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Who is Eligible for Unemployment Benefits Under Resolution 116?

Are you aware of the latest updates regarding unemployment benefits and Resolution 116? Stay tuned as we uncover the untold stories and ensure no one is left behind.

Administrator

15 July, 2024

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Currently, employees can either visit the National Employment Service Center or access the National Public Service Portal of Vietnam Social Security to submit their applications. However, not everyone is eligible to apply for unemployment benefits under Resolution 116. So, who is not eligible to submit an application for unemployment benefits? Let’s find out!

15 Groups of People Who Are Not Eligible to Receive Applications for Benefits under Resolution 116

According to a report by Lao Động newspaper on October 7, 2021, the Vietnam Social Security has issued an official dispatch on identifying beneficiaries under Decision No. 28/2021/QD-TTg.

This dispatch states that one of the conditions for identifying eligible beneficiaries, as per Clause 1, Article 1 of Decision No. 28/2021/QD-TTg, is that:

The employee must be participating in unemployment insurance as of September 30, 2021 (their name must be on the list of participants in unemployment insurance provided by the social security agency).

Groups of people who are not eligible to receive applications for benefits under Resolution 116

Consequently, when identifying beneficiaries, and in reference to Article 11 of Decree No. 28/2015/ND-CP guiding the Law on Employment regarding unemployment insurance, the social security agency does not have a clear basis for applying to the following cases:

Employees on maternity leave for 14 working days or more in a month.
Employees on sick leave for 14 working days or more in a month.
Employees with suspended labor contracts/work contracts.
Employees on unpaid leave.
Employees who unilaterally terminate their labor contracts/work contracts in violation of the law (leaving their job without notice).

2Why Aren’t These Groups Eligible to Receive Unemployment Benefits?

These groups are not yet eligible to receive unemployment benefits under Resolution 116 because, as of September 30, 2021, these cases did not contribute to unemployment insurance, but they were also not removed from the “list of participants in unemployment insurance” of their employing unit.

In addition, the above-mentioned cases have an unemployment insurance participation period that is reserved, similar to the second group of beneficiaries under Decision No. 28/2021/QD-TTg.

These cases did not contribute to unemployment insurance but were also not removed from the “list of participants”

However, the Vietnam Social Security has requested the Ministry of Labor, Invalids, and Social Affairs to soon study and guide the group of people who have participated in unemployment insurance but have had their participation period reserved from January 1, 2020, to September 30, 2021, and are not on the list of unemployment insurance contributors as of September 30, 2021, so that the social security agency has a basis for implementation.

In the meantime, the Vietnam Social Security is still receiving applications and processing payments for those with specific regulations as soon as possible.

If you have any questions about registering for unemployment benefits, you can contact the Vietnam Social Security hotline 1900.9068 for advice and answers.

Frequently asked questions

Vietnamese citizens who have made contributions to the unemployment insurance fund for a minimum of 12 months are eligible for unemployment benefits under Resolution 116. This includes those who have lost their jobs due to business dissolution, bankruptcy, or downsizing, as well as those who have had their labor contracts terminated due to economic reasons.

To receive unemployment benefits, individuals must have contributed to the unemployment insurance fund for at least 12 months and be available for and capable of work. They must also be actively seeking employment and participate in training or job-seeking support activities organized by the local employment service center.

The duration of unemployment benefit receipt depends on the number of months an individual has contributed to the fund. For every 12 months of contribution, an individual is entitled to 3 months of unemployment benefits. The maximum duration is 12 months.

Yes, there are certain conditions that would disqualify an individual from receiving unemployment benefits. These include voluntarily leaving one’s job without valid reasons, being dismissed due to intentional violations of law or company regulations, or receiving a pension or early retirement benefits.

To apply for unemployment benefits, individuals should contact their local employment service center and submit the required documents, including proof of identity, labor contracts or employment certificates, and proof of contribution to the unemployment insurance fund.