Can public employees receive unemployment insurance when resigning in May 2021 in Vietnam?

Can public employees receive unemployment insurance when resigning in May 2021 in Vietnam?

May I ask, I am a payroll public employee who took the exam in January 2020 and now I want to resign my job in May 2021, so am I entitled to unemployment insurance?

Reply:

In Clause 1, Article 20 of Decree 115/2020/ND-CP stipulates:

1. The working contract is signed in writing between the public employee or the person recruited as public employee and the head of the public non-business unit. In case the public employee is the head of a public non-business unit, a working contract shall be signed by the agency competent to manage the public non-business unit.

According to Article 43 of the Employment Law 2013, the person who signs an employment contract is subject to compulsory social insurance.

Thus, when you quit your job to receive unemployment insurance, you must meet the conditions for receiving unemployment insurance in Vietnam according to Article 49 of the 2013 Employment Law, specifically 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.

What social insurance benefits for resigned public employees in Vietnam?

I have been a teacher in an elementary school for 15 years. But now due to health reasons I cannot teach anymore and want to resign this year. What social insurance benefits will I receive and close the one-time social insurance book?

Reply:

Regarding unemployment benefits:

Clause 1, Clause 2, Article 50 of the 2013 Employment Law stipulates:

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.

Thus, since the termination of the contract with the school, she will be entitled to unemployment insurance according to the time of payment of unemployment insurance as prescribed above in Vietnam.

About enjoying one-time social insurance:

Pursuant to Clause 1, Article 8 of Decree 115/2015/ND-CP stipulates:

1. In case a public non-business unit is assigned the recruitment competence, the recruitment council has 05 or 07 members, including:

a) The Chairman of the Council is the head or deputy head of the public non-business unit;

b) The Vice Chairman of the Council is the person in charge of personnel organization of the public non-business unit;

c) The member cum secretary of the Council is an officer assisting in the organization and personnel work of the public non-business unit;

d) Other members are persons with professional qualifications related to the recruitment organization decided by the head of the public non-business unit.

In case the Chairman of the Recruitment Council cannot be arranged as prescribed at Point a of this Clause, the competent agency managing the public non-business unit shall consider and decide.

Thus, if you have a need to pay one-time social insurance, after one year of leave and do not continue to pay social insurance, you should transfer the application to the social insurance agency to receive one-time payment of social insurance in Vietnam.

What is guidance on paying unemployment benefits for employees who have time to sign employment contracts in Vietnam?

From January 1, 2009 to November 4, 2011, Mr. A worked at an enterprise that signed an employment contract, then in May 2011 he was transferred to a non-business unit. So, in December 2019, A terminates the employment contract, how does the unemployment benefit pay?

Reply:

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

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.

Thus, here the total time of participation in unemployment insurance of A is January 2009 to December 2019 in Vietnam. The law only stipulates that the basis for calculation of benefits is the last 6 months of payment of unemployment insurance (the monthly unemployment allowance is equal to 60% of the average monthly salary on which unemployment insurance premiums are based in the 6 consecutive months before unemployment), so calculation level will not affect the working period under the labor contract (1/2009 to 4/2011).

Best regards!