• Southern LawFree Legal Questions
  • (+84) 937.029.368
  • [javascript protected email address]
  • PROFESSIONAL - DEDICATED - EFFECTIVE

Home LEGAL NEWS

TOPIC: LEGAL REGULATIONS ON UNEMPLOYMENT INSURANCE CONTRIBUTION AND UNEMPLOYMENT BENEFITS

1. Subjects of Unemployment Insurance Contribution

- Employees: Individuals working under a labor contract or a fixed-term contract of 03 months or more, excluding those receiving retirement pensions and domestic workers.

Note: In cases where an employee has signed multiple labor contracts simultaneously, they will participate in unemployment insurance according to the first contract signed.

- Employers include:

  • State agencies, public service units, and armed forces units.
  • Political organizations, socio-political organizations, socio-professional organizations, social organizations, and socio-professional organizations.
  • Foreign agencies, organizations, and international organizations operating in Vietnam.
  • Enterprises, cooperatives, households, business households, cooperatives, other organizations, and individuals that hire and use labor under a work contract or labor contract.

Note: Within 30 days from the effective date of the labor contract or work contract, employers must participate in unemployment insurance for their employees.

2. Monthly Unemployment Insurance Contribution Rate

- Employees: Contribute 1% of their monthly salary.

- Employers: Contribute 1% of the monthly salary fund of the employees participating in unemployment insurance.

- Legal Basis: Clause 1, Article 57 of the 2013 Employment Law.

3. Conditions for Receiving Unemployment Benefits

- Employees specified in Clause 1, Article 43 of the 2013 Employment Law who are contributing to unemployment insurance are eligible for unemployment benefits when they meet the following conditions:

1. Termination of the labor contract or work contract, except for the following cases:

a) The employee unilaterally terminates the labor contract or work contract illegally.

b) Receiving retirement pensions or monthly disability allowances.

2. Having contributed to unemployment insurance for at least 12 months within the 24 months prior to the termination of the labor contract or work contract as specified in points a and b of Clause 1, Article 43 of this Law; having contributed for at least 12 months within 36 months before terminating the labor contract for cases specified in point c of Clause 1, Article 43 of this Law.

3. Having submitted a claim for unemployment benefits at the employment service center as per the provisions of Clause 1, Article 46 of this Law.

4. Not finding employment 15 days after submitting the claim for unemployment benefits, except for the following cases:

a) Performing military service or police obligations.

b) Studying for a period of 12 months or more.

c) Serving a decision on educational measures, compulsory educational institutions, or compulsory rehabilitation facilities.

d) Being temporarily detained or serving a prison sentence.

e) Resettling abroad or laboring abroad under contract.

f) Deceased.

4. Unemployment Benefits Amount

- The monthly unemployment benefit amount is 60% of the average monthly salary contributed to unemployment insurance for the 06 months immediately preceding unemployment.

Note:

+ The maximum benefit does not exceed 05 times the base salary for employees subject to the salary regime set by the State; or

+ No more than 05 times the regional minimum wage according to the Labor Code for employees contributing to unemployment insurance under the salary regime decided by the employer at the time of terminating the labor contract or work contract.

- The duration of unemployment benefits is calculated based on the number of months contributed to unemployment insurance: for every 12 months up to 36 months, an individual is entitled to 03 months of unemployment benefits; thereafter, for each additional 12 months contributed, they are entitled to an additional month of unemployment benefits, but not exceeding 12 months in total.

- The benefit period begins from the 16th day after submitting a complete application for unemployment benefits as stipulated in Clause 1, Article 46 of the 2013 Employment Law.

This article is for reference only and is not intended to be used as advice. If you need advice, please contact us via email: info@barrso.com


Southern Law - Phone: +84-937-029-368
barrso - Mobile: +84937029368