Unemployment insurance is an important scheme that helps share the financial burden for employees while they are looking for new jobs. So, what are the conditions for receiving, the benefit levels (how to calculate), and the application dossier for unemployment benefits? Let’s find out with VN Law Firm in the following article.
1. Conditions for receiving unemployment benefits
According to Article 38 of the Law on Employment of Vietnam 2025, employees are entitled to unemployment benefits when they meet all of the following conditions:
1.1. Termination of labor contract or working contract
Termination of labor contract, working contract, or termination of work as prescribed by law, provided that it is not one of the following cases:
– Cases where the employee unilaterally terminates the labor contract unlawfully according to the provisions of the Labor Code;
– Cases where the employee resigns when eligible for retirement pension.
1.2. Having paid unemployment insurance for the prescribed period
Having paid unemployment insurance for at least 12 months within 24 months prior to the termination of the labor contract, working contract, or termination of work as prescribed by law.
In cases where the employee works under a labor contract with a term of 01 month to less than 12 months, they must have paid for at least 12 months within 36 months prior to the termination of the labor contract.
1.3. Having submitted the unemployment benefit application dossier to the employment service center
Having submitted a complete unemployment benefit application dossier within 03 months from the date of termination of the labor contract, working contract, or termination of work.
1.4. Not yet employed
Within 10 working days from the date of submitting a complete unemployment benefit application dossier, the employee must not fall into one of the following cases: being employed and subject to compulsory social insurance as prescribed by the Social Insurance Law, or performing military service, public security service, permanent militia service, or studying for a period exceeding 12 months, or complying with a decision to be sent to a compulsory education facility, compulsory drug rehabilitation facility, or being temporarily detained, serving a prison sentence, or settling abroad, or deceased.
2. Benefit levels, duration, and timing of unemployment benefits
2.1. Unemployment benefit levels
| Monthly unemployment benefit level | = | Average salary of the 06 consecutive months of unemployment insurance contributions before unemployment | x | 60% |
Note:
– In cases where, during the last months before unemployment, the employee had a period of interrupted unemployment insurance contributions, the 06 consecutive months used to calculate the unemployment benefit level will be the average salary of the 06 months of unemployment insurance contributions before the employee terminated the labor contract, working contract, or terminated work as prescribed by law.
– The monthly unemployment benefit level for an employee shall not exceed 05 times the regional minimum wage for which unemployment insurance was paid according to the provisions of the Labor Code at the time of labor contract termination.
See also: What is the regional minimum wage? Latest regional minimum wage
2.2. Duration of unemployment benefits
The duration of unemployment benefits is calculated based on the number of months of unemployment insurance contributions: for every 12 months to 36 months of contributions, the employee receives 03 months of unemployment benefits; thereafter, for every additional 12 months of contributions, the employee receives an additional 01 month of unemployment benefits, but the maximum duration of unemployment benefits is 12 months.
The month of unemployment benefits is calculated according to the calendar month. Each month of unemployment benefits is calculated from the day the employee starts receiving unemployment benefits until the same day of the following month minus 01 day; if the following month does not have a corresponding day, the end date of the unemployment benefit month is the last day of that month.
2.3. Timing of unemployment benefits
The timing of unemployment benefits is the 11th working day from the date of submitting a complete unemployment benefit application dossier.
Example: Mr. Nguyen Van A contributed to unemployment insurance for 50 months with an average salary of 5,000,000 VND for the last 6 months.
Mr. A’s unemployment benefit duration:
+ First 36 months of UI => receives 3 months of benefits
+ Next 12 months of UI => receives an additional 1 month of benefits
+ Remaining 2 months of UI => accumulated for the next UI benefit claim.
Mr. A’s monthly unemployment benefit level is: 5,000,000 VND x 60% = 3,000,000 VND
3. Dossier and procedures for unemployment benefits
3.1. Unemployment benefit application dossier
According to Clause 1, Article 14 of Decree 374/2025/ND-CP, the application dossier for unemployment benefits includes:
– Application Form for Unemployment Benefits according to Form No. 10 issued with Decree 374/2025/ND-CP;
– Original or certified copy or original accompanied by a copy for comparison or electronic version of one of the following documents confirming the termination of the labor contract/working contract or termination of work:
- Labor contract or working contract that has expired or work has been completed according to the labor contract;
- Decision on resignation; decision on dismissal;
- Decision on disciplinary dismissal;
- Notice or agreement on termination of labor contract or working contract;
- Confirmation from the employer specifying information about the employee; type of labor contract signed; reason and time of termination of the labor contract for the employee;
- Confirmation from a competent state agency regarding the dissolution or bankruptcy of an enterprise or cooperative, or a decision to remove, dismiss, or demote appointed positions in cases where the employee is an enterprise manager or cooperative manager
– Social insurance book
3.2. Where to submit the unemployment benefit application dossier?
Within 03 months from the date of termination of the labor contract or working contract or termination of work, or from the date of confirmation by a competent authority for employers unable to pay unemployment insurance, unemployed employees who wish to receive unemployment benefits must submit 01 set of application documents for unemployment benefits directly or via the National Public Service Portal to the public employment service organization in the locality where the employee wishes to receive unemployment benefits.
In cases where the employee submits the dossier via the National Public Service Portal: the dossier shall be a scanned copy of the original or a scanned copy of a certified copy or an electronic version of one of the documents confirming the termination of the labor contract or working contract.
Note: Employees may authorize another person to submit the dossier or send the dossier via postal service if they fall into one of the following cases: illness, maternity with confirmation from a competent medical facility; accident with confirmation from traffic police or a competent medical facility; fire, flood, earthquake, tsunami, enemy attack, epidemic with confirmation from the Chairman of the Commune People’s Committee.
4. Some notes during the period an employee receives unemployment benefits
During the period of receiving unemployment benefits, the employee must monthly notify the public employment service organization where they are receiving benefits about their job search, either directly or via the National Public Service Portal, according to Form No. 24 issued with Decree 374/2025/ND-CP.
The date on which the employee must monthly notify about their job search is specified in the appendix of the employee’s unemployment benefit decision as follows:
– The monthly job search notification date for the first month of unemployment benefits falls within the 03 working days when the employee receives the result of the unemployment benefit resolution;
– From the second month of unemployment benefits onwards, the monthly job search notification date falls within the 03 working days from the first day of the unemployment benefit month.
In cases where the job search notification period falls within a time when the employee is affected by fire, flood, earthquake, tsunami, enemy attack, or epidemic and cannot notify about their job search, the public employment service organization shall consider and submit to the Director of the Department of Home Affairs for a decision on adjusting the monthly job search notification date to ensure the employee’s rights.
If the employee’s job search notification date falls within the period of transferring the unemployment benefit location, the employee shall monthly notify about their job search to the public employment service organization at the new location.
