On the morning of April 22, the Vietnam General Confederation of Labor held a conference to collect opinions on the draft Law on Employment (amended), chaired by Ms. Tran Thi Thanh Ha - Member of the Presidium, Head of the Department of Legal Policy and Labor Relations (Vietnam General Confederation of Labor).
Ms. Tran Thi Thanh Ha said that the draft Law on Employment (amended) was given by the National Assembly at the 8th session (November 2024); it is expected to be approved by the National Assembly at the 9th session (May 2025).
Ms. Tran Thi Thanh Ha suggested that delegates give their opinions on the entire draft Law on Employment (amended), focusing on a number of issues, such as: Ensuring jobs in addition to unemployment insurance; expanding the subjects participating in unemployment insurance and building voluntary unemployment insurance; conditions for borrowing capital to support working abroad; unemployment insurance payment level, unemployment insurance payment period, unemployment allowance conditions...
Based on the results of today's conference, the General Confederation will have an official document sent to the drafting agency, in order to complete and submit to the National Assembly for study and approval at the meeting in May.
Presenting the new points of the latest Employment Law (amended), Mr. Nguyen Ngoc Thanh - Deputy Director of the Department of Culture and Social Affairs, National Assembly's Committee on Culture and Social Affairs said that the latest draft of the Employment Law (amended) has removed the regulation "the unemployment insurance payment period of over 144 months is not reserved" in Clause 2, Article 44.
Talking to the reporter, Mr. Nguyen Ngoc Thanh said that the latest reasoning of the employment law (amendment) has abandoned this provision because the spirit of innovation of thinking when building the law is not re -regulating the provisions of the Decree, Circulars - under the law, under the responsibility of the Government. The change in the draft law is absorbed from the opinions of the National Assembly deputies.
Thus, Article 44 in the draft Law on Employment (amended) stipulates as follows:
Article 44. Benefit level, duration of benefits, time of benefits and documents, procedures for receiving unemployment benefits
1. The monthly unemployment benefit is equal to 60% of the average monthly salary for unemployment insurance contributions of the 06 most recent months of unemployment insurance contributions before the termination of labor contracts, employment contracts or termination of employment, but not exceeding 5 times the minimum monthly salary by region announced by the Government applied in the last month of unemployment insurance contributions.
2. The period of unemployment benefits is calculated based on the number of months of unemployment insurance contributions, for every 12 months to 36 months of contributions, they will receive 3 months of unemployment benefits, then for every additional 12 months of contributions, they will receive 1 more month of unemployment benefits but not exceeding 12 months.
Currently, Circular No. 15/2023/TT-BLDTBXH stipulates as follows: Employees with a period of unemployment insurance payment of more than 36 months to 144 months, the payment period has not been resolved and the unemployment benefits are reserved. In case the employee pays unemployment insurance for more than 144 months, the unresolved periods of unemployment benefits will not be reserved. The period of unemployment insurance payment is reserved and recorded in the decision on receiving unemployment benefits.
Circular 15/2023/TT-BLDTBXH amended and supplemented a number of articles of Circular No. 28/2015/TT-BLDTBXH dated July 31, 2015 guiding the implementation of Article 52 of Employment Law and some articles of the Government's Decree No. 28/2015/ND-CP dated December 12, 2015, detailing the implementation of a number of articles of the employment law on unemployment insurance.
