If date employment contract of employees take effect, how long do I have to submit application for unemployment insurance in Vietnam?

If date employment contract of employees take effect, how long do I have to submit application for unemployment insurance in Vietnam?

Pursuant to Article 11 of Decree 28/2015/ND-CP stipulating unemployment insurance participation as follows:

1. Application for unemployment insurance shall be application for compulsory social insurance, including the specific content of unemployment insurance participation.

2. Employers shall make and submit application for unemployment insurance of employees to social insurance organizations within 30 days from the date labor contract or employment contract of the employees take effect.

If employees have concluded a labor contract under seasonal work or under a certain job from 03 full months to less than 12 full months before January 01, 2015 and 01 are carrying out such labor contract, employers must pay unemployment insurance for such employees in case the contract term is in at least 03 months.

If employees conclude many labor contracts as defined in Paragraph 1, Article 43 of the Law on Employment and are participating in unemployment insurance under the first effective concluded labor contract, upon termination or change of contract workers resulting ineligibility for unemployment insurance of the employees, the employees and the employers under unemployment insurance participation of the next effective concluded labor contracts shall be responsible for participation in unemployment insurance as prescribed by law.

If employees take the unpaid maternity leave or sick leave for 14 working days or more, receiving social insurance allowance, employees postpone labor contract or working contract concluded in accordance with the law; such employees are not eligible for unemployment insurance during this period.

As such, your enterprise must prepare and submit the employee's application for unemployment insurance to the social insurance organization within 30 days from the date labor contract or employment contract of the employees take effect. The application for unemployment insurance is also a dossier for participation in compulsory social insurance in Vietnam.

Where can I track payment of unemployment insurance premium in Vietnam?

According to Article 13 of Decree 28/2015/ND-CP stipulating record of payment of unemployment insurance premium, receipt of unemployment insurance allowance as follows:

1. Records of payment of unemployment insurance premium, receipt of unemployment insurance allowance of employees under the provisions of this Decree shall be social insurance books.

2. Vietnam social insurance shall issue the form of social insurance books.

According to this Article, you can monitor the payment of unemployment insurance premium, receipt of unemployment insurance allowance by employees through the management of social insurance books in Vietnam.

When are employees determined to be paying unemployment insurance premium in Vietnam?

In Article 12 of Decree 28/2015/ND-CP, as amended by Clause 4, Article 1 of Decree 61/2020/ND-CP, unemployment insurance premium payment is paid as follows:

1. The payment time of unemployment insurance premium of employers and employees shall be the payment time of compulsory social insurance.

2. An employee is certified to be currently paying unemployment insurance contribution under the provisions of Article 49 of the Employment Law if he/she falls into one of the following cases:

a) That employee has paid unemployment insurance contribution for the month of termination of employment or labor contract, which is certified by the social insurance agency in his/her social insurance book;

b) That employee has paid unemployment insurance contribution for the month preceding the month of termination of employment or labor contract, which is certified by the social insurance agency in his/her social insurance book;

c) That employee takes sickness or maternity leave for 14 working days or more at the employer’s office without being paid any monthly salary or wage in the month preceding the month of termination of labor or employment contract, or in the month of termination of labor or employment contract, which is certified by the social insurance agency in his/her social insurance book;

d) That employee takes unpaid leave for 14 working days or more in the month preceding the month of termination of labor or employment contract, or in the month of termination of labor or employment contract, which is certified by the social insurance agency in his/her social insurance book;

dd) That employee temporarily suspend the execution of his/her labor or employment contract for 14 working days or more in the month preceding the month of termination of labor or employment contract, or in the month of termination of labor or employment contract, which is certified by the social insurance agency in his/her social insurance book.

3. The month of payment of unemployment insurance contribution for an employee will be counted if the employer and the employee have performed the labor or employment contract, and have paid unemployment insurance constructions.

If the employee already entitled to unemployment benefits obtains certification of the additional time of payment of unemployment insurance after having their entitlement terminated, the additional time shall be determined as the period of time during which UI contribution has been made, but UI benefits have not been received, under clause 1 of Article 45 in the Law on Employment.

Thus, an employee is determined to be paying unemployment insurance premiums when falling into one of the cases specified above in Vietnam.

Best Regards!