In addition to understanding the procedure on applying for unemployment benefits, we also need to understand the legal provisions on conditions to receive unemployment benefits, as well as the levels and duration of unemployment benefits.

About the procedure on applying for unemployment benefits, you can refer to this article: "Guidance: Procedure on quickly submitting for unemployment benefits".

In addition, you can refer to the following related articles:

• Can I receive unemployment benefits if I get fired or laid off?
• If I do not submit for unemployment benefit receipt within 3 months, will I lose it?
• Is it possible to authorize another person to submit for unemployment benefits?
• During the probationary period, can I receive unemployment benefits?

Conditions of unemployment benefit receipt

According to Article 49 Employment Law 2013, to receive unemployment benefits, you need to meet the following conditions:

Condition 1: Not in the following case of not allowed to receive unemployment benefits:

• Unilaterally terminate the labor contract or working contract in contravention of law;
• Be receiving monthly pension or working capacity loss allowance.

Condition 2: Having paid unemployment insurance premiums for at least full 12 months.

Condition 3: Having submitted a dossier for receipt of unemployment benefits and not yet found any job after 15 days from the date of submission. You can refer to the following article: “Guidance: Procedure on quickly submitting for unemployment benefits”.

Levels of unemployment benefit receipt

According to Article 50 Employment Law 2013, the monthly unemployment benefit level equals 60% of the average monthly wage of 6 consecutive months before the worker becomes unemployed. However, there are maximum thresholds:

• Employees receiving wages under the State-prescribed regime: not exceed 5 times the basic wage level,
• Employees working under labor contracts or working contracts: not exceed 5 times the region-based minimum wage level.

For ease of understanding, you can see the following example:

• The average monthly wage of 6 consecutive months is: 40.000.000đ.
• Thus, 60% of the average 6-month wage is: 24.000.000đ.
• However, the region-based minimum wage level in HCM City in 2020 is 4.420.000đ/month, so 5 times the region-based minimum wage level is 22.100.000đ.
• Therefore, the monthly unemployment benefit receipt level is 22.100.000đ.

Duration of unemployment benefit receipt

According to Article 50 Employment Law 2013, the duration of unemployment benefit receipt is calculated as follows:

• Receive 3 months if the period of payment of unemployment insurance premiums is between full 12 months and full 36 months,
• Receive 1 month for each additional period of payment of full 12 months after full 36 months payment of unemployment insurance premiums,
• But not exceed 12 months of unemployment benefits.

Please refer to the following example:

• Case 1: You have paid unemployment insurance premiums for 9 years and 3 months. Thus, you will receive 9 months of unemployment benefit. Separate 3 months will be added to the next unemployment insurance benefits.
• Case 2: You have paid unemployment insurance premiums for 2 years and 3 months. In this case, you will receive 3 months of unemployment benefit.