What is maximum amount of unemployment allowance a public employee can receive each month in Vietnam?

What is maximum amount of unemployment allowance a public employee can receive each month in Vietnam?

In Article 50 of the 2013 Employment Law, there are regulations on levels, duration and time of receipt of unemployment allowance as follows:

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.

In Article 3 of Decree 38/2019/ND-CP, there are regulations on base salary as follows:

1. The statutory pay rate is the basis for:

a) Determining the levels of salaries in payrolls, allowances and other benefits as per the law with regard to individuals as defined in Article 2 hereof;

b) Determining subsistence allowances as per the law;

c) Determining contributions and benefits concerning the statutory pay rate.

2. From July 1, 2019, the statutory pay rate is VND 1,490,000 per month.

3. The Government shall request the National Assembly to consider adjusting statutory pay rate in conformity with the capacity of the state budget, consumer price index and national economic growth rate.

Based on current regulations in Vietnam, in case a public employee is eligible to receive unemployment benefits, the maximum benefit level must not exceed 5 times the base salary per month. Currently, the base salary is 1,490,000 VND/month. Therefore, the current maximum monthly unemployment benefit for public employees is 7,450,000 VND/month.

What is maximum amount of unemployment allowance a public employee can receive each month in Vietnam? (Image from the Internet)

How long does a public employee eligible for unemployment allowance have to apply to receive benefits in Vietnam?

In Article 46 of the 2013 Employment Law, there are regulations on receipt of unemployment allowance 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.

2. Within 20 days after the employment service center receives a complete dossier, the competent state agency shall issue a decision on unemployment allowance receipt; in case the worker is ineligible for receiving unemployment allowance, the center shall issue a written reply to the worker.

3. The social insurance organization shall pay unemployment allowance to the worker within 5 days after receiving a decision on unemployment allowance receipt.

According to this Article, within 3 months from the date of termination of the employment contract, employees eligible for unemployment benefits must submit an application to receive benefits.

What are regulations on conditions for unemployment allowance receipt in Vietnam?

In Article 49 of the 2013 Employment Law, there are regulations on conditions for unemployment allowance receipt 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, conditions for unemployment allowance receipt in Vietnam will be implemented according to the above regulations.

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