Who has the authority to make decisions about unemployment benefits in Vietnam?
Who has the authority to make decisions about unemployment benefits in Vietnam? If I do not notify about the job search, will my unemployment benefits be suspended in Vietnam?
Hi, I just applied for unemployment benefits, I want to know who is competent to decide on my unemployment benefits?
1. Who has the authority to make decisions about unemployment benefits in Vietnam?
Pursuant to Article 18 of Decree 28/2015/ND-CP has the following provisions:
1. Employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on unemployment benefits of employees within 20 working days from receipt of a satisfactory application in accordance with regulations, if the application is submitted by post, the date of receipt shall be the date stamped on the postmark.
If employees have not found jobs within 15 working days from the date of submission of application for unemployment benefits decided on unemployment benefit by the Director of the Services of Labour, War Invalids and Social Affairs, the employment service centers shall certify the settlement of unemployment benefits of employees in the social insurance boos and return to the employees along with the decision of unemployment benefits after snapping the social insurance books for records.
The time of unemployment benefits of employees shall be calculated from the 16th working day from the date of submission of the application for unemployment benefits.
Decision on unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance in central-affiliated cities and provinces (hereinafter referred to as provincial social Insurance) to pay unemployment benefits and grant health insurance cards for employees; 01shall be sent to employees who are entitled to unemployment benefits. Decision on unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .
If employees are not entitled to unemployment benefits, the employment service center must notify in writing and clearly state the reasons.
2. Payment of unemployment benefit
a) Social insurance organization shall pay unemployment benefit for the first month of the employees within 05 working days from receipt of the decision of unemployment benefits;
b) Social insurance organizations shall pay unemployment benefit for the employees from the second unemployment benefit month onwards within 05 working days from the 07th day of the month of unemployment benefit if they do not receive a decision of suspension or termination of unemployment benefit for the employees. If the above 07th day is a holiday, the payment deadline of unemployment benefits shall be the next working day.
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Thus, according to the above regulations, the Director of the Services of Labour, War Invalids and Social Affairs is the person who has the authority to decide on the enjoyment of your unemployment benefits.
2. If I do not notify about the job search, will my unemployment benefits be suspended in Vietnam?
In Article 19 of Decree 28/2015/ND-CP, there are provisions on the suspension of unemployment benefits as follows:
1. Employees who are unemployment benefits must notify about finding employment under the provisions of Article 52 of the Law on Employment.
2. Within 02 working days from the date the employees do not notify about finding employment monthly as prescribed, employment service center where the employees are receiving unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the temporary suspension of unemployment benefits of the employees.
Decision on temporary suspension of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to temporarily suspend the unemployment benefits for employees ; 01shall be sent to employees. Decision on temporary suspension of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .
According to this Article, if the employee fails to come to notice of his/her monthly job search within 2 working days, the employee may be suspended from enjoying unemployment benefits of the employee.
Best Regards!
