• QUESTION AND ANSWER
Sender:
From the reader
Email:
msstranglamg@gmail.com
Send Date:
20/11/2020
Fields:
FAQ
Status
Replied
Content:

What are the procedures to claim the unemployment benefits? I’m looking forward to your answer.

Answer by:
VSS
Answer Date:
24/11/2020
File attachment:
Answer:

Procedures for dossiers of unemployment allowance entitlement are specified in Article 16 of Decree No. 28/2015/ND-CP dated March 12, 2015 and Clause 6, Article 1 of Decree No. 61/2020/ND-CP dated May 29/2020 of the Government, including:

1. A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.

2. An original or certified true copy of one of the following documents certifying the termination of the labor contract or working contract:

a) The labor contract or working contract expired or terminated under its term;

b) The resignation decision;

c) The dismission decision;

d) Disciplinary decisions on dismissal;

dd) The written notice or agreement of termination of the labor contract or working contract.

e) An employer's certification that contains specific information about the employee; type of labor contract signed; the reason and time of terminating the labor contract for the employee;

g) Certification of competent state authority that the enterprise or cooperative dissolves or goes bankrupt or decision on dismissal for the appointed positions in case the employees are business managers, or cooperative managers;

h) In case the employee does not have the documents confirming the termination of the labor contract because the employer does not have a legal representative and the person authorized by the legal representative, apply the following process:

The provincial Department of Labor, Invalids and Social Affairs or social insurance agency shall send a written request to the Department of Planning and Investment to confirm that the employer has no legal representative or anyone authorized by law.

The Department of Planning and Investment is responsible for coordinating with the tax authorities, police agencies, and local authorities where the head office of the employer is located in verifying the contents that the employer does not have any legal representative or any person authorized by legal representative.

The Department of Planning and Investment shall send a written reply to the provincial Department of Labor, Invalids and Social Affairs and social insurance agency about the contents of the employer that has no legal representative or anyone authorized by legal representative within 10 working days from the date of receipt of the written request for confirmation from the Department of Labor, Invalids and Social Affairs or the provincial social insurance agency.

i) In case the employee participates in unemployment insurance as prescribed at Point c, Clause 1, Article 43 of the Law on Employment, seasonal or job-based working contracts with a term of between full 3 months and under 12 months: In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.

3. Social insurance book.

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