How to Receive Unemployment Benefits that Employees Need to Pay Attention To

Regarding Conditions to Receive Unemployment Benefits

Employees who terminate their employment must meet the conditions as stipulated in Article 49 of the 2013 Employment Law to be eligible for unemployment benefits:

- Terminate the labor contract or work contract, except for the following cases:

+ The employee unilaterally terminates the labor contract or work contract illegally;

+ Receiving a monthly pension or disability benefit;

- Meet the requirements regarding the period of unemployment insurance contributions:

+ Have contributed to unemployment insurance for 12 months or more within 24 months before terminating the labor contract or work contract for employees working under a definite and indefinite-term labor contract.

+ Have contributed to unemployment insurance for 12 months or more within 36 months before terminating the labor contract for employees working under a seasonal labor contract or a specific job contract with a term of 3 months to under 12 months.

- Within 03 months from the date of termination of the labor contract or work contract, employees must submit the application for unemployment benefits at the employment service center established by the state management agency in charge of employment.

- Have not found a job within 15 days from the date of submitting the application for unemployment insurance benefits, except for the following cases:

+ Performing military service or police duty;

+ Studying for a period of 12 months or more;

+ Complying with decisions to apply measures to juvenile reformatories, compulsory educational institutions, compulsory rehabilitation centers;

+ Being detained; serving a prison sentence;

+ Going abroad for settlement; working abroad under contract;

+ Deceased.

Regarding the Application for Receiving Unemployment Benefits

- An application for unemployment benefits according to the form prescribed by the Minister of Labor, Invalids and Social Affairs.

- An original or certified copy of one of the following documents confirming the termination of the labor contract or work contract:

+ Expired labor contract or work contract, or completed work according to the labor contract;

+ Resignation decision;

+ Dismissal decision;

+ Disciplinary decision forcing termination;

+ Notification or agreement on the termination of the labor contract or work contract.

(In case the employee participates in unemployment insurance under a seasonal labor contract or a specific job contract with a duration of 3 months to 12 months, the document confirming the termination of the labor contract is the original or certified copy of the contract).

- Social insurance book.

Duration of Receiving Unemployment Benefits

Clause 2 Article 46 of the 2013 Employment Law stipulates that within 20 days from the date the employment service center receives a complete application, the competent state agency shall issue a decision on unemployment benefits; in case of ineligibility for unemployment benefits, a written response must be provided to the employee.

Additionally, according to Clause 3 Article 46, the social insurance organization shall disburse unemployment benefits to employees within 05 days from the date of receiving the decision on unemployment benefits.

The duration of receiving unemployment benefits is calculated based on the number of months of unemployment insurance contribution, with 12 months to 36 months of contribution entitling the employee to 03 months of unemployment benefits, and for every additional 12 months of contribution, an additional month of unemployment benefits is granted, but not exceeding 12 months in total.

Duy Thinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE