Does a person need to submit a labor contract with the unemployment benefit documents in Vietnam?

Does a person need to submit a labor contract with the unemployment benefit documents in Vietnam?

I signed a fixed-term labor contract with the company. Before the contract expired, I violated it and was fired by the company. I have received the termination decision and now I want to apply for unemployment benefits. I'm not sure if I need to submit the signed labor contract with the company or just the termination decision.

Answer: Based on Article 16 of Decree No. 28/2015/ND-CP and Clause 6 of Article 1 of Decree No. 61/2020/ND-CP, the documents required for applying for unemployment benefits include:

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;

...

Therefore, the documents required for applying for unemployment benefits only include submitting the labor contract when the labor contract has expired. Specifically, for example, if you work for a company with a 12-month labor contract and the contract expires, and the company does not sign a new contract, then you only need to submit the expired labor contract when applying for unemployment benefits.

In your case, you only need to submit the dismissal decision as specified above, and you do not need to submit the labor contract.

Does a person need to submit a labor contract with the unemployment benefit documents in Vietnam? (Image from the Internet)

Can a person apply for unemployment benefits in Vietnam in the countryside while working in the city?

I work in Ho Chi Minh City, but due to the pandemic, the company agreed to terminate my labor contract. Now I have returned to my hometown in An Giang. Can I apply for unemployment benefits in my hometown or do I have to go back to the city?

Answer: Clause 1, Article 17 of Decree No. 28/2015/ND-CP stipulates:

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.

According to this regulation, if you want to receive unemployment benefits in your hometown, you can submit the application documents to the local employment service center without necessarily submitting them in the city.

Is it mandatory to submit the original decision to terminate the labor contract when applying for unemployment benefits in Vietnam?

I have a decision to terminate the labor contract. Do I need to submit the original document for applying for unemployment benefits? Please advise.

Answer: Based on Article 16 of Decree No. 28/2015/ND-CP and Clause 6 of Article 1 of Decree No. 61/2020/ND-CP, the documents required for applying for unemployment benefits are as follows:

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;

...

According to this regulation, your decision to terminate the labor contract can be submitted directly as the original document, or a certified copy or a copy attached to the original for comparison. You can choose the most convenient method to comply with the regulations.

Best regards!