Vietnam: Will the unemployment benefit amount that the employee does not receive be reserved?
Vietnam: Will the unemployment benefit amount that the employee does not receive be reserved?
Pursuant to Clause 6, Article 18 of Decree 28/2015/ND-CP stipulates as follows:
Settlement of unemployment benefits
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6. Within 03 months from the date of expiry of unemployment benefit of the employees under the decision of unemployment benefits, but the employees do not receive unemployment allowance and notify in writing to the social insurance organization where they are receiving unemployment allowance, such employees shall be determined to have no need for unemployment benefits. Time of payment of unemployment insurance premium corresponding to the unemployment allowance that the employees do not to get shall be stored as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.
Within 07 working days after the above duration, the social insurance organizations must notify in writing to the employment service center where the employees are receiving unemployment benefits about their failure to receive unemployment allowance. Notification of failure to receive unemployment allowance shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs.
Within 10 working days from receipt of the notice of the social insurance organization, employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on reservation of the period of premium payment of unemployment insurance for employees.
Decision on reservation of period of payment of unemployment insurance premiums shall be sent by employment service center as follows : 01 shall be sent to the provincial Social Insurance to reserve the period of payment of unemployment insurance premium for the employees; 01shall be sent to employees. Decision on preservation of period of payment of unemployment benefit premium shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs
Accordingly, in case the employee does not receive unemployment insurance benefits, the unemployment insurance payment period corresponding to the amount of unemployment benefits that the employee does not receive is reserved as a basis for calculating the time. receive unemployment benefits for the next unemployment benefit when eligible.
This means that the unemployment benefit amount that the employee does not receive will be reserved and counted in the next receipt.
Vietnam: Will the unemployment benefit amount that the employee does not receive be reserved?
What are the conditions for unemployment allowance receipt in Vietnam?
Article 49 of the Law on Employment 2013 stipulates the conditions for unemployment allowance receipt.
A worker defined in Clause 1, Article 43 of Law on Employment 2013 who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:
- 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.
- Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract, for the case specified at Points a and b, Clause 1, Article 43 of this Law; or having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract, for the case specified at Point c, Clause 1, Article 43 of this Law.
- Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of this Law.
- 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.
How to calculate the duration of receipt of unemployment allowance in Vietnam?
Article 50 of the Law on Employment 2013 regulates the level, duration, and time of receiving unemployment benefits.
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 basic wage level, 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 labor 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 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 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 basic wage level, 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 labor contract or working contract.
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