To assist our customers in grasping the current regulations on unemployment benefits to ensure their rights, we kindly introduces the complete conditions, documents, and procedures for receiving unemployment benefits in the article below.
Article table of contents
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1. Conditions for Unemployment Benefits
Legal basis: Article 49 Law on Employment 2013.
To receive unemployment benefits, workers must concurrently meet the following conditions:
- Terminate the labor contract or working contract, except in the following cases:
+ The worker unilaterally terminates the labor contract or working contract illegally;
+ Benefit from a monthly pension or a monthly allowance for loss of working capacity;
- Paid unemployment insurance for at least:
+ 12 months in the 24 months before terminating the labor contract for cases of labor contracts with determined and undetermined terms.
+ 12 months in the 36 months before terminating the labor contract for cases of seasonal labor contracts or specific jobs with a term of 03 months to less than 12 months.
- Registered as unemployed and submitted the application for benefits at the Employment Service Center.
- Unable to find a job within 15 days from the date of submitting the application for unemployment benefits, except in the following cases:
+ Performing military or public security service;
+ Studying with a duration of 12 months or more;
+ Complying with the decision to apply measures to send to reform schools, compulsory education institutions, compulsory detoxification institutions;
+ Being detained; serving a prison sentence;
+ Emigrating abroad; working overseas under contract;
+ Deceased.
2. Application for Unemployment Benefits:
Legal basis: Article 16 Decree 28/2015/ND-CP.
Employees prepare the application for unemployment benefits, including:
- Application for unemployment benefits according to Form No. 03 issued together with Circular 28/2015/TT-BLDTBXH dated July 31, 2015, of the Ministry of Labor, War Invalids and Social Affairs;
- Original or certified copy of the expired labor contract or working contract; decision to terminate the contract, dismissal decision, or disciplinary decision to terminate the contract, or notification or agreement to terminate labor contract or working contract;
- Social insurance book;
- 2 photos of size 3 x 4;
- Photocopy of ID card, citizen ID card, household registration book/temporary residence book if submitting the application at the place of residence, along with the original for comparison.
3. Procedures for Unemployment Benefits:
Legal basis: Articles 17 and 18 Decree 28/2015/ND-CP.
Step 1. Within 3 months from the date of terminating the labor contract or working contract, unemployed workers who desire to receive unemployment benefits must directly submit 01 set of documents to the local Employment Service Center where they want to receive unemployment benefits.
Step 2. Time for processing the application:
- Within 15 working days from the date of submission, if the worker has not found a job, the Employment Service Center will confirm and process the application for unemployment benefits.
- Within 20 working days from the date of submission, Employment Service Center will issue a decision to approve the payment of unemployment benefits along with the confirmed social insurance book to the worker.
- If the worker is not eligible for unemployment benefits, Employment Service Center must notify in writing and state the reason.
- The calculation date for receiving unemployment benefits: The 16th day from the date of submission of the application.
Step 3. Receive unemployment benefit payments
- Within 5 working days from the date of the decision to approve the payment, the local social insurance agency will pay the first month's unemployment benefits along with the health insurance card to the worker.
- Monthly, the social insurance agency will pay unemployment benefits within 12 days from the benefit month date unless there is a decision from the worker to suspend or terminate the unemployment benefits.
Example:
- On March 1, 2020, the worker submits the application for unemployment benefits at TTGTVL.
- On March 20, 2020, Employment Service Center issues the Decision for unemployment benefits.
- The start date for calculating unemployment benefits is March 16, 2020.
- The first month's unemployment benefits payment date of the social insurance agency: From March 20 – 25, 2020.
- The second month's unemployment benefits payment date: From April 16 – 27, 2020.
Step 4: Monthly job search notification of the worker
Every month, the worker must go to the Employment Service Center to report on the job search during the period of receiving unemployment benefits (following the appointment schedule attached to the Unemployment Benefit Decision).
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