Maximum unemployment benefit is 5 times the regional minimum wage

The level of benefits, duration of benefits, duration of benefits and documents, order and procedures for receiving unemployment benefits (TCTN) are specified in detail by the National Assembly in the 2025 Employment Law, effective from January 1, 2026.

Employees who are receiving TCTN will have their TCTN benefits terminated if they fall into one of the following 13 cases:

Having an job and being a subject of compulsory social insurance (SI) according to the provisions of the Law onSI; performing military service, service in the People's Public Security, and standing militia;

Receive a monthly pension; after 2 times of refusal to receive a job introduced by a public employment service organization where the employee is receiving a TCTN without a legitimate reason; not implementing the monthly job search notification as prescribed in Article 40 of this Law for 3 consecutive months; going abroad to settle; studying for a period of more than 12 months; being administratively sanctioned for violating the law on unemployment insurance (UI); dying;

Comply with the decision to apply the measure of being sent to compulsory educational institutions, compulsory drug rehabilitation institutions; declared missing by the court; temporarily detained; serve a prison sentence; at the request of the employee.

Article 38 stipulates that employees who are paying unemployment insurance are entitled to TCTN when meeting 4 conditions. First of all, employees must terminate labor contracts and work contracts in accordance with regulations. In case of unilateral termination of the contract illegally or termination of employment when eligible for pension, TCTN will not be enjoyed.

The second condition is to have paid unemployment insurance for 12 months or more within 24 months before leaving work. For employees working under contracts for less than 12 months, the consideration period is 36 months before the contract is terminated, but they must still pay at least 12 months.

In addition, employees must submit all TCTN application documents within 3 months from the date of leave. After submitting the application, if within 10 working days, the employee does not fall into 7 cases of exclusion such as having a job, performing military service, studying for more than 12 months, being detained, settling abroad... then the regime will be resolved.

Article 39 stipulates that the monthly TCTN benefit is equal to 60% of the average monthly salary for unemployment insurance contributions of the 6 most recent months of unemployment insurance contributions before termination of labor contracts, employment contracts or termination of employment, but not exceeding 5 times the minimum monthly salary by region announced by the Government applied in the last month of unemployment insurance contributions.

The period of TCTN benefits is calculated based on the number of months of unemployment insurance contributions, for every 12 months to 36 months of contributions, they will receive 3 months of TCTN, then for every additional 12 months of contributions, they will receive an additional month of TCTN, but the maximum period of TCTN benefits is 12 months.

The time to receive TCTN is the 11th working day from the date of submitting a complete application for TCTN. Employees who are receiving TCTN are entitled to health insurance benefits according to the provisions of the law on health insurance, including the period of temporary suspension of TCTN benefits according to the provisions of Clause 2, Article 41 of this Law.

People who are receiving TCTN are covered by the Social Insurance Agency for health insurance from the Unemployment Insurance Fund.

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