Latest application on the settlement of unemployment allowances in Vietnam

Latest application on the settlement of unemployment allowances in Vietnam (Internet image)

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

Latest application on the settlement of unemployment allowances in Vietnam 

The latest application on settlement of unemployment allowances in Vietnam is specified in Decision 351/QD-BLDTBXH in 2024, including:

(1) Application for receiving unemployment allowances using Form 03 issued together with Circular 15/2023/TT-BLDTBXH. In case the worker does not wish to receive unemployment allowances, they should submit a request not to receive unemployment allowances using Form 08 issued together with Circular 15/2023/TT-BLDTBXH.

(2) Original or authenticated copy, or a copy attached with the original for verification, of one of the following documents confirming the termination of the employment contract or work contract:

- Expired employment contract or work contract according to the terms of the contract.

- Termination decision.

- Dismissal decision.

- Disciplinary decision leading to termination.

- Notice or agreement on termination of the employment contract or work contract.

- Confirmation from the employer specifying the employee's information, type of signed labor contract, reasons, and date of termination of the employment contract.

- Confirmation from a competent state agency regarding the dissolution, bankruptcy of the enterprise or cooperative, or the dismissal, exemption, or removal of appointed positions in case the worker is a manager of the enterprise or cooperative.

- In case the worker does not have the above-mentioned documents due to the lack of legal representative or authorized person of the employing unit, the following procedure should be followed:

The employees at the employing unit, without a legal representative or an authorized person, submit a request to the Department of Labor, War Invalids and Social Affairs or Provincial Social Insurance to confirm the termination of the employment contract or work contract for the purpose of receiving unemployment insurance benefits.

The Department of Labor, War Invalids, and Social Affairs, or Provincial Social Insurance, sends a request to the Department of Planning and Investment to confirm that the employing unit does not have a legal representative or an authorized person.

The Department of Planning and Investment is responsible for coordinating with the tax agency, police agency, and local government where the employing unit's headquarters is located to verify the absence of a legal representative or an authorized person.

The Department of Planning and Investment sends a written response to the Department of Labor, War Invalids, and Social Affairs and the Provincial Social Insurance regarding the absence of a legal representative or an authorized person within 10 working days from the date of receiving the request from the Department of Labor, War Invalids, and Social Affairs or the Provincial Social Insurance.

- Confirmation document for the termination of labor contracts for seasonal work or specific term contracts lasting from 3 months to less than 12 months should be the original or authenticated copy, or a copy attached with the original of the contract for verification, in cases where the employee participates in unemployment insurance when working under seasonal work or specific term contracts lasting from 3 months to less than 12 months.

(3) Social insurance book.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE