If I pay insurance and am unemployed for more than 3 months, will I get benefits?

baochinhphu.vn DNUM_BIZBAZCABI 11:22

Ms. Huyen Anh has paid social insurance for 8 years and 9 months. She is currently unemployed. 3 months after quitting her job, she did not apply for unemployment benefits. It has been 1 year now and she still has not returned to work. Ms. Anh asked, is she still entitled to unemployment benefits? If so, what procedures are required?

Regarding the question asked by Ms. Anh in Hanoi, the city's Social Insurance Department responded as follows:

According to Clause 3, Article 49 of the Law on Employment No. 38/2013/QH13, the conditions for receiving unemployment benefits are: Employees have submitted applications for unemployment benefits at the employment service center as prescribed in Clause 1, Article 46 of this Law.

Accordingly, Clause 1, Article 46 of the Law stipulates: Within 3 months from the date of termination of the labor contract or employment contract, the employee shall submit an application for unemployment benefits at the employment service center established by the state management agency for employment.

Thus, the deadline for submitting unemployment benefits application is within 3 months from the date of termination of her employment contract.

Therefore, she will not be entitled to unemployment benefits. However, the period of unemployment insurance payment for which she has not received unemployment benefits will be accumulated and automatically reserved for the next benefit according to the provisions of Clause 1, Article 45 of the Law on Employment No. 38/2013/QH13.

Nộp hồ sơ hưởng BHXH một lần tại nơi cư trú

Submit application for one-time social insurance benefit at place of residence

Mr. Vu Hung has a registered residence in Ninh Binh province, but lives and works in Tan Thanh district, Ba Ria-Vung Tau province, does not have temporary residence registration and KT3, and fully pays social insurance. Due to family reasons, Mr. Hung quit his job at the end of 2016. Mr. Hung asked, to receive a one-time social insurance benefit, where did he go to complete the procedures?


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If I pay insurance and am unemployed for more than 3 months, will I get benefits?
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