According to Vietnamese laws, is it possible to apply for unemployment benefits without the insurance book?
How is social insurance regulated by Vietnamese laws?
Pursuant to Clause 1, Article 3 of the 2014 Law on Social Insurance stipulates:
Social insurance is a guarantee to replace or offset part of an employee's income when they are reduced or lose income due to illness, maternity, labor accident, occupational disease, end of working age or death, on the basis of contributions to the social insurance fund.
According to Vietnamese laws, is it possible to apply for unemployment benefits without the insurance book?
How are the principles of social insurance regulated by Vietnamese laws?
According to Article 5 of the Law on Social Insurance 2014, the principles of social insurance are as follows:
- Levels of social insurance allowances shall be calculated based on the social insurance premium rate, the premium payment period and the sharing among the insured.
- The compulsory social insurance premium rate shall be calculated based on an employee’s monthly salary. The voluntary social insurance premium rate shall be calculated based on the monthly income selected by employees.
- Employees who pay both compulsory and voluntary social insurance premiums are entitled to the retirement regime and survivorship allowance regime based on their period of social insurance premium payment. The period of social insurance premium payment already calculated for enjoying a lump-sum social insurance allowance shall not be included in the period used to calculate social insurance regimes.
- The social insurance fund shall be managed in a centralized, uniform, public and transparent manner; used for proper purposes and independently accounted by component funds and groups of the insured subject to the state-prescribed salary regime and the employer-decided salary regime.
- Social insurance shall be implemented in a simple, easy and convenient manner, promptly and fully ensuring the interests of the insured.
According to the law, if you do not pay the insurance book, can you apply for unemployment benefits in Vietnam?
Regarding the responsibilities of the employer specified in Article 48 of the Labor Code 2019 of Vietnam:
Article 48. Responsibilities of the parties upon termination of an employment contract
1. Within 14 working days following the termination of an employment contract, both parties shall settle all payments in respect of the rights and interests of each party. In the following cases, such period may be extended, but shall not exceed 30 days:
a) Shutdown of business operation of the employer that is not a natural person;
b) Changes in the organizational structure, technology or changes due to economic reasons;
c) Full division, partial division, consolidation, merger of the enterprise; sale, lease, conversion of the enterprise; transfer of the right to ownership or right to enjoyment of assets of the enterprise or cooperative;
d) Natural disasters, fire, hostility or major epidemics.
2. Priority shall be given to payment of the employees’ salaries, social insurance, health insurance, unemployment insurance, severance allowance and other benefits under the collective bargaining agreement and employment contracts in case of shutdown, dissolution or bankruptcy of an enterprise or cooperative.
3. The employer has the responsibility to:
a) Complete the procedures for verification of duration of participation in social insurance and unemployment insurance, return them and original copies of the employee’s other documents (if any);
b) Provide copies of the documents relevant to the employee’s work if requested by the employee. The employer shall pay the cost of copying and sending the documents.
The resignation decision takes effect from 2/8/2021. The company must close the social insurance book at this time (the closing time is in 8 months, not 10 months). Usually it takes about 2-4 weeks for the social insurance agency to pay the book. However, the time the company says at the end of October to pay is too far. Therefore, I need to clarify with the company why I have a social insurance book until October 10. If the company said that it was not until October 10 to close the book, the company had wrongly performed its responsibilities according to the above regulations.
Thư Viện Pháp Luật
