Unemployment Insurance Law (Chapter VII Employment Law 2025): Where are the substantive regulations?

Section 1. PRINCIPLES, SUBJECTS, AND REGIME OF UNEMPLOYMENT INSURANCE

Article 29. Principles of unemployment insurance

1. Ensure risk sharing among unemployment insurance participants.

2. Unemployment insurance premiums are calculated on the basis of the employee's monthly salary.

3. Unemployment insurance benefits are calculated based on the unemployment insurance payment rate and duration.

4. The implementation of unemployment insurance must be simple, easy, convenient, ensuring timely and full benefits of participants.

5. The unemployment insurance fund is managed centrally, uniformly, publicly and transparently; used for the right purpose; ensuring safety, growth and protection by the State.

Article 30. Unemployment insurance regimes

1. Unemployment insurance regimes include:

a) Consulting and job introduction;

b) Support workers to participate in training and improve vocational skills;

c) Unemployment benefits;

d) Support employers in training, fostering and improving vocational skills to maintain jobs for workers.

2. In case of crisis, economic recession, natural disaster, fire, enemy sabotage or dangerous epidemic, based on the actual situation and the balance of the Unemployment Insurance Fund, the Government regulates the reduction of unemployment insurance premiums, monetary support or other support.

Article 31. Subjects participating in unemployment insurance

1. Employees eligible to participate in unemployment insurance include:

a) People working under a labor contract with an indefinite term, a labor contract with a definite term of 01 month or more, including cases where the employee and the employer agree by a different name but have content showing paid employment, salary and management, administration and supervision of one party;

b) Employees specified in Point a of this Clause work part-time and have a monthly salary equal to or higher than the salary used as a basis for the lowest compulsory social insurance payment according to the provisions of the Law on Social Insurance;

c) People working under employment contracts;

d) Enterprise managers, controllers, representatives of the enterprise's capital according to the provisions of law; Members of the Board of Directors, General Director, Director, members of the Supervisory Board or controllers and other elected management positions of cooperatives and unions of cooperatives according to the provisions of the Law on Cooperatives with salaries.

In case an employee simultaneously belongs to many different unemployment insurance participants specified in this Clause, the employee and the employer are responsible for participating in unemployment insurance along with participating in compulsory social insurance.

2. Employees specified in Clause 1 of this Article who are receiving pensions, social insurance benefits, monthly benefits according to Government regulations or are eligible to receive pensions; The employee is working under a probationary contract according to the provisions of labor law; Employees who are domestic workers are not eligible to participate in unemployment insurance.

3. Employers participating in unemployment insurance include state agencies and public service units; agencies, units, enterprises of the People's Army, People's Police and cipher organizations; political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, other social organizations; foreign agencies, organizations, and international organizations operating in Vietnamese territory; enterprises, cooperative groups, cooperatives, cooperative unions, business households, other organizations and individuals that hire and use labor according to the provisions of Clause 1 of this Article.

4. The National Assembly Standing Committee decides on participation in unemployment insurance for subjects other than those specified in Clause 1 of this Article who have stable and regular jobs and income on the basis of the Government's proposal in accordance with the socio-economic development conditions of each period.

Section 2. PARTICIPATING AND PAYING UNEMPLOYMENT INSURANCE

Article 32. Participation in unemployment insurance

1. Determining subjects participating in unemployment insurance, registering to participate in unemployment insurance, adjusting information registered to declare participation in unemployment insurance are carried out synchronously with determining subjects participating in compulsory social insurance, registering to participate in compulsory social insurance, adjusting information registering to declare participation in compulsory social insurance according to the provisions of law on social insurance.

2. Participation, payment, and unemployment insurance benefits are recorded in the social insurance book according to the provisions of the Law on Social Insurance, which is the basis for resolving unemployment insurance regimes according to the provisions of this Law.

Article 33. Paying unemployment insurance

1. Unemployment insurance premiums and responsibilities are regulated as follows:

a) Employees pay a maximum of 1% of their monthly salary;

b) Employers contribute a maximum of 1% of the monthly salary fund of employees participating in unemployment insurance;

c) The State supports a maximum of 1% of the monthly salary fund for unemployment insurance of workers participating in unemployment insurance and is guaranteed by the central budget.

2. Every month, the employer pays unemployment insurance at the rate specified in Point b, Clause 1 of this Article and deducts the salary of each employee according to the rate specified in Point a, Clause 1 of this Article to pay at the same time to the Unemployment Insurance Fund.

For employees specified in Point a, Clause 1, Article 31 of this Law who receive product-based or piece-rate wages at enterprises, cooperative groups, cooperatives, cooperative unions, business households operating in the fields of agriculture, forestry, fishery and salt industry, the employer must register with the social insurance agency and pay unemployment insurance monthly, every 3 months or every 6 months. The latest closing deadline is the last day of the month immediately following the closing cycle.

3. The time of paying unemployment insurance for employers and employees is the time of paying compulsory social insurance.

4. Employees who do not receive salary for 14 working days or more in a month do not have to pay unemployment insurance for that month.

