DECREE

ELABORATING ON IMPLEMENTATION OF SEVERAL ARTICLES REGARDING UNEMPLOYMENT INSURANCE OF LAW ON EMPLOYMENT

 The Government’s Decree No. 28/2015/ND-CP dated March 12, 2015, elaborating on certain articles regarding unemployment insurance in the Employment Law, in effect from May 1, 2015, shall be amended and supplemented by:

The Government's Decree No. 61/2020/ND-CP dated May 29, 2020, amending and supplementing a number of articles of the Government's Decree No. 28/2015/ND-CP dated March 12, 2015, providing specific regulations on implementation of a number of articles of unemployment insurance in the Law on Employment, in effect as from July 15, 2020.

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Employment dated November 16, 2013;

At the request of the Minister of Labor, War Invalids and Social Affairs

The Government promulgates the Decree detailing the implementation OF a number of articles of the Law on employment on unemployment insuranceGENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details the implementation of a number of articles  of the Law on employment on support for training, retraining to improve occupational skill qualification for job  maintenance for employees; unemployment insurance  fund ; unemployment insurance organizations; rights and responsibilities of agencies, units, organizations and individuals involved in implementing unemployment insurance policy

Article 2. Regulated entities   

1. Employees, employers obliged to participate in unemployment insurance under the provisions of Article 43 of the Law on Employment.

2. Employees who are enterprise managers, cooperative managers receiving wages and participating in compulsory social insurance under the provisions of the legislation on social insurance

3. Social insurance organizations, Services of Labour, War Invalids and Social Affairs in central-affiliated cities and provinces (hereinafter referred to as the Services of Labour, War Invalids and Social Affairs), employment service centers established by State management agencies on employment and assigned tasks as prescribed in paragraph 2 of Article 38 of the Law on Employment (hereinafter referred to as employment service centers).

4. Agencies, organizations, and individuals involved in unemployment insurance under the provisions of the Law on Employment

Chapter II

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Article 3. Conditions for support

1. Employers may receive financial support for training and retraining to improve occupational skills qualifications for job maintenance for employees defined in Clause 1, Article 47 of the Law on Employment if they meet the following conditions:

1. Having fully paid unemployment insurance premiums under the provisions of paragraph 2 of Article 44 of the Law on Employment for at least full 12 consecutive months by the time of request for support for training and retraining to improve occupational skills qualifications for job maintenance for the workers if the employers have paid the unemployment insurance premiums for that month.

2Chapter III

UNEMPLOYMENT INSURANCE FUND

Article 5. Sources of Unemployment Insurance Fund

1. Contributions and support as defined in Paragraph 1, Article 57 of the Law on Employment.

2. Profits from the unemployment insurance Fund’s investment activities;

3. Other lawful revenues, including:

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b) Other lawful revenues as prescribed by law.

Article 6. Payment method and source of unemployment insurance premiums from employers

1. Every month, employers shall pay unemployment insurance premiums under the provisions of Point b, Clause 1, Article 57 of the Law on Employment and deduct salary of each employee at the rate specified in clause 1 of Article 57 of the Law on Employment to pay at the same time to the unemployment insurance fund

2. Payment sources of unemployment insurance premium at the rate stipulated in Point b, Clause 1, Article 57 of the Law on Employment of the employer shall be as follows:

a) If employers being agencies, units, organizations are covered all expenses of regular activities by the state budget, the state budget shall cover full unemployment insurance premiums and be arranged in estimates of annual recurrent expenditure of agencies, units and organizations under the provisions of the legislation on decentralization of the state budget.

b) If employers being agencies, units, organizations are covered a part of expenses of regular activities by the state budget, the state budget shall cover full unemployment insurance premiums for persons receiving salary from the State budget and be arranged in estimates of annual recurrent expenditure of agencies, units and organizations under the provisions of the legislation on decentralization of the state budget. Employers shall self-pay the remaining unemployment insurance premium under the provisions of c and d of this paragraph.

c) If employers being enterprises, units and organizations have production, sales and service, the unemployment insurance premiums shall be accounted for in the cost of production, business and services in the period.

d) If employers are agencies, units and other organizations, the unemployment insurance premiums shall be included in operations funds of agencies, units and organizations in accordance with law.

