Tiếng Việt
中文 (中国)
The termination of unemployment benefits is a significant issue clearly defined in Vietnam’s legal system to ensure fairness, transparency, and effectiveness of this support policy. Adjusting and managing cases of terminating unemployment benefits not only helps protect the national resources but also raises crucial considerations about individual and community responsibilities in the process of seeking employment and maintaining stability in daily life.
Vietnam’s legal system has established solid principles and regulations regarding the termination of unemployment benefits, ensuring that individuals benefiting from this policy genuinely meet the specified criteria and conditions.
This article will analyze in detail the regulations, conditions, and procedures for terminating unemployment benefits in Vietnam.
Cases of Termination of Unemployment Benefits in Vietnam
In Vietnam, there are several cases in which employees will no longer qualify for unemployment benefits as stipulated in Article 21, Clause 1 of Decree 28/2015/ND-CP, amended by Clause 9, Article 1 of Decree 61/2020/ND-CP. This means that employees are terminated from receiving monthly unemployment benefits.
Specifically, cases of termination of unemployment benefits for individuals currently receiving them include the following 12 situations:
Expiration of the unemployment benefit period according to the decision on unemployment benefits for the employee
When employees receiving unemployment benefits reach the end of the specified period, the entitlement to unemployment benefits will automatically cease. In the future, if the employee meets the conditions for benefits after a period of social insurance – unemployment insurance contributions, they can resume receiving unemployment benefits if the eligibility criteria are met.
Employment
Employees are considered employed if they fall into one of the following cases:
- They have entered into a work contract, seasonal or specific-term labor contract for a duration of at least one month. The date when the employee is deemed employed is the effective date of the work contract or labor contract as stipulated by law.
- They have received a recruitment or appointment decision for cases not covered by the scope of labor contracts or work contracts. The date when the employee is considered employed in this case is the date of recruitment or appointment stated in the recruitment or appointment decision.
- They have a business registration certificate for cases where the employee is the head of a business household or has a business registration certificate for cases where the employee is the owner of an enterprise. The date when the employee is determined to be employed is the date when the employee notifies the employment service center about the commencement of business activities for business households or enterprises.
- The employee notifies the employment service center that they have found employment. The date when the employee is determined to be employed in this case is the date specified in the employee’s employment notification.
Fulfillment of Military Service or Public Security Obligations
The date when the employee is determined to fulfill military service or public security obligations is the date when the employee enters military service.
Receiving Monthly Pension
The date when an employee is determined to receive a monthly pension is the first day of eligibility as recorded in the document from the social insurance agency regarding the monthly pension entitlement.
After refusing employment twice without justifiable reasons provided by the employment service center where the unemployment benefits are being received
Employees receiving unemployment benefits who refuse employment fall into one of the following cases, deemed unjustified:
- The employee, despite being introduced to suitable employment by the employment service center matching their industry, profession, training level, or previous work, does not participate in the job interview.
- The employee participated in a job interview based on the referral of the employment service center where they are receiving unemployment benefits and was hired by the employer, but declined the offered position, except in cases where the job offered differs from the announced job description by the employer.
During the period of receiving unemployment benefits, failure to report monthly job search activities to the employment service center for three consecutive months as required
The date when the employee is determined to have the unemployment benefits terminated is the last day of the three-month notice period when the employee fails to report monthly job search activities.
Settling abroad for permanent residence, working with a fixed-term contract overseas
The date when the employee is determined to settle abroad for permanent residence or work with a fixed-term contract overseas is the date when the employee departs according to the regulations on entry and exit.
Engaging in educational studies with a duration of at least 12 months
The date when the employee is determined to engage in educational studies with a duration of at least 12 months is the enrollment date recorded in the admission letter.
Being fined for administrative violations related to violating unemployment insurance laws
The date when the employee is determined to be fined for administrative violations mentioned above is the date when the employee is fined according to the decision of the competent authority.
Death
The date when the employee is determined to have passed away is the date recorded in the death certificate.
Compliance with the decision to apply measures for compulsory education or compulsory rehabilitation facilities
The date when the employee is determined to comply with the decision to apply measures for compulsory education, compulsory rehabilitation facilities is the date when the administrative processing measures begin, as recorded in the decision of the competent authority.
Declared missing by the court
The date when the employee is determined to be missing is specified in the decision of the court.
Temporary detention, serving a prison sentence
The date when the employee is determined to be temporarily detained or serving a prison sentence is the date when the decision to detain or serve the prison sentence is implemented by the competent authority.
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.
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