5. Employers are responsible for paying enough unemployment insurance. Handling of late payment or evasion of unemployment insurance payment is carried out in accordance with the provisions of the Social Insurance Law.

6. Employers are entitled to a reduction in unemployment insurance premiums that are the employer's responsibility to pay for employees with disabilities for a period not exceeding 12 months when recruiting and employing employees with disabilities.

7. Employers are responsible for fully paying unemployment insurance according to regulations for employees upon termination of labor contracts, employment contracts or termination of employment to promptly resolve unemployment insurance benefits for employees.

In case the employer does not pay enough unemployment insurance for the employee, it must pay an amount corresponding to the unemployment insurance benefits that the employee is entitled to according to the provisions of law.

8. The State transfers support funds from the state budget to the Unemployment Insurance Fund.

9. The Government regulates in detail Clauses 1, 6, 7 and 8 of this Article.

Article 34. Basis for paying unemployment insurance

1. Salary as a basis for paying unemployment insurance is prescribed as follows:

a) For employees subject to the salary regime prescribed by the State, the salary used as a basis for paying unemployment insurance is the monthly salary according to position, title, rank, grade and position allowances, extra seniority allowances, career seniority allowances, salary reservation difference coefficient (if any);

b) For employees subject to the salary regime decided by the employer, the salary used as a basis for paying unemployment insurance is the monthly salary, including salary according to job or title, salary allowances and other additional payments agreed to be paid regularly and stably in each salary period.

In case an employee stops working and still receives a monthly salary equal to or higher than the salary that serves as the basis for the lowest compulsory social insurance payment, the payment will be based on the salary received during the period of work stoppage.

2. The highest salary used as a basis for paying unemployment insurance is 20 times the regional minimum monthly salary announced by the Government at the time of paying unemployment insurance.

3. If an employee is participating in unemployment insurance and is temporarily detained or temporarily suspended from work, the employee and employer will temporarily stop paying unemployment insurance; In case the employee receives full back pay, the employee and the employer pay compensation for the time of temporary detention or temporary suspension from work with the amount of payment for the months of temporary suspension of payment and at the same time with the compulsory social insurance payment.

4. The collection and payment of unemployment insurance are carried out together with the collection and payment of compulsory social insurance according to the provisions of law on social insurance.

5. The Government regulates this Article in detail.

Article 35. Unemployment insurance payment period

1. The period of unemployment insurance payment for consideration of unemployment insurance benefits is the total time of unemployment insurance payment from the start of unemployment insurance payment until the employee terminates the labor contract, work contract or stops working according to the provisions of law without receiving unemployment benefits.

2. After termination of unemployment benefits, the next unemployment insurance payment period is calculated again from the beginning, except for cases reserved as prescribed in Clauses 5 and 6, Article 41 of this Law.

3. The time the employee pays unemployment insurance is not counted to receive job loss benefits or severance pay according to the provisions of labor law and law on public employees.

4. The Government regulates the time when unemployment insurance has been paid but unemployment benefits have not been received.

Section 3. CONSULTATION, JOB REFERENCE AND SUPPORT FOR EMPLOYEES IN PARTICIPATING IN TRAINING AND IMPROVEMENT OF PROFESSIONAL SKILLS

Article 36. Consulting and job introduction

1. Employees specified in Clause 1, Article 31 of this Law who are paying unemployment insurance, have their labor contracts, employment contracts terminated, or are terminated from employment and wish to find a job will be given advice and job introduction.

2. The Government regulates job consulting and introduction.

Article 37. Support workers to participate in training and improve vocational skills

1. Workers receiving unemployment benefits are supported with training and improving their vocational skills.

2. In case the employee is not subject to the provisions in Clause 1 of this Article, the following conditions must be met:

a) Belonging to the subjects specified in Point a, Clause 1, Article 38 of this Law;

b) Have submitted an application for support in training and improving vocational skills within 12 months from the date of termination of the labor contract, work contract or termination of employment;

c) Within 10 working days from the date of submitting a complete application for support in training and improving vocational skills, the employee is not in one of the cases of having a job and participating in compulsory social insurance as prescribed in the Law on Social Insurance or performing military service, the obligation to participate in the People's Police, the permanent militia or studying for a period of more than 12 months or complying with the decision to apply the measure of being sent to a compulsory educational facility. forced, forced drug treatment facility or temporary detention, serve a prison sentence or settle abroad or die;

d) Have paid unemployment insurance for 9 months or more within 36 months before terminating the labor contract, employment contract or termination of employment.

3. The duration of support for training and improving vocational skills depends on the course and duration of study, but the total support duration does not exceed 06 months.

4. Content to support training and improve vocational skills includes:

a) Tuition fees;

b) Meals for workers while participating in training and improving vocational skills.

5. The Government shall detail this Article; regulate documents, order and procedures to support workers participating in training and improving vocational skills.

