The Law on Employment No. 74/2025/QH15 (the Law on Employment 2025) was passed by the National Assembly in June 2025 and officially took effect from January 1, 2026, adding many new points to support both businesses and workers in the face of force majeure fluctuations. However, along with the benefits are obligations that employees need to comply with, especially during the process of receiving unemployment benefits (TCTN).
Employees who are receiving TCTN are terminated due to personal needs or changes in working status, specifically as follows:
(1) Proposing to terminate the benefits.
(2) Having a job and being subject to compulsory social insurance according to regulations.
(3) Perform military service, participate in the People's Public Security, and the standing militia.
(4) Receive a monthly pension.
(5) Study for a period of over 12 months.
(6) Go abroad to settle down.
Employees who are receiving TCTN are terminated due to non-compliance with the provisions of the Law on Employment or violation of the law
(7) After 02 times of refusing to accept a job introduced by the Employment Service Center (where the employee is receiving unemployment benefits) without a legitimate reason.
8. Not implementing monthly job search notices as prescribed in Article 40 of the Law on Employment, for 03 consecutive months.
9. Was administratively sanctioned for violating the law on unemployment insurance.
(10) Comply with the decision to apply measures to include in compulsory education institutions and compulsory drug rehabilitation facilities
11. Detained and serving a prison sentence.
Employees who are receiving TCTN are terminated due to force majeure
(12) Died.
13. He was declared missing by the court.
Employees in the above cases (1), (2), (2), (5), (10), (4) and (3) are allowed to reserve the unemployment insurance payment period as a basis for calculating the period of TCTN payment for the next time. However, this only applies if the employee clearly informs about his/her condition. Otherwise, the reservation of unemployment insurance payment period will not be considered.
The Government will specify in detail the cases of unemployment insurance cancellation and the unemployment insurance payment period reserved when terminating the TCTN benefit.
