From 2023, how much is the employee's unemployment allowance in Vietnam? What do employees need to do to receive unemployment allowance in Vietnam?
From 2023, how much is the employee's unemployment allowance in Vietnam?
Pursuant to Article 50 of the 2013 Law on Employment of Vietnam stipulating the level of unemployment allowance as follows:
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 statutory pay rate, 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 employment 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 16th 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 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 statutory pay rate.
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, but must not exceed 12 months.
Currently, the statutory pay rate is specified in Article 3 of Decree No. 38/2019/ND-CP as follows:
Statutory pay rate
1. The statutory pay rate is the basis for:
a) Determining the levels of salaries in payrolls, allowances and other benefits as per the law with regard to individuals as defined in Article 2 hereof;
b) Determining subsistence allowances as per the law;
c) Determining contributions and benefits concerning the statutory pay rate.
2. From July 1, 2019, the statutory pay rate is VND 1,490,000 per month.
3. The Government shall request the National Assembly to consider adjusting statutory pay rate in conformity with the capacity of the state budget, consumer price index and national economic growth rate.
However, from July 1, 2023, the statutory pay rate will be adjusted and increased to VND 1,800,000 per month according to the provisions of Article 3 of Resolution No. 69/2022/QH15.
Therefore, in 2023, the unemployment allowance level of employees subject to the salary regime prescribed by the State will be divided into two milestones as follows:
- From January 1, 2023 to June 30, 2023:
During this period, the level of unemployment benefits that employees who are subject to the salary regime prescribed by the State will be calculated as follows:
+ In case of maximum monthly unemployment allowance:
1,490,000 x 5 = 7,450,000 VND/month
- From July 1, 2023 onwards:
The maximum monthly unemployment allowance that an employee is subject to the salary regime prescribed by the State will be calculated as follows:
1,800,000 x 5 = 9,000,000 VND/month.
From 2023, how much is the employee's unemployment allowance in Vietnam? What do employees need to do to receive unemployment allowance in Vietnam?
What do employees need to do to receive unemployment allowance in Vietnam?
Pursuant to Article 46 of the 2013 Law on Employment of Vietnam stipulating the receipt of unemployment allowance 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, 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.
What is the application for unemployment allowance in Vietnam?
Pursuant to Article 16 of Decree No. 28/2015/ND-CP (amended by Clause 6, Article 1 of Decree No. 61/2020/ND-CP) stipulating the application for unemployment allowance in Vietnam as follows:
- A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.
- The primary or certified true copy, or the duplicate copy submitted along the primary copy for checking purposes, of one of the documents certifying the termination of the employment contract.
- Social insurance books
Social insurance organizations shall certify the premium payment of unemployment insurance and return the social insurance book to employees within 05 working days from receipt of the request of the employers.
Employers being agencies, units and enterprises of the Ministry of National Defense, the Ministry of Public Security shall, within 30 days, social insurance of the Ministry of National Defense, social insurance of the people’s public security forces shall certify the premium payment of unemployment insurance and return the social insurance book to employees from the date of receipt of the request of the employers.
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