In which cases will a person on unemployment allowance be stopped receiving unemployment allowance in Vietnam?

Who are compulsory participants in unemployment insurance in Vietnam?

Pursuant to Clause 1 Article 43 of the Law on Employment in 2013, workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:

- Labor contracts or working contracts of indefinite time;

- Labor contracts or working contracts of definite time;

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

Note: Workers who are currently on pension or doing housework are not required to participate in unemployment insurance.

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.

What are conditions for unemployment allowance receipt in Vietnam?

Pursuant to Article 49 of the Law on Employment in 2013, a worker 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

+ From 12 months or more within the 24 months before the termination of a fixed-term or open-ended employment contract;

+ From 12 months or more within the 36 months before the termination of an employment contract for employees working under seasonal employment contracts or under a certain job with a term of from 3 months to less than 12 months.

- Having submitted a dossier for receipt of unemployment allowance to an employment service center.

- 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.

In which cases will a person on unemployment allowance be stopped receiving unemployment allowance in Vietnam?

Pursuant to Article 53 of the Law on Employment in 2013 stipulating suspension, resumption and termination of unemployment allowance receipt as follows:

Suspension, resumption and termination of unemployment allowance receipt

1. Persons on unemployment allowance will be suspended from receiving it if they fail to monthly notify their job seeking under Article 52 of this Law.

2. Workers who are suspended from receiving unemployment allowance may continue receiving it under the decisions on unemployment allowance receipt if the receipt duration has not yet expired and they monthly notify their job seeking under Article 52 of this Law.

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

a/ The duration of unemployment allowance receipt expires;

b/ He/she has found a job;

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

d/ He/she receives monthly pension;

dd/ He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;

e/ He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;

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

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

i/ He/she is administratively sanctioned for violations of the law on unemployment insurance;

k/ He/she dies;

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

m/ He/she is declared by a court as missing;

n/ He/she is kept in temporary detention or serves a prison sentence.

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.

As regulations above, a person on unemployment allowance will stop receiving it in the following cases:

- The duration of unemployment allowance receipt expires;

- He/she has found a job;

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

- He/she receives monthly pension;

- He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;

- He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;

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

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

- He/she is administratively sanctioned for violations of the law on unemployment insurance;

- He/she dies;

- 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 declared by a court as missing;

- He/she is kept in temporary detention or serves a prison sentence.

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