Can I get unemployment insurance if I quit my job for 1 year?

I would like to ask if an employee who quits their job for one year is entitled to unemployment insurance benefits? - Reader Van Hai

If I quit my job for a year, am I eligible for unemployment benefits?

Based on the provisions of Article 17 of Decree 28/2015/ND-CP and Clause 7, Article 1 of Decree 61/2020/ND-CP, within 3 months from the date of termination of the labor contract or employment contract, unemployed workers who wish to receive unemployment benefits must directly submit one set of application documents for unemployment benefits in accordance with the provisions of Article 16 of Decree 28/2015/ND-CP to the local employment service center where the worker wishes to receive the unemployment benefits.

Employees may authorize another person to submit or send their application by mail if they fall under one of the following circumstances:

- Illness or maternity leave with confirmation from an authorized medical facility;

- Accidents must be confirmed by traffic police or an authorized medical facility;

- Fires, floods, earthquakes, tsunamis, enemy attacks, and epidemics confirmed by the Chairman of the People's Committee of the commune, ward, or town.

In the above-mentioned cases, the date of filing an application for unemployment benefits is the date the authorized person directly submits the application, or the date indicated on the postal stamp in the case of submission by mail.

The employment service center is responsible for receiving and checking applications, issuing appointment slips for results according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs , and handing the slips directly to applicants or sending them by mail for those who submitted their applications by mail; if the application does not comply with the regulations in Article 16 of Decree 28/2015/ND-CP, it shall be returned to the applicant with a clear explanation of the reason.

Within 15 working days from the date of submitting the application for unemployment benefits, if the worker no longer wishes to receive unemployment benefits, the worker must personally or authorize another person to submit a request to waive unemployment benefits to the employment service center where the worker originally submitted the application.

Therefore , based on the above regulations, employees must submit their unemployment benefit application within 3 months from the date of termination of their employment contract or work agreement. Consequently, if an employee submits their unemployment insurance application one year after leaving their job, they do not meet the time requirement and their application will not be processed. The period during which the employee contributed to unemployment insurance will be retained for future benefit claims.

Unemployment benefit application file

Based on the provisions of Article 16 of Decree 28/2015/ND-CP and Clause 6, Article 1 of Decree 61/2020/ND-CP, the application dossier for unemployment benefits includes:

(1) Request for unemployment benefits using the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

(2) The original or certified copy or a copy accompanied by the original for comparison of one of the following documents confirming the termination of the labor contract or employment contract:

- The employment contract or work agreement has expired or the work under the employment contract has been completed;

- Decision to resign;

- Decision to dismiss;

- Disciplinary decision resulting in dismissal;

- Notice or agreement to terminate the employment contract or work agreement;

- Confirmation from the employer containing specific information about the employee; the type of employment contract signed; the reason and date of termination of the employment contract for the employee;

- Confirmation from a competent state agency regarding the dissolution or bankruptcy of the enterprise or cooperative, or a decision to dismiss, remove, or demote appointed officials in cases where the employee is a manager of the enterprise or cooperative;

- In cases where the employee does not have documents confirming the termination of the employment contract because the employer does not have a legal representative or a person authorized by the legal representative, the following procedure should be followed:

The Department of Labor, War Invalids and Social Affairs or the provincial Social Insurance agency shall send a written request to the Department of Planning and Investment to confirm that the employing unit does not have a legal representative or no one authorized by the legal representative.

The Department of Planning and Investment is responsible for coordinating with the tax authorities, the police, and the local government where the employer's head office is located to verify whether the employer does not have a legal representative or a person authorized by the legal representative.

The Department of Planning and Investment shall send a written response to the Department of Labor, War Invalids and Social Affairs and the provincial Social Insurance agency regarding the issue of the employer lacking a legal representative or a person authorized by the legal representative, within 10 working days from the date of receiving the request for confirmation from the Department of Labor, War Invalids and Social Affairs or the provincial Social Insurance agency.

- In the case of employees participating in unemployment insurance as stipulated in point c, clause 1, Article 43 of the 2013 Employment Law, the document confirming the termination of a seasonal or fixed-term employment contract with a duration of 3 months to less than 12 months is the original, a certified copy, or a copy accompanied by the original for verification.

(3) Social insurance book.

The social insurance organization shall confirm the payment of unemployment insurance and return the social insurance book to the employee within 05 working days from the date of receiving the request from the employer.

For employers who are agencies, units, or enterprises under the Ministry of National Defense or the Ministry of Public Security, within 30 days, the Social Insurance of the Ministry of National Defense or the Social Insurance of the People's Public Security will confirm the payment of unemployment insurance and return the social insurance book to the employee from the date of receiving the request from the employer.

Source: https://baoquocte.vn/nghi-viec-1-nam-co-duoc-huong-bao-hiem-that-nghiep-khong-245991.html