Guidelines on reserving the unemployment insurance participation period for employees participating for more than 144 months (over 12 years)

05/11/2023 08:27 AM


Vietnam Social Security (VSS) recently issued Official Letter No. 3731/BHXH-CSXH on November 8, 2023, requesting provincial and centrally governed city Social Security Offices to implement Official Letter No. 4379/LĐTBXH-VL issued by the Ministry of Labor, Invalids, and Social Affairs, providing guidelines on reserving the unemployment insurance participation period for employees who have contributed for more than 144 months.

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The document from the VSS clearly states the basis of Official Letter No. 4379/LĐTBXH-VL dated October 17, 2023, issued by the Ministry of Labor, Invalids and Social Affairs regarding the reservation of unemployment insurance participation period for employees who have contributed for more than 144 months. VSS requests the Social Security of provinces and cities to implement the following:

Firstly, reviewing and cutting off the unemployment insurance participation period for over 144 months that has been reserved in the software system (TST) from January 1, 2021 until now for cases with unemployment insurance participation period of over 144 months, and have been resolved to receive unemployment benefits for a maximum of 12 months according to the guidelines in Official Letter No. 4379/LĐTBXH-VL. The results are completed and reported to VSS before December 31, 2023. In cases employees have received a decision on unemployment benefits and subsequently has a decision to cancel the receipt of unemployment benefits because the employee did not come to receive the decision (as regulated at Clause 3, Article 18 of Decree No. 28/2015/NĐ-CP dated March 12, 2015, amended and supplemented in Clause 8, Article 1 of Decree No. 61/2020/NĐ-CP dated on May 29, 2020, of the Government), reserving the unemployment insurance participation period not yet enjoyed, including the period over144 months, if any, shall be reserved.

Secondly, when confirming the unemployment insurance participation period for employees who resign, renew the social insurance book or an independent page: Check the number of times, the duration of receiving unemployment benefits, and the period of reserved unemployment insurance participation after the employee receives unemployment benefits to cut off the participation period that has received unemployment benefits, as well as the participation period over 144 months as per regulations.

Thirdly, when receiving decisions from the Employment Service Centers:

Check the reserved period of unemployment insurance participation stated on the decision regarding the entitlement or termination of unemployment benefits for cases with over 144 month participation. In cases the reserved period of unemployment insurance participation isn’t align with the guidelines at Official Letter No. 4379/LĐTBXH-VL, proceed as follows: Implement payment procedures according to Vietnam Social Security's regulations under Decision No. 166/QĐ-BHXH dated January 31, 2019; The reservation of the unemployment insurance participation period for these cases should be carried out in accordance with the instructions in Official Letter No. 4379/LĐTBXH-VL. Simultaneously, a written request is submited to the Department of Labor - Invalids, and Social Affairs to issue a decision adjusting the reserved unemployment insurance participation period preservation.

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Additionally, the number of times, duration of receiving unemployment benefits, and the period of reserved unemployment insurance participation upon the termination of the previous unemployment benefits are verified. In case the reserved period of unemployment insurance premiums payment is not accurate according to the guidelines of Official Letter No. 4379/LĐTBXH-VL, reconfirming the period of unemployment insurance participation duration not yet utilized in the social insurance book and send a written request to the Department of Labor - Invalids and Social Affairs to propose an adjustment on the decision on unemployment benefit entitlement for the employees. Based on the adjustment decision of the Department of Labor - Invalids and Social Affairs to pay unemployment benefits for the employees.

VSS