State Management Institution on Unemployment Insurance

social insurance policy activities, from which there are adjustments, amendments and supplements to the content of social insurance policy to suit the actual situation.

2.1.3 State management institutions on unemployment insurance

Currently, institutions in general and state institutions in particular are terms that are used quite commonly but there is no consensus in understanding. In the most general way, previous researchers approached these terms in two senses: broad and narrow [30].

- Concept of Institution

In a broad sense, an institution is a comprehensive structure of elements to carry out the activities of an organization, including the organizational apparatus with specific regulations on tasks, powers, operating rules that members of the organization must comply with and even the activities of the members of the organization. In other words, an institution includes an organization with a system of rules and regulations used to regulate the operation of the organization to achieve the organization's goals.

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In a narrow sense, an institution only includes a system of regulations and sanctions that may or may not be issued in writing, creating a legal corridor for the operations of a certain organization.

In a narrower sense, institutions refer to organizations whose rules and regulations are linked to common goals and social goals.

One thing to note is that in English, "Institution" means institution or regime. However, the understanding between institution and regime is not completely identical. According to Robertsons: "Institution is a sustainable set of values, norms, positions, roles and groups operating around a basic need of society". He believes that a society, in order to exist and develop normally, must be formed on behavioral models, common patterns and rules so that each member of society can look at them and act accordingly. Institution is a system of rules to monitor, regulate and adjust behavior to meet certain needs of the community and individuals, specifically, it is a synthesis of methods, modes of state operation, social operation, policies, laws, standards, customs and the division of power, roles and interests. These systems can be formal or informal, organized or unorganized. According to this approach, institution has a broader scope than regime.

- Concept of State Institutions

In a broad sense, state institutions include all state agencies with a system of regulations established by the state in the system of state legal documents and used by the state to regulate and create behaviors and relationships between the state and citizens and organizations to establish social order and discipline [25].

In a narrow sense, state institutions are a system of regulations established by the state in the system of state legal documents and used by the state to regulate behaviors and relationships between the state and citizens and organizations to establish social order and discipline [25] .

- Concept of State management institution on unemployment insurance

Inheriting the concepts of institutions and state institutions of previous studies into the thesis research process, the author also conceives the understanding of the state management institution of social insurance in two senses.

In a broad sense, the state management institution on unemployment insurance includes the system of state management agencies on unemployment insurance and the operating mechanism of these agencies in state management on unemployment insurance.

In a narrow sense, the State management institution on unemployment insurance is the entire set of regulations and rules issued by the State to regulate the State management activities on unemployment insurance, creating a legal corridor for the activities of State management agencies on unemployment insurance and competent officials and civil servants.

Throughout the thesis, the author approaches and studies the institution of state management of social insurance in this narrow sense.

With the concept of the State management institution on unemployment insurance in the narrow sense, the State management institution on unemployment insurance is composed of the following elements:

- A system of documents with orientation and strategy related to social security in general and unemployment insurance in particular.

- The system of legal documents stipulates the basic contents of unemployment insurance, stipulates the tasks, powers and competences of state management agencies, career management agencies on unemployment insurance, rights and obligations of subjects of state management on unemployment insurance.

- System of documents regulating the public service regime, civil servants managing the house

unemployment insurance

- A system of documents regulating administrative jurisdiction to resolve disputes, handle violations, and resolve complaints and denunciations of state management agencies on unemployment insurance against employees and employers.

- System of administrative procedures on unemployment insurance

2.2 Basic content of state management institution on unemployment insurance

Depending on each field of state management, the state management institution has different basic contents. With state management of unemployment insurance, the state management institution of unemployment insurance includes 7 basic contents:

First, Regulations on forms of participation and subjects of unemployment insurance application

Regarding the form of participation: In the world, there are currently 2 forms in which employees can participate in unemployment insurance: compulsory and voluntary. Depending on the conditions of each country, only the compulsory form can be applied or only the voluntary form can be applied or both forms can be applied: both compulsory and voluntary.

