Can employees refuse if they no longer wish to receive unemployment benefits in Vietnam?
Can employees refuse if they no longer wish to receive unemployment benefits in Vietnam?
Pursuant to Article 7 of Circular 28/2015/TT-BLDTBXH regulations on employees who do not need to receive unemployment benefits, specifically as follows:
Employees refusing unemployment benefit
Within 15 working days from the date on which the claim for unemployment benefit is submitted, if the employee no longer wishes to receive unemployment benefit, he/she must directly submit an application for refusal of unemployment benefit using the form No. 08 issued herewith to the employment service center where the employee submitted the application for unemployment benefit.
The employment service center shall return the claim for unemployment benefit to the employee on the date on which the results are provided according to the note of appointment for results (hereinafter referred to as the appointment date).
Thus, according to the above regulations, if there is no need to receive unemployment benefits, the employee still has the right to refuse by:
Within 15 working days from the date on which the claim for unemployment benefit is submitted, if the employee no longer wishes to receive unemployment benefit, he/she must directly submit an application for refusal of unemployment benefit using the form No. 08 issued herewith to the employment service center where the employee submitted the application for unemployment benefit.
Can employees refuse if they no longer wish to receive unemployment benefits in Vietnam?
Vietnam: When will persons on unemployment allowance be suspended from receiving it?
According to the provisions of Article 53 of the Law on Employment 2013, regulations on temporary suspension, continuation, and termination of unemployment benefits are specifically as follows:
Suspension, resumption and termination of unemployment allowance receipt
1. Persons on unemployment allowance will be suspended from receiving it if they fail to monthly notify their job seeking under Article 52 of this Law.
2. Workers who are suspended from receiving unemployment allowance may continue receiving it under the decisions on unemployment allowance receipt if the receipt duration has not yet expired and they monthly notify their job seeking under Article 52 of this Law.
3. A person on unemployment allowance will stop receiving it in the following cases:
a/ The duration of unemployment allowance receipt expires;
b/ He/she has found a job;
c/ He/she performs the military or public security service obligation;
d/ He/she receives monthly pension;
dd/ He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;
e/ He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;
g/ He/she goes abroad for settlement or as guest worker;
h/ He/she attends a training course of full 12 months or longer;
i/ He/she is administratively sanctioned for violations of the law on unemployment insurance;
k/ He/she dies;
l/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
m/ He/she is declared by a court as missing;
n/ He/she is kept in temporary detention or serves a prison sentence.
4. Workers who stop receiving unemployment allowance in the cases specified at Points b, c, h, l, m and n, Clause 3 of this Article may have the period of payment of unemployment insurance premiums reserved for calculating the subsequent duration of receipt of unemployment allowance when they fully satisfy the conditions specified in Article 49 of this Law.
The reserved period equals the total of the periods of payment of unemployment insurance premiums minus the period during which the worker has received unemployment allowance, with one month of receipt of unemployment allowance equivalent to 12 months of payment of unemployment insurance premiums.
Thus, based on the above regulations, a person on unemployment allowance will stop receiving it in the following cases:
- The duration of unemployment allowance receipt expires;
- He/she has found a job;
- He/she performs the military or public security service obligation;
- He/she receives monthly pension;
- He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;
- He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;
- He/she goes abroad for settlement or as guest worker;
- He/she attends a training course of full 12 months or longer;
- He/she is administratively sanctioned for violations of the law on unemployment insurance;
- He/she dies;
- 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 declared by a court as missing;
- He/she is kept in temporary detention or serves a prison sentence.
Vietnam: What are the penalties for failing to notify the employment service center when the employee has got a job?
Pursuant to Article 40 of Decree 12/2022/ND-CP stipulating the handling of Violations against regulations on preparation of documentation for enjoyment of social insurance and unemployment insurance benefits as follows:
Violations against regulations on preparation of application and documentation requirements for enjoyment of social insurance and unemployment insurance benefits
1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon an employee for commission of one of the following violations:
a) Making untruthful declarations, or altering, erasing or falsifying information related to payment of insurance premiums or enjoyment of social insurance and unemployment insurance benefits, if not liable to criminal prosecution;
b) Failing to notify the employment service center as prescribed when the employee has got a job within 15 working days from the date of submission of application for unemployment benefits;
c) As a beneficiary of unemployment benefits, he/she fails to send the required notifications to the employment service center in one of the following cases: he/she has got a job; he/she is performing military or public security service; he/she receives monthly retirement pensions; or he/she is attending a training course for a full period of at least 12 months.
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Thus, according to the above regulations, employee failing to notify the employment service center as prescribed when the employee has got a job will be fined from VND 1,000,000 to VND 2,000,000.
In addition, this person must also pay back the amount of unemployment benefits received due to the violation.
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