What are the other unemployment insurance benefits but unemployment allowance in Vietnam?
- How long does it take to receive unemployment allowance after submitting dossiers for receipt of unemployment allowance in Vietnam?
- What are the other unemployment insurance benefits but unemployment allowance in Vietnam?
- How much is the fine for a person who has found a job and continues to receive unemployment allowance in Vietnam?
How long does it take to receive unemployment allowance after submitting dossiers for receipt of unemployment allowance in Vietnam?
According to Article 46 of the Law on Employment 2013, regulations on unemployment benefits are specifically 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.
Thus, according to the above regulations, 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.
The social insurance organization shall pay unemployment allowance to the worker within 5 days after receiving a decision on unemployment allowance receipt
Therefore, people who apply for unemployment benefits within 25 days will receive maximum unemployment benefits according to the provisions of law.
How long does it take to receive unemployment allowance after submitting dossiers for receipt of unemployment allowance in Vietnam?
What are the other unemployment insurance benefits but unemployment allowance in Vietnam?
According to Article 42 of the Law on Employment 2013, regulations on specific unemployment insurance benefits are as follows:
Unemployment insurance benefits
1. Unemployment allowance.
2. Job counseling and recommendation support.
3. Vocational training support.
4. Support for training and retraining to improve qualifications of occupational skills for job maintenance for workers.
Thus, based on the above regulations, in addition to unemployment allowance, employees are also entitled to the following unemployment insurance benefits:
- Job counseling and recommendation support.
- Vocational training support.
- Support for training and retraining to improve qualifications of occupational skills for job maintenance for workers.
How much is the fine for a person who has found a job and continues to receive unemployment allowance in Vietnam?
First, Article 53 of the Law on Employment 2013 stipulates the suspension, resumption and termination of unemployment allowance receipt 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.
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At the same time, Article 40 of Decree 12/2022/ND-CP stipulates the handling of violations against regulations on preparation of application and documentation requirements for enjoyment of social insurance and unemployment insurance benefits, specifically 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.
Thus, according to the above regulations, a person who has a job but still intentionally receives unemployment benefits without notifying the employment service center will be fined from 1,000,000 VND to 2,000,000 VND depending on the severity. seriousness of the incident.
In addition, it is also required to return to the social insurance agency the amount of unemployment benefits that the employee has received due to the violation.
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