Cases of termination of unemployment benefits in Vietnam

Cases of termination of unemployment benefits in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of termination of unemployment benefits in Vietnam

Cases of termination of unemployment benefits under Article 21 of Decree 28/2015/ND-CP (amended in Decree 61/2020/ND-CP) are as follows:

(1) The duration of unemployment benefits is expired in accordance with the decision of unemployment benefits to employees;

(2) The receiving employee manages to find a job

An employee will be deemed as employed of he/she falls into one of the following cases:

- He/she has concluded an employment contract, a seasonal labor contract or a piecework contract with a term of full 1 month or more. The date on which the employee is determined as having a job is the effective date of the employment or labor contract in accordance with law;

- There is a recruitment or appointment decision for cases in which an employee is not classified as eligible for entry into a labor or employment contract. The date on which the employee is determined to be employed in this case is the date on which the employee is placed with a job or is appointed as stated in the recruitment or appointment decision;

- He/she has business household registration certificate in case the employee is the homeowner of the business household, or has an enterprise registration certificate in case the employee is the business owner. The date on which an employee is determined to have a job is the date on which the employee notifies the employment service center of their business commencement.

- The employee notifies the employment service center that he/she has got a job. The date on which the employee is determined as having a job is the date specified in the employee’s notice of being employed.

(3) Employees fulfill military service, police duty

The date on which the employees are defined to fulfill military service, police duty shall be the date employees join the army.

(4) He/she receives monthly retirement pension

The date on which the employee is determined to receive retirement pension is the first day of entitlement to the retirement pension stated in the social insurance agency's written document regarding the employee's entitlement to the monthly pension.

(5) After 02 job recommendation efforts made by the employment service center at the place where he/she is receiving the unemployment benefit, the employee keep refusing to the center’s recommended placements on none of sound grounds.

If the employee receiving unemployment benefit refuses to take up a job in the following cases, he/she shall be determined not to give any sound reason:

- The employee is recommended by the employment service center to the job matching his/her training discipline or qualification, or the job the employee took in the past, as specified in the job consultancy and placement slip, but does not turn up for the candidate interview;

- The employee who already participates in the candidate interview upon the recommendation of the employment service center at the place where he/she is receiving unemployment benefit and is offered a job by the employer refuses to take the job after successfully passing the candidate interview, except in case the offered job is not the same as the one shown in the employer's job vacancy advertisement.

(6) During the period of enjoying unemployment benefit, he/she fails to send monthly notices to provide the employment service center with his/her updated job search status for 03 consecutive months in accordance with law.

The date on which an employee is determined as subject to the termination of entitlement to unemployment benefit is the deadline for issuance of the job search notice in the 3rd month of the consecutive 3-month period during which the employee does not make monthly notices of his/her updated job search.

(7) Employees go abroad to settle, to work with a term overseas under a contract

The date on which the employees are determined to settle abroad, to work with a term overseas under a contract shall be the date the employees exit as prescribed by legislation on entry and exit.

(8) He/she is sent to take a training course for the period of 12 months or longer.

The date on which the employee is determined to be sent for a training course with the term of full 12 months or more is the date of admission stated in the admission notice.

(9) Employees are penalized for administrative violations due to violations of legislation on unemployment insurance

The date on which the employee is determined to be penalized for the above administrative violations shall be the date the employees are penalized by the decision of the competent authority.

(10) Employees die

The date on which the employees are identified to be dead shall be the date of the death certificate.

(11) Employees are abiding the decision on application of measures of taking to reform schools, compulsory detoxification centers

The date on which the employees are determined to abide the decision on application of measures of taking to reform school, compulsory detoxification centers shall be the starting date of administrative handling measures recorded in decisions of the competent authority.

(12) Employees are declared to be missing by the court

The date on which the employees are missing shall be identified in the court's decision.

(13) Employees are detained, serving the prison sentence

The date on which the employees are determined to be detained or to serve a prison sentence shall be the starting date of implementation of the decision of detention, imprisonment of the competent authority.

2. Regulations on the levels, duration and time of receipt of unemployment allowance in Vietnam

According to Article 50 of the Law on Employment 2013, stipulating the levels, duration and time of receipt of unemployment allowance in Vietnam are as follows:

- 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 specified in Clause 1, Article 46 of the Law on Employment 2013.

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