The level of enjoyment, time of enjoyment, time of enjoyment and dossiers, order, and procedures for enjoying unemployment benefits (TCTN) are detailed by the National Assembly in the 2025 Employment Law, effective from January 1, 2026.
Employees currently enjoying unemployment benefits are terminated from unemployment benefits when they fall into one of the following 13 cases:
Having jobs and being subjects participating in compulsory social insurance (SI) according to the provisions of the Law on SI; performing military duties, duties to participate in the People's Police, standing militia;
Receiving a monthly pension; after 2 times refusing to receive a job introduced by a public employment service organization where TCTN is enjoying without a legitimate reason; not implementing a monthly job search notice as prescribed in Article 40 of this Law for 3 consecutive months; going abroad to settle down; going to study for a period of more than 12 months; being administratively sanctioned for violating the law on unemployment insurance (UI); death;
Complying with the decision to apply measures to enroll in compulsory education institutions, compulsory drug rehabilitation facilities; being declared missing by the court; being temporarily detained; serving a prison sentence; at the request of the employee.
Article 38 stipulates that employees who are paying UI are entitled to UI when they meet 4 conditions. First of all, employees must terminate labor contracts and working contracts in accordance with regulations. In case of unilaterally terminating contracts illegally or resigning when they have met the conditions for pension benefits, they will not be entitled to UI.
The second condition is that you have paid unemployment insurance for 12 months or more within 24 months before resigning. For employees working under contracts for less than 12 months, the consideration period is 36 months before the termination of the contract, but you still have to pay a minimum of 12 months.
In addition, employees must submit sufficient applications for UI benefits within 3 months from the date of dismissal. After submitting the application, if within 10 working days, employees do not fall into 7 excluded cases such as having jobs, military service, going to school for more than 12 months, being temporarily detained, going abroad to settle down... then they will be resolved to enjoy benefits.
Article 39 stipulates that the monthly UI benefit level is equal to 60% of the average monthly salary for UI contributions of the last 6 months of UI contributions before the termination of labor contracts, labor contracts or termination of work, but not exceeding 5 times the regional minimum monthly salary announced by the Government applied in the last month of UI contribution.
The time to enjoy unemployment benefits is calculated according to the number of months of unemployment insurance contributions, for every 12 months to 36 months of contributions, 3 months of unemployment benefits are enjoyed, then, for every 12 months of additional contributions, 1 month of unemployment benefits are enjoyed, but the unemployment benefit period is a maximum of 12 months.
The time to enjoy unemployment benefits is the 11th working day from the date of submitting sufficient applications for unemployment benefits. Employees who are enjoying unemployment benefits are entitled to health insurance benefits according to the provisions of the law on health insurance, including the time of temporary suspension of unemployment benefits as prescribed in Clause 2, Article 41 of this Law.
People who are receiving UI are paid health insurance by the Social Insurance agency from the UI Fund.
