How to determine the months over which the unemployment benefits are received in Vietnam in 2024?

How to determine the months over which the unemployment benefits are received in Vietnam in 2024?

Pursuant to Clause 2 Article 8 of the Circular 28/2015/TT-BLDTBXH (amended by Clause 3 Article 1 of the Circular 15/2023/TT-BLDTBXH), from February 15th, 2024, the months over which the unemployment benefits are received in Vietnam are determined as follows:

- The monthly unemployment benefits are calculated from the day the worker starts receiving unemployment benefits until the same day of the following month, excluding the first day.

In cases where there is no corresponding day in the following month, the end date of the unemployment benefits is the last day of that month.

Note: The month for calculating unemployment benefits is based on the Gregorian calendar.

How to determine the months over which the unemployment benefits are received in Vietnam in 2024? - image from internet

Is the period of payment of unemployment insurance premiums counted for receiving job loss allowance or severance pay in Vietnam?

Pursuant to Article 45 of the Law on Employment in 2013 stipulating period of payment of unemployment insurance premiums as follows:

Period of payment of unemployment insurance premiums

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.

As regulations above, the period of payment of unemployment insurance premiums is not counted for receiving job loss allowance or severance pay in Vietnam.

What are conditions for unemployment allowance receipt in Vietnam?

Pursuant to Article 49 of the Law on Employment in 2013 stipulating conditions for unemployment allowance receipt in Vietnam as follows:

A worker defined in Clause 1, Article 43 of the Law on Employment in 2013 who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:

- Terminating the labor contract or working contract, except the following cases:

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

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

- 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 as follows:

+ Labor contracts or working contracts of indefinite time;

+ Labor contracts or working contracts of definite time;

- Having paid unemployment insurance premiums for at least full 12 months within 36 months before terminating the labor contract, for the case as follows:

+ 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.

- Having submitted a dossier for receipt of unemployment allowance to an employment service center under Clause 1, Article 46 of the Law on Employment in 2013: 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.

- 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:

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

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

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

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

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

+ He/she dies.

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