If I work as an accountant in 02 companies, do I have to participate in unemployment insurance in both places in Vietnam? Do management public employees have to pay unemployment insurance in Vietnam?

If I work as an accountant in 02 companies, do I have to participate in unemployment insurance in both places in Vietnam?

I just signed an official contract at the second company, I work as an accountant. Let me ask, do I have to participate in unemployment insurance in both places?

Reply:

Pursuant to Point c, Clause 1, Article 43 of the 2013 Employment Law, it is stipulated that workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:

c/ Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.

In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.

Thus, in principle, in cases where an employee has entered into and is performing multiple labor contracts specified in this Clause, the employee and the employer of the first labor contract signed are responsible for obligation to participate in unemployment insurance. Therefore, if you work as an accountant for 2 companies, you will participate in the first company's unemployment insurance in Vietnam.

If I work as an accountant in 02 companies, do I have to participate in unemployment insurance in both places in Vietnam? Do management public employees have to pay unemployment insurance in Vietnam? (Image from the Internet)

Do management public employees have to pay unemployment insurance in Vietnam?

I have a question, I work at a public service unit. I don't know if management public employees have to pay unemployment insurance or not?

Reply:

According to the provisions of Article 43 of the 2013 Employment Law, compulsory participants in unemployment insurance include:

1. Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:

a/ Labor contracts or working contracts of indefinite time;

b/ Labor contracts or working contracts of definite time;

c/ Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.

In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.

2. Workers defined in Clause 1 of this Article who are currently on pension or doing housework are not required to participate in unemployment insurance.

3. Employers obliged to participate in unemployment insurance include state agencies, public non-business units and people’s armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations; foreign agencies and organizations and international organizations operating in the Vietnamese territory; enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals that hire or employ workers under the labor contracts or working contracts specified in Clause 1 of this Article.

And in Clause 1, Article 3 of the Law on Public Employees 2010, managerial public employee means a person appointed to hold a managerial post for a specified period, responsible for administering and organizing the performance of one or more than one work in a public non-business unit but not regarded as a civil servant, and receiving a managerial-post allowance.

Furthermore, Section 2 of Official Dispatch 1734/BHXH-QLT 2017 stipulates as follows:

2.1. Participants in social insurance, occupational accident and occupational disease insurance, health insurance and unemployment insurance

a) People working under labor contracts whose term is at least 3 months, including labor contracts signed between employers and legal representative of people under 15 years old in accordance with regulations of law;

b) Officials and public employees prescribed by law; Officials and public employees in charge of management are not required to participate in unemployment insurance;

c) Managers of enterprises and directors of cooperatives receiving salaries;

Thus, based on the above regulations in Vietnam, management public employees will not be subject to unemployment insurance contributions. You rely on the above regulations to comply properly.

How long will I interrupt my participation in unemployment insurance to not receive unemployment benefits in Vietnam?

Let me ask, from May 2018 to October 2018, I paid 6 months of unemployment insurance. From April 2021 to September 2021, I can pay for another 6 months. Total is 12 months. So am I entitled to unemployment benefits?

Reply:

Clause 2, Article 49 of the 2013 Employment Law has regulations on conditions for unemployment allowance receipt as follows:

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 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.

According to Point b, Clause 1, Article 43 of the 2013 Employment Law regulates Labor contracts or working contracts of definite time.

According to regulations in Vietnam, from September 2019 to September 2021 you must pay at least 12 months of unemployment insurance to meet this condition.

Based on the information you provided, compared to the above insurance payment period, you have not paid full 12 months of unemployment insurance so you will not be eligible to receive unemployment benefits in Vietnam.

Best regards!