In order to receive unemployment allowances, a person must continuously pay unemployment insurance premium for 12 months in Vietnam
If I have paid unemployment insurance premiums for 10 months and continue paying premiums for 2 more months after having stopped working for 6 months due to personal reasons, will I be eligible for unemployment benefits?
In order to receive unemployment allowances, a person must continuously pay unemployment insurance premium for 12 months in Vietnam (Image from the Internet)
Pursuant to Article 49 of the 2013 Employment Law, employees working under a labor contract or a definite or indefinite-term working contract are entitled to unemployment insurance benefits when they meet 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.
According to this Article, you must ensure that you have paid unemployment insurance for a full 12 months before terminating the labor contract, in addition to meeting the other conditions listed above in order to receive unemployment allowances in Vietnam.
Clause 1 of Article 45 of the 2013 Employment Law stipulates the period of payment of unemployment insurance premiums 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.
According to this Article, the period of paying unemployment insurance to be eligible for unemployment allowances can be continuous or non-continuous. It is calculated from the time you start paying unemployment insurance until the termination of the labor contract without receiving unemployment allowances.
Based on the above basis and the information you provided, you paid 10 months of unemployment insurance and then resigned, then paid 2 more months, you are still guaranteed the time to pay unemployment insurance to receive allowances.
Best Regards!
