Can I continue to receive unemployment benefits while having a job in Vietnam?

Can I continue to receive unemployment benefits while having a job in Vietnam?

In Clause 1, Article 21 of Decree No. 28/2015/ND-CP, as amended by Clause 9, Article 1 of Decree 61/2020/ND-CP, the cases employees who are entitled to unemployment benefits are terminated their unemployment benefits shall be defined as follows:

1. The cases employees who are entitled to unemployment benefits are terminated their unemployment benefits shall be defined as follows:

a) The duration of unemployment benefits is expired in accordance with the decision of unemployment benefits to employees;

b) The receiving employee manages to find a job

An employee will be deemed as employed of he/she falls into one of the following cases:

- He/she has concluded an employment contract, a seasonal labor contract or a piecework contract with a term of full 1 month or more. The date on which the employee is determined as having a job is the effective date of the employment or labor contract in accordance with law;

- There is a recruitment or appointment decision for cases in which an employee is not classified as eligible for entry into a labor or employment contract. The date on which the employee is determined to be employed in this case is the date on which the employee is placed with a job or is appointed as stated in the recruitment or appointment decision;

- He/she has business household registration certificate in case the employee is the homeowner of the business household, or has an enterprise registration certificate in case the employee is the business owner. The date on which an employee is determined to have a job is the date on which the employee notifies the employment service center of their business commencement.

- The employee notifies the employment service center that he/she has got a job. The date on which the employee is determined as having a job is the date specified in the employee’s notice of being employed.

c) Employees fulfill military service, police duty

The date on which the employees are defined to fulfill military service, police duty shall be the date employees join the army.

d) He/she receives monthly retirement pension

The date on which the employee is determined to receive retirement pension is the first day of entitlement to the retirement pension stated in the social insurance agency's written document regarding the employee's entitlement to the monthly pension.

dd) After 02 job recommendation efforts made by the employment service center at the place where he/she is receiving the unemployment benefit, the employee keep refusing to the center’s recommended placements on none of sound grounds.

If the employee receiving unemployment benefit refuses to take up a job in the following cases, he/she shall be determined not to give any sound reason:

- The employee is recommended by the employment service center to the job matching his/her training discipline or qualification, or the job the employee took in the past, as specified in the job consultancy and placement slip, but does not turn up for the candidate interview;

- The employee who already participates in the candidate interview upon the recommendation of the employment service center at the place where he/she is receiving unemployment benefit and is offered a job by the employer refuses to take the job after successfully passing the candidate interview, except in case the offered job is not the same as the one shown in the employer's job vacancy advertisement.

dd) After 02 times the employees refuse the jobs placed by the employment service center where they are receiving unemployment benefits without a plausible reason.

Employees who are entitled to unemployment benefits refusing the job in one of the following cases shall be determined to have no plausible reason:

- Jobs matching trained occupations and qualifications of the employees;

- Jobs that the employees have worked.

e) During the period of enjoying unemployment benefit, he/she fails to send monthly notices to provide the employment service center with his/her updated job search status for 03 consecutive months in accordance with law.

The date on which an employee is determined as subject to the termination of entitlement to unemployment benefit is the deadline for issuance of the job search notice in the 3^rd month of the consecutive 3-month period during which the employee does not make monthly notices of his/her updated job search.

g) Employees go abroad to settle, to work with a term overseas under a contract

The date on which the employees are determined to settle abroad, to work with a term overseas under a contract shall be the date the employees exit as prescribed by legislation on entry and exit.

h) He/she is sent to take a training course for the period of 12 months or longer.

The date on which the employee is determined to be sent for a training course with the term of full 12 months or more is the date of admission stated in the admission notice.

i) Employees are penalized for administrative violations due to violations of legislation on unemployment insurance

The date on which the employee is determined to be penalized for the above administrative violations shall be the date the employees are penalized by the decision of the competent authority.

k) Employees die

The date on which the employees are identified to be dead shall be the date of the death certificate.

l) Employees are abiding the decision on application of measures of taking to reform schools, compulsory detoxification centers

The date on which the employees are determined to abide the decision on application of measures of taking to reform school, compulsory detoxification centers shall be the starting date of administrative handling measures recorded in decisions of the competent authority.

m) Employees are declared to be missing by the court

The date on which the employees are missing shall be identified in the court's decision.

n) Employees are detained, serving the prison sentence

The date on which the employees are determined to be detained or to serve a prison sentence shall be the starting date of implementation of the decision of detention, imprisonment of the competent authority.

Thus, from the time you signed the working contract to now, it has been more than 1 month. According to the provisions of the law in Vietnam, unemployment benefit beneficiaries who have entered into a working contract for a full month or more will terminate their unemployment benefits. In your case, you will no longer receive unemployment benefits.

Which agency has authority to decide to terminate unemployment benefits to employees having jobs in Vietnam?

According to Clause 3, Article 21 of Decree No. 28/2015/ND-CP, the termination of unemployment benefits is as follows:

3. For employees who are entitled to unemployment benefits but terminated unemployment benefits in the cases specified at Points b, c, d, dd, e, g, h, i, k, l, m and n Paragraph 1 of this Article, the employment service center jobs where the employees are entitled to unemployment benefits shall request the Director of the Services of Labour, War Invalids and Social Affairs for decision on the termination of unemployment benefits to employees.

Decision on determination of unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance at province level in order to terminate the unemployment benefits for employees ; 01shall be sent to employees. Decision on termination of unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs

Therefore, the employment service center where you are receiving unemployment benefits will have the right to decide the termination of your unemployment benefits in Vietnam.

Best Regards!