Is it possible to receive unemployment insurance and pay voluntary social insurance at the same time to qualify for a pension enjoyment in Vietnam?

Is it possible to receive unemployment insurance and pay voluntary social insurance at the same time to qualify for a pension enjoyment in Vietnam?

Article 73 of the 2014 Law on Social Insurance, amended by Point c, Clause 1, Article 219 of the 2019 Labor Code, stipulates conditions for pension enjoyment, as follows:

1. A worker will receive retirement pension when he/she:

a) reaches the retirement age specified in Clause 2 Article 169 of the Labor Code; and

b) has paid social insurance for at least 20 years.

2. Employees who satisfy the age requirement specified at Point a, Clause 1 of this Article but have paid social insurance premiums for under 20 years may continue paying social insurance premiums until the payment period reaches full 20 years in order to enjoy pension.

According to Article 49 of the 2013 Employment Law, there are provisions as follows:

A worker defined in Clause 1, Article 43 of this Law who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting 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 regulation in Vietnam, you cannot simultaneously receive unemployment insurance and pay voluntary social insurance to qualify for pension enjoyment.

Is it possible to receive unemployment insurance and pay voluntary social insurance at the same time to qualify for a pension enjoyment in Vietnam? (Image from the Internet)

What are levels, duration and time of receipt of unemployment allowance in Vietnam?

Pursuant to Article 50 of the 2013 Employment Law, it regulates levels, duration and time of receipt of unemployment allowance, accordingly:

1. The monthly unemployment allowance level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed on which unemployment insurance premiums are based, but must not exceed 5 times the basic wage level, for workers receiving wages under the State-prescribed regime, or must not exceed 5 times the region-based minimum wage level under the Labor Code, for workers who pay unemployment insurance premiums under the wage regime decided by employers at the time of termination of the labor contract or working contract.

2. The duration of unemployment allowance receipt is based on the number of months of payment of unemployment insurance premiums. This duration is 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months, which is added with 1 month for each additional period of payment of full 12 months, but must not exceed 12 months.

3. The time for unemployment allowance receipt is counted from the 16 th day after the date of submission of a complete dossier for receipt of unemployment allowance as specified in Clause 1, Article 46 of this Law.

Thus, levels, duration and time of receipt of unemployment allowance in Vietnam are calculated according to the above regulations.

Best regards!