Article 7. Support from the state budget

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2. Transfer method of supportive budget from the State budget to unemployment insurance Fund:

a) In the fourth quarter of each year, Vietnam Social Insurance shall base on estimates of revenues and expenditures for unemployment insurance assigned in year by competent authorities in order to determine the funding for unemployment insurance fund in the previous year according to the provisions of paragraph 1 of this Article, and report to the Ministry of Finance to transfer once to the unemployment insurance fund;

b) Within 10 working days from receipt of the statement of revenues and expenditures for unemployment insurance of the previous year of the Vietnam Social Insurance approved by management board of Vietnam Social Insurance, The Ministry of Finance shall verify and determine the supportive funding for unemployment insurance of the previous year. If the funding of the Ministry of Finance allocated under the provisions of point a, this paragraph is larger than the support funding as defined in Paragraph 1 of this Article, Vietnam Social Insurance shall pay to the state budget the difference; if the allocated fund is smaller than the support fund, the Ministry of Finance shall report to competent authorities for approval of the additional support level for the next year.

3. Supportive budget source for Unemployment Insurance Fund under the provisions of this Article covered by the central budget from social security expenditure source decided by the National Assembly.

Article 8. Administrative expense of unemployment insurance

1. Content and administrative expense level of unemployment insurance shall comply with the provisions of the Law on Social Insurance and the provisions of the legislation on financial management for the Vietnam Social Insurance.

2. Annual administrative expense of unemployment insurance shall be allocated and estimated as follows:

a) Vietnam social insurance shall fulfilled tasks of collection and expenditure, management and use of the unemployment insurance fund;

b) The Ministry of Labor, War Invalids and Social Affairs shall receive application for unemployment benefits, settle the unemployment insurance benefits and the tasks related to unemployment insurance;

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3Article 9. Investment from unemployment insurance Fund 

1. Vietnam social insurance shall be responsible for implementing measures to preserve and increase the unemployment insurance fund from the temporarily idle amount. Investment from the unemployment insurance fund must ensure safety, efficiency and be recoverable when needed.

2. Management board of Vietnam social insurance shall decide the investment under the forms specified in paragraph 2 of Article 59 of the Law on Employment.

3. Profits from investments, growth of unemployment insurance fund each year shall be added to the unemployment insurance fund.

Article 10. Financial plans, management, use and settlement

1. Each year, the specified time for establishing state budget estimates, agencies and organizations involved shall make plan for revenues and expenditures for unemployment insurance and the administrative expense for unemployment insurance and submit to Vietnam Social Insurance as follows:

a) Social insurance in central-affiliated cities and provinces shall make plan for revenues and expenditures for unemployment insurance and administrative expense for unemployment insurance;

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c) The Ministry of Labor, War Invalids and Social Affairs shall make plan for administrative expense of unemployment insurance for units in Labor, War Invalids and Social Affairs sector - Invalids assigned tasks of unemployment insurance.

2Chapter IV

IMPLEMENTATION ORGANIZATIONS OF UNEMPLOYMENT INSURANCE

Section 1. UNEMPLOYMENT INSURANCE PARTICIPATION AND PREMIUM PAYMENT

Article 11. Unemployment insurance participation

1. Application for unemployment insurance shall be application for compulsory social insurance, including the specific content of unemployment insurance participation.

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If employees have concluded a labor contract under seasonal work or under a certain job from 03 full months to less than 12 full months before January 01, 2015 and 01 are carrying out such labor contract, employers must pay unemployment insurance for such employees in case the contract term is in at least 03 months.

If employees conclude many labor contracts as defined in Paragraph 1, Article 43 of the Law on Employment and are participating in unemployment insurance under the first effective concluded labor contract, upon termination or change of contract workers resulting ineligibility for unemployment insurance of the employees, the employees and the employers under unemployment insurance participation of the next effective concluded labor contracts shall be responsible for participation in unemployment insurance as prescribed by law.

If employees take the unpaid maternity leave or sick leave for 14 working days or more, receiving social insurance allowance, employees postpone labor contract or working contract concluded in accordance with the law, such employees are not eligible for unemployment insurance during this period.

Article 12. Unemployment insurance premium payment

1. The payment time of unemployment insurance premium of employers and employees shall be the payment time of compulsory social insurance.

2Article 13. Record of payment of unemployment insurance premium, receipt of unemployment insurance allowance

1. Records of payment of unemployment insurance premium, receipt of unemployment insurance allowance of employees under the provisions of this Decree shall be social insurance books.