Regarding the subjects of application of unemployment insurance: very diverse, unemployment insurance can only target a small part of employees or all employees; can target a part of employees in need or all employees in need; can only target employees working for wages or can be extended to all people who are able to work but are completely unemployed... Depending on the conditions of each country, the subjects of application of unemployment insurance are different.

Regulations on the form of participation and subjects of application of unemployment insurance are extremely important regulations, they determine the scale of the policy, the coverage level of the policy, and thereby determine the effectiveness of the policy. It also shows the role and position of unemployment insurance policy in the social security system of each country.

Second, Regulations on unemployment insurance regimes

Unemployment insurance regimes are quite diverse. In general, there are two groups of unemployment insurance regimes applied in countries: (1) a group of direct cash support regimes through a subsidy for a certain period of time when employees meet certain conditions and (2) a group of indirect support regimes through forms of consulting organizations, job referrals, vocational training support, support for finding new jobs, support for loans... for employees or support for employers to train and improve vocational skills for employees...

In each unemployment insurance regime, each country has different regulations on eligibility, duration, and benefit levels. But in general, unemployment insurance participants will be protected when they meet all conditions such as: having the ability to work, currently unemployed, actively looking for work, registered to find work, etc.

The regulations on unemployment insurance regimes will show the generosity of the unemployment insurance fund to pay employees participating in unemployment insurance when they unfortunately lose their jobs. The more and more diverse the unemployment insurance regimes are, the more it will help employees have the conditions, motivation, and confidence to overcome difficulties, thereby making more efforts in the process of re-entering the labor market, ensuring the lives of their families, which also means that society will reduce the unfortunate consequences caused by unemployment, social security will be enhanced, and the macro economy will be stabilized.

However, the generosity of unemployment insurance policies in each country depends on the size and payment capacity of the unemployment insurance fund, which means it depends on the contribution capacity of employees, employers and the level of support from the state budget (if any) for the unemployment insurance fund. Therefore, depending on the conditions and circumstances of each country, their regulations on unemployment insurance policies will be different. In addition, to ensure the minimum benefits of the unemployed and also to prevent them from relying on the unemployment insurance policy, some countries have limits on the minimum or maximum benefits that employees can receive from the unemployment insurance fund.

Third, Regulations on the organization and personnel of state management of unemployment insurance.

Regulations on the organization and personnel of the State management of unemployment insurance state which agencies have the function of State management of unemployment insurance, which agencies are in charge, which agencies coordinate, what is the relationship between those agencies, what are the tasks and powers of each agency. Who are the personnel of the State management of unemployment insurance, how are they arranged? How are they recruited, used, rewarded, disciplined, trained, fostered, and implemented policies and regimes? What is their salary regime?

The clearer and more scientific the regulations on the organization and personnel of the State management of unemployment insurance are, the more effective the State management of unemployment insurance will be, thereby contributing to improving the effectiveness of unemployment insurance policies; on the contrary, it will lead to a cumbersome and overlapping situation in the functions and tasks of the agencies and personnel of the State management of unemployment insurance, causing a lot of loss.

time consuming, costly, wasteful, does not ensure effectiveness and efficiency of policy implementation.

Fourth, Regulations on functions, tasks, powers, responsibilities and obligations of relevant agencies, units, organizations and individuals in implementing unemployment insurance policies.

To manage unemployment insurance, the state organizes an apparatus for managing unemployment insurance and arranges personnel for managing unemployment insurance in that apparatus. However, for the policy to come into effect, there must also be participation in management and implementation by a number of relevant agencies, units, organizations and individuals. Therefore, in addition to regulations on the organization of the apparatus and personnel for managing unemployment insurance, the institution for managing unemployment insurance must also clearly define the relevant agencies, units, organizations and individuals involved in implementing unemployment insurance: which agencies, units and organizations are they? What are the functions, tasks, powers and responsibilities of each agency, unit and organization in managing and implementing unemployment insurance? Who are those individuals, what rights and obligations do they have in managing and implementing unemployment insurance?

