Receiving Unemployment Benefits: Locations and Submission Deadlines for Unemployment Benefit Applications
Where to Receive Unemployment Benefits When Unemployed?
Based on Article 17 of Decree No. 28/2015/ND-CP supplemented by item 7, Article 1 of Decree No. 61/2020/ND-CP stipulates as follows:
Submission of Application for Unemployment Allowance
1. Within 03 months from the date of termination of the labor contract or working contract, an unemployed worker who wishes to receive unemployment benefits must directly submit one application for unemployment allowance according to the conformance stipulated in Article 16 of this Decree to the employment service center at the locality where the worker wishes to receive unemployment benefits.
2. A worker is authorized to have another person submit the application or send the application by postal mail if he/she falls into one of the following cases:
a) Illness, maternity with verification from a competent medical facility;
b) Accident with verification from the traffic police or a competent medical facility;
c) Fire, flood, earthquake, tsunami, enemy destruction, epidemic with verification from the Chairperson of the commune-level People's Committee.
The date of submission for the application for unemployment allowance in the above cases is the date the authorized person directly submits the application or the date stamped by the post office for mailed applications.
3. The employment service center is responsible for receiving, checking the application, issuing a receipt appointment slip according to the form stipulated by the Minister of Labor, Invalids and Social Affairs, and directly handing the slip to the applicant or sending it via postal mail for mailed applications. In case the application is not compliant with Article 16 of this Decree, it shall be returned to the applicant with a clear explanation of the reasons.
4. Within 15 working days from the date of submission of the application for unemployment allowance, if the worker does not wish to receive unemployment benefits, they must directly or via authorization submit the request for non-receipt of unemployment allowance to the employment service center where the application was initially submitted.
Besides, item 2, Article 18 of Decree No. 28/2015/ND-CP stipulates as follows:
Settlement of Unemployment Allowance
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2. Disbursement of Unemployment Allowance
a) The social insurance organization shall disburse the first-month unemployment allowance to the worker within 05 working days from the date of receiving the decision on the unemployment allowance entitlement;
b) The social insurance organization shall disburse the unemployment allowance to the worker starting from the second month’s unemployment allowance within 05 working days, calculated from the seventh day of that month, provided no decision on suspension or termination of unemployment allowance for the worker is received. If the seventh day is a holiday, the disbursement period is calculated from the subsequent working day.
According to these regulations, the local employment service center where the worker wishes to receive unemployment benefits will be the agency responsible for receiving the application for unemployment allowance and issuing the result appointment slip to the worker.
The social insurance organization will be the agency directly responsible for disbursing the unemployment allowance to the worker.
Therefore, if a worker wishes to receive unemployment benefits, they need to submit their application to the employment service center.
Where to Receive Unemployment Benefits When Unemployed? How long is the submission period for the application for unemployment benefits?
What Does the Application for Unemployment Allowance for Workers Include?
Based on Article 16 of Decree No. 28/2015/ND-CP, with certain provisions revised by item 6, Article 1 of Decree No. 61/2020/ND-CP, stipulating the composition of the application for unemployment allowance for workers as follows:
- Application for unemployment allowance according to the form stipulated by the Ministry of Labor, Invalids and Social Affairs
- Original or certified copy or a copy with the original for comparison of one of the documents confirming the termination of the labor contract or working contract
- Social insurance booklet
According to these provisions, the social insurance organization is responsible for confirming the unemployment insurance contributions and returning the social insurance booklet to the worker within 05 working days from the date of receiving the request from the employer.
For employers who are agencies, units, enterprises under the Ministry of National Defense, Ministry of Public Security, within 30 days, the social insurance of the Ministry of National Defense, the social insurance of the People’s Public Security shall confirm the unemployment insurance contributions and return the social insurance booklet to the worker from the date of receiving the request from the employer.
How Long is the Submission Period for the Application for Unemployment Allowance?
Based on Article 46 of Employment Law 2013 stipulates as follows:
Unemployment Allowance
1. Within 03 months from the date of termination of the labor contract or working contract, the worker shall submit the application for unemployment allowance at the employment service center established by the state management agency for employment.
2. Within 20 days from the date the employment service center receives a complete application, the competent state agency shall issue a decision on unemployment allowance entitlement; in case of ineligibility for unemployment allowance, a written response must be provided to the worker.
3. The social insurance organization shall disburse the unemployment allowance to the worker within 05 days from the date of receiving the decision on unemployment allowance entitlement.
Therefore, within 3 months from the termination of the labor contract or working contract, the worker must submit the application for unemployment allowance to the employment service center.
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