PROCEDURES AND PROCESSES FOR RECEIPT OF UNEMPLOYMENT BENEFIT?

Legal grounds

Law on Employment 2013;

(ii) Decree 28/2015/ND-CP dated 12 March 2015;

(iii) Decree 61/2020/ND-CP dated 29 May 2020.

1. Application dossier for unemployment benefit

Dossier for unemployment benefit includes:

(i) An application form for unemployment benefit (under the form prescribed by the Ministry of Labour, Invalids and Social Affairs);

(ii) An original or notarized copy of the expired labour contract or employment contract; decision on termination of employment or decision on dismissal or disciplinary decision on termination of employment or notice or agreement on termination of the labour contract or labour contract; and

(iii) An original social insurance book,

2. Procedures for receiving unemployment benefits

(i) Within 03 months upon the date of termination of the labour contract or employment contract, the employees have not had a job and wish to receive unemployment benefit, they must directly submit 01 dossier to the Employment Service Center in the place that they want to receive unemployment benefit.

(ii) Settlement of unemployment benefit:

Within 15 working days upon the submission date of dossier,, if the employee has not found a job, the Employment Service Center will confirm the settlement of the application for unemployment benefit;

Within 20 working days upon the submission date of the dossier, the Employment Service Center shall issue a decision on approval of unemployment benefit payment together with the social insurance book to the employee;

In case the employee is not entitled to unemployment benefit, the Employment Service Center must notify in writing with clear reason responses;

Time to calculate the unemployment benefit: 16th day from the submission date of the dossier.

(iii) Receiving unemployment benefit payment:

Within 5 working days from the issuance date of the decision approving the payment of unemployment benefit, the local social insurance agency shall pay the first month benefit to the employee together with the health insurance card;

Every month, the social insurance agency shall pay the unemployment benefit within 12 days upon the date of receiving the unemployment benefit of that month if it does not have a decision on suspension or termination of unemployment benefit.

*Note: According to the appointment schedule, every month, the employee must go to the Employment Service Center to notify them about finding a job while receiving the unemployment benefit.

ADK & Co Vietnam Lawyers Law Firm