If I am receiving unemployment benefits and have to go to military service, do I have to notify the employment service center in Vietnam?

If I am receiving unemployment benefits and have to go to military service, do I have to notify the employment service center in Vietnam?

Pursuant to Point c, Clause 1, Clause 2, Article 21 of Decree 28/2015/ND-CP amended by Clause 9, Article 1 of Decree 61/2020/ND-CP, regulations on termination of unemployment benefits are as follows:

1. The cases employees who are entitled to unemployment benefits are terminated their unemployment benefits shall be defined as follows:

c) Employees fulfill military service, police duty

The date on which the employees are defined to fulfill military service, police duty shall be the date employees join the army.

2. Within duration of 03 working days from the date on which the employee classified as subject to the termination of entitlement to unemployment benefit under the provisions of Points b, c, d and h of clause 1 of this Article, the employee must notify the employment service center at the place where he/she is enjoying unemployment benefit and send duplicated copies of papers pertaining to the termination of unemployment benefit. If these copies are sent by post, the postmark date shall prevail.

Thus, if you are receiving unemployment benefits and have to perform military service, you must notify the employment service center where you are receiving unemployment benefits and submit copies of documents related to the termination of unemployment benefit in Vietnam.

If I am receiving unemployment benefits and have to go to military service, do I have to notify the employment service center in Vietnam? (Image from the Internet)

If I am receiving unemployment benefits and have to go to military service without notifying the employment service center, how much is fine for me in Vietnam?

According to Clause 1, Article 40 of Decree 12/2022/ND-CP regulating violations against regulations on preparation of application and documentation requirements for enjoyment of social insurance and unemployment insurance benefits as follows:

1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed upon an employee for commission of one of the following violations:

a) Making untruthful declarations, or altering, erasing or falsifying information related to payment of insurance premiums or enjoyment of social insurance and unemployment insurance benefits, if not liable to criminal prosecution;

b) Failing to notify the employment service center as prescribed when the employee has got a job within 15 working days from the date of submission of application for unemployment benefits;

c) As a beneficiary of unemployment benefits, he/she fails to send the required notifications to the employment service center in one of the following cases: he/she has got a job; he/she is performing military or public security service; he/she receives monthly retirement pensions; or he/she is attending a training course for a full period of at least 12 months.

And Clause 1, Article 6 of Decree 12/2022/ND-CP stipulates the fine level as follows:

1. The fines for administrative violations prescribed in Chapter II, Chapter III and Chapter IV of this Decree shall be imposed upon violating individuals, except the fines in Clauses 1, 2, 3, 5 Article 7, Clauses 3, 4, 6 Article 13, Clause 2 Article 25, Clause 1 Article 26, Clauses 1, 5, 6, 7 Article 27, Clause 8 Article 39, Clause 5 Article 41, Clauses 1 through 12 Article 42, Clauses 1 through 8 Article 43, Clauses 1 through 6 Article 45, Clause 3 Article 46 of this Decree. The fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same administrative violation.

According to this Article, a person receiving unemployment benefits who must go to military service without notifying the employment service center will be fined from 1,000,000 VND to 2,000,000 VND in Vietnam.

If I am receiving unemployment benefits and have to serve in the military, will I still be able to continue receiving benefits after being demobilized from the military in Vietnam?

Pursuant to the provisions in Point c, Clause 3, Clause 4, Article 53 of the 2013 Employment Law, regulations on temporary suspension, continuation, and termination of unemployment benefits are as follows:

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

c/ He/she performs the military or public security service obligation;

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.

According to this Article, if you are receiving unemployment benefits and participate in military service, it will be reserved for the next time, so when you are demobilized from the military, you will not be entitled to unemployment benefits, but the period of unemployment insurance payment will be reserved and use as a basis to calculate the time to receive unemployment benefits for the next time when the legal conditions are met in Vietnam.

Best regards!