Conditions for discharged soldiers to receive unemployment insurance in Vietnam
Article 49 of the Law on Employment 2013 stipulates:
Workers as defined in Clause 1, Article 43 of this Law who are paying unemployment insurance are entitled to unemployment benefits when they meet the following conditions:
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Termination of employment contract or working contract, except in the following cases:
a) The worker unilaterally terminates the employment contract or working contract illegally;
b) Receiving a monthly pension or loss of labor capacity allowance;
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Having paid unemployment insurance for at least 12 months within 24 months before terminating the employment contract or working contract for cases specified in Points a and b, Clause 1, Article 43 of this Law; having paid unemployment insurance for at least 12 months within 36 months before terminating the employment contract for cases specified in Point c, Clause 1, Article 43 of this Law;
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Having submitted an application for unemployment benefits at the employment service center as prescribed in Clause 1, Article 46 of this Law;
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Not having found employment after 15 days from the date of submitting the application for unemployment insurance benefits, except in the following cases:
a) Performing military service or police duty;
b) Attending school for a period of 12 months or more;
c) Complying with a decision to apply measures to a reformatory, compulsory education institution, or compulsory detoxification center;
d) Detained; serving a prison sentence;
đ) Emigrating abroad; going to work abroad under contract;
e) Deceased.
Article 7 of Circular 95/2016/TT-BQP stipulates:
The period of service in the army for non-commissioned officers and soldiers is calculated as the period of social insurance (SI) payment to serve as a basis for calculating the entitlement to various SI policies as prescribed.
Total SI entitlement period = Period of SI payment by entities outside the Army (before enlistment) + Period of service in the army + Period of SI payment by entities outside the Army (after demobilization)
According to Clause 1, Article 4 of the Social Insurance Law 2014, compulsory social insurance covers the following policies:
- Sickness;
- Maternity;
- Labor accidents, occupational diseases;
- Retirement;
- Survivorship.
Therefore, in this case, the conditions for unemployment benefits have not been met. Demobilized soldiers who return to work must have paid unemployment insurance for at least 12 months within 2 years (for definite or indefinite term contracts) or have paid for 24 months within 3 years for seasonal contracts.
Respectfully!
