Is it possible to voluntarily participate in unemployment insurance in Vietnam?

Is it possible to voluntarily participate in unemployment insurance in Vietnam?

Pursuant to Article 43 of the Law on Employment in 2013 stipulating compulsory participants in unemployment insurance in Vietnam as follows:

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.

3. Employers obliged to participate in unemployment insurance include state agencies, public non-business units and people’s armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations; foreign agencies and organizations and international organizations operating in the Vietnamese territory; enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals that hire or employ workers under the labor contracts or working contracts specified in Clause 1 of this Article.

As regulations above, there hasn't been any regulations on voluntary participation in unemployment insurance in Vietnam. In order to participate in unemployment insurance, you shall have a job and labor contract with the the employer.

What are principles of payment of unemployment insurance premium in Vietnam?

Pursuant to Article 12 of the Decree 28/2015/NĐ-CP (amended by Clause 4 Article 1 of the Decree 61/2020/NĐ-CP) stipulating payment of unemployment insurance premium in Vietnam as follows:

1. The payment time of unemployment insurance premium of employers and employees shall be the payment time of compulsory social insurance.

2. An employee is certified to be currently paying unemployment insurance contribution under the provisions of Article 49 of the Employment Law if he/she falls into one of the following cases:

a) That employee has paid unemployment insurance contribution for the month of termination of employment or labor contract, which is certified by the social insurance agency in his/her social insurance book;

b) That employee has paid unemployment insurance contribution for the month preceding the month of termination of employment or labor contract, which is certified by the social insurance agency in his/her social insurance book;

c) That employee takes sickness or maternity leave for 14 working days or more at the employer’s office without being paid any monthly salary or wage in the month preceding the month of termination of labor or employment contract, or in the month of termination of labor or employment contract, which is certified by the social insurance agency in his/her social insurance book;

d) That employee takes unpaid leave for 14 working days or more in the month preceding the month of termination of labor or employment contract, or in the month of termination of labor or employment contract, which is certified by the social insurance agency in his/her social insurance book;

dd) That employee temporarily suspend the execution of his/her labor or employment contract for 14 working days or more in the month preceding the month of termination of labor or employment contract, or in the month of termination of labor or employment contract, which is certified by the social insurance agency in his/her social insurance book.

3. The month of payment of unemployment insurance contribution for an employee will be counted if the employer and the employee have performed the labor or employment contract, and have paid unemployment insurance constructions.

If the employee already entitled to unemployment benefits obtains certification of the additional time of payment of unemployment insurance after having their entitlement terminated, the additional time shall be determined as the period of time during which UI contribution has been made, but UI benefits have not been received, under clause 1 of Article 45 in the Law on Employment.

Above are principles of payment of unemployment insurance premium in Vietnam.

Best regards!