Who are compulsory participants in unemployment insurance in Vietnam?

Who are compulsory participants in unemployment insurance in Vietnam? (Internet image)

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

1. Who are compulsory participants in unemployment insurance in Vietnam?

(i) Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:

- Labor contracts or working contracts of indefinite time;

- Labor contracts or working contracts of definite time;

- Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.

In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.

(ii) Workers defined in (i) who are currently on pension or doing housework are not required to participate in unemployment insurance.

(iii) Employers obliged to participate in unemployment insurance include state agencies, public non-business units and people’s armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations;

Foreign agencies and organizations and international organizations operating in the Vietnamese territory; enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals that hire or employ workers under the labor contracts or working contracts specified in (i)

(Article 43 of the Law on Employment 2013)

2. Unemployment insurance benefits in Vietnam

According to Article 42 of the Law on Employment 2013, unemployment insurance benefits include:

- Unemployment allowance.

- Job counseling and recommendation support.

- Vocational training support.

- Support for training and retraining to improve qualifications of occupational skills for job maintenance for workers.

3. What are the regulations on unemployment benefits in Vietnam?

- Within 3 months after terminating his/her labor contract or working contract, a worker shall submit a dossier for receipt of unemployment allowance to an employment service center established by the state management agency in charge of employment.

- Within 20 days after the employment service center receives a complete dossier, the competent state agency shall issue a decision on unemployment allowance receipt; in case the worker is ineligible for receiving unemployment allowance, the center shall issue a written reply to the worker.

- The social insurance organization shall pay unemployment allowance to the worker within 5 days after receiving a decision on unemployment allowance receipt.

(Article 46 of the Law on Employment 2013)

4. What is the period of payment of unemployment insurance premiums in Vietnam?

- The period of payment of unemployment insurance premiums for receipt of unemployment insurance benefits is the total of consecutive or interrupted periods of payment of unemployment insurance premiums from the starting time of such payment to the time the worker terminates his/her labor contract or working contract under law but during which he/she has not yet received any unemployment allowance.

- After a worker stops receiving unemployment allowance, his/her previous period of payment of unemployment insurance premiums is not counted for receiving unemployment allowance for the subsequent time.

The period of payment of unemployment insurance premiums for the subsequent receipt of unemployment insurance benefits will be counted from the beginning, except the case of stopping receiving unemployment allowance under Points b, c, h, l, m and n, Clause 3, Article 53 of the Law on Employment 2013.

- The period of payment of unemployment insurance premiums is not counted for receiving job loss allowance or severance pay under the laws on labor and public employees.

(Article 45 of the Law on Employment 2013)

Nguyen Ngoc Que Anh

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