Conditions to claim unemployment benefit in Vietnam (2026 update)

Unemployment benefit is one of the 4 benefits that employees receive when participating in and contributing to the unemployment insurance (UI) fund. This is an allowance deducted from the UI fund to pay employees who lose their jobs, based on their previous UI contribution period. On June 16, 2025, the National Assembly passed the Employment Law 2025, replacing the Employment Law 2013, which includes some new regulations on conditions to claim unemployment benefits from January 1, 2026. Below, Viet An Law will analyze and clarify this notable new regulation.

Unemployment insurance regimes from January 1, 2026

According to Article 30 of the Employment Law 2025, from January 1, 2026, unemployment insurance regimes include:

• Job consulting and introduction;
• Supporting employees to participate in training and improve occupational skill levels;
• Unemployment allowance;
• Supporting employers in training, fostering, and improving occupational skill levels to maintain employment for employees.

The contribution rates and responsibilities for unemployment insurance are regulated as follows:

• Employees: contribute a maximum of 1% of their monthly salary;
• Employers: contribute a maximum of 1% of the monthly salary fund of employees who are participating in unemployment insurance;
• The State: supports a maximum of 1% of the monthly salary fund for unemployment insurance contributions of employees who are participating in unemployment insurance, which is guaranteed by the central budget.

Conditions to claim unemployment benefit in Vietnam (2026 Update)

According to Article 38 of the Employment Law 2025, from January 1, 2026, employees subject to UI participation and currently contributing to UI will receive unemployment benefits when fully meeting the following conditions:

Conditions to claim unemployment benefit in Vietnam (2026 Update)

Termination of the labor contract

Terminating the labor contract, working contract, or terminating work according to the provisions of law, excluding the following cases:

• Employees unilaterally terminate the labor contract illegally: According to Article 39 of the Labor Code 2019, an employee unilaterally terminating the labor contract illegally is a case of terminating the labor contract not in accordance with the provisions of Article 35 of the Labor Code 2019.
• Employees quit working when eligible for a pension: According to Article 64 of the Social Insurance Law 2024, the condition for enjoying a pension for employees working under normal conditions is reaching the retirement age prescribed in Clause 2, Article 169 of the Labor Code and having at least 15 years of social insurance contributions.

Thus, while the old regulation in Article 49 of the Employment Law 2013 stated that cases receiving a monthly loss of working capacity allowance would not be entitled to unemployment benefits, the new regulation has removed this provision.

Unemployment insurance contribution period

Employees must have paid unemployment insurance for at least 12 months or more within 24 months before terminating the labor contract, working contract, or terminating work according to the law. For employees working under definite-term labor contracts from 01 month to under 12 months, they must have paid for at least 12 months within 36 months before terminating the labor contract. According to the new regulation, definite-term labor contracts of 1 month or more are also subject to UI participation. Therefore, the law has also supplemented the UI contribution period for labor contracts of 1 month or more to be eligible for UI.

Dossier for claiming unemployment insurance

Having submitted a full dossier for claiming unemployment benefits within 03 months from the date of termination of the labor contract, working contract, or termination of work. Thus, compared to Clause 3, Article 49 of the Employment Law 2013, the new regulation on conditions for claiming unemployment benefits from January 1, 2026, not only requires submitting a dossier to claim unemployment benefits but also requires the submission deadline to be “within 03 months from the date of terminating the labor contract, working contract, or terminating work”. Regarding the dossier for claiming unemployment benefits, currently, there are no specific guiding regulations for the Employment Law 2025, so it is still carried out according to the provisions in Article 16 of Decree 28/2015/ND-CP (amended and supplemented by Clause 6, Article 1 of Decree 61/2020/ND-CP), including:

• Application for claiming unemployment benefits : Application for claiming unemployment benefits according to Form No. 03 issued with Circular 15/2023/TT-BLDTBXH prescribed by the Minister of Labor, Invalids and Social Affairs.
• The original, certified copy, or a copy enclosed with the original for comparison of one of the following documents confirming the termination of the labor contract or working contract:
  • Expired labor contract or working contract or completed work under the labor contract.
  • Resignation decision.
  • Dismissal decision.
  • Disciplinary decision for forced resignation.
  • Notice or agreement terminating the labor contract or working contract.
  • Confirmation of the employer containing specific content about the employee’s information ; type of signed labor contract; reason and time of labor contract termination for the employee.
  • Confirmation from the competent state agency regarding the dissolution or bankruptcy of the enterprise or cooperative, or the decision on dismissal, release from duty, or removal from office for appointed positions in cases where the employee is a manager of an enterprise or cooperative.
• Social insurance book.

Not yet finding a job

Within 10 working days from the date of submitting a full dossier for unemployment benefits, the employee does not fall into one of the cases of having a job ; belonging to the subjects participating in compulsory social insurance as prescribed by the Law on Social Insurance, or performing military service, serving in the People’s Public Security, permanent militia, or studying for a term of over 12 months, or serving a decision on applying the measure of sending to a compulsory educational institution, compulsory detoxification center, or being temporarily detained, serving a prison sentence, or settling abroad, or dying. Thus, if Clause 4, Article 49 of the Employment Law 2013 stipulated the deadline for not having found a job from the date of filing the dossier as “after 15 days”, the new regulation in the Employment Law has shortened the period to “within 10 working days from the date of submitting a full dossier for unemployment benefits”.

Benefit level, duration, and time of receiving unemployment benefits from January 1, 2026

According to Article 39 of the Employment Law 2025, it is stipulated as follows:

Benefit level

The monthly unemployment benefit level is equal to 60% of the average monthly salary on which unemployment insurance premiums are based for the most recent 06 months of paying unemployment insurance before terminating the labor contract, working contract, or terminating work. However, the maximum is not more than 05 times the regional minimum wage announced by the Government applicable at the last month of paying unemployment insurance.

Duration of enjoyment

The duration of receiving unemployment benefits is calculated based on the number of months of paying unemployment insurance. For every 12 to 36 months of full payment, 03 months of unemployment benefit will be granted. After that, for every additional 12 months of full payment, an additional 01 month of unemployment benefit will be granted, but the maximum duration for receiving unemployment benefits is 12 months.

Time of enjoyment

The time to start receiving unemployment benefits is the 11th working day from the date of submitting a full dossier for claiming unemployment benefits.

Subjects required to participate in unemployment insurance to receive unemployment benefits from January 1, 2026

According to Article 31 of the Employment Law 2025, employees subject to unemployment insurance participation include:

• Persons working under indefinite-term labor contracts, definite-term labor contracts from 01 month or more, including cases where the employee and the employer agree on another name but the content reflects employment with remuneration, salary, and the management, administration, and supervision of one party;
• Part-time employees with a monthly salary equal to or higher than the lowest salary used as the basis for compulsory social insurance contributions according to the Social Insurance Law;
• Persons working under working contracts;
• Enterprise managers, controllers, representatives of the enterprise’s capital portion according to the provisions of the law ; members of the Board of Directors, General Director, Director, members of the Supervisory Board or controllers, and other elected management positions of cooperatives and unions of cooperatives according to the Law on Cooperatives who receive a salary.

Thus, taking effect from January 1, 2026, part-time employees will be required to participate in unemployment insurance if they have a labor contract of 1 month or more and a salary equal to or higher than the base salary.

Above is the update on the Conditions to Claim Unemployment Benefit in Vietnam (2026 Update). If customers have related questions or need legal advice on unemployment insurance and social insurance, please contact Viet An Law for the best advice and support!