2. Vietnam social insurance shall issue the form of social insurance books.

Section 2. JOB CONSULTANCY, PLACEMENT

Article 14. Job consultancy, placement

1. Employees under the provisions in Clause 1, Article 43 of the Law on Employment who are participating in unemployment insurance but their labor contracts or working contract is terminated shall be counseled and place job for free through employment service center.

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3Article 15. Job consultancy, placement

1. Employees shall record all information in job consultancy and placement sheet in the form defined by the Minister of Labor, War Invalids and Social Affairs and submit directly to the employment service center.

2. Employment service center shall consult, place jobs on the basis of demand, ability of employees and needs of the labor market.

3. Employment service center shall arrange staff and facilities to consult and place jobs.

Section 3. UNEMPLOYMENT BENEFIT

Article 16. Application for unemployment benefit

1. A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.

2Article 17. Submission of application for unemployment benefit

1. Within 03 months from the date of termination of labor contract or working contract, employees who have no jobs and need unemployment benefit shall directly submit 01 application for unemployment benefits in accordance with the provisions of Article 16 of this Decree to employment service center in the locality where employees want to receive unemployment benefits.

2. Employees are entitled to authorize another person to submit the application by post in one of the following cases:

a) Sickness,  Maternity certified by competent medical facility;

b) Accident certified by traffic policemen or competent medical facilities;

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Submission date of application for unemployment benefits in the above cases shall be the date the authorized person directly submit the application or the date of the postmark in case of submission by post.

3. Employment service centers shall receive, inspect the applications, record the appointment paper of reply in the form defined by the Minister of Labor, War Invalids and Social Affairs and give it directly to the applicants application or sent by post to the applicants submitting the application by post; if the applications are not in accordance with the provisions of Article 16 of this Decree, employment service centers shall return to the applicants and state clearly the reason.

4Article 18. Settlement of unemployment benefits

1. Employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on unemployment benefits of employees within 20 working days from receipt of a satisfactory application in accordance with regulations, if the application is submitted by post, the date of receipt shall be the date stamped on the postmark.

If employees have not found jobs within 15 working days from the date of submission of application for unemployment benefits decided on unemployment benefit by the Director of the Services of Labour, War Invalids and Social Affairs, the employment service centers shall certify the settlement of unemployment benefits of employees in the social insurance boos and return to the employees along with the decision of unemployment benefits after snapping the social insurance books for records.

The time of unemployment benefits of employees shall be calculated from the 16th working day from the date of submission of the application for unemployment benefits.

Decision on unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance in central-affiliated cities and provinces (hereinafter referred to as provincial social Insurance) to pay unemployment benefits and grant health insurance cards for employees; 01shall be sent to employees who are entitled to unemployment benefits. Decision on unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.

If employees are not entitled to unemployment benefits, the employment service center must notify in writing and clearly state the reasons.

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a) Social insurance organization shall pay unemployment benefit for the first month of the employees within 05 working days from receipt of the decision of unemployment benefits;

b) Social insurance organizations shall pay unemployment benefit for the employees from the second unemployment benefit month onwards within 05 working days from the 07th day of the month of unemployment benefit if they do not receive a decision of suspension or termination of unemployment benefit for the employees. If the above 07th day is a holiday, the payment deadline of unemployment benefits shall be the next working day.

3Article 19. Temporary suspension of unemployment benefits

1. Employees who are unemployment benefits must notify about finding employment under the provisions of Article 52 of the Law on Employment.

2. Within 02 working days from the date the employees do not notify about finding employment monthly as prescribed, employment service center where the employees are receiving unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the temporary suspension of unemployment benefits of the  employees.

Decision on temporary suspension of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to temporarily suspend the unemployment benefits for employees ; 01shall be sent to employees. Decision on temporary suspension of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.

Article 20. Continuation of unemployment benefits

1. If employees temporarily suspended unemployment benefits under the provisions of Paragraph 1 of Article 53 of the Law on Employment are still in time of unemployment benefits in accordance with the decision of the Director of the Services of Labour, War Invalids and Social Affairs but continue to make notification  about finding jobs every month as prescribed, within 02 working days from the date the employees notify about finding employment, employment service center shall request to the Director of the Services of Labour, War Invalids and Social Affairs for decision on the continuation of unemployment benefits for the employees

Decision on continuation of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to continue to pay unemployment benefits for employees ; 01shall be sent to employees. Decision on continuation of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.

