Losing a job is hard enough — but many workers also lose their unemployment insurance benefits simply because they did not know they qualified, or filed late. From 01/01/2026, the Law on Employment 2025 (No. 74/2025/QH15) officially replaces the 2013 Law on Employment, with major changes to eligibility conditions, maximum benefit levels, and covered participants.
1. The most important changes from 01/01/2026
The Law on Employment 2025 (passed 16/6/2025) takes effect 01/01/2026 and fully replaces the 2013 Law. Three changes hit workers’ wallets directly:
- Unified maximum benefit: capped at 05 times the regional monthly minimum wage — applied to everyone, ending the split between the public sector (previously 5 times the base salary) and the private sector;
- Expanded coverage: labour contracts of 01 month or more (previously 03 months), part-time workers, salaried enterprise managers;
- Shorter waiting period: 10 working days from complete filing (previously 15 days).
2. Four eligibility conditions (Article 38)
Condition 1 — Lawful termination: termination of the labour contract, working contract, or employment in accordance with the law; excluding unlawful unilateral termination by the worker or retirement-eligible resignation.
Condition 2 — Sufficient contributions: at least 12 months of UI contributions within the 24 months before termination. For labour contracts of 01 month to under 12 months: at least 12 months of contributions within the 36 months before termination.
Condition 3 — Timely filing: complete benefit application filed at an employment service center within 03 months of termination. Missing the 3-month window means losing this round of benefits.
Condition 4 — Still jobless: within 10 working days of complete filing, the worker must not fall into excluded cases: re-employed with compulsory SI, military service, study over 12 months, detention/imprisonment, emigration.
3. Benefit levels and the 2026 maximum (Article 39)
Monthly unemployment benefit = 60% of the average monthly UI-contribution salary of the 6 most recent months before termination, capped at 05 times the regional monthly minimum wage applicable in the last contribution month.
Example: 6-month average UI salary of VND 10 million/month gives a benefit of VND 6 million/month, provided it does not exceed 5 times the regional minimum wage.
Benefit duration: 12–36 contribution months gives 03 months of benefits; each additional 12 months adds 01 month; maximum 12 months. Benefits start on the 11th working day after complete filing. During the benefit period, the worker receives health insurance paid from the UI Fund.
4. Mistakes that cost you the benefit
- Filing more than 03 months after leaving — the most common mistake;
- Unlawfully terminating your own contract, then claiming benefits;
- Not knowing that 01-month contracts have been covered since 2026 — missing contribution time;
- Hiding new employment to keep receiving benefits — subject to recovery and penalties.
5. Frequently asked questions
Q: I quit in November 2025 but file in February 2026 — which law applies?
A: The filing date (02/2026) falls under the Law on Employment 2025 — but the 03-month filing deadline from termination must still be met.
Q: What if I find a new job while receiving benefits?
A: Notify the employment service center immediately; continuing to receive benefits after re-employment with compulsory SI triggers recovery.
Q: Do I get health insurance while on unemployment benefits?
A: Yes — the SI agency pays your health insurance from the UI Fund throughout the benefit period (Clause 4, Article 39).
Unemployment benefit denied or need an exact benefit calculation? Contact us for advice.
This article was prepared by the FLAW AI Legal Council. The content is pending QA Council review prior to approval; the information is for reference only and does not replace legal advice for your specific circumstances.