The latest guidance on transfer of unemployment benefits in Vietnam

The latest guidance on transfer of unemployment benefits in Vietnam (Internet image)

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

1. Guidance on transfer of unemployment benefits in Vietnam

Guidance on relocation of unemployment benefits under Article 22 of Decree 28/2015/ND-CP (amended in Decree 61/2020/ND-CP) is as follows:

-  Employees who have received at least 01 month of unemployment allowance as prescribed and need to transfer the unemployment benefits to central-affiliated cities and provinces must request in writing to transfer the unemployment benefit in the form defined by the Minister of Labor, War Invalids and Social Affairs and submit to the employment service center where they are receiving the unemployment benefits.

- Within 03 working days from receipt of the request of the employees, the employment service centers shall provide the transfer application of unemployment benefits for the employees and submit the letter of introduction of transfer of unemployment benefits to the employment service center to which the employees transfer in the form prescribed by the Minister of Labor, War Invalids and Social Affairs.

Transfer application of unemployment benefits shall include:

+ A written form of transfer unemployment benefit of the employees;

+ A letter of introduction of transfer of unemployment benefit;

+ A snapshot of the decision on unemployment benefits;

+ A snapshot of the decision on vocational training support, decision on temporary suspension of unemployment benefits, decision on continuation of unemployment benefits (if any);

+ A snapshot of the notice of finding monthly job (if any), and other papers in application for unemployment benefits.

- Within 02 working days from the date of provision of application for transfer of unemployment benefits for the employees under the provisions of paragraph 2 of Article 22 of Decree 28/2015/ND-CP:

The employment service center from which the employees transfer shall submit the notice on transfer of unemployment benefit to the provincial Social Insurance to stop paying unemployment benefits in the form defined by the Minister of Labor, War Invalids and Social Affairs.

- Within 03 working days from receipt of the application for transfer of unemployment benefits submitted by the employees:

The employment service centers shall submit a written request for permission for social insurance at province level to which the employees transfer to continue paying unemployment benefits and issue the health insurance cards for employees enclosed with the decision snapshot of unemployment benefits of the employees.

The written request for permission of the provincial social insurance shall be in the form defined by the Minister of Labor, War Invalids and Social Affairs.

- In case the employee has received documents on referral to another unemployment benefit payer, but has not yet submitted them to the receiving employment service center, and no longer needs to be referred to another unemployment benefit payer, the employee must submit the form of recommendation about referral to the unemployment benefit payer to the referring employment service center.

Within 03 working days from the date of receipt of the form of relocation of unemployment allowance, the employment service center shall send the form of recommendation about referral to the unemployment benefit payer, the employment service center must send the written request to the provincial social insurance agency to keep on paying unemployment benefit and issuing health insurance card to the employee.

- The notice of job search issued by the employee during the period of referral to another unemployment benefit payer shall follow the instructions given by the Ministry of Labor, War Invalids and Social Affairs.

- Organizations of Social Insurance to which the employees transfer and receive unemployment benefits shall make payment the unemployment allowance and issue the medical insurance for the employees as prescribed in law.

2. Levels, duration and time of receipt of unemployment allowance in Vietnam

Levels, duration and time of receipt of unemployment allowance in Vietnam under Article 50 of the Law on Employment 2013 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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