Similar to regulations on the organization and personnel of the State management of unemployment insurance, the clearer and more scientific the regulations on the functions, tasks, powers, responsibilities and obligations of relevant agencies, units, organizations and individuals in implementing the unemployment insurance policy, the more effective the State management of unemployment insurance will be, thereby contributing to improving the effectiveness and efficiency of the unemployment insurance policy. For example, the clearer, stricter and more reasonable the regulations on the rights and obligations of employees and the rights and responsibilities of employers regarding unemployment insurance are, the easier it is for employees and employers to comply and implement, without procrastination or evasion, thereby raising the awareness of employees and employers regarding unemployment insurance; The clearer and more scientific the regulations on functions, tasks and powers of the Social Insurance Agency and the Employment Service Center are, the more overlap in task performance will be minimized, thereby increasing the level of coordination between relevant agencies, ensuring effectiveness in policy implementation...

Five, Regulations on unemployment insurance fund

As presented in section 1.2.1, unemployment insurance is implemented in different forms through the formation of a monetary fund with contributions from relevant parties to support employees. Therefore, in addition to other regulations, regulations on unemployment insurance funds are extremely necessary. It indicates the state's regulations on parties contributing to the fund, the level

Contributions of each party, support from the state budget (if any), basis for contribution, payment method, source of fund formation (social insurance revenues), use of social insurance fund (social insurance expenditures), management of social insurance fund (accounting method, management agency, fund investment activities, financial regime for social insurance fund, regulations on management and use of funds, budget allocation, transfer of funds, summary of settlement...).

The clearer the regulations on the unemployment insurance fund are, the more convenient the process of organizing and implementing unemployment insurance, especially organizing the collection and disbursement of unemployment insurance, controlling the safety status of the fund, etc. will be, ensuring publicity and transparency.

Sixth, Regulations on handling violations, inspection, examination, receiving citizens, resolving petitions, requests, complaints and denunciations about unemployment insurance

Regulations on handling violations of social insurance: are regulations on violations or crimes of social insurance, forms of administrative sanctions, criminal sanctions (if any), levels of sanctions, penalties and remedial measures (if any) for each violation or crime. Depending on the regulations of each country, violations of social insurance constitute crimes or not.

Regulations on inspection in the field of unemployment insurance: The purpose of inspection activities on unemployment insurance is to detect loopholes in the management mechanism, policies and laws on unemployment insurance in order to recommend to competent state agencies remedial measures; prevent, detect and handle violations of the law; help agencies, organizations and individuals properly implement the provisions of the law on unemployment insurance; promote positive factors; contribute to improving the effectiveness and efficiency of state management activities on unemployment insurance; protect the interests of the state; the legitimate rights and interests of agencies, organizations and individuals. Regulations on inspection of unemployment insurance are specific provisions on the subjects of inspection, the agencies with inspection functions, the order and procedures for implementation and regulations on developing and approving the annual unemployment insurance inspection plan.

Regulations on inspection in the State management of unemployment insurance: There are two types of inspection in the State management of unemployment insurance: Functional inspection and Internal inspection. Functional inspection in the State management of unemployment insurance: This is an inspection activity of the Ministry of Labor, Invalids and Social Affairs conducted on agencies, organizations and units that are not directly under its management in terms of organization in compliance with laws, policies and management rules in the industry or field under its unified management nationwide. Internal inspection in the State management of unemployment insurance

BHTN: This is an internal inspection activity within a sector, an agency, an organization conducted by the head of the sector and field management agency, the head of the agencies, organizations, and basic units of the state. This activity has a close relationship between the subject and the inspected object, the scope of the inspection covers all activities, all issues related to the tasks and functions of the subordinate agencies and employees. The head of the agency can directly inspect or establish an organization to assist the head in the inspection. When conducting an inspection, the head of the agency or the inspection organization has the right to apply all forms and measures within the authority of the head such as: rewarding the agency, individuals, deciding to suspend or abolish wrong decisions of subordinates, suspending violations of the law, discipline, including measures to inventory, control, seize, seal assets, documents, etc.

