Vietnam: Application for unemployment benefits 2024

Hello, Lawnet would like to answer as follows:

1. What are the conditions for unemployment benefits receipt in Vietnam?

According to the provisions of Article 49 of the Law on Employment 2013, a worker defined in Clause 1, Article 43 of the Law on Employment 2013 who currently pays unemployment insurance premiums may receive unemployment benefits when fully meeting the following conditions:

- Terminating the labor contract or working contract, except the following cases:

+ He/she unilaterally terminates the labor contract or working contract in contravention of law;

+ He/she receives monthly pension or working capacity loss allowance.

- 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 the Law on Employment 2013; 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 the Law on Employment 2013.

- Having submitted a dossier for receipt of unemployment benefits to an employment service center under Clause 1, Article 46 of the Law on Employment 2013.

- Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment benefits, except the following cases:

+ He/she performs the military or public security obligation;

+ He/she attends a training course of full 12 months or longer;

+ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;

+ He/she is kept in temporary detention or serves a prison sentence;

+ He/she goes abroad for settlement or as guest worker;

+ He/she dies.

Thus, to receive an unemployment benefits, employees need to meet the following conditions:

- Have their employment contract or legal working contract terminated;

- Have paid unemployment insurance for the full prescribed period (12 months out of 24 months or 12 months out of 36 months);

- Submit application for unemployment benefits according to the regulations;

- Have yet found a new job after 15 days of submitting the application, except in some special cases.

Thus, employees need to meet all conditions regarding insurance payment period, application procedures and current employment status to receive unemployment benefits.

2. Application for unemployment benefits 2024

Application form for unemployment benefits 2024: Download

The application form for 2024 unemployment benefits is specified in Form No. 03 issued with Circular 15/2023/TT-BLDTBXH

3. What must be included in the application for unemployment benefit in Vietnam?

According to Article 16 of Decree 28/2015/ND-CP amended by Decree 61/2020/ND-CP, application for unemployment benefit include:

(1)  A written form of unemployment benefit;

(2) Original/certified copy of one of the following documents confirming the termination of the labor contract or working contract:

+ The labor or employment contract which have expired or under which all contractual obligations have been discharged;

+ Resignation acceptance decision;

+ Dismissal decision;

+ Decision on imposition of disciplinary sanction in the form of dismissal;

+ Notice of or agreement on termination of the labor or employment contract;

+ Confirmation of the employer which clearly provides the employee's information; type of labor contract signed; reasons and time of termination of labor contract with the employee.

+ Certifying by the competent state authority that the enterprise or cooperative closes, 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;

(3) Social insurance book.

Thus, the application to receive unemployment benefits must have all the above documents to prove that the employee is eligible to receive unemployment benefits according to regulations.

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Key word: unemployment benefit | in Vietnam | Vietnam | unemployment | application for unemployment benefit |

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