What is the time of unemployment allowance receipt in Vietnam? What is the time limit for submission of a dossier for receipt of unemployment allowance in Vietnam?

What is the time of unemployment allowance receipt in Vietnam?

Pursuant to Article 50 of the Law on Employment in 2013 stipulating levels, duration and time of receipt of unemployment allowance:

Levels, duration and time of receipt of unemployment allowance

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.

As regulated above, 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.

What is the time of unemployment allowance receipt in Vietnam? What is the time limit for submission of a dossier for receipt of unemployment allowance in Vietnam? - image from internet

What is the time limit for submission of a dossier for receipt of unemployment allowance in Vietnam?

Pursuant to Article 46 of the Law on Employment in 2013 stipulating receipt of unemployment allowance:

Receipt of unemployment allowance

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.

As regulated above, the time limit for submission of a dossier for receipt of unemployment allowance in Vietnam is within 3 months after terminating his/her labor contract or working contract.

Will a person who goes abroad as guest worker stop 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:

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 regulated above, a person who goes abroad as guest worker will stop receiving unemployment allowance in Vietnam.

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