Latest procedures for terminating the unemployment allowance receipt in Vietnam

Latest procedures for terminating the unemployment allowance receipt in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows:

On March 29, 2024, the Ministry of Labor, War Invalids and Social Affairs issued Decision 351/QD-BLDTBXH on announcing amended employment-related administrative procedures under the Ministry of Labor, War Invalids and Social Affairs.

Latest procedures for terminating the unemployment allowance receipt in Vietnam 

(1) Procedures:

- Step 1:

+ For employees who stop receiving unemployment allowances in cases such as having found a new job; being conscripted to join the army and the public security force; receiving monthly pensions; starting the study period of 12 months or more, within 03 working days from the date of termination of unemployment benefits, they must notify the employment service center where they are receiving unemployment benefits according to regulations and provide relevant documents related to the termination of unemployment allowance receipts (photocopies). The employment service center where the employee is receiving unemployment allowances will submit the decision to terminate the unemployment allowance receipt to the Director of the Department of Labor - Invalids and Social Affairs for approval.

+ For employees who stop receiving unemployment allowances in cases such as refusing job offers twice without valid reasons from the employment service center where they are receiving unemployment allowances; not reporting monthly job search activities to the employment service center continuously for 03 months during the period of receiving unemployment allowances; settling abroad, working under a contract abroad; being fined for administrative violations related to unemployment insurance laws; having passed away; being subject to measures of compulsory education in reform schools, compulsory educational institutions, compulsory rehabilitation institutions; being declared missing by a court; being detained, serving a prison sentence, the employment service center where the employees are receiving unemployment allowances will submit the decision to terminate the unemployment allowance receipt to the Director of the Department of Labor - Invalids and Social Affairs for approval.

- Step 2: The Director of the Department of Labor—Invalids and Social Affairs shall issue a decision to terminate the unemployment allowance receipt according to the Form No. 24 issued with Circular 15/2023/TT-BLDTBXH.

- Step 3: The decision to terminate the unemployment allowance receipt is sent by the employment service center: 01 copy to the Provincial Social Insurance to carry out the termination of the unemployment allowance receipt for the employees; 01 copy to the employees.

(2) Implementation method: For employees who stop receiving unemployment allowances due to having found a new job; being conscripted to join the army and the public security force; receiving monthly pensions; starting the study period of 12 months or more, they must notify the employment service center where they are receiving unemployment allowances and provide a certified copy of the relevant documents related to the termination of the unemployment allowance receipt. If the documents are sent by post, the date on the postmark will be considered.

(3) Document requirements:

For cases where the employees need to notify the employment service center where they are receiving unemployment allowances according to regulations:

* Notification from the employees regarding the termination of the unemployment allowance receipt according to Form No. 23 issued with Circular 15/2023/TT-BLDTBXH.

* Supporting documents proving that the employees are eligible for the termination of the unemployment allowance receipt. This includes one of the following documents:

- Decision to receive unemployment allowances (to calculate the termination period).

- Recruitment decision or appointment decision or employment contract or work contract or business registration certificate or enterprise registration certificate for cases where the employees have not reached the end of the entitlement period but have found a job

- Summons for conscription into the army and the police for cases subject to the conscription

- Decision to receive pension.

- Documents proving the employees have refused job offers twice without valid reasons from the employment service center.

- Documents proving that the employees have not reported job search activities continuously for 03 months.

- Documents proving that the  employees are residing abroad (verified by the Commune, Ward, Town...).

- Enrollment letter for studies in Vietnam. For cases of studying abroad, documents proving the departure must be provided.

- Decision on administrative fines for violations of unemployment insurance laws by competent authorities.

- Documents proving the employees receiving unemployment benefits have passed away (death certificate, verification by the Commune, Ward, Town...).

- Decision on applying administrative measures at reform schools, educational institutions, compulsory rehabilitation institutions by competent authorities.

- Court's decision declaring the employees missing.

- Decision on temporary detention, serving a prison sentence by competent authorities.

(4) Administrative procedure implementing agency:

- The authority that has the competence to make decisions according to regulations: Director of the Provincial Department of Labor—Invalids and Social Affairs.

- The agency directly carrying out the administrative procedures: Employment service center.

(5) Requirements and conditions for implementing administrative procedures:
 
Employees who stop receiving unemployment allowances in the following cases:

- The unemployment allowance entitlement period expires according to the decision on receiving unemployment allowances.

- Having found a new job.

- Being conscripted to join the army and the public security force.

- Receiving monthly pensions.

- Refusing job offers twice without valid reasons from the employment service center that is providing unemployment allowances.

- Not reporting monthly job search activities to the employment service center continuously for 03 months during the period of receiving unemployment benefits.

- Settling abroad, working under a contract abroad.

- Starting the study period of 12 months or more.

- Being fined for administrative violations related to unemployment insurance laws.

- Having passed away.

- Being subject to measures of compulsory education in reform schools, compulsory educational institutions, and compulsory rehabilitation institutions.

- Being declared missing by a court.

- Being detained, serving a prison sentence.

More details can be found in Decision 351/QD-BLDTBXH, taking effect on March 29, 2024

Ho Quoc Tuan

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