THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
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No. 32/2010/TT-BLDTBXH
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Hanoi, October 25, 2010
 
CIRCULAR
GUIDING 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
 
THE MINISTRY OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
 
Pursuant to the Government's Decree No. 186/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;
Pursuant to 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;
The Ministry of Labor, War Invalids and Social Affairs guides 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, (below referred to as Decree No. 127/2008/ND-CP), as follows
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I. SUBJECTS AND SCOPE OF APPLICATION
Article 1. Subjects and scope of application
Subjects and scope of application of this Circular arc those defined in Articles 1, 2 and 3 of Decree No. 127/2008/ND-CP, except civil servants as defined in the Government's Decree No. 06/2010/ND-CP of January 25, 2010, on civil servants.
Persons on monthly pension or working capacity loss allowance who sign labor or working contracts with employers are not eligible for unemployment insurance.
II. UNEMPLOYMENT INSURANCE REGIMES
Article 2. Conditions for entitlement to unemployment insurance
Unemployed laborers are entitled to unemployment insurance when they fully satisfy the conditions specified in Article 15 of Decree No. 127/2008/ND-CP specifically guided as follows:
1. Having paid unemployment insurance premiums for full 12 months or more within 24 months before losing a job or terminating a labor or working contract under law.
A month of unemployment insurance premium payment will be counted if the employer and employee have paid unemployment insurance premiums and the employee has performed a labor or working contract for at least one day in that month.
2. Having registered unemployment under law with a job placement center under a provincial-level Labor. War Invalids and Social Affairs Department (below referred to as job placement center) when losing a job or terminating a labor or working contract.

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