I. Legal basis

Employment Law 2013

Decree 28/2015/ND-CP

II. Unemployment insurance

Unemployment insurance is a type of social insurance designed to provide financial support to workers when they unexpectedly lose their jobs and meet certain conditions. The goal of unemployment insurance is to help workers maintain a minimum standard of living while looking for a new job.

In Vietnam, unemployment insurance is regulated in the Employment Law and managed by Vietnam Social Insurance. Employees participating in unemployment insurance will enjoy the following benefits:

• Unemployment benefits: When employees terminate their labor contracts and cannot find a new job, they can receive unemployment benefits for a certain period of time, depending on the number of years of insurance and contribution level.
• Job search support: Employees can receive consulting services and job search support from the Employment Service Center.
• Vocational training: Workers can receive vocational training support and improve skills to find new jobs more easily.

III. Conditions for receiving unemployment benefits

a) Termination of labor contract or working contract, except in the following cases:

• The employee unilaterally terminates the labor contract or working contract illegally;
• Receive monthly pension and disability allowance.

1. b) Have paid unemployment insurance in full:

• 12 months or more within 24 months before terminating the labor contract in the following cases: Fixed-term and indefinite-term labor contracts
• 12 months or more within 36 months before terminating the labor contract in the following cases: Signing a seasonal labor contract or a certain job with a term of 3 months to less than 12 months

c) Have registered for unemployment and submitted an application for benefits at the Employment Service Center

Employees must register for unemployment at the Employment Service Center within 3 months of terminating the labor contract.

d) Haven’t found a job after 15 days from the date of submitting the application for unemployment insurance benefits, except in the following cases:

• Perform military service and police service;
• Going to study for a period of 12 months or more;
• Comply with the decision to apply the measure of sending to reformatories, compulsory education establishments, and compulsory detoxification establishments;
• Detained; serve a prison sentence;
• Settling abroad; go to work abroad under contract;
• Die.

Therefore, to receive unemployment insurance, employees need to have enough time to participate in insurance according to regulations (at least 12 months in the 24 months before losing their job) and not have a reason for quitting that violates the law.

IV. Time to submit applications to receive unemployment benefits

a) Application submission time

Time required: Employees need to submit an application for unemployment benefits within 3 months from the date of termination of the labor contract.

If the employee does not submit an application within this time period, he or she will no longer be eligible for unemployment benefits and will be considered ineligible for benefits. However, the unemployment insurance payment period during that time will be reserved for the next benefit.

b) Submit application directly or by authorization

• Submit application directly: Employees can directly submit 01 set of documents at the Employment Service Center where they want to receive unemployment benefits.
• Authority: If the employee cannot submit the application directly for one of the following reasons, they can authorize another person to submit the application on their behalf:
  • Sickness, maternity: Confirmed by a competent medical facility.
  • Having an accident: Confirmed by traffic police or competent medical facility.
  • Fire, flood, earthquake, tsunami, enemy sabotage, epidemic: Confirmed by the Chairman of the People’s Committee of the commune, ward or town where the incident occurred.

c) Overdue 3 months

• If the employee does not submit an application within 3 months from the date of termination of the labor contract, he or she will not be entitled to unemployment benefits.
• However, the unearned unemployment insurance payment period will be reserved and can be used for the next unemployment benefit.

d) Documents to be submitted

• Application for unemployment benefits.
• Documents proving the termination of the labor contract (decision to resign, expired labor contract, etc.).
• Social insurance book.
• Identity card/citizen identification card.
• Other related documents if requested by the social insurance agency.

V. About Us, Hankuk Law Firm

■ Hankuk Law Firm – Introduction

The goal of the legal services provided by HANKUK LAW FIRM is to support businesses, investors, and people. Our organization employs skilled Korean lawyers, partners, and professionals to provide legal services to businesses related to corporations and litigation.

To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

To protect the legitimate rights and interests of our clients and achieve the best results, we provide legal advice and participate in civil lawsuits related to business, labor, marriage, family, and inheritance.

■ Contact us now

For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

■ Contact Hankuk Law Firm:

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