Settlement of unemployment benefits in Vietnam under Decree 28/2015

Settlement of unemployment benefits in Vietnam under Decree 28/2015 (Internet image)

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

1. Settlement of unemployment benefits in Vietnam under Decree 28/2015

Settlement of unemployment benefits under Article 18 of Decree 28/2015/ND-CP (Decree 61/2020/ND-CP) is as follows:

- Employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on unemployment benefits of employees within 20 working days from receipt of a satisfactory application in accordance with regulations, if the application is submitted by post, the date of receipt shall be the date stamped on the postmark.

If employees have not found jobs within 15 working days from the date of submission of application for unemployment benefits decided on unemployment benefit by the Director of the Services of Labour, War Invalids and Social Affairs, the employment service centers shall certify the settlement of unemployment benefits of employees in the social insurance boos and return to the employees along with the decision of unemployment benefits after snapping the social insurance books for records.

The time of unemployment benefits of employees shall be calculated from the 16th working day from the date of submission of the application for unemployment benefits.

Decision on unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance in central-affiliated cities and provinces (hereinafter referred to as provincial social Insurance) to pay unemployment benefits and grant health insurance cards for employees; 01shall be sent to employees who are entitled to unemployment benefits.

Decision on unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

If employees are not entitled to unemployment benefits, the employment service center must notify in writing and clearly state the reasons.

- Payment of unemployment benefit

+ Social insurance organization shall pay unemployment benefit for the first month of the employees within 05 working days from receipt of the decision of unemployment benefits;

+ Social insurance organizations shall pay unemployment benefit for the employees from the second unemployment benefit month onwards within 05 working days from the 07th day of the month of unemployment benefit if they do not receive a decision of suspension or termination of unemployment benefit for the employees. If the above 07th day is a holiday, the payment deadline of unemployment benefits shall be the next working day.

- Within 03 working days inscribed in the appointment note to inform application processing results according to Form No. 01 issued together with Decree 28/2015/ND-CP, if the employee does not come to pick up the decision on entitlement to unemployment benefit or does not authorize any other to do so without notifying the employment service center of the acceptable reasons for not turning up for the decision, he/she shall be deemed as no need for unemployment benefit.

Within 02 working days from the deadline for the employee’s picking up the decision stated in the appointment note, the employment service center shall request the Director of the Department of Labor - Invalids and Social Affairs to issue the decision on revocation of the decision on the employee’s entitlement to unemployment benefit using Form No. 02 issued together with Decree 28/2015/ND-CP.

Decision on revocation of the decision on the employee’s entitlement to the unemployment benefit which is sent by the employment service center shall include 01 copy sent to the provincial social insurance agency so as to prevent them from paying the unemployment benefit to the employee; 01 copy sent to the employee.

- Within 02 working days from the date of expiration of receipt of the decision of unemployment benefits, the employees are still entitled to receive or authorize others to receive the decision if they are in one of the following cases :

+ Sickness,  Maternity certified by competent medical facility;

+ Accident certified by traffic policemen or competent medical facilities;

+ Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.

- Time for payment of unemployment insurance premium of employees in case of cancellation of decision of unemployment benefits referred to in paragraph 3 of Article 18 of Decree 28/2015/ND-CP shall be accumulated under the provisions of Paragraph 1, Article 45 of the Law on Employment for the next receipt of unemployment benefit.

- Within 03 months from the date of expiry of unemployment benefit of the employees under the decision of unemployment benefits, but the employees do not receive unemployment allowance and notify in writing to the social insurance organization where they are receiving  unemployment allowance, such employees shall be determined to have no need for unemployment benefits.

Time of payment of unemployment insurance premium corresponding to the unemployment allowance that the employees do not to get shall be stored as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.

Within 07 working days after the above duration, the social insurance organizations must notify in writing to the employment service center where the employees are receiving unemployment benefits about their failure to receive unemployment allowance.

Notification of failure to receive unemployment allowance shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.

Within 10 working days from receipt of the notice of the social insurance organization, employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on reservation of the period of premium payment of unemployment insurance for employees.

Decision on reservation of period of payment of unemployment insurance premiums shall be sent by employment service center as follows: 01 shall be sent to the provincial Social Insurance to reserve the period of payment of unemployment insurance premium for the employees; 01shall be sent to employees.

Decision on preservation of period of payment of unemployment benefit premium shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

- Period of receipt of unemployment benefits shall be calculated based on months of payment of unemployment insurance premiums as defined in paragraph 2 of Article 50 of the Law on Employment.

Employees who have paid unemployment insurance over 36 months, the months that have not settled the unemployment benefits shall be reserved as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.

2. Regulations on submission of application for unemployment benefit in Vietnam

Regulations on submission of application for unemployment benefit in Vietnam under Article 17 of Decree 28/2015/ND-CP are as follows:

- 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 Decree 28/2015/ND-CP to employment service center in the locality where employees want to receive unemployment benefits.

- Employees are entitled to authorize another person to submit the application by post in one of the following cases:

+ Sickness, Maternity certified by a competent medical facility;

+ Accident certified by traffic policemen or competent medical facilities;

+ Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.

Submission date of application for unemployment benefits in the above cases shall be the date the authorized person directly submit the application or the date of the postmark in case of submission by post

- Employment service centers shall receive, inspect the applications, record the appointment paper of reply in the form defined by the Minister of Labor, War Invalids and Social Affairs and give it directly to the applicants application or sent by post to the applicants submitting the application by post;

If the applications are not in accordance with the provisions of Article 16 of Decree 28/2015/ND-CP, employment service centers shall return to the applicants and state clearly the reason.

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