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

The cases employees who are entitled to unemployment benefits are terminated their unemployment benefits shall be defined as follows:

- The duration of unemployment benefits is expired in accordance with the decision of unemployment benefits to employees;

- 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.

- 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.

- 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.

- 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.

- 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.

- 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.

- 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.

- 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.

- Employees die

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

- 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.

- 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.

- 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.

(Clause 1, Article 21 of Decree 28/2015/ND-CP (amended in Decree 61/2020/ND-CP))

2. Application for unemployment benefit in Vietnam

According to Article 16 of Decree 28/2015/ND-CP (amended in Decree 61/2020/ND-CP) stipulating the application for unemployment benefit in Vietnam:

- A written form of unemployment benefit defined by the Minister of Labor, War Invalids and Social Affairs.

- The primary or certified true copy, or the duplicate copy submitted along the primary copy for checking purposes, of one of the following documents certifying the termination of the labor or employment contract:

+ The labor or employment contract which have expired or under which all contractual obligations have been discharged;

+ Resignation acceptance decision;

+ Dismissal decision;

+ Decision on imposition of disciplinary sanction in the form of dismissal;

+ Notice of or agreement on termination of the labor or employment contract;

+ Confirmation of the employer which clearly provides the employee's information; type of labor contract signed; reasons and time of termination of labor contract with the employee.

+ Certifying by the competent state authority that the enterprise or cooperative closes, goes bankrupt or decides to dismiss him/her, relieve him/her from duty or discharge him/her from the designated post in case the employee holds the post as a manager of that enterprise or cooperative;

+ In case the employee does not have the documents certifying the termination of the labor contract because the employer’s unit has no legal representative and the person authorized by the legal representative, the following steps must be taken:

Department of Labor - Invalids and Social Affairs or provincial-level Social Insurance agency sends a written request to the Department of Planning and Investment to certify that the employer does not have a legal representative or no person authorized by the legal representative.

Department of Planning and Investment is responsible for cooperating with the tax authority, police, and local government at the place where the employer’s head office is located to verify the fact that the employer has no legal representative or no person authorized by the legal representative.

Department of Planning and Investment sends a written response to the Department of Labor - Invalids and Social Affairs or provincial-level Social Insurance agency with regard to the fact that the employer does not have the legal representative or the person authorized by the legal representative within 10 working days of receipt of the written request for certification from the Department of Labor - Invalids and Social Affairs or provincial-level Social Insurance agency.

+ In case where the employee participates in the unemployment insurance plan under the provisions of Point c, Clause 1, Article 43 of the Law on Employment, the document certifying the termination of the seasonal or piecework labor contract with the term ranging from 03 months to less than 12 months must be the primary copy or the certified true copy or the duplicate copy enclosing the primary copy for checking of such contract.

- Social insurance books

social insurance organizations shall certify the premium payment of unemployment insurance and return the social insurance book to employees within 05 working days from receipt of the request of the employers.

Employers being agencies, units and enterprises of the Ministry of National Defense, the Ministry of Public Security shall, within 30 days, social insurance of the Ministry of National Defense , social insurance of the people’s public security forces shall certify the premium payment of unemployment insurance and return the social insurance book to employees from the date of receipt of the request of the employers.

Nguyen Ngoc Que Anh

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