07:47 | 23/07/2024

Documents Required for Unemployment Benefits Application: What Papers Are Needed? Where to Submit the Application for Unemployment Benefits?

<strong>What documents are required for the unemployment benefit application? Where should the unemployment benefit application be submitted?</strong><strong>Your question from T.N. in Hai Duong.</strong>

What documents are required for unemployment benefits applications?

Based on Article 16 of Decree 28/2015/ND-CP, amended by Clause 6, Article 1 Decree 61/2020/ND-CP, the dossier required for unemployment benefit applications includes:

(1) An application form for unemployment benefits as prescribed by the Minister of Labor - Invalids and Social Affairs.

(2) The original, a certified copy, or a copy accompanied by the original for comparison of one of the documents confirming the termination of the labor contract or employment contract. Such documents can include:

- An expired labor contract or employment contract or one that has been completed according to the labor contract;- Decision of termination;- Decision of dismissal;- Disciplinary decision forcing termination;- Notification or agreement of termination of labor or employment contract;- Confirmation by the employer containing specific details such as:

+ Information of the employee;+ Type of signed labor contract;+ Reason and time of termination of the labor contract for the employee;

- Confirmation by the authorized state agency regarding the dissolution or bankruptcy of an enterprise or cooperative, or the decision to remove, dismiss, or discharge someone from appointed positions in the case of a manager of an enterprise or cooperative;

- In cases where the employee does not have documents confirming the termination of the labor contract due to the employer having no legal representative or authorized person, the following procedures apply:

+ The Department of Labor - Invalids and Social Affairs or the provincial Social Insurance sends a written request to the Department of Planning and Investment to confirm that the employer has no legal representative or authorized person.+ The Department of Planning and Investment coordinates with tax authorities, police offices, and local authorities where the employer's headquarters is located to verify this.+ The Department of Planning and Investment must send a written response to the Department of Labor - Invalids and Social Affairs and the provincial Social Insurance within 10 working days from the date of receipt of the verification request.

- In cases where the employee participates in unemployment insurance according to point c, clause 1, Article 43 of the Employment Law 2013, the confirmation document regarding the termination of the seasonal or job-specific labor contract with a term of at least 3 months to under 12 months must be the original, a certified copy, or a copy accompanied by the original for comparison.

(3) Social insurance book.

What documents are required for unemployment benefits applications? Where to submit the unemployment benefits application?

What documents are required for unemployment benefits applications? Where to submit the unemployment benefits application?

Where to submit the unemployment benefits application?

According to Article 17 of Decree 28/2015/ND-CP (supplemented by Clause 7, Article 1 Decree 61/2020/ND-CP), the following provisions are applied:

Submission of unemployment benefits application

1. Within 3 months from the date of termination of the labor contract or employment contract, unemployed workers who wish to receive unemployment benefits must directly submit an application dossier conforming with Article 16 of this Decree to the employment service center in the locality where they wish to receive unemployment benefits.

2. Employees can authorize others to submit their applications or send applications by post in the following cases:

a) Illness or maternity with certification from a competent medical facility;

b) Accidents with certification from the traffic police or competent medical facility;

c) Natural disasters, fire, floods, earthquakes, tsunamis, enemy sabotage, or epidemics with confirmation from the Chairman of the People's Committee of the commune, ward, or commune-level town.

The application submission date in the above cases is the date the authorized person directly submits the application or the date stamped by the post office if sent by post.

3. The employment service center is responsible for receiving, checking the application, issuing a receipt with a date for results return according to the form prescribed by the Minister of Labor - Invalids and Social Affairs, and directly giving the receipt to the applicant or sending it by post if the application was submitted by post. If the application does not conform to Article 16 of this Decree, it must be returned to the applicant with reasons specified.

4. Within 15 working days from the date of submission of the unemployment benefits application, if the employee no longer wishes to receive unemployment benefits, they must directly or authorize another person to submit a withdrawal request to the employment service center where the application was initially submitted.

Employees who wish to receive unemployment benefits must directly submit an application dossier conforming to the requirements at the employment service center in the locality where they wish to receive unemployment benefits.

What is the latest unemployment benefits application form?

The latest unemployment benefits application form for workers is currently implemented according to Form 03 issued with Circular 28/2015/TT-BLDTBXH, which is as follows:

The latest unemployment benefits application form

Download the unemployment benefits application form here.

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