How many years do I need to work to receive unemployment allowance in Vietnam?

How many years do I need to work to receive unemployment allowance in Vietnam?

Article 50 of the 2013 Employment Law provides for levels, duration and time of receipt of unemployment allowance as follows:

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.

In Clause 1, Article 43 of the Employment Law 2013, there are regulations on compulsory participants in unemployment insurance as follows:

1. Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:

a/ Labor contracts or working contracts of indefinite time;

b/ Labor contracts or working contracts of definite time;

c/ Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.

In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.

According to current regulations in Vietnam, in case you want to receive unemployment benefits, you must pay unemployment insurance premiums for 12 months or more. Therefore, when you are signed a contract from June 2022 (the time you join unemployment insurance), you must work at least until June 2023 before you can enjoy unemployment benefits.

Can I receive unemployment insurance if I have interrupted periods of payment of unemployment insurance premiums in Vietnam?

In Article 45 of the 2013 Employment Law, period of payment of unemployment insurance premiums is as follows:

1. The period of payment of unemployment insurance premiums for receipt of unemployment insurance benefits is the total of consecutive or interrupted periods of payment of unemployment insurance premiums from the starting time of such payment to the time the worker terminates his/her labor contract or working contract under law but during which he/she has not yet received any unemployment allowance.

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.

3. The period of payment of unemployment insurance premiums is not counted for receiving job loss allowance or severance pay under the laws on labor and public employees.

Thus, in case of not paying unemployment insurance continuously, they are still entitled to unemployment benefits. The period of consideration for unemployment insurance benefits is the sum of the periods of time when unemployment insurance premiums have been paid, which are not continuously accumulated from the time the unemployment insurance premium is started until the employee terminates his/her labor contract or working contract in accordance with the law without receiving unemployment allowance in Vietnam.

What are regulations on principles of unemployment insurance in Vietnam?

Article 41 of the Employment Law 2013 provides principles of unemployment insurance as follows:

1. Ensuring risk sharing among unemployment insurance participants.

2. The levels of payable unemployment insurance premiums are based on wages of workers.

3. The levels of unemployment insurance benefits are based on the levels and duration of payment of unemployment insurance premiums.

4. Unemployment insurance is implemented in a simple, easy and convenient manner, promptly and adequately ensuring the interests of unemployment insurance participants.

5. The Unemployment Insurance Fund is managed in a centralized, uniform, public, transparent and safe manner and protected by the State.

According to this Article, the principles of unemployment insurance in Vietnam are prescribed as above.

Best Regards!