Chương V Nghị định 28/2015/NĐ-CP: Quyền, trách nhiệm của người lao động, người sử dụng lao động, trung tâm dịch vụ việc làm, sở lao động - thương binh và xã hội, tổ chức bảo hiểm xã hội

Chapter V

RIGHTS AND RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS, EMPLOYMENT SERVICE CENTER, SERVICES OF LABOUR, WAR INVALIDS AND SOCIAL AFFAIRS, SOCIAL INSURANCE ORGANIZATIONS

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 about 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.

2. Implement the regulations on participation in unemployment insurance.

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.

11. Return the health insurance card for the social insurance organization in cases of termination of unemployment benefits under the provisions of the points b, c, d, e, f, g, h, i, l and n Paragraph 1 of Article 21 of this Decree and in the case of transfer of the unemployment benefits under the provisions of Article 22 of this Decree.

12. Implement fully the provisions of the legislation on unemployment insurance and other provisions of the relevant legislation.

Article 31. Rights of employers

1. Support funding for training courses, refresher courses for improvement of occupational skills 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, propagate 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.

4. Provide information on unemployment insurance payment within 02 working days from the date the employee requests.

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, Ward Invalids and Social Affairs on the situation of participation in unemployment insurance in the previous year before January 15 annually.

8. Commence training courses, refresher courses for improvement of occupational skills for job maintenance for employees in accordance with the plan approved by competent agencies.

9. Use the employees who have been attended training course, refresher courses d for improvement of occupational skills 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.

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

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.

4. Inspect, track and update information of employees related to unemployment insurance benefits.

5. Implement regulations on monthly, quarterly, annual and extraordinary reports to the Ministry of Labour – War Invalids and the Services of Labour, War Invalids and Social Affairs on unemployment insurance under the provisions of law.

6. Provide documents and information relating to unemployment insurance as required by the employees and Trade Union organizations and competent agencies in accordance with law.

7. Store and preserve of dossiers for enjoyment of unemployment insurance indemnities as prescribed by law.

8. Train, retrain to improve occupational skill qualification and application of information technology in the management of unemployment insurance and settlement of enjoyment of unemployment insurance benefits for employments as prescribed.

9. Participate in international cooperation in unemployment insurance

10. Fulfill other responsibilities as prescribed by law.

Article 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

1. Notify annually to each employee of information on payment of unemployment premium of employees.

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 courses, refresher courses for improvement of occupational skills for job maintenance for employees.

6. Stop paying unemployment benefits, support for vocational training, support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees and revoke the health insurance cards for persons receiving unemployment benefits when there is a decision of the competent authority.

7. Issue health insurance cards and pay health insurance premiums for persons receiving unemployment benefits in accordance with the law.

8. Manage and use the unemployment insurance funds in accordance with law.

Implement measures to preserve and increase the unemployment insurance fund as prescribed by law.

10. Transfer funds for unemployment insurance management to the Ministry of Labour – War Invalids and Social Affairs as prescribed.

11. Fulfill tasks of statistics, accounting for unemployment insurance.

12. Apply information technology in the management of unemployment insurance; keep records of the participants of unemployment insurance in accordance with the law

13. Provide fully and promptly information on participation, payment of unemployment insurance premiums when employees request

14. Provide documents and information relating to unemployment insurance at the request of competent state agencies.

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

16. Report to the Ministry of Finance and the Ministry of Labour – War Invalids and Social Affairs on the situation of revenue and expenditure, management and use insurance unemployment funds of the first 6 months of the year and the previous year every 06 months, before July 31 and every year before January 31.

17. Fulfill other responsibilities as prescribed by law.

Article 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.

2. Verify and approve the plans for training and retraining to improve occupational skills qualifications and job maintenance; verify the application for support, monitor the implementation of support for training courses, refresher courses for improvement of occupational skills for job maintenance for employees as prescribed.

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 implementation of regulations on unemployment insurance as prescribed by law.

3. Implement the regulations on every-06-month, every-year and extraordinary report to the Ministry of Labour – War Invalids and Social Affairs, the provincial People's Committee in accordance with the law.

4. Provide documents and information relating to unemployment insurance at the request of competent state agencies.

5. Participate in international cooperation and scientific research on unemployment insurance

6. Fulfill other responsibilities as prescribed by law.