Vietnam: Not receiving unemployment benefits for military service, is it necessary to notify the employment service center?
- Can military service continue to receive unemployment benefits in Vietnam?
- If you do not receive unemployment benefits for military service, do you need to notify the employment service center in Vietnam?
- Is it possible to reserve the time to pay unemployment insurance while serving in the military in Vietnam?
Can military service continue to receive unemployment benefits in Vietnam?
Pursuant to Clause 3, Article 53 of the 2013 Employment Law as follows:
Article 53. Suspension, resumption and termination of unemployment allowance receipt
…
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.
At the same time, based on the provisions of Point c, Clause 1, Article 21 of Decree 28/2015/ND-CP:
Article 21. Termination of unemployment benefits
…
1. The cases employees who are entitled to unemployment benefits are terminated their unemployment benefits shall be defined as follows:
…
c) Employees fulfill military service, police duty
The date on which the employees are defined to fulfill military service, police duty shall be the date employees join the army.
Thus, according to the above provisions, employees who are receiving unemployment benefits will be terminated from receiving unemployment benefits when performing military service. Therefore, if you are receiving unemployment benefits when you enlist, you will be terminated from unemployment benefits and you will not be able to ask your family member to take over unemployment benefits.
Vietnam: Not receiving unemployment benefits for military service, is it necessary to notify the employment service center?
If you do not receive unemployment benefits for military service, do you need to notify the employment service center in Vietnam?
Pursuant to the provisions of Clause 9 Article 1 of Decree 61/2020/ND-CP stipulates as follows:
…
2. Within duration of 03 working days from the date on which the employee classified as subject to the termination of entitlement to unemployment benefit under the provisions of Points b, c, d and h of clause 1 of this Article, the employee must notify the employment service center at the place where he/she is enjoying unemployment benefit and send duplicated copies of papers pertaining to the termination of unemployment benefit. If these copies are sent by post, the postmark date shall prevail.
Thus, according to the above provisions, if the employee is not entitled to receive unemployment benefits for military service, he/she must notify the employment service center, within 03 working days from the date of termination of unemployment benefits as prescribed for military service, the employee must notify the employment service center. are receiving form-based unemployment benefits and accompanying the decision to enlist. Therefore, when you enlist, within 03 working days from the date of termination of unemployment benefits as prescribed, you must notify the employment service center where you are receiving unemployment benefits according to the form and accompany the decision to enlist.
Is it possible to reserve the time to pay unemployment insurance while serving in the military in Vietnam?
Pursuant to Clause 5 Article 21 of Decree 28/2015/ND-CP amended by Clause 9 Article 1 of Decree 61/2020/ND-CP stipulates as follows:
- An employee who is terminated from receiving unemployment benefits in the cases specified at Points b, c, h, l, m and n, Clause 1 of this Article, the period of payment of unemployment insurance corresponding to the remaining time that the employee has not received unemployment benefits is reserved as a basis for calculating the time to receive unemployment benefits for the time of receiving benefits. the next unemployment grant when eligible for unemployment benefits as prescribed, unless the employee is terminated from receiving unemployment benefits as prescribed at Points b, c and h, Clause 1 of this Article but fails to comply with the notice specified in Clause 2 of this Article.
- The reservation period is calculated as the total period of unemployment insurance contributions minus the period of payment of unemployment benefits on the principle that each month has received unemployment benefits corresponding to 12 months of unemployment insurance contributions and except for odd months of unresolved unemployment benefits reserved in the decision on receiving unemployment benefits (if Yes).
Accordingly, you perform military service as 01 in cases of termination of unemployment benefits but are reserved the time to pay unemployment insurance premiums.
LawNet
