A reader with email nguyenhungtrx @ xxx would like to ask: My child is receiving unemployment benefits until the second month, he will be arrested. If my child is in detention, will my child continue receiving unemployment benefits?

Lawyer Pham Thi Hang, YouMe Law Firm answers:

Clauses 3 and 4, Article 53 of the 2013 Law on Employment provide for suspension, resumption and termination of unemployment benefits as follows:

3. A person on unemployment allowance will stop receiving it in the following cases:

A/ The duration of unemployment allowance receipt expires;

B/ He/she has found a job;

C/ He/she performs the military or public security service obligation;

D/ He/she receives monthly pension;

dd/ He/she has twice refused without a plausible reason to take up the job recommended by the employment service center of the locality where he/she currently receives unemployment allowance;

e/ He/she fails to monthly notify his/her job seeking under Article 52 of this Law for 3 consecutive months;

g/ He/she goes abroad for settlement or as guest worker;

h/ He/she attends a training course of full 12 months or longer;

i/ He/she is administratively sanctioned for violations of the law on unemployment insurance;

k/ He/she dies;

l/ He/she serves a decision on application of the measure to send him/her to a reformatory, compulsory education institution or compulsory detoxification establishment;

m/ He/she is declared by a court as missing;

n/ He/she is kept in temporary detention or serves a prison sentence.

4. Workers who stop receiving unemployment allowance in the cases specified at Points b, c, h, l, m and n, Clause 3 of this Article may have the period of payment of unemployment insurance premiums reserved for calculating the subsequent duration of receipt of unemployment allowance when they fully satisfy the conditions specified in Article 49 of this Law.

That way, your child will be terminated from receiving unemployment benefits while in detention. Unemployment insurance premium will be reserved as a basis for calculating the time to receive unemployment benefits for the next time when eligible.