Vietnam: Can the employee authorize another person to apply for unemployment allowance? What is the time limit to apply for unemployment allowance?
- What is the time limit to apply for unemployment allowance in Vietnam? Can the employee authorize another person to apply for unemployment allowance?
- What are the procedures of receiving the decision to receive and pay unemployment allowance in Vietnam?
- What are the responsibilities of the provincial social insurance agency in receiving decisions on unemployment allowance from employees in Vietnam?
What is the time limit to apply for unemployment allowance in Vietnam? Can the employee authorize another person to apply for unemployment allowance?
Pursuant to Article 17 of Decree 28/2015/ND-CP (supplemented by Clause 7, Article 1 of Decree 61/2020/ND-CP) stipulates as follows:
“Article 17. Submission of application for unemployment benefit
1. Within 03 months from the date of termination of labor contract or working contract, employees who have no jobs and need unemployment benefit shall directly submit 01 application for unemployment allowance in accordance with the provisions of Article 16 of this Decree to employment service center in the locality where employees want to receive unemployment allowance.
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-inflicted destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.
Submission date of application for unemployment allowance 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
3. Employment service centers shall receive, inspect the applications, record the appointment paper of reply in the form defined by the Minister of Labor, War Invalids and Social Affairs and give it directly to the applicants application or sent by post to the applicants submitting the application by post; if the applications are not in accordance with the provisions of Article 16 of this Decree, employment service centers shall return to the applicants and state clearly the reason.
4. Within 15 working days from the date of submission of application for unemployment benefit, if the employee does not wish to receive his/her unemployment benefit, the employee must directly, or authorize another person to, submit the written request for refusal to receive unemployment benefit to the employment service center at the place where the employee has submitted the application for unemployment benefit.”
Accordingly, within 03 months from the date of termination of labor contract or working contract, employees who have no jobs and need unemployment benefit shall directly submit 01 application for unemployment allowance in the above cases.
Vietnam: Can the employee authorize another person to apply for unemployment allowance? What is the time limit to apply for unemployment allowance? (Image from the internet)
What are the procedures of receiving the decision to receive and pay unemployment allowance in Vietnam?
Pursuant to Section III of the promulgation process attached to Decision 1392/QD-BHXH in 2022 stipulates as follows:
“III. PROCEDURES FOR RECEIVING THE DECISION TO RECEIVE AND PAY OF UNEMPLOYMENT SUBJECTS
1. In case of receiving the decision to receive unemployment allowance from the Vietnam National Service Portal
1.1. Responsibilities of the document Receiving Department
1.1.1. Access the Application Receipt and Management software to receive the Decision on entitlement to unemployment benefit and transfer it to the Department of Social Insurance Benefits and comply with the provisions of Clause 1, Article 8 of Decision No. 166/QD-BHXH.
1.1.2. Receive the List of D03-TS prepared by the Division of Social Insurance Benefits for performing the operations specified at Points 1.1 and 1.2, Clause 1, Article 33a, Decision No. 595/QD-BHXH as amended and supplemented in Clause 56, Article 1. Decision No. 505/QD-BHXH and transfer of Book and Card Issue Department D03-TS.
1.1.3. Receive from Department of Issue of D10a-TS List of books and cards and health insurance cards; pay health insurance cards to beneficiaries of unemployment allowance through the public postal service as prescribed in Clause 1, Article 33a of Decision No. 595/QD-BHXH as amended and supplemented at Clause 56, Article 1 of Decision No. 505/QD-BHXH .
1.2. Responsibilities of the Department of Social Insurance Benefits
1.2.1. Receive the decision on benefits from the document-receiving Department to comply with the provisions of Point 2.1, Clause 2, Article 8 of Decision No. 166/QD-BHXH.
1.2.2. Perform the operations specified in Item a, b, c, point 2.2, clause 2, Article 8 of Decision No. 166/QD-BHXH to make a List of C72b-HD and transfer it to the Department of Planning and Finance.
1.2.3. Make a list of D03-TS and transfer the document receiving department according to the provisions of Points 6.2, 6.3, Clause 6, Article 32 of Decision No. 595/QD-BHXH as amended and supplemented at Clause 56, Article 1 of Decision No. 505/QD. - Social insurance.
1.3. Responsibilities of the Department of Planning - Finance
1.3.1. Receive the List of C72b-HD sent by the Department of Social Insurance Benefits.
1.3.2. Organize the payment of unemployment insurance according to the provisions of Article 9 of Decision No. 166/QD-BHXH.
1.3.3. Guide, inspect and supervise the payment work of the Postal Service under the service contract entered into with the social insurance agency.
1.4. Responsibilities of the Department of issuing books and cards
1.4.1. Receive the List of D03-TS transferred by the Application-Receiving Department, perform the operations according to the y Decision in Clause 2, Article 33a of Decision No. 595/QD-BHXH, which is amended and supplemented in Clause 56, Article 1 of Decision No. 505/QD-BHXH, and transferred to the Revenue Management Department.
1.4.2. Receive documents and data transferred by the Collection Management Division, make a List of D10a-TS, print the health insurance card, transfer the document to the Receiving Department to return to the beneficiary and store it according to the provisions of Clause 1, Article 33c of the Decision. No. 595/QD-BHXH is amended and supplemented in Clause 56, Article 1 of Decision No. 505/QD-BHXH.
1.5. Responsibilities of the Collection Management Department: Receive documents and data transferred by the Book and Card Issue Department, perform the operations specified in Clause 1, Article 33b of Decision No. 595/QD-BHXH as amended and supplemented at Clause 56, Article 1 of Decision No. 505/QD-BHXH.
2. In case of receiving the decision on unemployment benefit in paper form through the public postal service
Implement the process of paying unemployment insurance according to the provisions of Decision No. 166/QD-BHXH, issue health insurance cards according to the process in Decision No. 505/QD-BHXH.
3. Time limit for settlement: Maximum 02 working days from the date the social insurance agency receives the decision on unemployment benefit.”
Accordingly, the receipt of decisions on unemployment allowance will be made through 02 forms: from the national public service and the public postal service according to the above regulations.
The time to settle the decision on unemployment allowance is within 02 working days from the date of receiving the decision.
What are the responsibilities of the provincial social insurance agency in receiving decisions on unemployment allowance from employees in Vietnam?
Pursuant to subsection 1, Section IV, the promulgation process attached to Decision 1392/QD-BHXH in 2022 stipulates as follows:
“IV. ORGANIZATION OF IMPLEMENTATION
1. Responsibilities of social insurance agencies of municipalities: Organize timely implementation in accordance with this process. In the course of implementation, if any problems arise, they should be promptly reported to the Vietnam Social Security (SSI Policy Implementation Board, Collection Management Board, Book-Card, Information Technology Center).”
Thus, the provincial social insurance agency will have the responsibility according to the above regulations in receiving the decision on unemployment allowance.
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