14/09/2022 - 14:53

Có được ủy quyền nhận bảo hiểm thất nghiệp không?

Can you authorize someone else to receive unemployment benefits?

After you stop working, you can apply for unemployment benefits. But what if you’re busy with other matters and can’t go to the office yourself? In that case, you can let another person collect the benefits on your behalf. This article explains how that works, what you need, and some tips to avoid problems.

What is unemployment insurance?

Unemployment insurance is a safety net paid by employers and employees. If you lose a job without fault, you can receive a monthly allowance for a limited period. The allowance is calculated from your previous wages and the duration of your employment.

Why would you want to give someone else the right to collect?

  • Busy schedule: You might be traveling or handling urgent personal matters.
  • Health reasons: If you’re ill or disabled, you may not be able to visit the office.
  • Family support: A spouse or close relative can help you get the money.

Legal basis for authorization

Under the Law on Labor Insurance and the Law on Social Insurance, a beneficiary may delegate the right to submit documents and receive payments. The delegation must be in writing and signed by the beneficiary. The authorized person must present the original letter and a copy of the beneficiary’s ID.

How to create a valid power of attorney

Follow these simple steps:

Step What you need Time needed
1 Write a short letter stating you authorize the person to act on your behalf. 1 hour
2 Attach a photocopy of your ID and the ID of the authorized person. 30 minutes
3 Sign the letter in front of a notary or a local government office. 1 day
4 Send the original letter to the office where you’ll apply for benefits. 1-2 days

After submitting the documents, the authorized person can:

  • Collect the unemployment allowance.
  • Sign the receipt of funds.
  • Submit any required forms on your behalf.

Important points to remember

  1. Validity period: The power of attorney is valid only for the period you need it, usually until you receive the last payment.
  2. Liability: The authorized person must act honestly. If they misuse the funds, both you and they can be held responsible.
  3. Document safety: Keep the original letter and ID copies in a safe place. If you lose them, you’ll need to reapply.
  4. Change of circumstances: If you no longer need the authorization, you can cancel it by writing a new letter or notifying the office.

Example: Mr. Lê, a 35‑year‑old engineer, left his job because of a company merger. He was on a family vacation and could not visit the Labor Office. He wrote a short letter, signed it in front of a notary, and gave it to his wife, Ms. Phạm. She collected the monthly allowance for six months, signed the receipt, and sent the copies back to Mr. Lê. The process was smooth, and Mr. Lê received his payments on time.

When it’s not a good idea to delegate

  • If you are in the middle of a legal dispute about the job termination.
  • If you suspect the authorized person might misuse the documents.
  • If the office requires you to sign a special form that can’t be delegated.

In most cases, delegating the right to receive unemployment benefits is straightforward and fully legal. Just follow the steps above, keep your documents safe, and you’ll receive your allowance without any hassle.

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