Vietnam Social Security guides the preservation of unemployment insurance contribution period over 12 years
How does Vietnam Social Security guide the preservation of unemployment insurance payment periods exceeding 12 years?
Vietnam Social Security issued Official Dispatch 3731/BHXH-CSXH in 2023 to guide the preservation of unemployment insurance payment periods exceeding 12 years, as follows:
First, review and cut off the unemployment insurance payment periods exceeding 12 years that have been preserved in the software system (TST) from January 1, 2021, to date for cases where the unemployment insurance payment periods exceeding 12 years have been handled with the maximum unemployment benefit entitlement of 12 years according to the guidance in Official Dispatch 4379/LDTBXH-VL. Complete and report the results to Vietnam Social Security before December 31, 2023.
In case the employee has a decision to receive unemployment benefits and then a decision to cancel the unemployment benefits due to the employee's failure to come to receive the decision (as stipulated in Clause 3, Article 18 of Decree No. 28/2015/ND-CP dated March 12, 2015, amended and supplemented by Clause 8, Article 1 of Decree No. 61/2020/ND-CP dated May 29, 2020, of the Government of Vietnam), the entire unpaid unemployment insurance payment period, including periods exceeding 12 years (if any), shall be preserved.
Second, when confirming the unemployment insurance payment periods for employees who resign, re-issue the social insurance book or the supplementary pages of the social insurance book: Check the number of times and the duration of receiving unemployment benefits and the reserved unemployment insurance payment periods after receiving unemployment benefits of the employees in order to cut off the periods of unemployment insurance payment that have been received as unemployment benefits, and the unemployment insurance payment periods exceeding 12 years as prescribed.
Third, when receiving decisions from the Employment Service Center:
Check the preserved unemployment insurance payment periods recorded in the decisions on the entitlement or termination of unemployment benefits for cases with unemployment insurance payment periods exceeding 12 years.
If the preservation of the unemployment insurance payment periods is not in accordance with the guidance in Official Dispatch 4379/LDTBXH-VL, perform the payment according to the procedure specified by the Vietnam Social Security in Decision 166/QD-BHXH dated January 31, 2019; The preservation of the unemployment insurance payment periods for these cases shall be carried out according to the guidance in Official Dispatch 4379/LDTBXH-VL. At the same time, there should be a written proposal to the Department of Labor, Invalids, and Social Affairs to issue a decision adjusting the preserved unemployment insurance payment periods.
Additionally, check the number of times and the duration of receiving unemployment benefits and the preserved unemployment insurance payment periods when terminating previous unemployment benefits.
If the preserved unemployment insurance payment periods are not in accordance with the guidance in Official Dispatch 4379/LDTBXH-VL, confirm the unpaid unemployment insurance payment periods on the social insurance book and send a written recommendation to the Department of Labor, Invalids, and Social Affairs to adjust the decision on the entitlement of unemployment benefits for the employee. Based on the adjustment decision of the Department of Labor, Invalids, and Social Affairs, organize the payment of unemployment benefits to the employee.
Read the full Official Dispatch 3731/BHXH-CSXH in 2023 here.
How does Vietnam Social Security guide the preservation of unemployment insurance payment periods exceeding 12 years?
What is the contribution rate for unemployment insurance?
According to Article 57 of the Law on Employment 2013, the regulations are as follows:
Contribution rates, formation, and use of the Unemployment Insurance Fund
1. The contribution rates and responsibilities for unemployment insurance are prescribed as follows:
a) Employees contribute 1% of their monthly salary;
b) Employers contribute 1% of the monthly salary fund of employees participating in unemployment insurance;
c) The state supports up to 1% of the monthly salary fund contributing to unemployment insurance for employees participating in unemployment insurance, ensured by the central budget.
2. The unemployment insurance fund is formed from:
a) Contribution and support amounts as prescribed in Clause 1 of this Article;
b) Profits from investments made by the fund;
c) Other lawful revenues.
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The unemployment insurance contribution rates are prescribed as follows:
- Employees contribute 1% of their monthly salary;- Employers contribute 1% of the monthly salary fund of employees participating in unemployment insurance;- The state supports up to 1% of the monthly salary fund contributing to unemployment insurance for employees participating in unemployment insurance, and is ensured by the central budget.
How long after submitting an application for unemployment benefits will they be received?
According to Article 46 of the Law on Employment 2013, the regulations on receiving unemployment benefits are specifically as follows:
Receiving unemployment benefits
1. Within 3 months from the date of termination of the labor contract or working contract, employees must submit their application for unemployment benefits at an employment service center established by the state employment management agency.
2. Within 20 days from the date the employment service center receives a complete application, the competent state agency shall issue a decision on the receipt of unemployment benefits; if the applicant does not meet the eligibility conditions for unemployment benefits, they must respond in writing to the employee.
3. The social insurance organization shall pay unemployment benefits to the employee within 5 days from the date of receiving the decision on unemployment benefits.
Accordingly, under the above regulation, a person submitting an application for unemployment benefits, within 20 days from the date the employment service center receives a complete application, the competent state agency must issue a decision on unemployment benefits.
Within 5 days from the date of receiving the decision on unemployment benefits, the social insurance organization shall pay the unemployment benefits to the employee.
Therefore, a person submitting an application for unemployment benefits will receive them within a maximum of 25 days, according to the law.
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