When terminating the labor contract, the employee must get back the necessary documents so that can carry out the procedures for enjoying unemployment benefits.

Legal grounds:

• Labor Code 2019;
• Decree No. 28/2015/ND-CP, amended and supplemented by Decree No. 61/2020/ND-CP;
• Decree No. 24/2018/ND-CP.

According to the law, when terminating labor contracts, enterprises in Vietnam must doing the process of finalizing of paying social insurance and unemployment insurance and hand over necessary documents to employees.

Specifically, based on Clause 3, Article 48 of the Labor Code 2019 as follows:

Article 48. Responsibilities when terminating labor contracts

3. Employers have the following responsibilities:

1. Complete the procedures to finalize the time of payment of social insurance and unemployment insurance and return them together with the originals of other documents if the employer has kept them from the employee;
2. Provide copies of documents related to the employee’s working history if requested by the employee. The cost of copying and sending documents is paid by the employer.

In addition, based on Article 16 of Decree No. 28/2015/ND-CP, amended and supplemented by Decree No. 61/2020/ND-CP, employees who want to receive unemployment benefits must submit a dossier including the following documents:

Article 16. Dossier of application for unemployment benefits

1. Paper to request unemployment benefits according to the form prescribed by the Minister of Labor, War Invalids and Social Affairs.
2. The original or a certified true copy or a copy enclosed with the original for comparison of one of the following papers certifying the termination of the labor contract or working contract:
   • a) The labor contract or working contract has expired or has completed the work under the labor contract;
   • b) Decision on working termination;
   • c) Decision on dismissal;
   • d) Disciplinary decision forcing dismissal;
   • dd) Notice or agreement to terminate the labor contract or work contract;
   • e) The employer’s certification, which contains specific content about the employee’s information; type of signed labor contract; the reason and time of termination of the labor contract for the employee;
   • …
3. Social insurance book.
   • …

According to the above regulations, when leaving the company, the employee should note that the company should hand over the two important documents below to be able to apply for unemployment benefits:

1. Certificate of termination of labor contract issued by the company. For example, the labor contract has expired; decision/notice on termination of labor contract; decision on dismissal; …
2. The social insurance book has been finalized by the social insurance agency the time of payment of social insurance and unemployment insurance during the working time at the enterprise. If the employee is keeping the social insurance book, the company must hand over to the employee a separate paper finalized by the social insurance agency the time of payment of social insurance and unemployment insurance.

If the company does not complete the procedures to finalize the time of payment of social insurance and unemployment insurance and does not hand over the above documents to the employee as prescribed, the employee can make a complaint according to the provisions of Decree No. 24/2018/ND-CP.