According to Article 8 of Decree 374/2025/ND-CP, employees are entitled to preserve the unemployment insurance contribution period in the following cases:
Having received unemployment benefits, but the unpaid unemployment insurance contribution period has not been resolved, provided that the total contribution period is over 36 months to 144 months; this unresolved benefit period is preserved to be calculated for the next benefit. In case it has been paid for over 144 months, the unresolved benefit period is not preserved.
The decision to receive unemployment benefits is cancelled; at that time, the entire period of unemployment insurance contribution has not been preserved.
Being entitled to unemployment benefits but being terminated is subject to cases where the law allows preservation; the unentitled period continues to be preserved.
Not coming to receive unemployment benefits after 3 months from the date of expiration of the benefit period, if there is no written notice; the number of months corresponding to the period of not receiving money is preserved.
Being certified by the social insurance agency to supplement the unemployment insurance contribution period after the termination of benefits; The Decree stipulates a specific calculation method to determine the number of months preserved, especially in cases where the last benefit has a contribution period of less than 36 months.
In addition, the Decree affirms the general principle: Each month that has received unemployment benefits corresponds to 12 months of unemployment insurance contributions; this time will be deducted when determining the remaining part to be preserved.
Previously, Decree 28/2015/ND-CP did not set a maximum limit on the time to be preserved, did not fully list each specific situation and did not have a calculation formula in case of additional payment time arising. From 01.01.2026, the new regulation has standardized all cases preserved, supplemented the 144-month mark, clarified each situation and calculation method.
