Are employees who have terminated their employment contracts for more than 3 months allowed to receive unemployment allowance in Vietnam?

Are employees who have terminated their employment contracts for more than 3 months allowed to receive unemployment allowance in Vietnam?

Pursuant to Article 46 of the Law on Employment in 2013 stipulating receipt of unemployment allowance:

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.

As regulated above, if an employee terminate the employment contract and does not submit a dossier for receipt of unemployment allowance after terminating his/her labor contract or working contract, he/she will not be eligible for unemployment allowance.

The period of participation in social insurance without receiving unemployment allowance will be reserved for the next time they meet the eligibility criteria for unemployment allowance.

Are employees who have terminated their employment contracts for more than 3 months allowed to receive unemployment allowance in Vietnam? Are employees on unemployment allowance required to their job seeking in Vietnam? - image from internet

Are employees on unemployment allowance required to notify their job seeking in Vietnam?

Pursuant to Clause 1 Article 52 of the Law on Employment in 2013 stipulating notification of job seeking:

Notification of job seeking

1. While on unemployment allowance, monthly, a worker shall directly notify his/her job seeking to the employment service center of the locality where he/she currently receives unemployment allowance, except the following cases:

a/ He/she is sick or on maternity leave or has an accident as certified in writing by a competent health establishment prescribed by the law on medical examination and treatment;

b/ Force majeure cases.

2. The worker shall notify the case specified at Point a or b, Clause 1 of this Article to the employment service center of the locality where he/she currently receives unemployment allowance.

3. The Ministry of Labor, War Invalids and Social Affairs shall guide the implementation of this Article.

As regulated above, employees on unemployment allowance are required to notify their job seeking in Vietnam.

However, they are not required to notify their job seeking in Vietnam, except the following cases:

- He/she is sick or on maternity leave or has an accident as certified in writing by a competent health establishment prescribed by the law on medical examination and treatment;

- Force majeure cases.

Will the unemployment allowance of employees be suspended if they do not notify their job seeking in Vietnam?

Pursuant to Clause 1 Article 53 of the Law on Employment in 2013 stipulating suspension, resumption and termination of unemployment allowance receipt:

Suspension, resumption and termination of unemployment allowance receipt

1. Persons on unemployment allowance will be suspended from receiving it if they fail to monthly notify their job seeking under Article 52 of this Law.

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.

4. Workers who stop receiving unemployment allowance in the cases specified at Points b, c, h, l, m and n, Clause 3 of this Article may have the period of payment of unemployment insurance premiums reserved for calculating the subsequent duration of receipt of unemployment allowance when they fully satisfy the conditions specified in Article 49 of this Law.

The reserved period equals the total of the periods of payment of unemployment insurance premiums minus the period during which the worker has received unemployment allowance, with one month of receipt of unemployment allowance equivalent to 12 months of payment of unemployment insurance premiums.

As regulated above, the unemployment allowance of employees will be suspended if they do not notify their job seeking in Vietnam.

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