Cases of employees who are terminated from receiving unemployment benefits

Nam Dương |

Reader thanhchanxxx@gmail.com asked: In which cases are employees terminated from receiving unemployment benefits under the new regulations?

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 4, Article 41 of the 2025 Law on Employment (effective from January 1, 2026) stipulates: Employees receiving unemployment benefits will have their unemployment benefits terminated if they fall into one of the following cases:

a) Having an employment and being a subject of compulsory social insurance as prescribed in the Law on Social Insurance;

b) Performing military service, the obligation to participate in the People's Public Security, the standing militia;

c) Receive monthly pension;

d) After 02 times of refusal to accept a job introduced by a public employment service organization where the unemployment benefit is being received without a legitimate reason;

d) Failure to implement monthly job search notices as prescribed in Article 40 of this Law for 03 consecutive months;

e) Go abroad to settle;

g) Studying for a period of more than 12 months;

h) Being administratively sanctioned for violations of the law on unemployment insurance;

i) Death;

k) Comply with the decision to apply the measure of sending to compulsory educational institutions or compulsory drug rehabilitation institutions;

l) Declared missing by a court;

m) Temporarily detained; serving a prison sentence;

n) At the request of the employee.

Thus, from January 1, 2026, employees in the above cases will be terminated from receiving unemployment benefits.

Legal advice

Call the legal advice hotline: 0979310518; 0961360559 to receive a quick, timely response or email us: tuvanphapluat@laodong.com.vn for a response.

Nam Dương
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