Decree No. 374/2025/ND-CP detailing a number of articles of the Employment Law on unemployment insurance takes effect from January 1, 2026.
One of the notable points of this Decree is Article 19 on termination of unemployment benefits.
Accordingly, cases where workers who are receiving unemployment benefits are terminated from receiving unemployment benefits are regulated as follows:
Having jobs and being subject to compulsory social insurance according to the provisions of the Law on Social Insurance.
Performing military service, participating in the People's Police, and standing militia: The day the worker is determined to perform military service, participate in the People's Police, and standing militia is the day the worker enlists.
Monthly pension benefit: The date on which the employee is determined to receive a pension is the first day of calculating pension benefits recorded in the document of the social insurance agency on the employee's monthly pension benefit.
After 2 times of workers refusing jobs introduced by the public employment service organization where they are receiving unemployment benefits without a legitimate reason
Employees who are receiving unemployment benefits refuse to work in one of the following cases, which are determined to have no legitimate reason: Employees who are introduced to jobs by public employment services organizations that are suitable for the industry, profession, level of training, or job that the employee used to do recorded in the job counseling and introduction form but do not come to participate in labor recruitment; employees who have participated in labor recruitment according to the introduction of the public employment service organization where they are receiving unemployment benefits and are recruited by employers but do not accept the job have been recruited, except in cases where that job is not in accordance with the employer's labor recruitment notice.
The date on which the employee is determined to be terminated from receiving unemployment benefits is the date of the 2nd time the employee falls into one of the above cases.
During the period of receiving unemployment benefits, 03 consecutive months without making monthly notices about job searches to public employment services organizations according to regulations: The date on which the employee is determined to be terminated from receiving unemployment benefits is the end date of the job search notice period of the 3rd consecutive month that the employee did not make monthly notices about job searches.
Going abroad for settlement: The date on which a worker is determined to go abroad for settlement is the date the worker exits the country according to the provisions of law on entry and exit.
Studying for a term of more than 12 months: The date on which the employee is determined to study for a term of more than 12 months is the enrollment date recorded in the enrollment notice.
Being administratively sanctioned for violating the unemployment insurance law
The date on which the employee is determined to be administratively sanctioned as mentioned above is the date the employee is sanctioned according to the decision of the competent authority.
The date determining the worker's death is the date recorded in the death certificate.
Compliance with the decision to apply the measure of admission to reformatories, compulsory education institutions, and compulsory detoxification facilities: The date on which the employee is determined to comply with the decision to apply the measure of admission to reformatories, compulsory education institutions, and compulsory detoxification facilities is the date of commencement of administrative handling measures recorded in the decision of the competent authority.
Declared missing by the court: The date of the worker's disappearance is determined in the court's decision.
Being temporarily detained, serving a prison sentence: The date on which the worker is determined to be temporarily detained, serving a prison sentence is the date of commencement of the implementation of the decision on temporary detention, serving a prison sentence of the competent authority.
According to the employee's request: The day the employee is terminated from receiving unemployment benefits is the day the employee requests the public employment service organization.
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