If the social insurance book is lost, can the employee receive unemployment benefits in Vietnam? What are the dossiers for re-grant of a social insurance book?
If the social insurance book is lost, can the employee receive unemployment benefits in Vietnam?
According to the provisions of Article 16 of Decree 28/2015/ND-CP amended by Clause 6, Article 1 of Decree 61/2020/ND-CP, regulations on specific application for unemployment benefit are as follows:
Application for unemployment benefit
1. A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.
2. The primary or certified true copy, or the duplicate copy submitted along the primary copy for checking purposes, of one of the following documents certifying the termination of the labor or employment contract:
a) The labor or employment contract which have expired or under which all contractual obligations have been discharged;
b) Resignation acceptance decision;
c) Dismissal decision;
d) Decision on imposition of disciplinary sanction in the form of dismissal;
dd) Notice of or agreement on termination of the labor or employment contract;
e) Confirmation of the employer which clearly provides the employee's information; type of labor contract signed; reasons and time of termination of labor contract with the employee.
g) Certifying by the competent state authority that the enterprise or cooperative closes, goes bankrupt or decides to dismiss him/her, relieve him/her from duty or discharge him/her from the designated post in case the employee holds the post as a manager of that enterprise or cooperative;
h) In case the employee does not have the documents certifying the termination of the labor contract because the employer’s unit has no legal representative and the person authorized by the legal representative, the following steps must be taken:
Department of Labor - Invalids and Social Affairs or provincial-level Social Insurance agency sends a written request to the Department of Planning and Investment to certify that the employer does not have a legal representative or no person authorized by the legal representative.
Department of Planning and Investment is responsible for cooperating with the tax authority, police, and local government at the place where the employer’s head office is located to verify the fact that the employer has no legal representative or no person authorized by the legal representative.
Department of Planning and Investment sends a written response to the Department of Labor - Invalids and Social Affairs or provincial-level Social Insurance agency with regard to the fact that the employer does not have the legal representative or the person authorized by the legal representative within 10 working days of receipt of the written request for certification from the Department of Labor - Invalids and Social Affairs or provincial-level Social Insurance agency.
i) In case where the employee participates in the unemployment insurance plan under the provisions of Point c, Clause 1, Article 43 of the Law on Employment, the document certifying the termination of the seasonal or piecework labor contract with the term ranging from 03 months to less than 12 months must be the primary copy or the certified true copy or the duplicate copy enclosing the primary copy for checking of such contract.
3. Social insurance books
social insurance organizations shall certify the premium payment of unemployment insurance and return the social insurance book to employees within 05 working days from receipt of the request of the employers.
Employers being agencies, units and enterprises of the Ministry of National Defense, the Ministry of Public Security shall, within 30 days, social insurance of the Ministry of National Defense , social insurance of the people’s public security forces shall certify the premium payment of unemployment insurance and return the social insurance book to employees from the date of receipt of the request of the employers.
Accordingly, the social insurance book is one of the mandatory documents needed when employees want to receive unemployment benefits.
In this case, if the employee wants to receive unemployment benefits, he or she must be re-granted the social insurance book to complete the documents.
In addition to social insurance books, employees need to prepare the following documents to receive unemployment benefits:
- Application for unemployment benefits.
- The primary or certified true copy, or the duplicate copy submitted along the primary copy for checking purposes, of one of the documents certifying the termination of the labor or employment contract.
If the social insurance book is lost, can the employee receive unemployment benefits in Vietnam? What are the dossiers for re-grant of a social insurance book? (Image from the Internet)
What are the dossiers for re-grant of a lost or damaged social insurance book in Vietnam?
According to the provisions of Article 97 of the Law on Social Insurance 2014, regulations on dossiers for re-grant of a lost or damaged social insurance book are specifically as follows:
Registration dossiers for participation in social insurance and grant of social insurance books
1. A registration dossier for first-time participation in social insurance must comprise:
a/ An employer’s declaration form for participation in social insurance, enclosed with a list of employees to participate in social insurance;
b/ Employees' declaration forms for participation in social insurance.
2. A dossier for re-grant of a lost or damaged social insurance book must comprise:
a/ An employee’s application for re-grant of a social insurance book;
b/ The social insurance book, in case it is damaged.
3. The Government shall stipulate the procedures and dossier for participation in social insurance and grant of social insurance books for the subjects defined at Point e, Clause 1, Article 2 of this Law.
Thus, according to the above regulations, employees need to prepare documents to re-issue social insurance books when lost, including an application to re-issue social insurance books.
How long does it take for re-grant of a lost or damaged social insurance book in Vietnam?
According to the provisions of Article 99 of the Law on Social Insurance 2014, regulations on registration for participation in social insurance and grant of social insurance books are as follows:
Settlement of registration for participation in social insurance and grant of social insurance books
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3. The social insurance agency shall grant a social insurance book within:
a/ 20 days after receiving a complete and valid dossier, for persons who participate for the first time in compulsory social insurance;
b/ 7 days after receiving a complete and valid dossier, for persons who participate for the first time in voluntary social insurance;
c/ 15 days after receiving a complete and valid dossier, in case of re-grant of social insurance books; or 45 days, if the verification of the period of social insurance premium payment is complicated. If refusing to grant a social insurance book, the social insurance agency shall issue a written reply clearly stating the reason;
d/ 10 days after receiving a complete and valid dossier, in case of re-grant of social insurance books for employees who wish to have their information of participation in social insurance adjusted. If refusing to re-grant a social insurance book, the social insurance agency shall issue a written reply clearly stating the reason.
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Thus, according to the above regulations, the social insurance agency is responsible for re-issue the lost social insurance book within 15 days from the date of receiving complete documents to reissue the social insurance book.
In case the process of verifying the social insurance payment period is complicated, it should not exceed 45 days.
In case of refusal, a written response must be made clearly stating the reason.
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