What is the maximum monthly unemployment benefit for a Vietnamese state employee?

“Mr. Lawyer, I would like to ask if state employees are entitled to unemployment benefits. The law stipulates who is entitled to unemployment allowance and how much is it. Please answer the lawyer. help me.” Hello! Thank you for trusting our legal consulting services and sending questions to us. We will answer your case through the article below to help you better understand the legal provisions on unemployment benefits as well as answer the question about whether civil servants are entitled to unemployment benefits. Then today, LSX Lawfirm will give you an article about “What is the maximum monthly unemployment benefit for a Vietnamese state employee?“, as follows:

Legal grounds

• Law on Cadres and Civil servants 2008
• Employment Law 2013
• Decree 46/2010/ND-CP

Who are the civil servants?

What is the maximum monthly unemployment benefit for a Vietnamese state employee? Pursuant to Law No. 52/2019/QH14 promulgated on November 25, 2019, amending and supplementing a number of articles of the Law on Public Officials and the Law on Public Officials, civil servants are understood as follows:

“2. Civil servants are Vietnamese citizens, recruited and appointed to ranks, positions, and titles corresponding to their employment positions in agencies of the Communist Party of Vietnam, the State, and socio-political organizations in Vietnam. central, provincial, and district levels; in agencies or units of the People’s Army who are not officers, professional soldiers, or defense workers; in agencies and units of the People’s Public Security who are not officers, non-commissioned officers serving under the professional regime, public security workers, on the payroll and receiving salaries from the state budget”.

(According to Clause 2, Article 1, Law No. 52/2019/QH14 amending Article 2, Clause 4, Law on cadres and civil servants).

What are the conditions to receive unemployment benefits when losing a job?

According to the provisions of Article 49 of the Employment Law 2013, employees who lose their jobs will entitled to unemployment benefits if they fully meet the following conditions:

– The labor contract with the employer has terminated.

Not applicable to: The employee unilaterally terminates the labor contract illegally; pensioners, monthly allowances for loss of working capacity.

– Having paid unemployment insurance premiums for the full 12 months or more in the 24 months before the termination of the labor contract.

– Have submitted a dossier to the employment service center for unemployment benefits within 03 months from the date of termination of the labor contract.

• Have not found a job after 15 days from the date of application.

Unemployment benefits will not settled for the following cases where they have not yet found a job:

• Perform military service and police service;
• Going to study for a term of full 12 months or more;

a/ To abide by the decision to apply the measure of sending to reformatories, compulsory education establishments, compulsory detoxification establishments;

• Being detained; serving prison sentences;
• Going abroad to settle down; going to work abroad under contract;
• Dead.

Are civil servants entitled to unemployment benefits when they quit their jobs?

Unemployment allowance is one of the special regimes for employees when participating in compulsory social insurance and making contributions to the unemployment insurance fund (UI) according to the provisions of law. When enjoying the unemployment insurance regime, employees will enjoy the following regimes: unemployment allowance; counseling support, job introduction; vocational training support; support training, fostering, and improving vocational skills to maintain jobs.

Civil servants are not subject to unemployment insurance and not entitled to benefits when they leave work.

Pursuant to Article 43, Employment Law 2013, employees working under labor contracts, working contracts with or without definite terms are subject to compulsory participation in unemployment insurance.

In addition

Subjects required to participate in unemployment insurance

1. Employees must participate in unemployment insurance when working under a labor contract or a working contract as follows:

a) An employment contract or an indefinite term employment contract.

b) Labor contract or working contract with definite terms;

c) Seasonal or job-specific labor contracts with a term of from full 3 months to less than 12 months.

In case the employee enters into and is performing many labor contracts specified in this Clause, the employee and the employer of the first signed labor contract are responsible for participating in unemployment insurance.

2. Employees specified in Clause 1 of this Article who are enjoying pensions or doing domestic work not required to participate in unemployment insurance.

3. Employers participating in unemployment insurance include state agencies, public non-business units, people’s armed forces units; political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations; foreign agencies, organizations, and international organizations operating in the Vietnamese territory; enterprises, cooperatives, households, business households, cooperative groups, other organizations and individuals that hire or employ workers under a working contract or a labor contract specified in Clause 1 of this Article. .”

(Article 43, Employment Law 2013)

Compared with the regulations on civil servants under the Law on Cadres and Civil servants, civil servants are not subject to UI participation. Accordingly, public employees who leave their jobs will not entitled to unemployment benefits as prescribed.

What benefits do civil servants enjoy?

Although civil servants not entitled to unemployment benefits, when they quit their jobs, they will entitled to severance pay and social insurance benefits in accordance with the law as prescribed in Article 8, Decree 46/2010/ND-CP stipulating. on severance and retirement procedures for government employees. Specifically, the benefits of civil servants when leaving work are as follows:

The rate of severance allowance

The level of severance allowance for civil servants is specified in Article 5 of Decree 46/2010/ND-CP as follows:

Each working year is equal to 1/2 of the current salary, including salary by grade, grade, allowance for leadership positions; overtime allowance; seniority allowance; coefficient of difference of salary reservation (if any).
The minimum severance allowance is equal to one month’s current salary.

