Vietnam: Employees suspend labor contracts and take unpaid leave to receive support under Resolution 116

Bao Ngoc

16:20, 12/10/2021

Vietnam's Ministry of Labour, Invalids and Social Affairs has just released Official Dispatch 3535/LDTBXH-VL reply Official Dispatch 3138/BHXH-CSXH on determining beneficiaries of support according to Decision 28/2021/QD-TTg.

According to the Official Dispatch, the Ministry of Labour, Invalids and Social Affairs of Vietnam has the following comments:

According to Article 43 of the Employment Law of Vietnam, an employee is determined to be a subject of compulsory participation in unemployment insurance when entering into one of the following types of contracts: labour contract or working contract.

Employees participate in unemployment insurance on the basis of the labour contract/work contract entered into with the employer.

On September 30, 2021, the employee has not terminated the labour contract/working contract, and is on the list of participating in unemployment insurance of the social insurance agency, so it is still considered to be participating in the unemployed insurance and supported on the basis of the time of paying unemployment insurance premiums but not yet enjoying unemployment benefits (including cases of temporary suspension of labor contracts or work contracts, unpaid leave, cessation of work, maternity benefits,...) during the period from January 1, 2020 to September 30, 2021 as well as before January 1, 2022.

Official Dispatch 3535/LDTBXH-VL of Vietnam was promulgated on October 11, 2021.

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