Lawyer Nguyen Ngoc Linh - Lawyer of Quoc Thai Law Office, Hanoi Bar Association - advised as follows:
According to Article 38 of the 2025 Law on Employment, to receive unemployment benefits, employees must fully meet the following conditions:
Cancel a labor contract or work contract or terminate work according to the provisions of law without falling into one of the cases where an employee unilaterally terminates a labor contract illegally according to the provisions of the Labor Code or the employee quits work when eligible for pension.
Unemployment insurance (UI): Having paid UBF for 12 months or more within 24 months before the termination of the labor contract. For those working under labor contracts with a term of 01 month to less than 12 months, the period of paying unemployment insurance must be 12 months or more within 36 months before the contract is terminated.
Submit documents on time: Employees must submit complete documents to receive unemployment benefits within 3 months from the date of termination of the labor contract or termination of employment.
Within 10 working days from the date of submission of the application, employees are not allowed to fall into one of the following cases: Having a new job and participating in compulsory social insurance; Performing military service, active duty to join the People's Public Security, militia; studying for a period of more than 12 months; Complying with the decision to apply the measure of being sent to compulsory education institutions, compulsory drug rehabilitation facilities; Being detained, serving prison sentences; Going abroad to settle or die.
After meeting the conditions in Article 38, employees will enjoy the following benefits:
Monthly benefit level: Monthly unemployment benefit level is equal to 60% of the average monthly salary for unemployment insurance contributions of the last 6 months before the contract termination. However, the maximum benefit level does not exceed 5 times the regional minimum wage announced by the Government in the last month of paying unemployment insurance.
Benefit period: If you pay for 12 months to 36 months, you will receive 3 months of unemployment benefits. After that, for every additional 12 months of payment, they will receive an additional month of unemployment benefits. The total maximum period of unemployment benefits is 12 months.
Time of receipt: The time of receiving unemployment benefits is the 11th working day from the date of submitting a complete application for unemployment benefits.
In addition, employees who are receiving unemployment benefits will continue to receive health insurance. The social insurance agency will be responsible for paying health insurance for them from the Unemployment Insurance Fund, including the period of suspension of benefits.
The 2025 Law on Employment takes effect from January 1, 2026.
