Decision on Resignation: Is Using the Director's Name Seal for Signing Valid?

I have a friend who has resigned and wants to claim one month of unemployment insurance (BHTN). As far as I know, it requires both the resignation decision from the previous company and other documents to claim the BHTN money. However, the resignation decision of my friend was signed using the director's name seal (because the general director could not come to Vietnam due to the pandemic). Does this decision hold value and can it be submitted for insurance purposes?

According to the provisions of Article 16 of Decree 28/2015/ND-CP, the dossier for requesting unemployment benefits includes:

  1. Request for unemployment benefits (according to the form).

  2. The original or certified copy of one of the following documents:

- Expired labor contract or work contract or completion of work according to the labor contract;

- Termination decision;

- Dismissal decision;

- Disciplinary decision forcing termination;

- Notification or agreement to terminate the labor contract or work contract.

  1. Social insurance book.

Thus, the termination decision is one of the required documents for employees to complete the procedure to request unemployment benefits.

In this case, you need to review the company's charter to determine whether the director has the authority to sign this document to establish whether the termination decision signed by the director is valid in the absence of the general director.

Best regards!

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