From July 15, 2020, individuals in Vietnam having the below documents will be entitled to unemployment benefits

From July 15, 2020, individuals in Vietnam having the below documents will be entitled to unemployment benefits (Internet image)

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.

 APPLICATION FOR UNEMPLOYMENT BENEFITS  

Regulations on application for unemployment benefit as of July 15, 2020 are as follows:

1. Application for unemployment benefits (Form 03 issued with Circular 28/2015/TT-BLDTBXH);

2. Social insurance book;

3. 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:

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

- Resignation acceptance decision;

- Dismissal decision;

- Decision on imposition of disciplinary sanction in the form of dismissal;

- Notice of or agreement on termination of the labor or employment contract;

- 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. (not regulated in Circular 28/2015/TT-BLDTBXH)

- 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; (not regulated in Circular 28/2015/TT-BLDTBXH)

- 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 2013, 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

In addition to the above documents, 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 (not regulated in Circular 28/2015/TT-BLDTBXH): 

+ 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.

- 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

Thus, from July 15, 2020, in addition to the application for unemployment benefits, social insurance books and if there are no documents such as: expired employment contracts; resignation acceptance decision; dismissal decision; notice of or agreement on termination of the labor or employment contract, the employee only needs to have a certificate confirming the termination of the employment contract/working contract is still accepted as a basis for receiving unemployment benefits.

Le Hai

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