What is the deadline for submitting the unemployment benefits application? What documents are included in the unemployment benefits application in Vietnam?
What is the deadline for submitting the dossier for unemployment benefits?
The deadline for submitting the dossier for unemployment benefits is stipulated in Article 46 Employment Law 2013 regarding the enjoyment of unemployment benefits. To be specific:
Unemployment Benefits
1. Within 03 months from the date of termination of the labor contract or working contract, the employee shall submit a dossier for unemployment benefits at the employment service center established by the state agency in charge of employment.
2. Within 20 days from the date the employment service center receives a complete dossier, the competent state agency shall issue a decision on unemployment benefits; in cases where the conditions for enjoying unemployment benefits are not met, a written reply must be sent to the employee.
3. The social insurance organization shall pay unemployment benefits to the employee within 05 days from the date of receiving the decision on unemployment benefits.
Within 03 months from the date of termination of the labor contract or working contract, the employee shall submit a dossier for unemployment benefits at the employment service center established by the state agency in charge of employment to enjoy unemployment benefits.
What is the deadline for submitting the unemployment benefits application? What documents are included in the unemployment benefits application in Vietnam?
What documents are included in the dossier for unemployment benefits in Vietnam?
Based on Article 16 Decree 28/2015/ND-CP (amended by Clause 6 Article 1 Decree 61/2020/ND-CP), the dossier for unemployment benefits includes the following documents:
Dossier for Unemployment Benefits
1. An application for unemployment benefits according to the form prescribed by the Minister of Labor, Invalids, and Social Affairs.
2. The original or a certified copy or a copy accompanied by the original for comparison of one of the following documents confirming the termination of the labor contract or working contract:
a) Expired labor contract or working contract, or the completion of work according to the labor contract;
b) Resignation decision;
c) Dismissal decision;
d) Disciplinary decision of termination;
dd) Notice or agreement on termination of the labor contract or working contract.
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3. Social insurance book.
The social insurance organization shall confirm the unemployment insurance contributions and return the social insurance book to the employee within 05 working days from the date of receiving the employer's request.
For employers who are agencies, units, or enterprises under the Ministry of National Defense, Ministry of Public Security, the Social Insurance of the Ministry of National Defense, and Social Insurance of People's Public Security shall confirm the unemployment insurance contributions and return the social insurance book to the employee within 30 days from the date of receiving the employer's request.
Therefore, the dossier for unemployment benefits includes the above-mentioned documents.
What are the conditions for enjoying unemployment benefits?
Based on Article 49 Employment Law 2013, the conditions for enjoying unemployment benefits include:
Employees specified in Clause 1 Article 43 Employment Law 2013 who are paying unemployment insurance premiums are entitled to unemployment benefits when they meet the following conditions:
- Termination of the labor contract or working contract, except for the following cases:
+ The employee unilaterally terminates the labor contract or working contract in violation of the law;
+ Receiving retirement benefits, monthly loss of working capacity allowance;
- Have paid unemployment insurance premiums for at least 12 months within 24 months before the termination of the labor contract or working contract for cases specified in point a and point b Clause 1 Article 43 Employment Law 2013; have paid unemployment insurance premiums for at least 12 months within 36 months before the termination of the labor contract for cases specified in point c Clause 1 Article 43 Employment Law 2013;
- Have submitted a dossier for unemployment benefits at the employment service center as prescribed in Clause 1 Article 46 Employment Law 2013;
- Have not found a job within 15 days from the day of submitting the dossier for unemployment insurance, except for the following cases:
+ Performing military service, police duty;
+ Attending a course of study with a duration of 12 months or more;
+ Serving a decision to enter a reformatory, compulsory educational institution, compulsory rehabilitation center;
+ Being detained; serving a prison sentence;
+ Settling abroad; working abroad under a contract;+ Passed away.
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