What are the procedures for processing of application for unemployment benefit in Vietnam in 2024? What are the required documents of the application for unemployment benefit in 2024?
What are the procedures for processing of application for unemployment benefit in Vietnam in 2024?
Pursuant to item a, subsection 2, Section II Administrative procedures issued together with Decision 351/QD-BLDTBXH in 2024, the procedures for processing of application for unemployment benefit in 2024 are carried out in the following order:
- Step 1: Within 03 months from the day on which his/her employment contract or public employee contract is terminated, the unemployed employee that wishes to receive unemployment benefit shall submit an application for unemployment benefit to the employment service center of the locality where he/she wishes to receive unemployment benefit.
The employee may authorize another person to submit the application or send the application by post if:
+ he/she is suffering from sickness or has pregnancy as certified by a competent health facility;
+ he/she meets with an accident as certified by the traffic police or a competent health facility;
+ conflagration, flood, earthquake, tsunami, conflict or epidemic occurs with a certification of the Chairperson of the People’s Committee of commune, ward or commune-level town.
The date of submission of the application for unemployment benefit in the abovementioned cases is the day on which the authorized person directly submits the application or the date written on the postal stamp in case the application is submitted by post.
Within 15 working days from the date of submission of the application for unemployment benefit, if the employee no longer wants to receive unemployment benefit, he/she shall directly, or authorize another person to, submit a request for refusal to receive unemployment benefit which is made using Form 08 enclosed with the Circular No. 15/2023/TT-BLDTBXH to the employment service center to which his/her application for unemployment benefit has been submitted.
- Step 2: The employment service center shall receive and examine the application, make a note of appointment to receive application processing result using Form No. 01 enclosed with the Decree No. 61/2020/ND-CP, and give it to the applicant; if the application is inadequate, return it to the applicant and give reasons for such return.
- Step 3: Within 20 working days from its receipt of an adequate application, the employment service center shall consider petitioning the Director of the relevant provincial Department of Labour, War Invalids and Social Affairs to issue a decision to provide unemployment benefit to the employee using Form No. 05 enclosed with the Circular No. 15/2023/TT-BLDTBXH dated December 29, 2023 of the Minister of Labour, War Invalids and Social Affairs of Vietnam (hereinafter referred to as “Circular No. 15/2023/TT-BLDTBXH”); if an application is refused, a written response shall be given to the employee.
- Step 4: Within 03 working days from the date written on the note of appointment to receive application processing result, the employee must come to receive the decision to provide unemployment benefit.
If the employee fails to receive the decision to provide unemployment benefit directly or fails to authorize another person to do so and also fails to provide the employment service center with reasons for such failure, he/she shall be deemed not to have demand for receiving unemployment benefit. Within 02 days after the deadline for receiving the decision to provide unemployment benefit as written on the note of appointment, the employment service center shall petition the Director of the relevant provincial Department of Labour, War Invalids and Social Affairs to issue a decision to invalidate the decision on enjoyment of unemployment benefit using Form No. 02 enclosed with the Decree No. 61/2020/ND-CP. Decision to invalidate the decision on enjoyment of unemployment benefit which is sent by the employment service center shall include 01 copy sent to the provincial-level social insurance agency for preventing them from paying unemployment benefit to the employee, and 01 copy sent to the employee.
After 03 months from the expiry date of the period during which the employee is entitled to receive unemployment benefit as specified in the decision on enjoyment of unemployment benefit, if the employee neither receives unemployment benefit nor gives a written notice to the social insurance agency from which he/she receives unemployment benefit, he/she shall be deemed not to have demand for receiving unemployment benefit. Within 07 working days after the abovementioned time limit, the social insurance agency must send a written notice of the employee's failure to receive unemployment benefit which is made using Form No. 14 enclosed with the Circular No. 15/2023/TT-BLDTBXH to the employment service center. Within 10 working days from its receipt of the notice from the social insurance agency, the employment service center shall consider petitioning the Director of the provincial Department of Labour, War Invalids and Social Affairs to issue a decision to reserve payment period of unemployment insurance premiums for the employee using Form No. 15 enclosed with the Circular No. 15/2023/TT-BLDTBXH. Decision to reserve payment period of unemployment insurance premiums which is sent by the employment service center shall include 01 copy sent to the provincial social insurance agency for reserving the payment period of unemployment insurance premiums for the employee, and 01 copy sent to the employee. The decision to reserve payment period of unemployment insurance premiums shall be made using the form issued by the Minister of Labour, War Invalids and Social Affairs of Vietnam.
