How to calculate the period of payment of unemployment insurance premiums in Vietnam? What are the conditions for unemployment allowance receipt?
How to calculate the period of payment of unemployment insurance premiums in Vietnam?
In Article 45 of the Law on Employment 2013 on period of payment of unemployment insurance premiums, specifically as follows:
Period of payment of unemployment insurance premiums
1. The period of payment of unemployment insurance premiums for receipt of unemployment insurance benefits is the total of consecutive or interrupted periods of payment of unemployment insurance premiums from the starting time of such payment to the time the worker terminates his/her labor contract or working contract under law but during which he/she has not yet received any unemployment allowance.
2. After a worker stops receiving unemployment allowance, his/her previous period of payment of unemployment insurance premiums is not counted for receiving unemployment allowance for the subsequent time. The period of payment of unemployment insurance premiums for the subsequent receipt of unemployment insurance benefits will be counted from the beginning, except the case of stopping receiving unemployment allowance under Points b, c, h, l, m and n, Clause 3, Article 53 of this Law.
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Accordingly, the period of payment of unemployment insurance premiums for receipt of unemployment insurance benefits is the total of consecutive or interrupted periods of payment of unemployment insurance premiums from the starting time of such payment to the time the worker terminates his/her labor contract or working contract under law but during which he/she has not yet received any unemployment allowance..
After ending unemployment benefits, after a worker stops receiving unemployment allowance, his/her previous period of payment of unemployment insurance premiums is not counted for receiving unemployment allowance for the subsequent time.
How to calculate the period of payment of unemployment insurance premiums in Vietnam? What are the conditions for unemployment allowance receipt?
What are the conditions for unemployment allowance receipt in Vietnam?
Article 49 of the Law on Employment 2013 stipulates conditions for unemployment allowance receipt
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.
How is the unemployment benefit period calculated?
Article 50 of the Law on Employment 2013 regulates the level, duration, and time of receiving unemployment benefits.
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, 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.
In addition, 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 the Law on Employment 2013.
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