Formula for calculating the unemployment insurance reservation period applicable from 15/02/2024 in Vietnam
From 15/02/2024: How to calculate the unemployment insurance reservation period in Vietnam? - Ms. Ha (Ha Noi)
Formula for calculating the unemployment insurance reservation period applicable from 15/02/2024 in Vietnam
Pursuant to Clause 1 Article 9 of the Circular 28/2015/TT-BLDTBXH (amended by Clause 4 Article 1 of the Circular 15/2023/TT-BLDTBXH) stipulating formula for calculating the unemployment insurance reservation as follows:
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Total duration of unemployment insurance contributions to be reserved |
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The duration of unemployment insurance contributions to be reserved when the worker has unpaid months that have not been resolved for unemployment benefits (if any) |
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The duration of unemployment insurance contributions to be reserved when there is a decision to revoke employee's unemployment benefits (if any). |
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The duration of unemployment insurance contributions to be reserved when the unemployment benefits is terminated (if any) |
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The duration of unemployment insurance contributions to be reserved when the worker does not come to collect unemployment benefits (if any). |
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Translation: The duration of unemployment insurance contributions is confirmed as additional after the termination of receiving unemployment benefits (for cases where the worker has received unemployment benefits with less than 36 months of unemployment insurance contributions, the duration of contributions and benefits received will be based on the actual time of contributions and receipt of unemployment benefits) (if any). |
Is it permissible to reserve the months that have not settled the unemployment benefits in Vietnam?
Pursuant to Clause 7 Article 18 of the Decree 28/2015/ND-CP stipulating settlement of unemployment benefits as follows:
Settlement of unemployment benefits
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7. Period of receipt of unemployment benefits shall be calculated based on months of payment of unemployment insurance premiums as defined in paragraph 2 of Article 50 of the Law on Employment. Employees who have paid unemployment insurance over 36 months, the months that have not settled the unemployment benefits shall be reserved as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits as prescribed.
As regulations above, employees who have paid unemployment insurance over 36 months, the months that have not settled the unemployment benefits shall be reserved as a basis of calculating the period of the next unemployment benefits when the employees are qualified for unemployment benefits.
Formula for calculating the unemployment insurance reservation period applicable from 15/02/2024 in Vietnam - Image from Internet
13 cases of termination of unemployment benefits in Vietnam
Pursuant to Clause 1 Article 21 of the Decree 28/2015/ND-CP (amended by Clause 9 Article 1 of the Decree 61/2020/ND-CP) stipulating 13 cases of termination of unemployment benefits in Vietnam as follows:
(1) The duration of unemployment benefits is expired in accordance with the decision of unemployment benefits to employees;
(2) 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.
(3) Employees fulfill military service, police duty;
(4) Employees receive a monthly retirement pension;
(5) 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;
(6) 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;
(7) Employees go abroad to settle, to work with a term overseas under a contract
(8) Employees is sent to take a training course for the period of 12 months or longer.
(9) Employees are penalized for administrative violations due to violations of legislation on unemployment insurance
(10) Employees die
(11) Employees are abiding the decision on application of measures of taking to reform schools, compulsory detoxification centers
(12) Employees are declared to be missing by the court
(13) Employees are detained, serving the prison sentenc
Note: the Circular 15/2023/TT-BLDTBXH takes effect on February 15, 2014.
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