Unemployment insurance is an essential social security policy to support workers when they encounter difficulties in employment.
Article 31 of this Law is especially important, detailing the subjects that must participate in unemployment insurance, as well as exempted cases and the responsibilities of employers.
Subjects participating in unemployment insurance
Article 31 of the 2025 Law on Employment determines the scope of unemployment insurance that employees must participate in as follows:
Most people work under contracts: Including people with indefinite-term labor contracts and fixed-term labor contracts of 01 month or more.
In particular, the Law emphasizes that even if the contract has another name, if the content clearly shows that the work is paid, salaried and subject to management, operation and supervision by one party, it is still subject to unemployment insurance.
Part-time workers: These people must also participate in unemployment insurance if their monthly salary is equal to or higher than the lowest salary used as the basis for compulsory social insurance contributions according to the provisions of the Law on Social Insurance.
Workers under labor contracts: This is a common type of contract in public service units, and is also required to participate in unemployment insurance.
Salary-ily management positions: Including business managers, controllers, capital representatives of enterprises; as well as management positions elected by cooperatives and cooperative unions (such as members of the Board of Directors, General Directors, Directors, members of the Control Board) if they are paid.
Special note: If an employee is also a member of many different social insurance participants according to the above regulations, they and the employer are responsible for participating in social insurance along with participating in compulsory social insurance. This is to ensure comprehensiveness and not miss the target.
Cases exempted from participating in unemployment insurance
Although the regulation expands the scope, Article 31 of the 2025 Law on Employment also clearly identifies cases that are not eligible for unemployment insurance participation, including: Employees who are receiving pensions, social insurance benefits, or monthly allowances according to Government regulations, or are eligible for pensions. This avoids duplication of social security benefits; Employees working under probationary contracts; Employees being domestic helpers.
In addition, the responsibility for participating in unemployment insurance belongs not only to employees but also to organizations and individuals that employ workers. Article 31 specifically lists: State agencies, public service units; agencies, units, enterprises under the People's Army, People's Public Security and key organizations; political organizations, socio-political organizations, socio-professional organizations, other social organizations; foreign agencies, organizations, international organizations operating in Vietnam; enterprises, cooperatives, cooperative unions, business households and other organizations and individuals with labor leasing and employment according to regulations.
In particular, Article 31 also has a vision on expanding the number of participants in unemployment insurance in the future. Clause 4 stipulates: The National Assembly Standing Committee will decide on the participation in unemployment insurance for subjects other than the listed groups (but with stable and regular jobs and incomes), based on the Government's proposal in accordance with the socio-economic development conditions of each period.
It can be seen that the new regulations in Article 31 of the 2025 Law on Employment demonstrate Vietnam's efforts in perfecting social security policies, especially unemployment insurance. Clarifying types of labor contracts, including other "named" agreements, shows the will of lawmakers in avoiding legal loopholes, ensuring the rights of employees regardless of the form of contract.
Including part-time workers and salary management positions is also an important step forward, demonstrating the policy's adaptation to the diversity and changes of the labor market. This helps expand unemployment insurance coverage, bringing protection to more subjects.
