Unemployment benefits procedures

After receiving my Tet bonus, I quit my job at a company in District 1 (HCMC) that I had worked for for 2 years to return to my hometown in Can Tho. Because it is the beginning of the year, I have not found a new job near my home. I would like to ask about the process and procedures for receiving unemployment benefits and where to submit the application? Can I submit the application for unemployment benefits in HCMC or in Can Tho?

Previously, I had resigned from a company in Binh Thanh District (where I had worked for 5 years) and was unemployed for 2 months before I was able to find a job at a company in District 1. However, at that time, I had not yet completed the procedures to request unemployment benefits. So now, while I am resigning from the company in District 1, can I request unemployment benefits from both companies in District 1 and Binh Thanh District?

Reader Nguyen Tung.

Consulting attorney

Lawyer Tran Van Gioi (Ho Chi Minh City Bar Association) advises, based on the provisions of the 2013 Law on Employment and Decree No. 28/2015 regulating the submission of applications for unemployment benefits as follows:

Within 3 months from the date of termination of the labor contract or employment contract, unemployed employees who need to receive unemployment benefits must directly submit a set of documents requesting unemployment benefits to the local employment service center where the employee wants to receive unemployment benefits.

Lawyer Tran Van Gioi (Ho Chi Minh City Bar Association)

Thus, you can submit your application at the District 1 and Binh Thanh District Employment Service Center in Ho Chi Minh City or in Can Tho.

In addition, you can choose to submit your application directly or send it by post. The application includes the following documents:

First, request unemployment benefits according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

Second, the original, or certified copy, or copy with the original for comparison, including: labor contract, or expired work contract, or completed work under the labor contract; termination decision; dismissal decision; disciplinary decision forcing termination; notice or agreement to terminate labor contract or work contract...

Third, social security book.

Note, in the application you need to provide full information about the place of medical examination and treatment registration; phone number; bank account number, bank name, and branch where the bank card was opened.

When you submit your application, the employment service center is responsible for receiving and checking your application, recording an appointment slip for results, and giving you the slip directly or sending it by post if you submit your application by post...

After receiving the complete application, the employment service center is responsible for reviewing and submitting to the Director of the Department of Labor, War Invalids and Social Affairs for a decision on your unemployment benefits within 20 working days from the date of receipt of the complete application. If the application is sent by post, the date of receipt is considered the date of delivery recorded on the postmark.

Within 15 working days from the date of application, if you have not found a job, the employment service center will confirm the processing of your application for unemployment benefits.

The decision on unemployment benefits will be sent by the employment service center to the Social Insurance of the province or centrally-run city to pay unemployment benefits and issue a health insurance card to you and to you. In case you are not entitled to unemployment benefits, the employment service center must notify you in writing and state the reason.

Before working for 2 years at a company in District 1, you worked for 5 years at a company in Binh Thanh District but did not receive unemployment benefits. If you work for 2 companies and pay unemployment insurance for both, the time you pay unemployment insurance for the 2 companies will be added together to determine the time you have paid unemployment insurance. From there, you will be able to calculate the time you are entitled to receive unemployment insurance.

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