Vietnam: What are the cases where a person is still entitled to unemployment benefits after finding a job?
When will employees be entitled to unemployment benefits in Vietnam?
According to the provisions of Article 49 of the Law on Employment 2013, employees are entitled to unemployment benefits when they meet the following conditions:
First: 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.
Second: Pay Unemployment Insurance
(1) Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract: Labor contracts or working contracts of indefinite time;Labor contracts or working contracts of definite time;
(2) Having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract: Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.
Third: Having submitted a dossier for receipt of unemployment allowance to an employment service center within 3 months after terminating his/her labor contract or working contract
Fourth: 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.
Vietnam: What are the cases where a person is still entitled to unemployment benefits after finding a job?
When is the time of receipt of unemployment allowance in Vietnam?
Pursuant to Article 50 of the Law on Employment 2013, there are provisions as follows:
Levels, duration and time of receipt of unemployment allowance
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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 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.
On the other hand, 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.
Vietnam: What are the cases where a person is still entitled to unemployment benefits after finding a job?
Pursuant to Point b, Clause 3, Article 53 of the Law on Employment 2013, regulations on suspension, resumption and termination of unemployment allowance receipt are as follows:
Suspension, resumption and termination of unemployment allowance receipt
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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;
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In addition, according to the provisions of Clause 4, Article 21 of Decree 28/2015/ND-CP, regulations on termination of unemployment benefits are specifically as follows:
Termination of unemployment benefits
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3. For employees who are entitled to unemployment benefits but terminated unemployment benefits in the cases specified at Points b, c, d, dd, e, g, h, i, k, l, m and n Paragraph 1 of this Article, the employment service center jobs where the employees are entitled to unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the termination of unemployment benefits to employees.
Decision on determination of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to terminate the unemployment benefits for employees ; 01shall be sent to employees. Decision on termination of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs
4. The employees who are entitled to unemployment benefits and terminated unemployment benefits on the dates of the month of unemployment benefits, the employees shall still receive unemployment benefits for the whole month.
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Through the above grounds, in principle, a person on unemployment allowance will stop receiving it when they find a job.
However, the employees who are entitled to unemployment benefits and terminated unemployment benefits on the dates of the month of unemployment benefits, the employees shall still receive unemployment benefits for the whole month
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