How many times can I receive unemployment benefits in Vietnam? When to terminate receiving unemployment benefits in Vietnam?

How many times can I receive unemployment benefits in Vietnam?

I am a Sanzo factory worker, I paid unemployment insurance from 2010 to 2014, then quit my job and received unemployment benefits. After that, I went back to work in March 2015 and continue to pay unemployment insurance until now. So if I quit my job later, will I still receive unemployment benefits? If so, what is calculation of my unemployment benefit?

Reply:

Pursuant to Article 49 of the 2013 Employment Law, conditions for unemployment allowance receipt

A worker defined in Clause 1, Article 43 of this Law who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:

1. Terminating the labor contract or working contract, except the following cases:

a/ He/she unilaterally terminates the labor contract or working contract in contravention of law;

b/ He/she receives monthly pension or working capacity loss allowance.

2. Having paid unemployment insurance premiums for at least full 12 months within 24 months before terminating the labor contract or working contract, for the case specified at Points a and b, Clause 1, Article 43 of this Law; or having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract, for the case specified at Point c, Clause 1, Article 43 of this Law.

3. Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of this Law.

4. Having not yet found any job after 15 days from the date of submission of the dossier for receipt of unemployment allowance, except the following cases:

a/ He/she performs the military or public security obligation;

b/ He/she attends a training course of full 12 months or longer;

c/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;

d/ He/she is kept in temporary detention or serves a prison sentence;

dd/ He/she goes abroad for settlement or as guest worker;

e/ He/she dies.

In addition, based on Clause 2, Article 45 of the 2013 Employment Law regarding period of payment of unemployment insurance premiums:

2. After a worker stops receiving unemployment allowance, his/her previous period of payment of unemployment insurance premiums is not counted for receiving unemployment allowance for the subsequent time. The period of payment of unemployment insurance premiums for the subsequent receipt of unemployment insurance benefits will be counted from the beginning, except the case of stopping receiving unemployment allowance under Points b, c, h, l, m and n, Clause 3, Article 53 of this Law.

Thus, if you have received unemployment benefits before in Vietnam, you will still be entitled to unemployment benefits for the next time if you are eligible for unemployment benefits as above. However, the unemployment insurance payment period calculated for the next unemployment benefit payment will not be counted for the years that you have enjoyed in the previous time, but will be calculated from the beginning (ie after you have fully enjoyed unemployment benefits and started to pay unemployment insurance again).

Above is the content of our advice on the issue that you have questions about.

How long after I submit my application will I receive unemployment benefits in Vietnam?

I'm an asanzo factory worker, I've been working for 3 years, my company just stopped working in August, I haven't filed for unemployment insurance, can you tell me how much it will cost if I apply now? How long will I receive the money?

Reply:

Pursuant to Article 46 of the 2013 Employment Law, receipt of unemployment allowance is as follows:

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.

In addition, Clause 1, Article 18 of Decree 28/2015/ND-CP stipulates:

Article 18. Settlement of unemployment benefits

1. Employment service centers shall consider, request the Director of the Services of Labour, War Invalids and Social Affairs for decision on unemployment benefits of employees within 20 working days from receipt of a satisfactory application in accordance with regulations, if the application is submitted by post, the date of receipt shall be the date stamped on the postmark.

If employees have not found jobs within 15 working days from the date of submission of application for unemployment benefits decided on unemployment benefit by the Director of the Services of Labour, War Invalids and Social Affairs, the employment service centers shall certify the settlement of unemployment benefits of employees in the social insurance boos and return to the employees along with the decision of unemployment benefits after snapping the social insurance books for records.

The time of unemployment benefits of employees shall be calculated from the 16th working day from the date of submission of the application for unemployment benefits.

Decision on unemployment benefits shall be sent by employment service center as follows: 01 shall be sent to social insurance in central-affiliated cities and provinces (hereinafter referred to as provincial social Insurance) to pay unemployment benefits and grant health insurance cards for employees; 01shall be sent to employees who are entitled to unemployment benefits. Decision on unemployment benefits shall comply with the form defined by the Minister of Labor, War Invalids and Social Affairs .

If employees are not entitled to unemployment benefits, the employment service center must notify in writing and clearly state the reasons.

Thus, according to the above regulations in Vietnam, after 30 working days from the date you submit your application for unemployment benefit, you will receive the first month's unemployment benefit.

Above is the content of our advice on the issue that you have questions about.

Can I continue to receive unemployment benefits while serving in the military in Vietnam?

I am currently receiving my first month of unemployment benefits. Recently, I just received a medical examination notice to perform military service. If I pass the military service, will I continue to receive unemployment benefits?

Reply:

Clause 3, Article 53 of the Employment Law 2013 stipulates that 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.

Thus, when performing military service in Vietnam, you will no longer receive unemployment benefits.

Best regards!