What are the regulations on unemployment insurance payment for employees who enter into many employment contracts in Vietnam?
- What are the regulations on unemployment insurance payment for employees who enter into many employment contracts in Vietnam?
- What documents are included in an application for unemployment benefits in Vietnam?
- When will employees be entitled to authorize another person to submit the application for unemployment benefits in Vietnam?
What are the regulations on unemployment insurance payment for employees who enter into many employment contracts in Vietnam?
According to the provisions of Article 43 of the Law on Employment 2013, regulations on the compulsory participants in unemployment insurance are as follows:
Compulsory participants in unemployment insurance
1. Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:
a/ Labor contracts or working contracts of indefinite time;
b/ Labor contracts or working contracts of definite time;
c/ Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.
In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.
2. Workers defined in Clause 1 of this Article who are currently on pension or doing housework are not required to participate in unemployment insurance.
3. Employers obliged to participate in unemployment insurance include state agencies, public non-business units and people’s armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations; foreign agencies and organizations and international organizations operating in the Vietnamese territory; enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals that hire or employ workers under the labor contracts or working contracts specified in Clause 1 of this Article.
Accordingly, in case an employee signs and is performing multiple labor contracts, the employee and the employer of the first labor contract are responsible for participating in unemployment insurance.
What are the regulations on unemployment insurance payment for employees who enter into many employment contracts in Vietnam?
What documents are included in an application for unemployment benefits in Vietnam?
Dossier requesting unemployment benefits includes documents specified in Article 16 of Decree 28/2015/ND-CP, including the following documents:
- A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.
- An original or certified true copy of one of the following documents certifying the termination of the labor contract or working contract:
+ The labor contract or working contract expired or terminated under its term;
+ The resignation decision;
+ The dismission decision;
+ Disciplinary decisions on dismissal;
+ The written notice or agreement of termination of the labor contract or working contract.
If employees participate in unemployment insurance under the provisions of Point c, Paragraph 1 of Article 43 of the Law on Employment, the documents certifying the termination of the labor contract under seasonal work or under a certain job from full 03 months to less than 12 months shall be the original or certified true copy of such contract.
- 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.
* Note: Clause 2, Article 16 of Decree 28/2015/ND-CP is amended by Clause 6, Article 1 of Decree 61/2020/ND-CP.
When will employees be entitled to authorize another person to submit the application for unemployment benefits in Vietnam?
Employees are entitled to authorize another person to submit the application by post in one of the following cases (Clause 2, Article 17, Decree 28/2015/ND-CP).
- 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.
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
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