Can employees authorize another person to submit the application for unemployment benefits in Vietnam? Can I be issued the health insurance card if I receive unemployment benefits in Vietnam? When is application for unemployment insurance filed in Vietnam?
Hello, I have just been laid off by my company, now I have no job, I want to apply for unemployment benefits, I don't know if I can authorize someone else to file for me? Now, if I don't pay compulsory social insurance, I don't know when I receive unemployment benefits, will I be issued the health insurance card? Please advise.
Pursuant to Article 17 of Decree 28/2015/ND-CP as amended by Clause 7, Article 1 of Decree 61/2020/ND-CP stipulating submission of application for unemployment benefit as follows:
1. Within 03 months from the date of termination of labor contract or working contract, employees who have no jobs and need unemployment benefit shall directly submit 01 application for unemployment benefits in accordance with the provisions of Article 16 of this Decree to employment service center in the locality where employees want to receive unemployment benefits.
2. Employees are entitled to authorize another person to submit the application by post in one of the following cases:
a) Sickness, Maternity certified by a competent medical facility;
b) Accident certified by traffic policemen or competent medical facilities;
c) Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.<0}
Submission date of application for unemployment benefits in the above cases shall be the date the authorized person directly submit the application or the date of the postmark in case of submission by post
3. Employment service centers shall receive, inspect the applications, record the appointment paper of reply in the form defined by the Minister of Labor, War Invalids and Social Affairs and give it directly to the applicants application or sent by post to the applicants submitting the application by post; if the applications are not in accordance with the provisions of Article 16 of this Decree, employment service centers shall return to the applicants and state clearly the reason.
4. Within 15 working days from the date of submission of application for unemployment benefit, if the employee does not wish to receive his/her unemployment benefit, the employee must directly, or authorize another person to, submit the written request for refusal to receive unemployment benefit to the employment service center at the place where the employee has submitted the application for unemployment benefit.
Thus, the employee is authorized to another person to submit authorize another person to submit the application by post if it falls into one of the cases specified above. In case of authorization to submit the application, the following documents are required:
- Authorization documents;
- A written certification of the authorized cases: Sickness, Maternity certified by a competent medical facility; Fires, floods, earthquakes, tsunami, Enemy-inflictes destruction, epidemic diseases certified by the Chairman of the People's Committees at commune level.
According to Article 23 of Decree 28/2015/ND-CP as amended by Clause 11 Article 1 of Decree 61/2020/ND-CP stipulates issuance and revocation of health insurance card as follows:
1. Based on the decision on entitlement to the unemployment benefit, the social insurance agency shall issue the social insurance card to the employee.
2. The employee shall be subject to the termination of entitlement to health insurance benefit when his/her unemployment benefit is terminated.
According to this Article, when an employee has a decision on entitlement to the unemployment benefit, the social insurance agency will based on that issue a health insurance card according to regulations in Vietnam.
Article 11 of Decree 28/2015/ND-CP stipulates unemployment insurance participation as follows:
1. Application for unemployment insurance shall be application for compulsory social insurance, including the specific content of unemployment insurance participation.
2. Employers shall make and submit application for unemployment insurance of employees to social insurance organizations within 30 days from the date labor contract or employment contract of the employees take effect.
If employees have concluded a labor contract under seasonal work or under a certain job from 03 full months to less than 12 full months before January 01, 2015 and 01 are carrying out such labor contract, employers must pay unemployment insurance for such employees in case the contract term is in at least 03 months.
If employees conclude many labor contracts as defined in Paragraph 1, Article 43 of the Law on Employment and are participating in unemployment insurance under the first effective concluded labor contract, upon termination or change of contract workers resulting ineligibility for unemployment insurance of the employees, the employees and the employers under unemployment insurance participation of the next effective concluded labor contracts shall be responsible for participation in unemployment insurance as prescribed by law.
If employees take the unpaid maternity leave or sick leave for 14 working days or more, receiving social insurance allowance, employees postpone labor contract or working contract concluded in accordance with the law; such employees are not eligible for unemployment insurance during this period.
Thus, the application for unemployment insurance is also a dossier for participation in compulsory social insurance. The application for unemployment insurance will be prepared and submitted by the employer to the social insurance organization within 30 days from the date labor contract or employment contract of the employees take effect in Vietnam.
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