When is the schedule for unemployment insurance payment in 2024 in Vietnam?

When is the schedule for unemployment insurance payment in 2024 in Vietnam?

At clause 2 Article 18 Decree No. 28/2015/ND-CP stipulating the settlement of unemployment benefits as follows:

Settlement of unemployment benefits

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2. Payment of unemployment benefit

a) Social insurance organization shall pay unemployment benefit for the first month of the employees within 05 working days from receipt of the decision of unemployment benefits;

b) Social insurance organizations shall pay unemployment benefit for the employees from the second unemployment benefit month onwards within 05 working days from the 07th day of the month of unemployment benefit if they do not receive a decision of suspension or termination of unemployment benefit for the employees. If the above 07th day is a holiday, the payment deadline of unemployment benefits shall be the next working day.

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At clause 2 Article 8 Circular No. 28/2015/TT-BLDTBXH stipulating unemployment benefit and payout months as follows:

Unemployment benefit and payout months

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2. The months over which the unemployment benefits are received (hereinafter referred to as payout months) prescribed in Clause 4 Article 21 of Decree No. 28/2015/ND-CP shall be guided as follows:

The payout months shall be expressed as calendar months. Each payout month shall be determined from the first date on which the employee starts receiving unemployment benefit as prescribed in Clause 3 Article 50 of the Law on employment to the previous date of the same date of the next month.

Therefore, the payment schedule for unemployment insurance in 2024 in Vietnam is as follows:

- The first month of enjoying unemployment benefits: Within 05 working days from the date of receiving the decision to enjoy unemployment benefits.

- The second month of enjoying unemployment benefits: Within 05 working days, calculated from the 7th day of the month of enjoying unemployment benefits.

In case the 7th day mentioned above is a day off, the deadline for payment of unemployment benefits shall be calculated from the next working day.

When is the schedule for unemployment insurance payment in 2024 in Vietnam? (Image from the Internet)

Will going abroad for settlement result in termination of unemployment benefits in Vietnam?

Article 53 of the 2013 Employment Law stipulates 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.

Therefore, individuals who go abroad for settlement will have their unemployment benefits terminated in Vietnam.

Who is required to participate in unemployment insurance?

Article 43 of the 2013 Employment Law stipulates compulsory participants in unemployment insurance as follows:

Compulsory participants in unemployment insurance

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.

2. Workers defined in Clause 1 of this Article who are currently on pension or doing housework are not required to participate in unemployment insurance.

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Therefore, the workers required to participate in unemployment insurance in Vietnam include:

- Workers working under labor contracts or work contracts with indefinite time or with definite time.

- Workers working under seasonal labor contracts or contracts for specific work with a duration of at least 3 months but less than 12 months.

Note: Workers falling under the above cases who are receiving pensions or engaged in family care work are not required to participate in unemployment insurance.

Best Regards!