Are public employees forced to terminate working contracts entitled to unemployment insurance benefits in Vietnam?

Are public employees forced to terminate working contracts entitled to unemployment insurance benefits in Vietnam?

In Article 45 of the Law on Public Employees 2010, amended by Clause 6, Article 2 of the Law on Cadres and Civil Servants and the amended Law on Public Employees 2019, job discontinuation regime is stipulated as follows:

1. Public Employees are entitled to severance pay, job loss benefits or unemployment insurance according to the provisions of labor law and insurance law when a public service unit unilaterally terminates its contract. working contract with a Public Employee, the term of the contract expires but the employer does not renew the employment contract, the Public Employee unilaterally terminates the contract due to illness or accident as prescribed in Clause 4, Article 29 or unilaterally terminate the contract according to the provisions of Clause 5, Article 29 of this Law, except for the cases specified in Clause 2 of this Article.

2. Public employees are not entitled to job discontinuation allowance if falling into any of the following cases

a/ Being sacked:

b/ Unilaterally terminating working contracts in violation of Clauses 4. 5 and 6, Article 29 of this Law;

c/ Terminating working contracts under Clause 5, Article 28 of this Law.

Thus, according to the above regulations in Vietnam, public employees who are forced to terminate working contracts are not entitled to unemployment insurance benefits. If you are a public employee and have been forced to resign by your agency, you cannot receive insurance benefits.

Are public employees forced to terminate working contracts entitled to unemployment insurance benefits in Vietnam? (Image from the Internet)

How many days will it take to get a decision on unemployment benefits from the date of submitting complete documents in Vietnam?

According to Article 46 of the Employment Law 2013, 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.

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.

Therefore, when the employee has submitted all documents to the employment service center, within 20 days the competent state agency will issue a decision to receive unemployment benefits in Vietnam. If the application is not eligible for benefits, the agency must reply in writing to the employee the reason for ineligibility.

What is deadline for employers to participate in unemployment insurance for employees in Vietnam? 

Pursuant to Article 44 of the Employment Law 2013, regulations on participation in unemployment insurance are as follows:

1. Employers shall pay unemployment insurance premiums for workers to social insurance organizations within 30 days from the effective date of labor contracts or working contracts.

2. Monthly, employers shall pay unemployment insurance premiums at the level specified at Point b, Clause 1, Article 57 of this Law and make deductions from the wages of workers at the level specified at Point a, Clause 1, Article 57 of this Law, for simultaneous payment to the Unemployment Insurance Fund.

3. Based on the balance of the Unemployment Insurance Fund, the State shall transfer supporting funds from the state budget to the Fund at the level specified by the Government under Clause 3, Article 59 of this Law.

According to this Article, from the effective date of the labor contract, the employer has 30 days to participate in unemployment insurance for employees at the social insurance organization in Vietnam.

Best regards!