What is the maximum level of unemployment insurance benefits in Vietnam from July 1, 2024? When is the payment of unemployment benefit conducted in Vietnam for 2024?
What is the maximum level of unemployment insurance benefits in Vietnam from July 1, 2024?
The Government of Vietnam has issued Decree 73/2024/ND-CP and Decree 74/2024/ND-CP on the increase of regional minimum wages and statutory pay rate from VND 1,800,000 to VND 2,340,000.
Article 50 of the Employment Law 2013 regulates the level, duration, and period of unemployment benefits.
Level, duration, and period of unemployment benefits
1. The monthly unemployment benefit is 60% of the average monthly salary on which unemployment insurance premiums are based for the 06 consecutive months preceding unemployment, but it shall not exceed 05 times the statutory pay rate for employees covered by wage policies prescribed by the State or 05 times the regional minimum wage as prescribed by the Labor Code for employees covered by wage policies decided by the employer at the time of termination of the labor contract or work contract.
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According to Clause 1, Article 50 of the Employment Law 2013, the calculation of unemployment insurance benefits from July 1, 2024, is as follows:
Monthly unemployment benefit = (Average salary of the 06 consecutive months on which unemployment insurance premiums were based before unemployment) x 60%
* In cases where there are interruptions in the payment of unemployment insurance premiums in the months preceding unemployment, the average salary of the 06 months for which unemployment insurance premiums were paid before the termination of the labor contract or work contract according to the law shall be used.
- The maximum monthly unemployment insurance benefit for employees subject to wage policies prescribed by the State shall not exceed 05 times the statutory pay rate or 05 times the regional minimum wage as prescribed by the Labor Code for employees covered by wage policies decided by the employer at the time of termination of the labor contract.
Thus, according to the above regulation, the maximum unemployment insurance benefit from July 1, 2024, for employees subject to wage policies prescribed by the State is:
VND 2,340,000 x 5 = VND 11,700,000/month (Decree 73/2024/ND-CP)
* For employees receiving wages according to the regional minimum wage as prescribed by the Labor Code 2019, the maximum unemployment insurance benefit from July 1, 2024, is as follows: Decree 74/2024/ND-CP
Region I: VND 4,960,000 x 5 = VND 24,800,000/month
Region II: VND 4,410,000 x 5 = VND 22,050,000/month
Region III: VND 3,860,000 x 5 = VND 19,300,000/month
Region IV: VND 3,450,000 x 5 = VND 17,250,000/month
The Application Form for Unemployment Benefits is Form No. 03 issued together with Circular 15/2023/TT-BLDDTBXH.
What is the maximum level of unemployment insurance benefits in Vietnam from July 1, 2024? (Internet image)
When is the payment of unemployment benefit conducted in Vietnam for 2024?
Clause 1, Article 18 of Decree 28/2015/ND-CP on the payment of unemployment benefits is as follows:
Settlement of unemployment benefits
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2. Payment of unemployment benefits
a) The social insurance organization shall pay the first month's unemployment benefit to the employee within 05 working days from the date of receiving the decision on unemployment benefit;
b) The social insurance organization shall pay the unemployment benefit from the second month onward within 05 working days, counting from the 07th day of the month of unemployment benefit if there is no decision to temporarily suspend or terminate unemployment benefits for the employee. If the 07th day mentioned above is a holiday, the payment period shall start from the next working day.
At the same time, Clause 2, Article 8 of Circular 28/2015/TT-BLDDTBXH also guides the month of unemployment benefit as follows:
Level and month of unemployment benefits
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2. The month of unemployment benefits as stipulated in Clause 4 Article 21 of Decree No. 28/2015/ND-CP is guided as follows:
The month of unemployment benefits is calculated according to the calendar month. Each month of unemployment benefits is calculated from the date the employee starts to receive unemployment benefits as stipulated in Clause 3 Article 50 of the Employment Law to the same day of the following month minus 01 day.
The unemployment insurance payment schedule for 2024 is determined as follows:
- First month:
Within 05 working days from the date the employee receives the decision on unemployment insurance, the social insurance organization shall pay the first month's unemployment insurance.
- From the second month onward:
Within 05 working days from the 07th day of the month of unemployment insurance, if there is no decision to temporarily suspend or terminate unemployment insurance, the social insurance organization shall pay unemployment insurance benefits to the employee.
*Note:
- If the unemployment insurance payment schedule coincides with a holiday, the payment period shall start from the next working day.
- Employees who are receiving unemployment benefits and whose benefits are terminated on any day of the month in which they are receiving benefits shall still receive unemployment benefits for the entire month.
What conditions must employees meet to receive unemployment insurance benefits in 2024?
The conditions for receiving unemployment insurance benefits are stipulated in Article 49 of the Employment Law 2013 as follows:
Employees specified in Clause 1, Article 43 of the Employment Law 2013 who are paying unemployment insurance premiums are entitled to unemployment benefits if they meet the following conditions:
* Termination of the labor contract or work contract, except in the following cases:
- Employees unilaterally terminate the labor contract, work contract illegally;
- Receiving monthly pension, labor loss allowance;
* Have paid unemployment insurance premiums for 12 months or more within 24 months before terminating the labor contract or work contract if in cases prescribed in points a and b, Clause 1, Article 43 of the Employment Law 2013; have paid unemployment insurance premiums for 12 months or more within 36 months before terminating the labor contract if in the case prescribed in point c, Clause 1, Article 43 of the Employment Law 2013.
* Have submitted an application for unemployment benefits at the employment service center as prescribed in Clause 1, Article 46 of the Employment Law 2013.
* Haven't found a job after 15 days from the date of submitting the application for unemployment benefits, except for the following cases:
- Performing military service, public security service.
- Pursuing study for 12 months or more.
- Serving a decision to adopt a measure to be sent to a reformatory, compulsory education institution, compulsory detoxification facility.
- Being in temporary detention; serving a prison sentence.
- Going abroad to reside; going abroad to work under a contract;
- Death.
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