Do I need to submit the original resignation decision to receive unemployment benefits in Vietnam?

Do I need to submit the original resignation decision to receive unemployment benefits in Vietnam?

Pursuant to Article 16 of Decree 28/2015/ND-CP as amended by Clause 6, Article 1 of Decree 61/2020/ND-CP stipulating application for unemployment benefit as follows:

1. A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.

2. The primary or certified true copy, or the duplicate copy submitted along the primary copy for checking purposes, of one of the following documents certifying the termination of the labor or employment contract:

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

b) Resignation acceptance decision;

c) Dismissal decision;

d) Decision on imposition of disciplinary sanction in the form of dismissal;

dd) Notice of or agreement on termination of the labor or employment contract;

e) 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.

g) 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;

h) In case the employee does not have the documents certifying the termination of the labor contract because the employer’s unit has no legal representative and the person authorized by the legal representative, the following steps must be taken:

Department of Labor - Invalids and Social Affairs or provincial-level Social Insurance agency sends a written request to the Department of Planning and Investment to certify that the employer does not have a legal representative or no person authorized by the legal representative.

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.

Department of Planning and Investment sends a written response to the Department of Labor - Invalids and Social Affairs or provincial-level 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 Department of Labor - Invalids and Social Affairs or provincial-level Social Insurance agency.

i) In case where the employee participates in the unemployment insurance plan under the provisions of Point c, Clause 1, Article 43 of the Law on Employment, the document certifying the termination of the seasonal or piecework labor contract with the term ranging from 03 months to less than 12 months must be the primary copy or the certified true copy or the duplicate copy enclosing the primary copy for checking of such contract.

3. Social insurance books

social insurance organizations shall certify the premium payment of unemployment insurance and return the social insurance book to employees within 05 working days from receipt of the request of the employers.

Employers being agencies, units and enterprises of the Ministry of National Defense, the Ministry of Public Security shall, within 30 days, social insurance of the Ministry of National Defense , social insurance of the people’s public security forces shall certify the premium payment of unemployment insurance and return the social insurance book to employees from the date of receipt of the request of the employers.

Thus, when you submit your application for unemployment benefits, you do not need to submit the original resignation decision, but only need to submit a certified true copy, or the duplicate copy with the original for comparison in Vietnam.

In which cases are employees entitled to authorize another person to submit the application for unemployment benefit in Vietnam?

According to Article 17 of Decree 28/2015/ND-CP as amended by Clause 7, Article 1 of Decree 61/2020/ND-CP, submission of application for unemployment benefit is as follows:

1. Within 03 months from the date of termination of labor contract or working contract, employees who have no jobs and need unemployment benefit shall directly submit 01 application for unemployment benefits in accordance with the provisions of Article 16 of this Decree to employment service center in the locality where employees want to receive unemployment benefits.

2. Employees are entitled to authorize another person to submit the application by post in one of the following cases:

a) Sickness, Maternity certified by a competent medical facility;

b) Accident certified by traffic policemen or competent medical facilities;

c) Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.<0}

Submission date of application for unemployment benefits in the above cases shall be the date the authorized person directly submit the application or the date of the postmark in case of submission by post

3. Employment service centers shall receive, inspect the applications, record the appointment paper of reply in the form defined by the Minister of Labor, War Invalids and Social Affairs and give it directly to the applicants application or sent by post to the applicants submitting the application by post; if the applications are not in accordance with the provisions of Article 16 of this Decree, employment service centers shall return to the applicants and state clearly the reason.

4. Within 15 working days from the date of submission of application for unemployment benefit, if the employee does not wish to receive his/her unemployment benefit, the employee must directly, or authorize another person to, submit the written request for refusal to receive unemployment benefit to the employment service center at the place where the employee has submitted the application for unemployment benefit.

According to this Article, an employee may authorize another person to submit an application for unemployment benefit when falling into one of the cases specified above in Vietnam.

Best Regards!