2. In the suspension period of unemployment benefits, the employees are not entitled to unemployment benefits.

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1. The cases employees who are entitled to unemployment benefits are terminated their unemployment benefits shall be defined as follows:

a) The duration of unemployment benefits is expired in accordance with the decision of unemployment benefits to employees;

b) Article 22. Transfer of unemployment benefits

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2. Within 03 working days from receipt of the request of the employees, the employment service centers shall provide the transfer application of unemployment benefits for the employees and submit the letter of introduction of transfer of unemployment benefits to the employment service center to which the employees transfer in the form prescribed by the Minister of Labor, War Invalids and Social Affairs. Transfer application of unemployment benefits shall include:

a) A written form of transfer unemployment benefit of the employees;

b) A letter of introduction of transfer of unemployment benefit;

c) A snapshot of the decision on unemployment benefits;

d) A snapshot of the decision on vocational training support, decision on temporary suspension of unemployment benefits, decision on continuation of unemployment benefits (if any);

dd) A snapshot of the notice of finding monthly job (if any), and other papers in application for unemployment benefits.

3Article 23. Entitlement to health insurance benefitsSection 4. VOCATIONAL TRAINING SUPPORT

Article 24. Application for vocational training supportArticle 25. Settlement of vocational training supportSection 5. SUPPORT OF TRAINING, RETRAINING TO IMPROVE OCCUPATIONAL SKILL QUALIFICATION FOR JOB MAINTENANCE FOR EMPLOYEES

Article 26. Application for support

1. A written request for funding for training, retraining to improve occupational skill qualification for job maintenance for employees shall include the following basic content: Lines or fields of manufacturing, business; production and trading; number of employees at the time of requesting for support; difficulties, causes of structural changes or technology of manufacturing, business; risk of reduction of the number of employees; funding needs for training, retraining to improve occupational skill qualification for employees ; organizational commitment of training, retraining to improve occupational skill qualification and use employees in accordance with the approved plans.

2. A project of change of the structure or production, business technologies approved by the competent authorities.

3. A plan for training and retraining to improve occupational skills qualifications for job maintenance as specified in paragraph 4 of Article 3 of this Decree.

4. Proofs of insufficiency of funds to organize support of training, retraining to improve occupational skill qualification for employees under the provisions of paragraph 3 of Article 3 of this Decree.

5. A written confirmation of the social insurance institutions where the employers pay unemployment insurance premiums for employees under the provisions of clause 1 of Article 3 of this Decree.

The Minister of Labour – War Invalids and Social Affairs shall provide guidance on clause 1 and 3 of this Article.

Article 27. Settlement of funding for training, retraining to improve occupational skill qualification for job maintenance for employees 

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2. Within 30 days of receipt of a satisfactory application of the employers under the regulations, the services of labour, war invalids and social affairs shall verify and approve the plan for training and retraining to improve occupational skills qualifications for job maintenance; take charge and cooperate with the service of finance and related units, agencies to verify the application for support for support of training, retraining to improve occupational skill qualification as prescribed in article 3 of this decree and request the president of the people’s committee in central-affiliated cities and provinces (hereinafter referred to as the presidents of the provincial people’s committees) for consideration and decision on support funding for training, retraining to improve occupational skill qualification for job maintenance for employees.

If the Services of Labour, War Invalids and Social Affairs do not support funding, they must make a reply in writing and clearly state the reasons for the employers.

Decisions on support funding for training, retraining to improve occupational skill qualification for job maintenance for employees shall be sent by the Services of Labour, War Invalids and Social Affairs as follows : 01 shall be sent to the social insurance at the provincial level to pay supportive budget; 01 shall be sent to the Ministry of Labor, War Invalids and Social Affairs to report; 01 service centers to work; 01 shall be sent to the employers to implement and 01shall be sent to vocational training institutions for employees in case the employers do not directly train. Decisions on support funding for support of training, retraining to improve occupational skill qualification for job maintenance for employees shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.

3. Social insurance organization shall advance 50% of the supportive budget for support of training, retraining to improve occupational skill qualification for job maintenance for employees in accordance with the decision of the presidents of the provincial people’s committees within 05 working days from receipt of the decision of the presidents of the provincial people’s committees  and make settlement as prescribed on the actual basis of implementation of the plan for training, retraining to improve occupational skill qualification.

Article 28. Implementation of support of training, retraining to improve occupational skill qualification for job maintenance for employees

1. Employers shall organize training or cooperate with vocational training institutions, employment service centers to organize training, retraining to improve occupational skill qualification for employees under the decision on support of Presidents of the provincial People’s Committees and ensure job maintenance for employees.

