Article 38 of the 2025 Law on Employment (effective from January 1, 2026) stipulates as follows:
Conditions for enjoyment
1. Employees specified in Clause 1, Article 31 of this Law who are paying unemployment insurance are entitled to unemployment benefits when meeting the following conditions:
a) Resignation of labor contract, employment contract or termination of employment according to the provisions of law without falling into one of the cases where the employee unilaterally terminates the labor contract illegally according to the provisions of the Labor Code or the employee quits work when eligible for pension.
b) Having paid unemployment insurance for 12 months or more within 24 months before the termination of the labor contract, employment contract or termination of employment as prescribed by law.
In case the employee works under a labor contract with a term of 1 month to less than 12 months, he/she must pay for 12 months or more within 36 months before terminating the labor contract.
c) Having submitted a complete application for unemployment benefits within 03 months from the date of termination of the labor contract, employment contract or termination of employment.
d) Within 10 working days from the date of submitting a complete application for unemployment benefits, employees who are not employed and are subject to compulsory social insurance as prescribed in the Law on Social Insurance or perform military service, military service, membership in the People's Public Security, regular militia or study for more than 12 months or comply with the decision to apply the measure of being sent to compulsory education institutions, compulsory drug rehabilitation facilities or being detained, serving a prison sentence or settling abroad or dying.
2. The Government shall detail this Article.
Thus, employees who pay unemployment insurance are entitled to unemployment benefits in cases where they have paid unemployment insurance for at least 12 months within 24 months before the termination of the labor contract, employment contract or termination of employment according to the provisions of law.
In case the employee works under a labor contract with a term of 1 month to less than 12 months, he/she must pay for 12 months or more within 36 months before terminating the labor contract.
Based on the number of months of payment, it is not enough to receive unemployment benefits, and employees must also meet the conditions in Clause 1, Article 38 of the 2025 Law on Employment.
