What are the procedures for participation in unemployment insurance in Vietnam in 2024? What are the conditions for unemployment allowance receipt in 2024?
What are the procedures for participation in unemployment insurance in Vietnam in 2024?
Pursuant to Subsection 1 of Section II of the Administrative Procedures issued with Decision 351/QD-BLDTBXH in 2024, the procedures for participation in unemployment insurance in 2024 are carried out as follows:
- Implementation steps
Step 1: Within 30 days from the effective date of an employment contract or public employee contract, the employer shall prepare and send required documents for participation in unemployment insurance for their employee to the relevant social insurance agency.
Step 2: Every month, the employer shall make payment of unemployment insurance premiums, equaling 1% of its funding used for paying monthly salaries to employees participating in the unemployment insurance and 1% deducted from the monthly salary of each of such employees, to the unemployment insurance fund.
- Implementation method: The employer prepares and submits required documents for participation in unemployment insurance, and pay the prescribed unemployment insurance premiums for the employee to the relevant social insurance agency.
- Required documents: As required by Vietnam Social Security.
- Quantity of documents: As required by Vietnam Social Security.
- Processing time limit: As prescribed by Vietnam Social Security.
- Entities following this administrative procedure: Employers.
- Agencies in charge of processing this administrative procedure: Social insurance agencies.
- Administrative procedure processing result: Employees participate in unemployment insurance and pay unemployment insurance premiums.
- Charges payable: None.
- Names of application/declaration forms: As prescribed by Vietnam Social Security.
- Requirements for this administrative procedure: Employers purchasing unemployment insurance for their employees include regulatory authorities, public service providers, people’s armed forces; political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations; foreign authorities/organizations and international organizations operating within the territory of Vietnam; enterprises, cooperatives, family households, household businesses, artels, other organizations and individuals that hire and use workers under public employee contracts or employment contracts as defined in clause 1 Article 43 of the Law on Employment 2013.
What are the procedures for participation in unemployment insurance in Vietnam in 2024? What are the conditions for unemployment allowance receipt in 2024? (Image from the Internet)
What are the conditions for unemployment allowance receipt in Vietnam in 2024?
Pursuant to the provisions of Article 49 of the Law on Employment 2013, conditions for unemployment allowance receipt include the following:
A worker defined in Clause 1, Article 43 of the Law on Employment 2013 who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:
(1) 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.
(2) Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract, for the following cases:
- Labor contracts or working contracts of indefinite time;
- Labor contracts or working contracts of definite time;
Or having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract, for the case of seasonal or job-based working contracts with a term of between full 3 months and under 12 months.
(3) Having submitted a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment within 3 months after terminating his/her labor contract or working contract.
(4) 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.
What are the levels of receipt of unemployment allowance in Vietnam?
Pursuant to the provisions of Article 50 of the Law on Employment 2013, it is stipulated as follows:
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
*Note: The monthly unemployment allowance level 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.
*Note: From July 1, 2024, the statutory pay rate shall be annulled after the salary reform. Therefore, there may be a change in the monthly unemployment allowance level.
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