If there is over the prescribed time limit, can I get unemployment allowance in Vietnam?

If there is over the prescribed time limit, can I get unemployment allowance in Vietnam?

Article 46 of the Employment Law 2013 provides for receipt of unemployment allowance, specifically as follows:

1. Within 3 months after terminating his/her labor contract or working contract, a worker shall submit a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment.

2. Within 20 days after the employment service center receives a complete dossier, the competent state agency shall issue a decision on unemployment allowance receipt; in case the worker is ineligible for receiving unemployment allowance, the center shall issue a written reply to the worker.

3. The social insurance organization shall pay unemployment allowance to the worker within 5 days after receiving a decision on unemployment allowance receipt.

According to this Article, with the information you provide, you have paid insurance for 3 years and 4 months, so you have met the conditions for the time to participate in insurance to enjoy unemployment allowances in Vietnam, but up to this point you have exceeded the time limit for receiving unemployment allowances by 06 months. Therefore, you will not be able to receive unemployment allowances.

What does application for unemployment benefit in Vietnam comprise? 

According to Clause 2, Article 16 of Decree No. 28/2015/ND-CP on application for unemployment benefit, according to which:

2. An original or certified true copy of one of the following documents certifying the termination of the labor contract or working contract:

The labor contract or working contract expired or terminated under its term;

b) The resignation decision;

c) The dismission decision;

d) Disciplinary decisions on dismissal;

dd) The written notice or agreement of termination of the labor contract or working contract.

If employees participate in unemployment insurance under the provisions of Point c, Paragraph 1 of Article 43 of the Law on Employment, the documents certifying the termination of the labor contract under seasonal work or under a certain job from full 03 months to less than 12 months shall be the original or certified true copy of such contract.

Thus, in order to receive unemployment benefits, you must make an application to receive unemployment benefits including all the above-mentioned documents in Vietnam.

Best Regards!