Conditions for unemployment allowance receipt and unemployment allowance level in Vietnam are specified in Law on Employment 2013 and other relevant regulations.
Article table of contents
Conditions for unemployment allowance receipt in Vietnam 2023
A worker in Vietnam who currently pays unemployment insurance premiums may receive unemployment allowance when fully meeting the following conditions:
(i) Terminating the labor contract or working contract, except the following cases:
- He/she unilaterally terminates the labor contract or working contract in contravention of law;
- He/she receives monthly pension or working capacity loss allowance.
(ii) 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 the Law on Employment 2013; 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 the Law on Employment 2013.
(iii) Having submitted a dossier for receipt of unemployment allowance to an employment service center within 3 months from the date of termination of the labor contract or working contract;
An application file for unemployment benefits includes:
- A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.
- An original or certified true copy of one of the following documents certifying the termination of the labor contract or working contract:
+ The labor contract or working contract expired or terminated under its term;
+ The resignation decision;
+ The dismission decision;
+ Disciplinary decisions on dismissal;
+ The written notice or agreement of termination of the labor contract or working contract.
If employees participate in unemployment insurance with easonal or job-based working contracts with a term of between full 3 months and under 12 months, the documents certifying the termination of the labor contract under seasonal work or under a certain job from full 03 months to less than 12 months shall be the original or certified true copy of such contract.
- Social insurance books
(iv) 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:
- He/she performs the military or public security obligation;
- He/she attends a training course of full 12 months or longer;
- He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;
- He/she is kept in temporary detention or serves a prison sentence;
- He/she goes abroad for settlement or as guest worker;
- He/she dies.
Conditions for unemployment allowance receipt and unemployment allowance level in Vietnam 2023
Unemployment allowance level in Vietnam 2023
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.
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.
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 prescribed.
Mai Thanh Loi
