Is it possible for employees to authorize another person to pick up the decision on entitlement to unemployment benefits in Vietnam?
When will employees submit dossiers for receipt of unemployment allowance in Vietnam?
Pursuant to Article 46 of the Law on Employment 2013, regulations on unemployment allowance 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.
Accordingly, 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.
Is it possible for employees to authorize another person to pick up the decision on entitlement to unemployment benefit in Vietnam?
Is it possible for employees to authorize another person to pick up the decision on entitlement to unemployment benefits in Vietnam?
Pursuant to Clause 3, Article 18 of Decree 28/2015/ND-CP (amended by Clause 8, Article 1 of Decree 61/2020/ND-CP) stipulating the settlement of unemployment benefits, specifically as follows:
Settlement of unemployment benefits
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2. Payment of unemployment benefit
a) 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;
b) 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. If the above 07th day is a holiday, the payment deadline of unemployment benefits shall be the next working day.
3. Within 03 working days inscribed in the appointment note to inform application processing results according to Form No. 01 issued together with this Decree, if the employee does not come to pick up the decision on entitlement to unemployment benefit or does not authorize any other to do so without notifying the employment service center of the acceptable reasons for not turning up for the decision, he/she shall be deemed as no need for unemployment benefit. Within 02 working days from the deadline for the employee’s picking up the decision stated in the appointment note, the employment service center shall request the Director of the Department of Labor - Invalids and Social Affairs to issue the decision on revocation of the decision on the employee’s entitlement to unemployment benefit using Form No. 02 issued together with this Decree.
Decision on revocation of the decision on the employee’s entitlement to the unemployment benefit which is sent by the employment service center shall include 01 copy sent to the provincial social insurance agency so as to prevent them from paying the unemployment benefit to the employee; 01 copy sent to the employee.
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Accordingly, the employee who does not come to pick up the decision on entitlement to unemployment benefit may authorize another person to pick up the decision.
When is the duration of receipt of unemployment allowance in Vietnam?
Pursuant to Article 50 of the Law on Employment 2013, there are regulations on the duration of receipt of unemployment allowance, specifically as follows:
Levels, duration and time of receipt of unemployment allowance
1. The monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed on which unemployment insurance premiums are based, but must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime, or must not exceed 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.
2. The duration of unemployment allowance receipt is based on the number of months of payment of unemployment insurance premiums. This duration is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months, which is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.
3. The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance as specified in Clause 1, Article 46 of this Law.
Thus, the duration of unemployment allowance receipt is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months.
After that, the duration of unemployment allowance receipt is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.
The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance.
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