guiding the implementation of the Law on Social Insurance on unemployment insurance

On March 1, 2013, the Ministry of Labor, War Invalids and Social Affairs issued Circular No. 04/2013/TT-BLDTBXH amending, supplementing a number of articles of Circular No. 32/2010/TT-BLDTBXH dated October 25, 2010 guiding the implementation of a number of articles of Decree No. 127/2008/ND-CP dated December 12, 2008 of the Government detailing and guiding the implementation of the Law on Social Insurance on unemployment insurance. Accordingly, some amendments, supplements shall be as follows:

 

- Cases where unemployment allowance shall be terminated shall be detailed, including the case where the laborer dies. In such cases, within 3 working days the laborer must send a notice (under a set form) to the Job Center where the laborer is enjoying unemployment allowance together with related documents (a copy). The laborer shall still receive the unemployment allowance for the month his/her unemployment allowance is terminated.

 

- In case the laborer on unemployment allowance registers his/her need for vocational training when registering unemployment (under a set form) and receives approval, he/she shall pay the excessive amount in case the cost of such training exceeds that of the vocational training being supported. The support duration depends on each job's training period but must not exceed 6 months, starting from the date when the laborer receives unemployment allowance.

 

- The laborer must register unemployment with the Job Center where he/she has worked within 3 months after losing his/her job or terminating a labor or working contract. After this period, the laborer may request for certification of non-registration of unemployment (under a set form) for certification of non-registration of unemployment. Late registration of unemployment shall be applied to such cases as being ill or pregnant (as certified by competent hospital); having an accident (as certified by traffice police); suffering from a natural disaster or pandemic (as certified by the chairperson of the communal People's Committee at the laborer's request).

 

- When submitting the dossiers for unemployment allowance, the social insurance book with certification of the social insurance agency or the certification of the social insurance agency on unemployment insurance payment. The laborer must submit the dossiers in person within 15 days after the date of registering unemployment, except cases where the laborer is ill or pregnant, having an accident, or suffering from a natural disaster or pandemic as regulated. In such as case, the laborer may ask somebody for submission or send by post.

 

- After 02 working days from the date written in dossiers receipt, if the laborer does not receives the decision on unemployment allowance or the decision on vocational training support, he/she shall be deemed as no more in need. Then, such decisions shall be cancelled as regulated. In such a case, unemployment insurance payment period of the laborer shall be accumulated.

 

This Circular shall be effective from April 15, 2013.

 

Remarks: File(s) attached.