Unemployment insurance is an important support system that helps share the burden of costs for workers during the period of searching for new employment. The eligibility criteria and calculation of unemployment benefits are as follows:
1. Eligibility criteria for receiving unemployment benefits
According to Article 49 of the 2013 Law on Employment, workers are eligible for unemployment benefits if they meet the following conditions:
1.1. Currently contributing to unemployment insurance
Workers are determined to be contributing to unemployment insurance under the following circumstances:
– The worker has contributed to unemployment insurance for the month in which the labor contract or work contract terminated, and it has been confirmed by the social insurance agency in the social insurance record book.
– The worker has contributed to unemployment insurance for the consecutive month prior to the month in which the labor contract or work contract terminated, and it has been confirmed by the social insurance agency in the social insurance record book.
– The worker has the consecutive month prior to the month in which the labor contract or work contract terminated and has taken sick leave or maternity leave for at least 14 working days within the month, without receiving monthly salary from the employer, and it has been confirmed by the social insurance agency in the social insurance record book.
– The worker has the consecutive month prior to the month in which the labor contract or work contract terminated and has been on unpaid leave for at least 14 working days within the month at the employer’s unit, without receiving salary, and it has been confirmed by the social insurance agency in the social insurance record book.
– The worker has the consecutive month prior to the month in which the labor contract or work contract terminated and has temporarily suspended the labor contract or work contract for at least 14 working days within the month at the employer’s unit, and it has been confirmed by the social insurance agency in the social insurance record book.
1.2. Termination of the labor contract or work contract
Termination of the labor contract or work contract, except in the following cases:
– The worker unilaterally terminates the labor contract or work contract in violation of the law.
– Receiving retirement pay or monthly labor capacity loss allowance.
1.3. Having paid sufficient unemployment insurance contributions
Having made unemployment insurance contributions for a period of at least 12 months within the 24 months before the termination of the labor contract or work contract.
1.4. Submitting the unemployment benefit application file at the employment service center
Submitting the unemployment benefit application file at the employment service center within a period of 3 months from the date of termination of the labor contract or work contract.
1.5. Unable to find employment
Being unable to find employment for 15 days from the date of submitting the unemployment benefit application file, except in the following cases:
– Fulfilling military or public security obligations.
– Attending a structured educational program for a period of 12 months or more.
– Being placed in a reformatory, compulsory education institution, or compulsory rehabilitation facility under a decision.
– Being detained or serving a prison sentence.
– Emigrating for settlement purposes or working abroad under a contract.
– Deceased.
2. Amount, duration, and timing of receiving unemployment benefits
2.1. Amount of unemployment benefits
Monthly unemployment benefits = Average salary of the last 6 consecutive months with unemployment insurance contributions x 60%.
Note: The monthly unemployment benefit amount:
– Must not exceed 5 times the basic salary level for workers subject to the state-regulated salary regime.
– Or must not exceed 5 times the minimum regional wage as regulated by the Ministry of Labor, War Invalids and Social Affairs for workers following the wage regime decided by the enterprise.
2.2. Duration of receiving unemployment benefits
The duration of receiving unemployment benefits for a worker is calculated based on the number of months of unemployment insurance contributions. After contributing for a period of 12 to 36 months, the worker is eligible for 3 months of unemployment benefits. After that, for each additional 12 months of contributions, the worker is eligible for an additional month of unemployment benefits, up to a maximum of 12 months.
2.3. Timing of receiving unemployment benefits
The timing of receiving unemployment benefits is calculated from the 16th day from the date of submitting the complete unemployment benefit application file.
Example: Mr. Nguyen Van A has contributed to unemployment insurance for 50 months with an average salary of the last 6 months being 4,000,000 VND.
The benefit duration for Mr. A:
+ First 36 months of unemployment insurance contributions => eligible for 3 months of benefits.
+ Next 12 months of unemployment insurance contributions => eligible for an additional 1 month of benefits.
+ Remaining 2 months of unemployment insurance contributions => accumulated for the next benefit period.
The monthly unemployment benefit amount for Mr. A is: 4,000,000 VND x 60% = 2,400,000 VND.
3. Documentation and procedures for receiving unemployment benefits
3.1. Documents required for receiving unemployment benefits
The documentation required for receiving unemployment benefits includes:
– A request for unemployment benefits according to the template prescribed by the Minister of Labor, War Invalids and Social Affairs.
– An original copy or certified copy, or a copy accompanied by the original for verification, of one of the following documents confirming the termination of the labor contract or work contract:
+ Expired or completed labor contract or work contract.
+ Termination decision.
+ Dismissal decision.
+ Disciplinary decision resulting in termination.
+ Notification or agreement to terminate the labor contract or work contract.
+ Confirmation from the employer containing specific information about the worker, the type of signed labor contract, the reason and timing of contract termination for the worker.
+ Confirmation from the competent state authority regarding the dissolution or bankruptcy of the enterprise or cooperative, or the decision to dismiss, exempt, or remove from positions for appointed positions in cases where the worker is a business manager or cooperative manager.
– Social insurance book.
3.2. Where to submit the unemployment benefit application file?
According to the regulations in Clause 1 of Article 17 of Decree No. 28/2015/ND-CP, workers can submit the unemployment benefit application file at the local employment service centers where they intend to receive unemployment benefits (not necessarily the location where they have worked).
Note: Workers can authorize someone else or send the application file by post if they fall into one of the following cases:
– On sick leave or maternity leave with confirmation from the authorized healthcare facility.
– Involved in an accident with confirmation from the traffic police or authorized healthcare facility.
– Affected by fire, flood, earthquake, tsunami, disaster, epidemic, with confirmation from the Chairman of the People’s Committee at the commune, ward, or town.
– The worker’s father/mother/spouse/child has passed away, or the worker or the worker’s child gets married, with confirmation from the People’s Committee at the commune, ward, or town.
4. Some notes during the process of receiving unemployment benefits
During the period of receiving unemployment benefits, the worker must report their job search activities to the employment service centers monthly, except in the following cases:
– Workers receiving unemployment benefits are not required to report job search activities monthly if the reporting period falls within the time when they meet the following conditions:
+ Males aged 60 or older, females aged 55 or older.
+ On maternity leave with confirmation from the authorized healthcare facility.
+ Suffering from a prolonged illness with confirmation from the authorized healthcare facility.
+ Currently under a seasonal labor contract or fixed-term work with a duration of less than 3 months.
+ Participating in vocational training courses under a decision of the Director of the Department of Labor, War Invalids and Social Affairs.
– Workers receiving unemployment benefits do not need to directly report job search activities monthly if the reporting period falls within the time when they meet the following conditions:
+ Illness not falling under the cases specified in Point b, Clause 2, Article 10 of Circular No. 28/2015/TT-BLDTBXH, with confirmation from the competent healthcare authority.
+ Involved in an accident with confirmation from the traffic police or authorized healthcare facility.
+ Affected by fire, flood, earthquake, tsunami, disaster, epidemic, with confirmation from the Chairman of the People’s Committee at the commune, ward, or town.
+ Father/mother/spouse/child of the worker has passed away, or the worker or the worker’s child gets married, with confirmation from the People’s Committee at the commune, ward, or town.