Can employees authorize another person to submit the application for unemployment benefits in Vietnam?
- Vietnam: May an employee be eligible for unemployment benefits without having his/her procedures for verification of duration of participation in social insurance completed?
- Can employees authorize another person to submit the application for unemployment benefits in Vietnam?
- Vietnam: Can employees receive lump-sum unemployment benefit?
Vietnam: May an employee be eligible for unemployment benefits without having his/her procedures for verification of duration of participation in social insurance completed?
According to Clause 3, Article 48 of the 2019 Labor Code, responsibilities of the parties upon termination of an employment contract are prescribed as follows:
Responsibilities of the parties upon termination of an employment contract
...
3. The employer has the responsibility to:
a) Complete the procedures for verification of duration of participation in social insurance and unemployment insurance, return them and original copies of the employee’s other documents (if any);
b) Provide copies of the documents relevant to the employee’s work if requested by the employee. The employer shall pay the cost of copying and sending the documents.
Accordingly, when terminating the employment contract, the employer is responsible for completing procedures for verification of duration of participation in social insurance and unemployment insurance for the employee.
The completion of procedures for verification of duration of participation in social insurance, also known as the procedure for finalizing social insurance books, is to determine whether the employees have participated in social insurance and have terminated their labor contracts, while also ceasing mandatory social insurance contributions.
According to Article 49 of the Law on Employment 2013, regulations on conditions for unemployment allowance receipt, when employees meet the following conditions, they will be entitled to unemployment benefits:
- Terminating the employment contract or working contract unless they unilaterally terminate the employment contract or working contract in contravention of law; or receive monthly pension or working capacity loss allowance;
- Conditions on unemployment insurance payment period;
- Having submitted a dossier for receipt of unemployment allowance to an employment service center;
- Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment allowance, except in some cases prescribed by law.
Thus, in order for employees to receive unemployment benefits, there are conditions that the employer has terminated the employment contract and conditions on the period of participation in social insurance.
To confirm that the employee has terminated the employment contract and is eligible for social insurance payment period, it is necessary to complete the procedures for verification of duration of participation in social insurance.
Therefore, if the employee fails to have his/her procedures for verification of duration of participation in social insurance completed, he/she will not be eligible for unemployment insurance.
Can employees authorize another person to submit the application for unemployment benefits in Vietnam?
Can employees authorize another person to submit the application for unemployment benefits in Vietnam?
Pursuant to Article 29 of Decree 28/2015/ND-CP stipulating the rights of workers as follows:
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.
...
At the same time, Clause 2, Article 17 of Decree 28/2015/ND-CP stipulates the cases where employees can authorize another person to submit the application for unemployment benefits as follows:
Submission of application for unemployment benefit
...
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 a competent medical facility;
b) Accident certified by traffic policemen or competent medical facilities;
c) Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.
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
...
Thus, employees can authorize another person to submit the application for unemployment benefits.
However, not in all cases can employees authorize another person to submit the application for unemployment benefits. Only in the following cases can employees authorize:
- Sickness, Maternity certified by a competent medical facility;
- Accident certified by traffic policemen or competent medical facilities;
- Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.
Vietnam: Can employees receive lump-sum unemployment benefit?
Pursuant to Clause 2, Article 18 of Decree 28/2015/ND-CP regulating the settlement of unemployment benefits as follows:
Settlement of unemployment benefits
...
2. Payment of unemployment benefit
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.
...
At the same time, Article 50 of the Law on Employment 2013 stipulates the levels, duration and time of receipt of unemployment allowance as follows:
Levels, duration and time of receipt of unemployment allowance
1. The monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed on which unemployment insurance premiums are based, but must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime, or must not exceed 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.
...
Accordingly, unemployment benefits will be paid monthly, meaning workers cannot receive lump-sum unemployment benefit.
LawNet