Can unemployment insurance contributions over 12 years be reserved in Vietnam?

Can unemployment insurance contributions over 12 years be reserved in Vietnam?

In Article 9 of Circular 28/2015/TT-BLDTBXH amended by Clause 4, Article 1 of Circular 15/2023/TT-BLDTBXH, there are regulations on 05 cases of reservation of unemployment insurance payment period as follows:

Reservation of payment period

1. Reservation of payment period shall be determined as follows:

...

a) Reserved payment period upon availability of remaining payment period

If an employee has a payment period of more than 36 months to 144 months, their remaining payment period will be reserved. If an employee has a payment period of more than 144 months, their remaining payment period will not be reserved. The reserved payment period is documented in the decision on unemployment benefit payout.

Example 5: Ms. Nguyen Thi D has a total payment period of 41 months, so if Ms. D meets all the requirements prescribed in Article 49 of the Law on employment and guiding documents, then she is entitled to receive 3-month unemployment benefit (corresponding to 36 months of payment), and her remaining 5-month payment period will be reserved.

Example 6: Ms. Nguyen Thi E has a total payment period of 150 months, so if Ms. D meets all the requirements prescribed in Article 49 of the Law on employment and guiding documents, then she is entitled to receive 12-month unemployment benefit and has no remaining payment period.

 

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Thus, in case an employee has paid unemployment insurance for more than 12 years, the period of unemployment benefits that have not yet been resolved will not be reserved in Vietnam.

Can unemployment insurance contributions over 12 years be reserved in Vietnam? (Image from the Internet)

When will unemployment benefits suspend in Vietnam?

In Article 53 of the 2013 Employment Law, there are regulations on suspension, resumption and termination of unemployment allowance receipt as follows:

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.

Thus, employees will suspend receiving unemployment benefits when:

- The unemployment benefit period expires;

- Find a job;

- Perform military service and police service;

- Receive monthly pension;

- After 02 times of refusing to accept a job introduced by the employment service center where they are receiving unemployment benefits without a valid reason;

- Fail to submit monthly job search notices for 3 consecutive months;

- Go abroad to settle or work abroad under contract;

- Study for a period of 12 months or more;

- Administratively sanctioned for violations of unemployment insurance laws;

- Die;

- Comply with the decision to apply measures of sending to reformatories, compulsory education establishments, and compulsory detoxification establishments;

- Declare missing by the court;

- Detain; serve a prison sentence.

How long is unemployment benefit in Vietnam?

Clause 2, Article 50 of the 2013 Employment Law stipulates levels, duration and time of receipt of unemployment allowance as follows:

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.

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