How long is the duration of unemployment insurance premium payment to receive unemployment allowance in Vietnam? When is the deadline to apply for receipt of unemployment allowance?
- How long is the duration of unemployment insurance premium payment to receive unemployment allowance in Vietnam?
- When is the deadline to apply for receipt of unemployment allowance in Vietnam?
- After the unemployment benefit period is over, will the employees still be entitled to receive unemployment allowance in Vietnam?
How long is the duration of unemployment insurance premium payment to receive unemployment allowance in Vietnam?
Pursuant to the provisions of Article 49 of the Law on Employment 2013, the provisions are as follows:
Conditions for unemployment allowance receipt
A worker defined in Clause 1, Article 43 of this Law who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:
1. Terminating the labor contract or working contract, except the following cases:
a/ He/she unilaterally terminates the labor contract or working contract in contravention of law;
b/ He/she receives monthly pension or working capacity loss allowance.
2. 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.
3. Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of this Law.
4. 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:
a/ He/she performs the military or public security obligation;
b/ He/she attends a training course of full 12 months or longer;
c/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
d/ He/she is kept in temporary detention or serves a prison sentence;
dd/ He/she goes abroad for settlement or as guest worker;
e/ He/she dies.
Thus, a worker who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:
- In case of employment contracts or working contracts of indefinite time; or employment contracts or working contracts of definite time;:
Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract
- For seasonal or job-based working contracts with a term of between full 3 months and under 12 months:
Having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract.
How long is the duration of unemployment insurance premium payment to receive unemployment allowance in Vietnam? When is the deadline to apply for receipt of unemployment allowance?
When is the deadline to apply for receipt of unemployment allowance in Vietnam?
Pursuant to the provisions of Article 46 of the Law on Employment 2013, the provisions are as follows:
Receipt of unemployment allowance
1. Within 3 months after terminating his/her labor contract or working contract, a worker shall submit a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment.
2. Within 20 days after the employment service center receives a complete dossier, the competent state agency shall issue a decision on unemployment allowance receipt; in case the worker is ineligible for receiving unemployment allowance, the center shall issue a written reply to the worker.
3. The social insurance organization shall pay unemployment allowance to the worker within 5 days after receiving a decision on unemployment allowance receipt.
Accordingly, within 3 months after terminating his/her labor contract or working contract, a worker shall submit a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment
After the unemployment benefit period is over, will the employees still be entitled to receive unemployment allowance in Vietnam?
Pursuant to the provisions of Clause 6, Article 18 of Decree 28/2015/ND-CP stipulates as follows:
Settlement of unemployment benefits
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6. Within 03 months from the date of expiry of unemployment benefit of the employees under the decision of unemployment benefits, but the employees do not receive unemployment allowance and notify in writing to the social insurance organization where they are receiving unemployment allowance, such employees shall be determined to have no need for unemployment benefits. Time of payment of unemployment insurance premium corresponding to the unemployment allowance that the employees do not to get shall be stored as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.
Within 07 working days after the above duration, the social insurance organizations must notify in writing to the employment service center where the employees are receiving unemployment benefits about their failure to receive unemployment allowance. Notification of failure to receive unemployment allowance shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.
Within 10 working days from receipt of the notice of the social insurance organization, employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on reservation of the period of premium payment of unemployment insurance for employees.
Decision on reservation of period of payment of unemployment insurance premiums shall be sent by employment service center as follows : 01 shall be sent to the provincial Social Insurance to reserve the period of payment of unemployment insurance premium for the employees; 01shall be sent to employees. Decision on preservation of period of payment of unemployment benefit premium shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .
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Accordingly, Within 03 months from the date of expiry of unemployment benefit of the employees under the decision of unemployment benefits, but the employees do not receive unemployment allowance and notify in writing to the social insurance organization where they are receiving unemployment allowance, such employees shall be determined to have no need for unemployment benefits
Time of payment of unemployment insurance premium corresponding to the unemployment allowance that the employees do not to get shall be stored as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed
Therefore, employees will have to submit applications for unemployment benefits within the prescribed time limit as stated above. If this time limit exceeds, the employee will not receive unemployment benefits.
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