What are 05 cases of reservation of unemployment insurance payment periods in Vietnam from February 15, 2024? How long is the duration of unemployment allowance receipt in Vietnam?
What are 05 cases of reservation of unemployment insurance payment periods in Vietnam from February 15, 2024?
In Article 9 Circular 28/2015/TT-BLDTBXH, amended by Clause 4, Article 1 Circular 15/2023/TT-BLDTBXH, regulations on 05 cases of reservation of unemployment insurance payment periods are specified as follows:
Case 1: Reserving the unemployment insurance payment period when an employee has months of contribution not yet resolved for unemployment benefits.
Note: Employees paying unemployment insurance for over 144 months are entitled to a maximum of 12 months of unemployment benefits; the remaining months not yet resolved for unemployment benefits will not be reserved.
Case 2: Reserving the unemployment insurance payment period when an employee's unemployment benefit decision is canceled.
Case 3: Reserving the unemployment insurance payment period when an employee receiving unemployment benefits is terminated from receiving them.
Case 4: Reserving the unemployment insurance payment period when an employee does not come to receive unemployment benefits money.
Case 5: Reserving the unemployment insurance payment period for the case where the social insurance agency confirms the supplementary unemployment insurance payment period after the termination of unemployment benefits.
Note: In cases 2, 3, 4, the unemployment insurance payment period reserved does not include the months of unemployment insurance payment not resolved for unemployment benefits in the Decision on unemployment benefit already reserved by the social insurance agency.
What are 05 cases of reservation of unemployment insurance payment periods in Vietnam from February 15, 2024? How long is the duration of unemployment allowance receipt in Vietnam?
Vietnam: When will the unemployment benefits be terminated?
In Article 53 Law on Employment 2013, regulations on suspension, continuation, and termination of unemployment benefits are specified as follows:
Suspension, Continuation, Termination of Unemployment Benefits
1. A person receiving unemployment benefits will have their benefits suspended when they fail to report monthly job searches as prescribed in Article 52 of this Law.
2. If the suspended person still has remaining benefit time according to the decision, they shall continue receiving unemployment benefits when they make monthly job search reports as prescribed in Article 52 of this Law.
3. Those receiving unemployment benefits will have their benefits terminated in the following cases:
a) Expiration of the benefit period;
b) Employment is found;
c) Performing military service, public security obligations;
d) Receiving monthly retirement pensions;
dd) After 02 times of refusing employment offers introduced by the employment service center without legitimate reasons;
e) Failing to report job searches for 03 consecutive months as prescribed in Article 52 of this Law;
g) Emigrating or working abroad under a contract;
h) Studying abroad for a period of 12 months or more;
i) Subject to administrative penalty for violations of unemployment insurance laws;
k) Deceased;
l) Complying with a decision to be placed in a reformatory, compulsory education center, or compulsory detoxification center;
m) Declared missing by the court;
n) Detained; serving imprisonment sentences.
4. Employees whose unemployment benefits are terminated in the cases stipulated at points b, c, h, l, m, and n of Clause 3 of this Article shall reserve their unemployment insurance payment period as the basis for calculating the duration of unemployment allowance receipt for the next time when they meet the conditions specified in Article 49 of this Law.
The reserved period is calculated by subtracting the time period during which unemployment benefits have been received from the total unemployment insurance payment time, based on the principle that each month of unemployment benefits corresponds to 12 months of paid unemployment insurance.
Thus, the termination of unemployment benefits occurs when:
- Expiration of the benefit period;
- Employment is found;
- Performing military service, public security obligations;
- Receiving monthly retirement pensions;
- After 02 times of refusing employment offers introduced by the employment service center without legitimate reasons;
- Failing to report job searches for 03 consecutive months;
- Emigrating or working abroad under a contract;
- Studying abroad for a period of 12 months or more;
- Subject to administrative penalty for violations of unemployment insurance laws;
- Deceased;
- Complying with a decision to be placed in a reformatory, compulsory education center, or compulsory detoxification center;
- Declared missing by the court;
- Detained; serving imprisonment sentences.
How long is the duration of unemployment allowance receipt in Vietnam?
Clause 2, Article 50 of the Law on Employment 2013 stipulates the duration of unemployment allowance receipt as follows:
The duration of unemployment allowance receipt is calculated based on the number of months contributions to unemployment insurance have been made.
Employees who have paid contributions for 12 to 36 months are entitled to 03 months of unemployment benefits. Thereafter, for every additional 12 months of contributions, they are entitled to an additional 01 month of unemployment benefits, with a maximum of 12 months in total.
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