Regulations on receiving citizens, handling petitions, requests, complaints and denunciations about unemployment insurance: Petitions about unemployment insurance are when citizens propose opinions to state agencies to improve the organization and operation of the state apparatus on unemployment insurance, petitions are not directly related to violations of the law on unemployment insurance. Requests about unemployment insurance are demands of citizens to exercise their rights as subjects prescribed by law, in some cases related to violations of the law but not directly to the requester. Complaints about unemployment insurance are when employees, employers, individuals and related organizations, according to the procedures prescribed by law, request competent agencies, organizations and individuals to review administrative decisions and administrative acts of state management agencies on unemployment insurance, of officials and civil servants with authority to manage unemployment insurance when there is reason to believe that such decisions or acts are illegal and infringe upon their legitimate rights and interests. The subjects of complaints about unemployment insurance are employees, employers, vocational training establishments, and other related individuals and organizations. The subjects of complaints are state management agencies on unemployment insurance, career management agencies on unemployment insurance (social insurance, employment service centers), and persons with authority to issue administrative decisions on unemployment insurance that are considered illegal and infringe upon the legitimate rights and interests of the subjects making complaints about unemployment insurance; Officials and civil servants of state management agencies on unemployment insurance, civil servants and employees in agencies managing unemployment insurance whose administrative acts are considered illegal, infringing upon the rights and legitimate interests of the subjects making complaints about unemployment insurance. And complaint settlement is the process by which agencies, organizations and individuals with the authority to settle complaints accept, verify and conclude

discuss and make decisions on handling complaints. Denunciation of unemployment insurance is the act of employees or related individuals, following the procedures prescribed by law, informing competent agencies, organizations and individuals about violations of the law on unemployment insurance by any agency, organization or individual that causes damage or threatens to cause damage to the interests of the State, the rights and legitimate interests of citizens, agencies and organizations related to unemployment insurance. Unlike complaints about unemployment insurance, the subjects entitled to denounce unemployment insurance are only individuals (can be one person or many people) and do not include organizations and organizations that do not have the right to denounce. The subject of denunciation is any violation of the law in the performance of duties and public duties of cadres, civil servants and public employees on unemployment insurance; Any violation of the law in the State management of unemployment insurance by any relevant agency, organization or individual that the subject has the right to denounce to fulfill its civic responsibility, ensure discipline, social order and safety regarding unemployment insurance.

Regulations on receiving citizens, handling petitions, requests, complaints and denunciations about unemployment insurance are specific regulations on citizen reception activities (location, conditions, facilities, arrangement of officials to receive citizens, citizen reception procedures), handling reflections, petitions, handling complaints and denunciations (receiving, classifying, determining the authority to resolve and process petitions). Clear and complete regulations on handling violations, inspection, examination, receiving citizens, handling petitions, complaints and denunciations in the field of unemployment insurance will help ensure the unemployment insurance legislation, and ensure the public management of unemployment insurance is public, transparent and fair, thereby ensuring the effectiveness and efficiency of the public management of unemployment insurance.

Seven, Regulations on administrative procedures for unemployment insurance

To manage unemployment insurance, unemployment insurance management agencies issue regulations on administrative procedures to implement unemployment insurance to bring unemployment insurance into life. These are regulations on procedures, implementation methods, documents and requirements, conditions for employees, employers, individuals and related organizations to resolve a specific task or request related to unemployment insurance. These are important tools and means for the state to perform its state management function on unemployment insurance; they are a bridge to convey the state's unemployment insurance regulations into life in the most specific and easy-to-understand way, ensuring that employees, employers, individuals and related organizations can access and implement them well, while also ensuring their legitimate and legal rights and interests according to the regulations prescribed by the state.

Administrative procedures on unemployment insurance issued by state management agencies on unemployment insurance are announced.

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