Article 38 of the 2025 Employment Law stipulates the conditions for enjoying unemployment benefits 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 they meet the following conditions:
a) Terminating labor contracts, employment contracts or terminating employment according to the provisions of law that do not fall into one of the cases where employees unilaterally terminate labor contracts illegally according to the provisions of the Labor Code or employees retire when they are eligible for pension.
b) Have paid unemployment insurance for 12 months or more within 24 months before terminating labor contracts, employment contracts or terminating employment according to the provisions of law.
In case employees work under labor contracts with a term from 1 month to less than 12 months, they must pay 12 months or more within 36 months before terminating the labor contract.
c) Have submitted sufficient dossiers to receive unemployment benefits within 3 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 sufficient dossiers for unemployment benefits, if the employee does not belong to one of the cases of having jobs and is subject to compulsory social insurance according to the provisions of the Law on Social Insurance or performs military service, the obligation to participate in the People's Police, the standing militia or goes to study for a period of more than 12 months or complies with the decision to apply measures to be admitted to compulsory education institutions, compulsory drug rehabilitation facilities or temporarily detained, served a prison sentence or emigrated abroad to settle down or die.
2. The Government shall specify in detail this Article.
Thus, from January 1, 2026, if employees quit their jobs when they are eligible for pensions or employees unilaterally terminate labor contracts illegally, they are not entitled to unemployment benefits.
