Q: I've been an employee on unemployment benefits in H.N. Province for two months. Currently, if I move to H.P. province, can I transfer the remaining months of unemployment benefits to H.P. Province? Thank you, thank you.
Law Department - ACDC advises:
Clause 1 Article 22 of the Government's Decree No. 28/2015/ND-CP of March 12, 2015, detailing the enforcement of a number of provisions of the Employment Law on unemployment insurance stipulates the transfer of unemployment subsidies as follows:
"1. If the employee has received at least 01 month of unemployment benefit as prescribed but wishes to transfer the place of unemployment benefit to another province or centrally run city, he/she must make a request to transfer the place of unemployment benefit according to the form set by the Minister of Labor, War Invalids and Social Affairs and send it to the employment service center where he/she is receiving unemployment benefits".
Compare the above provisions with your case, if you are an employee who is receiving 02 months of unemployment benefits as prescribed in H.N province but wishing to transfer the place of unemployment benefit to H.P province, you must make a request to transfer the place of unemployment benefit according to the form set by the Minister of Labor, War Invalids and Social Affairs (MOLISA) and send it to the employment service center (employment center) where the unemployment benefit is being received.
The order and procedures for transfer of places to receive unemployment benefits comply with Article 22 of the Government's Decree No. 28/2015/ND-CP (amended and supplemented by Clause 10, Article 1 of Decree No. 61/2020/ND-CP of May 29, 2020), specifically:
Step 1: Employees make a request to transfer the place of receiving unemployment benefit (Form No. 10 issued together with Circular No. 28/2015/TT-BLDTBXH of July 31, 2015 of the Minister of Labour, Invalids and Social Affairs) and send it to the employment center where the unemployment benefit is being received.
Step 2: Within 03 working days from the date of receiving the employee’s request, the employment center shall provide dossier of transfer of place of unemployment benefit to employees and send the introduction to transfer the place of unemployment benefit to the unemployment insurance company where the employee moves to (Form No. 11 issued together with Circular No. 28/2015/TT-BLDTBXH).
Dossiers of transfer of places to receive unemployment benefits include:
(1) Requesting the transfer of the place of receiving the employee's unemployment benefit.
(2) A certificate of introduction to transfer of the place of unemployment benefit;
(3) A copy of the decision on unemployment benefit;
(4) A copy of decisions on vocational training support, decisions on suspension of unemployment benefit received, decisions on continued receiving unemployment benefits (if any);
(5) A copy of the notice of monthly job search (if any), other papers in the dossier of unemployment benefit.
Step 3: Within 02 working days from the date of providing dossiers of transfer of the place of entitlement to unemployment benefits to employees as prescribed, the employment center where the employees move to send a notice on the transfer of the place of entitlement to unemployment insurance to the provincial social insurance to stop the payment of unemployment benefits (Form No. 12 issued together with Circular No. 28/2015/TT-BLDTBTB)
Step 4: Within 03 working days from the date of receiving the application for transfer of the place of unemployment benefit transferred by the employee, employment center sends a written request for provincial social insurance to continue paying unemployment benefits and granting health insurance cards to employees together with a copy of the decision on entitlement to unemployment benefits of employees (Written request for provincial social insurance according to Form No. 13 issued together with Circular No. 28/2015/TT-BLDTBXH).
In case the employee has received the application for transfer of the place of unemployment benefit but has not yet submitted to the employment center where he/she moves and no longer needs to transfer the place of unemployment benefit, he/she must return the referral to transfer the place of unemployment benefit to the place of transfer. Within 03 working days from the date of receiving the introduction of transfer of the place of entitlement to unemployment benefits, employment center sends a written request to the provincial social insurance agency to continue paying unemployment benefits and granting health insurance cards to employees.
Notices on job searches of employees during the time of transfer of the place of unemployment benefit are carried out under the guidance of the Ministry of Labor, Invalids and Social Affairs.
Step 5: Organize social insurance where employees move to receive unemployment benefits to pay unemployment benefits and grant health insurance cards to employees in accordance with the provisions of law.
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