Vietnam Social Security responded:
* Regarding participation in unemployment insurance: Employees are required to participate in unemployment insurance if they are eligible to participate as prescribed in Article 43 of the Employment Law.
* Regarding conditions for unemployment benefits
1. According to the provisions of Article 49 of the Employment Law and guiding documents, employees specified in Clause 1, Article 43 of this Law who are paying unemployment insurance are entitled to unemployment benefits when they meet the following conditions:
- Termination of the labor contract or working contract, except in the following cases: (a) The employee unilaterally terminates the labor contract or working contract illegally; (b) Receive monthly pension and disability allowance;
- Have paid unemployment insurance for 12 months or more within 24 months before terminating the labor contract or working contract in the cases specified in Points a and b, Clause 1, Article 43 of this Law; have paid unemployment insurance for 12 months or more within 36 months before terminating the labor contract in the case specified in Point c, Clause 1, Article 43 of this Law;
- Have submitted an application for unemployment benefits at an employment service center within 03 months from the date of termination of the labor contract or working contract.
- Have not found a job after 15 days from the date of submitting the application for unemployment insurance benefits, except for the following cases: a) Performing military service or police service; b) Going to study for a period of 12 months or more; c) Comply with the decision to apply the measure of sending to reformatories, compulsory education establishments, and compulsory detoxification establishments; d) Being temporarily detained; serve a prison sentence; d) Settle abroad; go to work abroad under contract; e) Death.
2. According to the provisions of Clause 2, Article 12 of Decree No. 28/2015/ND-CP, which has been amended and supplemented in Clause 4, Article 1 of Decree No. 61/2020/ND-CP, employees are identified as are paying unemployment insurance according to the provisions of Article 49 of the Employment Law when falling into one of the following cases:
- The employee has paid unemployment insurance in the month of termination of the labor contract or working contract and has it confirmed by the social insurance agency on the social insurance book;
- The employee has paid unemployment insurance for the month immediately preceding the month of termination of the labor contract or working contract and has it confirmed by the social insurance agency on the social insurance book;
- Employees whose month immediately precedes the month of termination of the labor contract or employment contract or the month of termination of the labor contract or employment contract but are absent from work due to illness or maternity for 14 working days or more during the month, do not receive monthly salary at the unit and are confirmed by the social insurance agency on the social insurance book;
- Employees whose month immediately precedes the month of termination of the labor contract or work contract or the month of termination of the labor contract or work contract take unpaid leave for 14 working days or more in the month at unit and confirmed by the social insurance agency on the social insurance book;
- The employee has the month immediately preceding the month of termination of the labor contract or work contract or the month of termination of the labor contract or work contract but postpones the implementation of the labor contract or work contract from 14 working days or more in a month at the unit and confirmed by the social insurance agency on the social insurance book.
Thus, if you meet the above conditions, you will receive unemployment benefits. Readers should contact the local Employment Service Center where you need to receive unemployment benefits for specific support and answers.