Conditions for receiving severance allowance:

A civil servant who entitled to the severance regime must fall into one of the cases specified in Article 59 of the Law on Cadres and Civil Servants 2008. Specifically:

– Due to organizational arrangements;

– As desired and approved by the competent authority;

– Civil servants falling into the cases specified in Clause 3, Article 58 of the Law on Cadres and Civil servants (amended and supplemented by Clause 12, Article 1, Law No. 52/2019/QH14) include the following cases:

Termination due to civil servants having 02 consecutive years of being classified as failing to fulfill their tasks decided by competent agencies, organizations, or units;
Leaving a job due to holding leadership or managerial position but having 02 non-consecutive years within the appointment term, the quality rated at the level of not completing the task;
Resigned because he did not hold a leadership or management position, but in 03 years, there were 02 consecutive years that the quality was classified at the level of not completing the task in the current position.
In case a civil servant who has trained and retrained but voluntarily quits his job without the consent of the agency, organization, or unit, he/she not entitled to severance allowance but must also pay compensation for training and retraining expenses according to regulations. provisions of law (according to Clause 4, Article 49, Law on Cadres and Civil servants 2008).

One-time social insurance benefits

The one-time social insurance allowance for civil servants calculated as for ordinary employees in accordance with the Law on Social Insurance. The benefit rate calculated according to the number of years of paying social insurance premiums, each year calculated as follows:

Calculated by 1.5 months the average monthly salary on which social insurance premiums are based for the years of payment before 2014;
Calculated by 02 months the average monthly salary on which social insurance premiums are based for the years of payment from 2014 onwards.
Civil servants who have not paid social insurance for less than 1 year, shall entitled to the same amount of paid social insurance contributions; maximum of 02 months of the average monthly salary on which social insurance premiums are based.

Conditions for enjoying one-time social insurance according to the provisions of Article 60, Law on social insurance 2014. Specifically, when civil servants request and satisfy the following conditions, they entitled to one-time social insurance benefits:

Having reached the pension age but have not yet paid the full 20 years of payment of social insurance premiums, or being a commune-level female civil servant who has participated in social insurance for less than 15 years, has paid social insurance premiums and does not continue to participate in voluntary social insurance;
Going abroad to settle down;
Being suffering from one life-threatening disease such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has turned to AIDS…
Thus, civil servants not entitled to unemployment benefits when they quit their jobs. However, they will entitled to one-time social insurance benefits and severance allowance when meeting the prescribed conditions.

The maximum unemployment benefit is up to more than 280 million VND/person

Pursuant to Clause 1, Article 50 of the 2013 Employment Law, the unemployment benefit allowance calculated according to the following formula:

Monthly benefit = 60% x Average monthly salary on which unemployment insurance premiums are based for the last 6 months before unemployment

In which, the employee’s maximum monthly benefit determined as follows:

• Employees receive a salary according to the salary system prescribed by the State:

Maximum benefit/month = 5 x Base salary = 5 x 1.49 million VND = 7.45 million VND/month

– Employees working at ordinary enterprises:

Maximum salary/month = 5 x Regional minimum salary

And

From July 1, 2022, the regional minimum wage will apply to the new level specified in Decree 38/2022/ND-CP. As a result, the maximum monthly unemployment benefit of employees in each region is determined as follows

Region I, with a new minimum wage of 4.68 million VND/month, and a maximum monthly unemployment allowance of 23.4 million VND/month (higher than the current level of 1.3 million VND/month).

Region II, with a minimum salary of 4.16 million VND/month, the maximum unemployment benefit allowance to 20.8 million VND/month (an increase of 1.2 million VND/month compared to the current one).

And Region III, with a minimum salary of 3.64 million VND/month, the maximum unemployment benefit allowance to 18.2 million VND/month (increasing by 1.05 million VND/month compared to the current one).

Region IV, with a minimum salary of 3.25 million VND/month, the maximum unemployment benefit allowance to 16.25 million VND/month (an increase of 900 thousand VND/month compared to the current one).

Thus, if the employee has paid unemployment insurance premiums for 12 years or more when losing his/her job, the employee can receive unemployment benefit with the highest total amount as follows:

In addition

For those who pay Unemployment Insurance for 12 years or more, working for businesses in Region I, when losing their jobs, they can receive up to 12 months of unemployment benefits, equivalent to the total amount of unemployment benefits received as follows: 280.8 million VND (an increase of more than 15.6 million VND compared to the current level).

For those who have contributed to unemployment insurance for more than 12 years, after receiving the maximum number of months of benefits (12 months), the number of months paid but not yet enjoyed will continue to reserved and added to the payment when there is a payment. jobs to enjoy in the following unemployment (if any).

In addition to monthly unemployment benefits, unemployed people also entitled to a health insurance regime corresponding to the number of months receiving benefits.

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