On the Ministry of Finance Information Portal, reader L.T.X. M reflected that the reader received unemployment benefits according to the decision from July 30 to December 29.
By December 10, the reader had a new job and was terminated from receiving unemployment benefits. According to regulations, she is still entitled to unemployment benefits for the entire month she is receiving.
From December 10th, she started working at the new company, working continuously until the end of the month and not taking leave for more than 14 days. However, the business said it could not pay social insurance for her because the social insurance agency informed that she would still receive unemployment benefits this month, so she was not eligible for social insurance participation.
According to the reflection, the business instructed her to contact the Employment Service Center to return the last month's unemployment benefits (from November 30 to December 29), then she could participate in December social insurance. However, the Employment Service Center replied that she was entitled to benefits in accordance with regulations, so she did not carry out the return.
Ms. M said that according to Clause 4, Article 19 of Decree 374/2025/ND-CP, employees who are receiving unemployment benefits and whose unemployment benefits are terminated on the days of the month they are receiving are still entitled to unemployment benefits for the entire month.
At the same time, according to Clause 5, Article 32 of the Law on Social Insurance, subjects eligible for social insurance participation who do not receive salary for 14 working days or more in a month are not required to pay social insurance for that month?
Meanwhile, she has been working since December 10, working continuously and not taking leave for more than 14 days in a month, so she wonders why she is not allowed to participate in social insurance in December.
Answering this content, Vietnam Social Security said that, based on the 2024 Law on Social Insurance, the Law on Employment and guiding documents for implementation, in case readers start working from December 10, work continuously until the end of the month and receive salary, they are subject to compulsory social insurance, health insurance, unemployment insurance and occupational accident and disease insurance from December 2025.
To ensure the rights of employees, the social insurance agency will coordinate with the employer to review dossiers and guide units to supplement (if any) to implement the retroactive payment of social insurance, health insurance, unemployment insurance and occupational accident and disease insurance for December 2025 for readers in accordance with the law.
