What are the cases of revocation of decision on entitlement to unemployment benefits in Vietnam?
- What are the cases of revocation of decision on entitlement to unemployment benefits in Vietnam?
- Vietnam: When can employees submit dossiers for receipt of unemployment allowance to employment service centers after terminating employment contracts?
- Vietnam: If employees pay voluntary social insurance while receiving unemployment allowance, will their unemployment benefits be suspended?
What are the cases of revocation of decision on entitlement to unemployment benefits in Vietnam?
In Clause 3, Article 18 of Decree 28/2015/ND-CP, amended by Clause 8, Article 1 of Decree 61/2020/ND-CP, it is stipulated:
Settlement of unemployment benefits
...
3. Within 03 working days inscribed in the appointment note to inform application processing results according to Form No. 01 issued together with this Decree, if the employee does not come to pick up the decision on entitlement to unemployment benefit or does not authorize any other to do so without notifying the employment service center of the acceptable reasons for not turning up for the decision, he/she shall be deemed as no need for unemployment benefit. Within 02 working days from the deadline for the employee’s picking up the decision stated in the appointment note, the employment service center shall request the Director of the Department of Labor - Invalids and Social Affairs to issue the decision on revocation of the decision on the employee’s entitlement to unemployment benefit using Form No. 02 issued together with this Decree.
Decision on revocation of the decision on the employee’s entitlement to the unemployment benefit which is sent by the employment service center shall include 01 copy sent to the provincial social insurance agency so as to prevent them from paying the unemployment benefit to the employee; 01 copy sent to the employee.
...
Thus, within 03 working days inscribed in the appointment note to inform application processing results, if the employee does not come to pick up the decision on entitlement to unemployment benefit or does not authorize any other to do so without notifying the employment service center of the acceptable reasons for not turning up for the decision, he/she shall be deemed as no need for unemployment benefit.
At this time, within 02 working days from the deadline for the employee’s picking up the decision stated in the appointment note, the employment service center shall request the Director of the Department of Labor - Invalids and Social Affairs to issue the decision on revocation of the decision on the employee’s entitlement to unemployment benefit.
What are the cases of revocation of decision on entitlement to unemployment benefits in Vietnam?
Vietnam: When can employees submit dossiers for receipt of unemployment allowance to employment service centers after terminating employment contracts?
Clause 1, Article 46 of the Law on Employment 2013 provides:
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, immediately after terminating employment contracts, employees can submit dossiers for receipt of unemployment allowance to an employment service center.
The deadline for submitting dossiers for receipt of unemployment allowance is 03 months after terminating employment contracts.
Vietnam: If employees pay voluntary social insurance while receiving unemployment allowance, will their unemployment benefits be suspended?
In Clause 3, Article 53 of the Law on Employment 2013, there are provisions as follows:
Suspension, resumption and termination of unemployment allowance receipt
...
2. Workers who are suspended from receiving unemployment allowance may continue receiving it under the decisions on unemployment allowance receipt if the receipt duration has not yet expired and they monthly notify their job seeking under Article 52 of this Law.
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.
...
In case an employee, while receiving unemployment benefits, voluntarily participating in social insurance contributions does not fall into one of the cases prescribed above.
Thus, employees who participate in voluntary social insurance contributions while receiving unemployment benefits will not have their unemployment benefits suspended.
LawNet