Hanoi-Vietnam: Newest procedures for receiving unemployment benefits in 2019

Step

Content

Legal basis

Prepare the application

1. Request for receiving unemployment benefit according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

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

a) The employment contract or working contract has expired or the work has been completed under the employment contract;

b) Decision on resignation;

c) The dismissal decision;

d) Disciplinary decisions on forced dismissal;

dd) Notice or agreement on termination of the employment contract or working contract.

In case the employee participates in unemployment insurance for a seasonal employment contract or a certain job with a term of from full 03 months to less than 12 months, the paper certifying the termination of the employment contract is the original or a certified copy of such contract.

3. The social insurance book that has been finalized by the social insurance agency of the district/district/city for payment of unemployment insurance and social insurance (original and photocopy)

4. Identity card (photocopy).

Article 16 of Decree No. 28/2015/ND-CP

Submit the application

1. Within 03 months from the date of termination of the employment contract or working contract, the unemployed employee wishing to receive unemployment benefits must directly submit 01 set of application for receiving unemployment benefits in accordance with regulations to the local employment service center where the employee wishes to receive unemployment benefits.

2. An employee may authorize another person to submit a application or send a application by post if it falls into one of the following cases:

a) Having sickness or maternity certification by a competent medical facility;

b) Suffering from an accident certified by the traffic police or a competent medical establishment;

c) Facing fire, flood, earthquake, tsunami, enemy sabotage, epidemic certified by the Chairman of the People's Committee of the commune, ward, or township.

The date of submission of the application for receiving unemployment benefits in the above cases is the date on which the authorized person directly submits the application or the date inscribed on the postmark in case of sending by post.

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

Process the application

Within 20 working days from the date of receipt of a complete application, as prescribed, in case the application for receiving unemployment benefits sent by post, the date of receipt of the application shall be counted as the date of delivery inscribed on the postmark.

The time to enjoy unemployment benefits for employees is from the 16th working day from the date of submission of the application for receiving unemployment benefits.

Clause 2, Article 46 of the Law on Employment 2013 and Clause 1, Article 18 of Decree 28/2015/ND-CP

Get the decision

After 02 working days from the date of appointment to return the result, if the employee does not come to receive the decision on unemployment benefits, it is considered that there is no need to enjoy unemployment benefits, the employment service center shall submit to the Director of the Department of Labor, War Invalids and Social Affairs for decision on cancellation of the decision on unemployment benefits of employees.

Clause 3, Article 18 of Decree No. 28/2015/ND-CP