Subjects, Conditions and Procedures for Receiving Unemployment Benefits

What is unemployment insurance and unemployment benefits? Who is eligible for unemployment benefits? What are the conditions, documents, and procedures for receiving unemployment benefits? fdiinvietnam.com will answer you in detail in this article.

WHAT IS UNEMPLOYMENT INSURANCE AND UNEMPLOYMENT BENEFITS?

Unemployment insurance (UI) is a policy to partially compensate employees’ income when they lose their jobs, support employees in learning a trade, maintaining jobs, and finding jobs based on contributions to the unemployment insurance fund.

Unemployment benefits include four modes: Unemployment benefits; job counseling and referral support; vocational training support and job maintenance support.

Thus, unemployment benefits are one of the four modes of unemployment insurance, which is the amount of money that the social insurance agency must pay to support workers in resolving unemployment.

UNEMPLOYMENT BENEFITS RECIPIENTS

Those eligible for unemployment benefits include:

• Labor contract or employment contract of indefinite term;
• Labor contract or employment contract with a fixed term;
• Seasonal or specific job employment contracts with a term from 3 months to less than 12 months;
• In case an employee has signed and is performing multiple labor contracts/employment contracts as prescribed above, the employee and the employer of the first labor contract/employment contract are responsible for participating in unemployment insurance.

CONDITIONS FOR UNEMPLOYMENT BENEFITS

Workers are entitled to unemployment benefits if they meet the following conditions:

1. Termination of employment contract or work contract

Employees whose labor contracts/work contracts are terminated and do not fall into one of the following cases are entitled to unemployment benefits:

• Employees unilaterally terminate labor contracts illegally;
• Receive monthly pension and disability benefits.

2. Unemployment insurance paid

• Employees working under indefinite-term or fixed-term labor contracts who have paid unemployment insurance for 12 months or more within 24 months prior to termination of the labor contract;
• Employees working under seasonal labor contracts or single-job contracts with a term of 3 months to less than 12 months have paid unemployment insurance for 12 months or more within 36 months prior to termination of the labor contract.

3. Have submitted an application for unemployment benefits at the employment service center as prescribed.

4. Not finding a job after 15 days from the date of submitting the application for unemployment insurance, except in the following cases:

1. Perform military service, police service;
2. Studying for a period of 12 months or more;
3. Comply with the decision to apply measures of sending to a reformatory school, compulsory education facility, or compulsory drug rehabilitation facility; 
4. Detained, serving a prison sentence; 
5. Settling abroad, working abroad under contract; 
6. Die. 

HOW TO CALCULATE UNEMPLOYMENT INSURANCE

Monthly unemployment benefit level

The monthly unemployment benefit is equal to 60% of the average monthly salary for unemployment insurance contributions of the 6 consecutive months before unemployment, but not exceeding 5 times the basic salary for employees subject to the salary regime prescribed by the State or not exceeding 5 times the regional minimum wage as prescribed by the Labor Code for employees paying unemployment insurance according to the salary regime decided by the employer at the time of termination of the labor contract or employment contract.

Unemployment benefits for employees are calculated as follows:

For example: Employee A works at a company with a monthly social insurance salary of 50,000,000 VND. If eligible for unemployment benefits, the monthly unemployment benefit is: 50,000,000 VND x 60% = 30,000,000 VND. However, this benefit is 5 times higher than the regional minimum wage (region I) of 5 x 4,420,000 VND = 22,100,000 VND, so the employee’s monthly unemployment benefit will be 22,100,000 VND.

Unemployment insurance period

The unemployment benefit period is calculated based on the number of months of unemployment insurance contributions. 

• Paying for 12 – 36 months will receive 3 months of unemployment benefits;
• For every additional 12 months of contributions, you will receive an additional month of unemployment benefits, but not more than 12 months.

The time to receive unemployment benefits is calculated from the 16th day from the date of submitting complete unemployment benefit application documents as prescribed.

Note: In case the employee has not received all unemployment benefits according to the decision but has a job, he/she will not continue to receive them.

UNEMPLOYMENT INSURANCE APPLICATION FORM

FREE DOWNLOAD : Application for unemployment benefits .

UNEMPLOYMENT INSURANCE PROCEDURES

To receive unemployment insurance, employees must perform the following 4 steps:

Step 1 : Within 3 months from the date of termination of the labor contract, the employee must directly submit 1 set of unemployment insurance application documents to the employment service center;

Step 2: Go to the employment service center to receive the decision on unemployment benefits according to the date stated in the appointment slip;

Step 3 : Within 5 working days from the date of receiving the decision on unemployment benefits, go to the social insurance agency to receive the first month’s unemployment benefits (from the 2nd month, if from the 7th day onwards there is no decision to suspend or terminate unemployment benefits, the employee will continue to receive benefits);

Step 4 : Go to the employment service center every month to make a job search notification according to regulations.

Note: Employees are only allowed to authorize another person to submit or send documents by post if they fall into one of the following cases:

• Sickness and maternity with confirmation from a competent medical facility;
• Accident confirmed by traffic police or competent medical facility;
• Fire, flood, earthquake, tsunami, war, epidemic confirmed by the Chairman of the People’s Committee of the commune, ward, or town.

The above is very detailed information about the subjects, conditions, documents and procedures for receiving unemployment benefits. Hopefully with the above information, you have clearly understood whether you are eligible for unemployment benefits or not, and if so, what you need to do to fully enjoy your rights. If you need more information, you can contact fdiinvietnam.com at 0978 578 866 (North) , 033 9962 333 (Central) or 033 9962 333 (South)  for support.

Frequently asked questions when registering for unemployment insurance

 

• Employees working under labor contracts or employment contracts with indefinite or definite terms;
• Employees working under seasonal labor contracts or for a specific job with a term from 3 months to less than 12 months.

“}},{“@type”: “Question”,”name”: “Question 2. What are the conditions for unemployment insurance?”,”acceptedAnswer”: {“@type”: “Answer”,”text”: “

Workers are entitled to unemployment benefits if they fully meet the following conditions:

• Termination of employment/labor contract in accordance with regulations;
• Have paid social insurance for the required period;
• Submitted unemployment benefit application at the employment service center as prescribed;
• Not found a job after 15 days of applying for unemployment insurance.

See details: Conditions for unemployment benefits.

“}},{“@type”: “Question”,”name”: “Question 3. How is unemployment insurance calculated?”,”acceptedAnswer”: {“@type”: “Answer”,”text”: “

Monthly unemployment benefit = 60% x Average monthly salary for unemployment insurance contributions of the 6 consecutive months before unemployment. However, the unemployment benefit is not more than 5 times the basic salary or regional minimum wage.

See also:  How to calculate unemployment insurance.

“}},{“@type”: “Question”,”name”: “Question 4. What documents are included in the unemployment benefit application?”,”acceptedAnswer”: {“@type”: “Answer”,”text”: “

The file includes: Application for unemployment benefits, decision on termination of employment/decision on dismissal/disciplinary decision on forced termination of employment, social insurance book, copy of ID card/CCCD of the person requesting unemployment benefits.

FREE DOWNLOAD :Application for unemployment benefits.

“}},{“@type”: “Question”,”name”: “Question 5. How long is the unemployment insurance period?”,”acceptedAnswer”: {“@type”: “Answer”,”text”: “

Employees who have paid for 12-36 months will receive 3 months of unemployment benefits.

For every additional 12 months of contributions, you will receive an additional month of unemployment benefits, but not more than 12 months.

“}} ]}

Call us at 0978 578 866 (North) , 033 9962 333 (Central) or 033 9962 333 (South)  for support.