Will an employee resigning after taking maternity leave in Vietnam be receive unemployment benefits?

Article 49 of the Employment Law 2013 stipulates the conditions for receiving unemployment benefits in Vietnam as follows:

Conditions for receiving unemployment benefits

An employee defined in Clause 1, Article 43 of this Law who currently pays unemployment insurance premiums may receive unemployment benefits 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 benefits 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 benefits, 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 a Vietnamese guest worker;

e/ He/she dies.

Additionally, according to Clause 6, Article 42 of Decision 595/QD-BHXH in 2017:

In case an employee is on maternity leave for 14 working days or more in a month, neither the employer nor the employee is required to pay social insurance, unemployment insurance, occupational accident and disease insurance premiums. This period is counted as the time of paying social insurance premiums instead of the time of paying unemployment insurance premiums. The social insurance agency must pay health insurance premiums for the employee.

According to Clause 2, Article 12 of Decree 28/2015/ND-CP, the adjacent month includes the following period:

Employees who have the adjacent month before the time of terminating the employment contract or working contract and are on maternity leave or sick leave from 14 working days or more without receiving monthly wages at the employer but receive social insurance benefits.

...

Thus, after the maternity leave period, if you resign and meet the conditions specified in Article 49 of the 2013 Employment Law above, you are entitled to unemployment benefits.

Sincerely!