Tiếng Việt
中文 (中国)
日本語
On December 29, 2023, the Minister of the Ministry of Labor, Invalids and Social Affairs issued Circular 15/2023/TT-BLĐTBXH amending and supplementing certain provisions of Circular 28/2015/TT-BLĐTBXH guiding the implementation of Article 52 of the 2013 Labor Code and some provisions of Decree 28/2015/NĐ-CP detailing the implementation of certain provisions of the 2013 Labor Code regarding unemployment insurance.
Circular 15/2023/TT-BLĐTBXH provides detailed regulations on the retained periods for unemployment benefits in Vietnam. According to this regulation, these periods will not be counted as lost time when individuals go through the procedure to receive unemployment benefits but will be retained until the next time they claim unemployment benefits.
The retained periods eligible for unemployment benefits include:
- The period of paying unemployment insurance retained when the individual has months of payment that have not been resolved to receive unemployment benefits.
- The period of paying unemployment insurance retained when the individual’s decision to receive unemployment benefits is revoked.
- The period of paying unemployment insurance retained when the individual’s receipt of unemployment benefits is terminated.
- The period of paying unemployment insurance retained when the individual does not come to receive unemployment benefits.
- The period of paying unemployment insurance confirmed as additional after the termination of receiving unemployment benefits (for cases where individuals have received unemployment benefits for less than 36 months, the calculation is based on the actual time of payment and receipt of unemployment benefits).
Thus: The total retained period of paying unemployment insurance according to the labor law in Vietnam = The period of paying unemployment insurance retained when the individual has months of payment that have not been resolved to receive unemployment benefits (if any) + The period of paying unemployment insurance retained when the individual’s decision to receive unemployment benefits is revoked (if any) + The period of paying unemployment insurance retained when the individual’s receipt of unemployment benefits is terminated (if any) + The period of paying unemployment insurance retained when the individual does not come to receive unemployment benefits (if any) + The period of paying unemployment insurance confirmed as additional after the termination of receiving unemployment benefits (for cases where individuals have received unemployment benefits for less than 36 months, the calculation is based on the actual time of payment and receipt of unemployment benefits) (if any).
The issuance of Circular 15 on the retained periods for unemployment benefits will be a significant support for Vietnamese workers who may currently face difficulties in determining the remaining time eligible for retention without receiving unemployment benefits. This will help them strategically plan their work to optimize the amount of benefits they can receive.
Previously, periods in a legal gray area, for example to be considered acceptable by a local social insurance agency in one location but might be rejected in other local insurance agencies, such as periods when individuals do not come to receive unemployment benefits or decisions to receive benefits are revoked, will now be deemed as periods eligible for retention for the next time the individual applies for unemployment benefits.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
