When will employees receive unemployment allowance after terminating their employment contracts? What is the application for unemployment benefits in Vietnam?
Vietnam: When will employees receive unemployment allowance after terminating their employment contracts?
Pursuant to Article 46 of the Law on Employment 2013, regulations on unemployment benefits are specifically as follows:
Receipt of unemployment allowance
1. Within 3 months after terminating his/her labor contract or working contract, a worker shall submit a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment.
2. Within 20 days after the employment service center receives a complete dossier, the competent state agency shall issue a decision on unemployment allowance receipt; in case the worker is ineligible for receiving unemployment allowance, the center shall issue a written reply to the worker.
3. The social insurance organization shall pay unemployment allowance to the worker within 5 days after receiving a decision on unemployment allowance receipt.
Thus, according to the above regulations, within 3 months after terminating his/her labor contract or working contract, a worker shall submit a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment.
Vietnam: When will employees receive unemployment allowance after terminating their employment contracts?
What is the application for 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 applications for unemployment benefits 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.
Thus, according to the above regulations, when employees must prepare documents to request unemployment benefits, including the following documents:
- A written form of unemployment benefit.
- 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 in Clause 2, Article 16 of Decree 28/2015/ND-CP.
- Social insurance books.
When is the time to receive unemployment benefits in Vietnam?
According to the provisions of Clause 2, Article 18, Decree 28/2015/ND-CP stipulates that employees receive unemployment benefits when:
- 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;
- 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.
Note: If the above 07th day is a holiday, the payment deadline of unemployment benefits shall be the next working day..
LawNet
