Is there unemployment insurance for foreign workers in Vietnam?

Is there unemployment insurance for foreign workers in Vietnam?

Question: According to regulations, are foreign workers eligible to participate in unemployment insurance? Hope to receive a response to the above questions soon.

Reply:

In Clause 1, Article 43 of the 2013 Employment Law, there are regulations on compulsory participants in unemployment insurance as follows:

1. Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:

a/ Labor contracts or working contracts of indefinite time;

b/ Labor contracts or working contracts of definite time;

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

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.

Thus, the above subjects will be required to participate in unemployment insurance in Vietnam.

And in Clause 1, Article 3 of the 2013 Employment Law, it is stipulated:

In this Law, the following terms are understood as follows:

1. Worker means a Vietnamese citizen who is full 15 years or older, has ability to work and seeks employment.

Thus, according to the above regulations in Vietnam, employees who are required to participate in unemployment insurance according to the Employment Law are Vietnamese citizens who are 15 years of age or older, have the ability to work and have a need to work. Therefore, foreign workers are not eligible to participate in unemployment insurance.

Is there unemployment insurance for foreign workers in Vietnam? (Image from the Internet)

What is basis for unemployment insurance payment period to receive unemployment benefits in Vietnam?

If you have paid unemployment insurance for 12 months or more, are you automatically eligible for unemployment benefits?

Reply:

Pursuant to Article 49 of the 2013 Employment Law, conditions for unemployment allowance receipt are stipulated 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.

Thus, it is not automatically necessary to pay 12 months of unemployment insurance to receive this allowance, but other conditions must be met such as: Legally terminating the contract and having paid unemployment insurance for 12 months or more during the period. 24 months before terminating the labor contract. Please note the above regulations to ensure your rights in Vietnam.

Is it possible to apply for unemployment benefits after terminating the employment contract in Vietnam?

Let me ask: I just terminated my employment contract with the company and I plan to apply for unemployment benefits tomorrow, right? Or do I have to wait until next month? Thank you!

Reply:

Pursuant to Clause 1, Article 46 of the 2013 Employment Law, receipt of unemployment allowance is prescribed as follows:

1. Within 3 months after terminating his/her labor contract or working contract, a worker shall submit a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment.

Thus, according to the above regulations in Vietnam, the law stipulates a period of 03 months. Therefore, when you terminate the contract, if you have enough documents, you can submit them immediately for them to review and complete the procedures for you to receive this allowance. However, in reality you still have to wait for the company to finalize the social insurance book.

Best regards!