How to determine the duration of receipt of unemployment allowance in Vietnam?
How to determine the duration of receipt of unemployment allowance in Vietnam?
Article 50 of the Law on Employment 2013 regulates the levels, duration and time of receipt of unemployment allowance.
Levels, duration and time of receipt of unemployment allowance
1. The monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed on which unemployment insurance premiums are based, but must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime, or must not exceed 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.
2. The duration of unemployment allowance receipt is based on the number of months of payment of unemployment insurance premiums. This duration is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months, which is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.
3. The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance as specified in Clause 1, Article 46 of this Law.
Thus, according to the above regulations, the duration of unemployment allowance receipt is based on the number of months of payment of unemployment insurance premiums.
This duration is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months, which is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.
How to determine the duration of receipt of unemployment allowance in Vietnam?
What are the conditions for unemployment allowance receipt in Vietnam?
Conditions for unemployment allowance receipt for employees are specified in Article 49 of the Law on Employment 2013 as follows:
A worker defined in Clause 1, Article 43 of Law on Employment 2013 who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:
- Terminating the labor contract or working contract, except the following cases:
+ He/she unilaterally terminates the labor contract or working contract in contravention of law;
+ He/she receives monthly pension or working capacity loss allowance.
- Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract, for the case specified at Points a and b, Clause 1, Article 43 of this Law; or having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract, for the case specified at Point c, Clause 1, Article 43 of this Law.
- Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of this Law.
- Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment allowance, except the following cases:
+ He/she performs the military or public security obligation;
+ He/she attends a training course of full 12 months or longer;
+ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
+ He/she is kept in temporary detention or serves a prison sentence;
+ He/she goes abroad for settlement or as guest worker;
+ He/she dies.
What is the application for unemployment allowance receipt in Vietnam?
Article 16 of Decree 28/2015/ND-CP stipulates that applications for unemployment benefits include the following documents:
- A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.
- An original or certified true copy of one of the following documents certifying the termination of the labor contract or working contract:
+ The labor contract or working contract expired or terminated under its term;
+ The resignation decision;
+ The dismission decision;
+ Disciplinary decisions on dismissal;
+ The written notice or agreement of termination of the labor contract or working contract.
If employees participate in unemployment insurance under the provisions of Point c, Paragraph 1 of Article 43 of the Law on Employment, the documents certifying the termination of the labor contract under seasonal work or under a certain job from full 03 months to less than 12 months shall be the original or certified true copy of such contract.
- Social insurance books
social insurance organizations shall certify the premium payment of unemployment insurance and return the social insurance book to employees within 05 working days from receipt of the request of the employers.
Employers being agencies, units and enterprises of the Ministry of National Defense, the Ministry of Public Security shall, within 30 days, social insurance of the Ministry of National Defense , social insurance of the people’s public security forces shall certify the premium payment of unemployment insurance and return the social insurance book to employees from the date of receipt of the request of the employers.
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