Issue detailed regulations on unemployment benefits for workers

The Government has just issued Decree No. 28/2015/ND-CP detailing the implementation of a number of articles of the Law on Employment on unemployment insurance; in which, the Decree specifically regulates unemployment benefits for workers.

Resolving unemployment insurance policies at the Hung Yen Employment Exchange. (Photo: Anh Tuan/Vietnam+)

According to regulations, the application for unemployment benefits includes a social insurance book; an application for unemployment benefits according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs; an original or certified copy of one of the following documents confirming the termination of the labor contract or employment contract: The labor contract or employment contract has expired or the work under the labor contract has been completed; Decision to terminate employment; Decision to dismiss; Decision to discipline and force termination; Notice or agreement to terminate the labor contract or employment contract.

In case an employee participates in unemployment insurance as prescribed in Point c, Clause 1, Article 43 of the Law on Employment, the document confirming the termination of a seasonal labor contract or a certain job contract with a term of 3 months to less than 12 months is the original or a certified copy of that contract.

The Decree stipulates that within 3 months from the date of termination of the labor contract or employment contract, unemployed workers who need to receive unemployment benefits must directly submit a set of documents requesting unemployment benefits in accordance with the above regulations to the local employment service center where the worker wants to receive unemployment benefits.

Employees are authorized to authorize another person to submit the application or send the application by post if they fall into one of the following cases: illness, maternity with confirmation from a competent medical facility; accident with confirmation from the traffic police or a competent medical facility; fire, flood, earthquake, tsunami, enemy attack, epidemic with confirmation from the Chairman of the People's Committee of the commune, ward, or town.

For the above cases, the date of submission of the application for unemployment benefits is the date the authorized person directly submits the application or the date on the postmark in case of sending by post.

The employment service center is responsible for receiving, checking the documents, reviewing and submitting to the Director of the Department of Labor, War Invalids and Social Affairs for decision on unemployment benefits for employees within 20 working days from the date of receiving complete documents as prescribed. In case the application for unemployment benefits is sent by post, the date of receipt of the application is considered the date of delivery recorded on the postmark.

Regarding unemployment benefit payment, the Decree stipulates that social insurance organizations shall pay the first month's unemployment benefit to employees within 5 working days from the date of receipt of the decision on unemployment benefit entitlement.

The social insurance organization shall pay unemployment benefits to employees from the second month of unemployment benefits onwards within 5 working days, calculated from the 7th day of the month of unemployment benefits if it does not receive a decision to suspend or terminate unemployment benefits for the employee. In case the 7th day mentioned above is a holiday, the payment period for unemployment benefits shall be calculated from the next working day.

The Decree also clearly stipulates that after 2 working days from the date stated in the appointment slip for results, if the employee does not come to receive the decision on unemployment benefits, he/she is considered to have no need to receive unemployment benefits, except in some cases as prescribed.

Within 7 working days from the date the employee does not come to receive the decision on unemployment benefits as prescribed, the employment service center shall submit to the Director of the Department of Labor, War Invalids and Social Affairs a decision on canceling the employee's decision on unemployment benefits./

According to VNA