2. Employers shall conduct or cooperate with vocational training institutions to conduct training, retraining to improve occupational skill qualification for job maintenance for employees under the approved plan.

3. Services of Labour, War Invalids and Social Affairs shall monitor the implementation of support of training, retraining to improve occupational skill qualification for job maintenance for employees under the decision on support of Presidents of the provincial People’s Committees.

Chapter V

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Article 29. Rights of employees

1. Receive social insurance book fully certified on unemployment insurance premium payment upon termination of the labor contract or working contract.

2. Be entitled to unemployment insurance under the provisions of Article 42 of the Law on Employment.

3. Authorize another person to submit the application for unemployment benefits under the provisions of paragraph 2 of Article 17, receive the decision on receipt of unemployment benefits under the provisions of paragraph 3 of Article 18 of this Decree.

4. Request the employer to provide information about unemployment insurance premium payment; request the employment service center, social insurance institutions to provide information relating to unemployment insurance.

5. Complain, denounce unemployment insurance as prescribed by law.

6. Other rights prescribed by law.

Article 30. Obligations of employees

1. Pay unemployment insurance premium fully and correctly in accordance with the provisions of Point a, Clause 1, Article 57 of the Law on Employment.

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3. Store, use social insurance books, health insurance cards as prescribed

4. Employees who concluding many labor contracts upon termination of labor contracts which they are participating in unemployment insurance must notify the next employers to continue to participate in unemployment insurance as prescribed.

5. Submit application for unemployment benefits, vocational training support as specified in the employment service center when needed.

6. Notify monthly the employment service center on finding a job while receiving unemployment benefits in accordance with regulations.

7. Get a job or participate in appropriate vocational courses when the employment service centers introduce during period of unemployment benefits.

8. Immediately notify the employment service center where the application for unemployment benefit is submitted within 15 working days from the date of submitting the application for unemployment benefits if they find jobs.

9. Get notice about not being entitled to unemployment benefits or not being supported for vocational training, the decision on unemployment benefits, the decision on the cancellation of the decision on unemployment benefits, decisions on support for vocational training, decision on temporary suspension of unemployment benefits, decide on the continuation of unemployment benefits, decide on the termination of unemployment benefits, decision on reserving the period of the unemployment insurance premium payment as prescribed.

10. Notify in accordance with the employment service center in cases of termination of unemployment benefits under the provisions of the points b, c, d, g, h, k and n Paragraph 1 of Article 21 of this Decree.

11Article 31. Rights of employers

1. Support funding for training, retraining to improve occupational skill qualification for job maintenance for employees as prescribed.

2. Refuse requests which are not prescribed by legislation on unemployment insurance.

3. Complain, denounce unemployment insurance as prescribed by law.

4. Other rights prescribed by law.

Article 32. Responsibilities of employers

1. Take charge and cooperate with Trade Union organizations to inform, propagate, and disseminate policies and legislation on unemployment insurance.

2. Determine participants of unemployment insurance, carry out the procedures for participation in unemployment insurance, payment of unemployment insurance premiums correctly, fully and promptly as prescribed by law.

3. Preserve application for participation of unemployment insurance of employees during the working time in the unit of the employees. Present the documents, records and provide relevant information as required by the competent State agencies upon inspection of unemployment insurance.

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5. Provide a copy of the labor contract or working contract or certification of the unilateral termination of the labor contract or working contract for employees at the latest within 02 working days from the date of the employee terminates the labor contracts or working contract. Carry put procedures for certification of unemployment insurance premium payment for the employee for him/her to complete the application for unemployment insurance as prescribed.

6. Notify the employment service center at its head office of the employers when there is a change of employees in the unit under the guidance of the Minister of Labour – War Invalids and Social Affairs. Units under the armed forces, Minister of Labour – War Invalids and Social Affairs shall take charge and cooperate with the Minister of National Defense and the Minister of Public Security for implementation guidance.

7. Report to the Services of Labour, War Invalids and Social Affairs on the situation of participation in unemployment insurance in the previous year before January 15 annually.

8. Commence training, retraining to improve occupational skill qualification for job maintenance for employees in accordance with the plan approved by competent agencies.

9. Use the employees who have been trained, retrained to improve occupational skill qualification according to the approved plans and report the results to the Services of Labour, War Invalids and Social Affairs within 30 days from the end of the training course.

