Unemployment Insurance Claim Procedures 2024

Unemployment insurance claim procedures are the processes regarding what happens after termination of an employment contract. Workers need to prepare documents according to regulations to apply for unemployment benefits. In this article, Long Phan will provide detailed guidance on this matter.

Unemployment insurance

Unemployment insurance is a type of insurance designed to support workers in the event of termination of their labor contract with a company based on contributions to the unemployment insurance fund.

Conditions for unemployment insurance claim

Based on Article 49 of the Law on Employment 2013, the specific conditions for workers to receive unemployment insurance are as follows

• The worker has terminated their labor contract, except in cases of termination of a labor contract contrary to the law; the worker is receiving retirement pay; monthly labor capacity loss benefits.
• The worker has paid unemployment insurance for at least 12 months within the 24 months before terminating the labor contract or work contract in cases specified in points a and b of Clause 1, Article 43 of this Law; has paid unemployment insurance for at least 12 months within the 36 months before terminating the labor contract;
• Submitted an application for unemployment benefits at the job service center as prescribed.
• Has not found employment within 15 days from the date of submitting the unemployment insurance application, except for the following cases: Performing military service, police duty; Attending a term-limited course for at least 12 months; Complying with decisions to apply measures to enter educational institutions, compulsory education establishments, compulsory rehabilitation establishments; Temporary detention; Serving a prison sentence; Emigrating for settlement; Working abroad under contract; Deceased.

Unemployment insurance claim procedures

Unemployment insurance application

Based on Article 16 of Government Decree No. 28/2015/NĐ-CP, the documents required to apply for unemployment benefits are as follows:

• A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.
• An original or certified true copy of one of the following documents certifying the termination of the labor contract or working contract: The labor contract, The dismission decision, Disciplinary decisions on dismissal, The written notice of termination of the labor contract or working contract

If employees participate in unemployment insurance under the provisions of Point c, Paragraph 1 of Article 43 of the Law on Employment, the documents certifying the termination of the labor contract under seasonal work or under a certain job from full 03 months to less than 12 months shall be the original or certified true copy of such contract.

• Social insurance book

Procedure for processing social insurance benefits

The procedure for receiving social insurance benefits is carried out according to the following steps:

Step 1 – Submitting documents

Within 3 months from the end of the labor contract, if you are still unemployed and need to receive unemployment benefits, you will submit your application to the local job introduction center where you want to receive the benefit.

Step 2 – Processing documents

The specific processing time for documents is as follows:

• Within 15 days from the date of submission, if the worker is still unemployed, the center will confirm the processing of the documents.
• Within 20 days after submission, the center will approve the decision to pay unemployment benefits, and return the social insurance book with confirmation to the worker.
• If the worker is not entitled to unemployment benefits, the center needs to provide a written notification stating the reason.
• The start date for calculating unemployment benefits: The 16th day after submitting the application.

Step 3 – Receiving benefits

Employees will receive unemployment benefits within the following time frame:

• Within 5 days from the approval of the application for unemployment benefits, the local social insurance agency will proceed to pay the first month’s benefits along with the Health Insurance card. The unemployment benefits are 60% of the average salary based on the last 6 months of insurance contributions.
• Workers will continue to receive benefits each month until a decision is made to suspend or terminate the benefits. The payment period is within 12 days from the date of receiving the unemployment benefits.

Processing time for unemployment insurance claim procedures

The processing time for receiving unemployment benefits is three months from the date of termination of the labor contract or work contract. Workers apply for unemployment benefits at the specific job service center as follows:

• For the processing time for unemployment benefits as stipulated in Clause 2, Article 46 of the 2013 Labor Code within 20 days from the date the job service center receives the application, the competent authority shall decide on the unemployment benefits.
• For cases where the application for unemployment benefits is submitted by mail, the decision on eligibility for unemployment benefits for workers (based on Article 18 of Decree No. 28/2015/ND-CP) is made within 20 days from the date of receiving the complete application.

Thus, the processing time for unemployment insurance applications for workers is 20 days from the date the job service center receives the complete application.

Jurisdiction of agencies in processing unemployment insurance matters

The authority to handle unemployment insurance matters is based on Clause 1 of Article 18 of Decree No. 28/2015/ND-CP regarding the settlement of unemployment benefits as follows:

• Employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on unemployment benefits of employees within 20 working days from receipt of a satisfactory application in accordance with regulations, if the application is submitted by post, the date of receipt shall be the date stamped on the postmark.
• If employees have not found jobs within 15 working days from the date of submission of application for unemployment benefits decided on unemployment benefit by the Director of the Services of Labour, War Invalids and Social Affairs, the employment service centers shall certify the settlement of unemployment benefits of employees in the social insurance boos and return to the employees along with the decision of unemployment benefits after snapping the social insurance books for records.

Unemployment insurance consulting service at Long Phan

To assist in guiding the receipt of unemployment insurance, the consulting service at Long Phan supports customers with the following issues:

• Consultation on necessary legal procedures to request unemployment benefits.
• Assistance in completing documents and paperwork according to legal requirements.
• Advice on processing time and authority to decide on benefits for workers.
• Continuous support and advice throughout the process until the completion of receiving unemployment insurance for the worker.
• Contacting and conducting procedures to receive unemployment insurance.

Thus, if the worker meets the conditions as outlined in the article, they will be eligible to receive unemployment insurance. The procedures and documents for receiving unemployment insurance are specifically regulated by law. If you need to use the services of Long Phan, please contact the hotline 0906.735.386 for assistance.