What are the procedures for processing of application for unemployment benefit in Vietnam in 2024? What are the required documents of the application for unemployment benefit in 2024? (Image from the Internet)
What are the required documents of the application for unemployment benefit in Vietnam in 2024?
Based on item c, subsection 2, Section II Administrative procedures issued together with Decision 351/QD-BLDTBXH in 2024, the required documents of the application for unemployment benefit in 2024 include the following documents:
- An application for unemployment benefit which is made using Form No. 03 enclosed with the Circular No. 15/2023/TT-BLDTBXH. If an employee does not want to receive unemployment benefit, he/she shall submit a written request for refusal to receive unemployment benefit using Form No. 08 enclosed with the Circular No. 15/2023/TT-BLDTBXH.
- The original or certified true copy or a copy accompanied with its original for verification purpose of any of the following documents certifying the termination of the employment contract or public employee contract:
+ The employment contract or public employee contract that has expired or under which all contractual obligations have been discharged;
+ Decision to approve resignation;
+ Dismissal decision;
+ Decision on imposition of disciplinary sanction in the form of dismissal;
+ Notice of or agreement on termination of employment contract or public employee contract;
+ The employer’s confirmation which clearly provides the employee's information; type of labor contract signed; reasons and time of termination of labor contract with the employee;
+ A competent authority’s certification that the enterprise or cooperative is dissolved, 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;
+ In case the employee does not have the documents certifying the termination of the employment contract because the employer has no legal representative and the person authorized by the legal representative, the following steps must be taken:
If the employee working for the employer that does not have legal representative and the person authorized by the legal representative wishes to terminate his/her employment contract for enjoying unemployment insurances, he/she must request the provincial Department of Labour, War Invalids and Social Affairs or provincial social insurance agency to follow procedures for certifying the termination of employment contract or public employee contract.
The provincial Department of Labour, War Invalids and Social Affairs or provincial social insurance agency sends a written request to the provincial Department of Planning and Investment to certify that the employer does not have a legal representative or person authorized by the legal representative.
The provincial 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.
The provincial Department of Planning and Investment sends a written response to the provincial Department of Labour, War Invalids and Social Affairs or provincial 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 provincial Department of Labour, War Invalids and Social Affairs or provincial social insurance agency.
+ The document certifying the termination of the seasonal or piecework employment contract with the term ranging from 03 months to less than 12 months which must be the original copy or certified true copy or the copy accompanied with its original for verification of such contract in case the employee participates in the unemployment insurance when working under a seasonal or piecework employment contract with the term ranging from 03 months to less than 12 months.
- Social insurance book.
What is the processing time limit for unemployment benefit in Vietnam in 2024?
Pursuant to item dd, subsection 2, Section II Administrative procedures issued together with Decision 351/QD-BLDTBXH in 2024, the processing time limit for unemployment benefit in 2024 is as follows:
- If the application is satisfactory: within 20 working days from the receipt of the application;
- If the employee fails to receive application processing result within 03 days according to the note of appointment to receive application processing result: the employment service center shall petition issuance of decision to invalidate the decision on enjoyment of unemployment benefit within 02 working days after the deadline for receiving application processing result.
- If the employee neither receives unemployment benefit nor gives a written notice to the social insurance agency after 03 months from the expiry date of the period during which the employee is entitled to receive unemployment benefit as specified in the decision to provide unemployment benefit, within 07 working days after the abovementioned time limit, the social insurance agency must send a written notice of the employee's failure to receive unemployment benefit to the employment service center; within 10 working days from its receipt of the notice from the social insurance agency, the employment service center shall consider submitting a decision to reserve payment period of unemployment insurance premiums for the employee to the competent person for signing.
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