10. Fulfill other responsibilities as prescribed by law.

Article 33. Rights of employment service centers

1. Refuse requests for unemployment insurance benefits which are not prescribed by legislation

2. Petition to competent State agencies for formulation, rectification, modification of regulations, policies, legislation on unemployment insurance and management of the unemployment insurance fund.

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4. Other rights prescribed by law.

Article 34. Responsibilities of employment service centers

1. Inform, propagate policies and legislation on unemployment insurance.

2. Receive application for unemployment benefits and application for support for vocational training, consider and carry out procedures for settlement of unemployment benefits, support for vocational training under the provisions of law.

3. Organize job consultancy, placement and vocational training to employees in accordance with law.

3aArticle 35. Rights of social insurance institutions

1. Inspect payment of unemployment insurance premium, receipt of unemployment insurance benefits for employees and employers.

2. Refuse requests for payment of unemployment insurance benefits which are not prescribed by legislation

3. Petition to the competent agencies for formulation, rectification, modification of regulations, policies and legislation on unemployment insurance; management and use of the unemployment insurance fund; handle violations of the law on unemployment insurance or petition to competent state agencies to handle violations of the law on unemployment insurance as prescribed by law.

4. Other rights prescribed by law.

Article 36. Responsibilities of social insurance institutions

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2. Propagate regulations, policies, legislation on unemployment insurance; guide procedures for registration of participation and collect unemployment insurance premium for employees, employers under participation in unemployment insurance.

3. Collect unemployment insurance premium

4. Provide information on participation and payment of unemployment insurance premium of employees for employment service centers in administrative division, except for social insurance of the Ministry of National Defense and social insurance of Public Security.

5. Pay unemployment benefits, support for vocational training, support of training, retraining to improve occupational skill qualification for job maintenance for employees.

6Article 37. Rights of the Services of Labour, War Invalids and Social Affairs.

1. Issue decisions on enjoyment of unemployment benefits, decision of support for vocational training, the decision on the cancellation of unemployment benefits, decide on the continuation of unemployment benefits, decide on the termination of unemployment benefits, decision on cancellation of decision on unemployment benefit, decision on reserving the period of the unemployment insurance premium payment as prescribed.

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3. Monitor and inspect the implementation of the legislation on unemployment insurance.

4. Settle complaints, denunciation on unemployment insurance as prescribed by law.

5. Petition to competent State agencies for formulation, rectification, modification of regulations, policies, legislation on unemployment insurance.

6. Petition to competent State agencies for handling of violations of the law on unemployment insurance.

7. Other rights prescribed by law.

Article 38. Responsibilities of the Services of Labour, War Invalids and Social Affairs.

1. Take charge and cooperate with related agencies to inform, propagate policies and legislation on unemployment insurance.

2. Settle complaints, denunciation of organizations, individuals implementing regulations on unemployment insurance as prescribed by law.

2aChapter VI

IMPLEMENTATION PROVISIONS

Article 39. Grandfather provisions

1. The period that employees have paid unemployment insurance premium under the provisions of the Law on Social Insurance before the Law on Employment take effects but have not enjoyed unemployment benefits shall be the period of payment of unemployment insurance premium as specified in Article 45 of the Law on Employment.

2. The period that employers pay unemployment insurance premium for employees shall be counted to exempt from payment of redundancy pay or severance pay under the provisions of legislation on labor, officers.

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4. Employees who have submitted the application for unemployment benefit before January 01 , 2015 shall comply with the provisions of the Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance; the Government's Decree No. 100/2012 / ND-CP dated November 21, 2012 amending and supplementing a number of articles of the Government's Decree No. 127/2008 / ND-CP dated December 12, 2008 providing instructions on the implementation of a number of articles of Law on Social insurance on unemployment insurance.

Article 40. Implementation

1. The Minister of Labor, War Invalids and Social Affairs shall provide guidance and commence the implementation of this Decree.

2. The Minister of Finance shall be responsible for covering supportive budget for unemployment insurance Fund in accordance with the provisions of Article 7 of this Decree.

3. The Minister of National Defense, the Minister of Public Security shall base on their functions and duties to guide and organize the implementation of this Decree.

4. Ministries and other relevant sectoral administrations shall, within their functions, duty and powers, have responsibilities for implementing this Decree.

Article 41. Entry into forceArticle 42. Implementation responsibilities

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