Procedure for Registration and Submission of Unemployment Benefits Application

Regarding unemployment benefits, the Employment Law of 2013 stipulates as follows:

Unemployment Benefits – Article 46

1. Within 03 months from the date of termination of the labor contract or work contract, the employee shall submit an application for unemployment benefits at the employment service center established by the state employment management agency.

2. Within 20 days from the date of receipt of a complete application by the employment service center, the competent state authority shall issue a decision on the entitlement to unemployment benefits; if the conditions for enjoying unemployment benefits are not met, the employee must be notified in writing.

3. The social insurance organization shall make the unemployment benefit payment to the employee within 05 days from the date of receiving the decision on unemployment benefit entitlement.

Conditions for Entitlement – Article 49

The employee specified in Clause 1, Article 43 of this Law who is paying unemployment insurance premiums shall be entitled to unemployment benefits when the following conditions are met:

1. Termination of the labor contract or work contract, except in the following cases:

   a) The employee unilaterally terminates the labor contract or work contract illegally.

   b) Receiving a pension, monthly loss of working capacity allowance.

2. Having paid unemployment insurance premiums for at least 12 months during the 24 months before terminating the labor contract or work contract for cases specified in Point a and Point b, Clause 1, Article 43 of this Law; having paid unemployment insurance premiums for at least 12 months during the 36 months before terminating the labor contract for cases specified in Point c, Clause 1, Article 43 of this Law.

3. Has submitted an application for unemployment benefits at the employment service center as prescribed in Clause 1, Article 46 of this Law.

Documents for unemployment insurance benefits include:

- An application for unemployment insurance benefits.

- A copy of the expired labor contract, work contract, or agreement to terminate the labor contract, work contract, or certification from the last employer before unemployment.

- Social Insurance book with confirmed social insurance payment.

4. Has not found employment after 15 days from the date of submitting the application for unemployment insurance benefits, except for the following cases:

   a) Performing military service or police duty.

   b) Attending a training course for 12 months or longer.

   c) Complying with a decision to apply measures for admission to a reform school, compulsory education institution, or compulsory rehabilitation facility.

   d) Detained; serving a prison sentence.

   e) Emigrating abroad; working abroad under a contract.

   f) Deceased.

Unemployment Benefit Levels, Duration, and Timing – Article 50

1. The monthly unemployment benefit level is 60% of the average monthly salary on which unemployment insurance premiums were based for the 06 consecutive months before unemployment, but not exceeding 05 times the statutory pay rate for employees subject to wage policies regulated by the State or not exceeding 05 times the regional minimum wage as stipulated in the Labor Code for employees paying unemployment insurance premiums based on wages determined by the employer at the time of terminating the labor contract or work contract.

2. The duration of unemployment benefits is calculated based on the number of months of unemployment insurance premium payments: for every full 12 months to 36 months, 03 months of unemployment benefits are provided, subsequently, for every additional 12 months, an additional 01 month of benefits is provided but not exceeding 12 months in total.

3. The timing for enjoying unemployment benefits starts from the 16th day from the date of submitting the complete application for unemployment benefits as stipulated in Clause 1, Article 46 of this Law.

Source: doisongphapluat.com

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