What are the applications and procedures for the change of places for receiving unemployment benefits in Vietnam?
Can employees change the places for receiving unemployment benefits in Vietnam?
In Clause 1, Article 22 of Decree 28/2015/ND-CP, there are regulations on transfer of unemployment benefits as follows:
Transfer of unemployment benefits
1. Employees who have received at least 01 month of unemployment allowance as prescribed and need to transfer the unemployment benefits to central-affiliated cities and provinces must request in writing to transfer the unemployment benefit in the form defined by the Minister of Labor, War Invalids and Social Affairs and submit to the employment service center where they are receiving the unemployment benefits.
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Thus, employees who have received at least 01 month of unemployment allowance as prescribed and need to transfer the unemployment benefits to central-affiliated cities and provinces must request in writing to transfer the unemployment benefit in the form defined by the Minister of Labor, War Invalids and Social Affairs and submit to the employment service center where they are receiving the unemployment benefits.
What are the regulations on change of places for receiving unemployment benefits in Vietnam?
What is the current application for change of places for receiving unemployment benefits in Vietnam?
Employees need to prepare application for change of places for receiving unemployment benefits as prescribed in Clause 2, Article 22 of Decree 28/2015/ND-CP, including the following documents:
Within 03 working days from receipt of the request of the employees, the employment service centers shall provide the transfer application of unemployment benefits for the employees and submit the letter of introduction of transfer of unemployment benefits to the employment service center to which the employees transfer in the form prescribed by the Minister of Labor, War Invalids and Social Affairs.
Transfer application of unemployment benefits shall include:
- A written form of transfer unemployment benefit of the employees;
- A letter of introduction of transfer of unemployment benefit;
- A snapshot of the decision on unemployment benefits;
- A snapshot of the decision on vocational training support, decision on temporary suspension of unemployment benefits, decision on continuation of unemployment benefits (if any);
- A snapshot of the notice of finding monthly job (if any), and other papers in application for unemployment benefits.
Accordingly, Article 22 of Decree 28/2015/ND-CP stipulates the order and procedures for change of places for receiving unemployment benefits including the following steps:
Step 1: Employees who have received at least 01 month of unemployment allowance as prescribed and need to transfer the unemployment benefits to central-affiliated cities and provinces must request in writing to transfer the unemployment benefit in the form defined by the Minister of Labor, War Invalids and Social Affairs and submit to the employment service center where they are receiving the unemployment benefits.
Step 2: Within 03 working days from receipt of the request of the employees, the employment service centers shall provide the transfer application of unemployment benefits for the employees and submit the letter of introduction of transfer of unemployment benefits to the employment service center to which the employees transfer in the form prescribed by the Minister of Labor, War Invalids and Social Affairs.
Step 3: Within 02 working days from the date of provision of application for transfer of unemployment benefits for the employees under the provisions of paragraph 2 of this Article, the employment service center from which the employees transfer shall submit the notice on transfer of unemployment benefit to the provincial Social Insurance to stop paying unemployment benefits in the form defined by the Minister of Labor, War Invalids and Social Affairs.
Step 4: Within 03 working days from receipt of the application for transfer of unemployment benefits submitted by the employees, the employment service centers shall submit a written request for permission for social insurance at province level to which the employees transfer to continue paying unemployment benefits and issue the health insurance cards for employees enclosed with the decision snapshot of unemployment benefits of the employees. The written request for permission of the provincial social insurance shall be in the form defined by the Minister of Labor, War Invalids and Social Affairs
+ In case the employee has received documents on referral to another unemployment benefit payer, but has not yet submitted them to the receiving employment service center, and no longer needs to be referred to another unemployment benefit payer, the employee must submit the form of recommendation about referral to the unemployment benefit payer to the referring employment service center.
Within 03 working days from the date of receipt of the form of relocation of unemployment allowance, the employment service center shall send the form of recommendation about referral to the unemployment benefit payer, the employment service center must send the written request to the provincial social insurance agency to keep on paying unemployment benefit and issuing health insurance card to the employee.
+ The notice of job search issued by the employee during the period of referral to another unemployment benefit payer shall follow the instructions given by the Ministry of Labor, War Invalids and Social Affairs
The social insurance organization where the employee moves to receive unemployment benefits shall pay unemployment benefits and issue health insurance cards to the employee according to the provisions of law.
What are the conditions for receipt of unemployment benefits in Vietnam?
Pursuant to Article 49 of the Law on Employment 2013, it is stipulated as follows:
Conditions for unemployment allowance receipt
A worker defined in Clause 1, Article 43 of this Law who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:
1. Terminating the labor contract or working contract, except the following cases:
a/ He/she unilaterally terminates the labor contract or working contract in contravention of law;
b/ He/she receives monthly pension or working capacity loss allowance.
2. Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract, for the case specified at Points a and b, Clause 1, Article 43 of this Law; or having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract, for the case specified at Point c, Clause 1, Article 43 of this Law.
3. Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of this Law.
4. Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment allowance, except the following cases:
a/ He/she performs the military or public security obligation;
b/ He/she attends a training course of full 12 months or longer;
c/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
d/ He/she is kept in temporary detention or serves a prison sentence;
dd/ He/she goes abroad for settlement or as guest worker;
e/ He/she dies.
Thus, employees are entitled to unemployment benefits when they meet the above conditions.
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