When will a person on unemployment allowance stop receiving it in case he/she fails to monthly notify his/her job seeking in Vietnam?
When will an employee be not required to directly send monthly notification of job seeking in Vietnam?
In Clause 3, Article 10, Circular 28/2015/TT-BLDTBXH has the following provisions:
Notification of job seeking prescribed in Article 52 of the Law on employment
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3. The employee receiving unemployment benefit is not required to directly send monthly notification of seeking in any of following cases:
a) The employee suffers from a sickness not mentioned in the list prescribed in Point b Clause 2 of this Article certified by a competent medical facility;
b) The employee meets with an accident certified by the competent police authority or the medical facility;
c) The employee suffers from conflagration, flood, earthquake, tsunami, hostility or epidemic diseases certified by the President of the People’s Committee of commune, ward or town;
d) The employee’s parents, spouse or child dies; the employee or his/her child gets married certified by the People’s Committee of commune, ward or town.
If the employee fails to come to the employment service center, within 3 working days from the deadline for the monthly notification as prescribed, the employee must send registered mail or authorize another person to submit an original copy or a certified true copy of any the above documents to the employment service center where he/she is receiving unemployment benefit, if the document is received by post, the sending date of on the postmark.
Thus, the employee receiving unemployment benefit is not required to directly send monthly notification of seeking in any of following cases:
- The employee suffers from a sickness not mentioned in the list prescribed in Point b Clause 2 of Article 10, Circular 28/2015/TT-BLDTBXH certified by a competent medical facility;
- The employee meets with an accident certified by the competent police authority or the medical facility;
- The employee suffers from conflagration, flood, earthquake, tsunami, hostility or epidemic diseases certified by the President of the People’s Committee of commune, ward or town;
- The employee’s parents, spouse or child dies; the employee or his/her child gets married certified by the People’s Committee of commune, ward or town.
Note: If the employee fails to come to the employment service center, within 3 working days from the deadline for the monthly notification as prescribed, the employee must send registered mail or authorize another person to submit an original copy or a certified true copy of any the above documents to the employment service center where he/she is receiving unemployment benefit, if the document is received by post, the sending date of on the postmark.
When will a person on unemployment allowance stop receiving it in case he/she fails to monthly notify his/her job seeking in Vietnam?
Vietnam: Does delay in notifying job seeking have any impact?
In Clause 1, Article 52 of the Law on Employment 2013, there are provisions as follows:
Notification of job seeking
1. While on unemployment allowance, monthly, a worker shall directly notify his/her job seeking to the employment service center of the locality where he/she currently receives unemployment allowance, except the following cases:
a/ He/she is sick or on maternity leave or has an accident as certified in writing by a competent health establishment prescribed by the law on medical examination and treatment;
b/ Force majeure cases.
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On the other hand, Clause 1, Article 53 of the Law on Employment 2013 has the following provisions:
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. While on unemployment allowance, monthly, a worker shall directly notify his/her job seeking to the employment service center of the locality where he/she currently receives unemployment allowance
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At the same time, Clause 2, Article 19 of Decree 28/2015/ND-CP stipulates:
Temporary suspension of unemployment benefits
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2. Within 02 working days from the date the employees do not notify about finding employment monthly as prescribed, employment service center where the employees are receiving unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the temporary suspension of unemployment benefits of the employees.
Thus, according to the above regulations, if the employee does not schedule a monthly notification appointment on time and has no legitimate reason, his or her unemployment benefits will be temporarily suspended.
When receiving this benefit is temporarily suspended, if there is still time to enjoy unemployment benefits, the employee who continues to notify him or her to look for a job will be paid unemployment benefits (pursuant to Clause 1, Article 20 of Decree 28/2015/ND-CP).
When will a person on unemployment allowance stop receiving it in case he/she fails to monthly notify his/her job seeking in Vietnam?
At Point e, Clause 3, Article 53 of the Law on Employment 2013, there are provisions as follows:
Suspension, resumption and termination of unemployment allowance receipt
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3. A person on unemployment allowance will stop receiving it in the following cases:
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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;
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Thus, if you do not notify your job seeking for 3 consecutive months (except for some prescribed cases), your unemployment benefits will be terminated. And when unemployment benefits stop in this case, it will not be reserved.
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