How many months of unemployment benefits are employees in Vietnam entitled to if they have paid unemployment insurance for 1 year?

How many months of unemployment benefits are employees in Vietnam entitled to if they have paid unemployment insurance for 1 year?

Pursuant to Article 50 of the Law on Employment in 2013 stipulating levels, duration and time of receipt of unemployment allowance as follows:

Levels, duration and time of receipt of unemployment allowance

1. The monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed on which unemployment insurance premiums are based, but must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime, or must not exceed 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.

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.

3. The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance as specified in Clause 1, Article 46 of this Law.

As regulations above, an employee who has paid unemployment insurance for 12 months is entitled to 3 months of unemployment benefits.

When shall employees in Vietnam enjoy unemployment benefits in 2023?

Pursuant to Clause 3 Article 50 of the Law on Employment in 2013 stipulating levels, duration and time of receipt of unemployment allowance as follows:

Levels, duration and time of receipt of unemployment allowance

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3. The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance as specified in Clause 1, Article 46 of this Law.

Pursuant to Clause 1 Article 46 of the Law on Employment in 2013 stipulating receipt of unemployment allowance as follows:

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 regulationms above, the time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance.

How to calculate the period of unemployment insurance reserved when going to study for a period of at least 12 months in Vietnam?

Pursuant to Clause 3 Article 53 of the Law on Employment in 2013 stipulating receipt of unemployment allowance as follows:

Suspension, resumption and termination of unemployment allowance receipt

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3. A person on unemployment allowance will stop receiving it in the following cases:

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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, when studying for a term of 12 months or more, the time to pay unemployment insurance is reserved.

The reservation period is calculated by the total time of paying unemployment insurance minus the time of paying for unemployment benefits, on the principle that each month of receiving unemployment benefits corresponds to 12 months of paying for unemployment insurance.

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