There is no supporting dossier under Vietnam's Resolution 116 for employees who have suspended their labor contracts or taken unpaid leave

There is no supporting dossier under Vietnam's Resolution 116 for employees who have suspended their labor contracts or taken unpaid leave
Bảo Ngọc

Recently, Vietnam Social Security has just got Official Dispatch 3138/BHXH-CSXH on determining beneficiaries of support from the Fund unemployment insurance under Decision 28/2021/QD-TTg.

According to this Official Dispatch, Vietnam Social Insurance said that when determining the subjects of implementation, compared with the provisions of Decision 28/2021/QD-TTg and Decree 28/2015/ND-CP of Vietnam, the social insurance agency did not have clear basis to apply to the following subjects:

- Employees who take leave for maternity or sick leave for 14 working days or more without monthly salary at the unit but enjoy social insurance benefits;

- The employee suspends the labor contract or the signed work contract;

- Employees leave without pay;

- The employee unilaterally terminates the labor contract or the working contract in contravention of the law (arbitrarily quits the job).

As of September 30, 2021, the above cases do not pay unemployment insurance, but they are not out of the "list of participants in Unemployment Insurance" and in fact have a reserved period of unemployment insurance participation in accordance with the law on employment, similar to those entitled to support under Clause 2, Article 1 of Decision 28/2021 of Vietnam.

Because in the dossiers of the advisory agencies submitted to the competent authorities, the above specific situations of reservation of unemployment insurance premium payment period have not been clearly mentioned.

So in the short term, Vietnam Social Security has not received the dossiers of this group of subjects until there are instructions.

Official Dispatch 3138/BHXH-CSXH of Vietnam dated October 6, 2021.



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