Section 4. UNEMPLOYMENT BENEFITS

Article 38. Conditions for enjoyment

1. Employees specified in Clause 1, Article 31 of this Law who are paying unemployment insurance are entitled to unemployment benefits when they fully meet the following conditions:

a) Terminate the labor contract, employment contract or terminate employment according to the provisions of law without falling into one of the cases where the employee unilaterally terminates the labor contract illegally according to the provisions of the Labor Code or the employee quits his job when he is eligible to receive pension.

b) Have paid unemployment insurance for 12 months or more within 24 months before terminating the labor contract, employment contract or termination of employment according to the provisions of law.

In case the employee works under a labor contract with a term of 1 month to less than 12 months, he must pay 12 months or more within 36 months before terminating the labor contract.

c) Have submitted a complete application for unemployment benefits within 03 months from the date of termination of the labor contract, employment contract or termination of employment.

d) Within 10 working days from the date of submitting a complete dossier for unemployment benefits, the employee is not in one of the cases of having a job and being subject to compulsory social insurance participation under the provisions of the Law on Social Insurance or performing military service, the obligation to join the People's Police, the permanent militia or going to study for a period of more than 12 months or complying with the decision to apply the measure of sending to a compulsory education facility, a compulsory detoxification facility or being sentenced to death. temporary detention, serve a prison sentence or settle abroad or die.

2. The Government shall detail this Article.

Article 39. Benefit level, period of benefit, time of benefit and documents, order and procedures for receiving unemployment benefits

1. The monthly unemployment benefit level is equal to 60% of the average monthly salary paid for unemployment insurance of the 06 most recent months of paying unemployment insurance before terminating the labor contract, employment contract or termination of employment but not exceeding 05 times the regional monthly minimum wage announced by the Government to be applied in the last month of paying unemployment insurance.

2. The duration of unemployment benefits is calculated according to the number of months of unemployment insurance payment. For every 12 to 36 months of payment, you will receive 03 months of unemployment benefits. After that, for every additional 12 months of payment, you will be entitled to 01 additional month of unemployment benefits, but the maximum unemployment benefit period is 12 months.

3. The time to receive unemployment benefits is the 11th working day from the date of submitting a complete application for unemployment benefits.

4. Employees receiving unemployment benefits are entitled to health insurance according to the provisions of the law on health insurance, including the temporary suspension of unemployment benefits as prescribed in Clause 2, Article 41 of this Law. People receiving unemployment benefits have their health insurance paid by the social insurance agency from the Unemployment Insurance Fund.

5. The Government shall detail Clauses 1 and 2 of this Article; regulates dossiers, order and procedures for receiving unemployment benefits.

Article 40. Responsibility to notify employees about job search

1. While receiving unemployment benefits, every month, the employee must notify the public employment service organization where he or she is receiving unemployment benefits about finding a job.

2. The Government shall detail this Article.

Article 41. Transfer of benefits, suspension, continuation, termination of benefits and cancellation of unemployment benefits

1. During the period of receiving unemployment benefits, employees can move to receive unemployment benefits when needed.

2. Employees receiving unemployment benefits will have their unemployment benefits suspended when they do not notify them of their monthly job search as prescribed in Article 40 of this Law.

Employees are not entitled to unemployment benefits during the period of temporary suspension of unemployment benefits and the temporary suspension period is not reserved.

3. Employees who are temporarily suspended from receiving unemployment benefits, if they still have time to receive unemployment benefits, may continue to receive unemployment benefits when making monthly job search notices according to the provisions of Article 40 of this Law.

4. Employees receiving unemployment benefits will have their unemployment benefits terminated in one of the following cases:

a) Have a job and are subject to compulsory social insurance according to the provisions of the Law on Social Insurance;

b) Perform military service, participate in the People's Police, and the standing militia;

c) Receive monthly pension;

d) After 02 times of refusing to accept a job introduced by a public employment service organization where you are receiving unemployment benefits without a valid reason;

d) Failure to submit monthly job search notices as prescribed in Article 40 of this Law for 03 consecutive months;

e) Go abroad to settle;

g) Going to study for a period of more than 12 months;

h) Being administratively sanctioned for violations of the law on unemployment insurance;

i) Death;

k) Comply with the decision to apply the measure of sending to compulsory education establishments or compulsory detoxification establishments;

l) Declared missing by the court;

m) Being temporarily detained; serve a prison sentence;

n) At the request of the employee.

5. Employees whose unemployment benefits are terminated in the cases specified in Points a, b, g, k, l, m and n, Clause 4 of this Article are entitled to reserve the period of unemployment insurance payment as a basis for calculating the period of unemployment benefits for the next time, except in cases where the employee's status is not notified as specified in Points a, b, g, k, l, m and n, Clause 4 of this Article.

6. The Government shall detail this Article; regulates cases of cancellation of unemployment insurance benefits, the period of unemployment insurance payment is reserved when unemployment benefits are terminated.

Section 5. SUPPORT EMPLOYERS IN TRAINING, COUPLING AND IMPROVEMENT OF OCCUPATIONAL SKILLS TO MAIN EMPLOYEES

Article 42. Support employers to train, foster and improve vocational skills to maintain jobs for employees participating in unemployment insurance

1. Employers are supported in cases that affect the employment or threaten to affect the employment of many employees participating in unemployment insurance as follows:

a) Change in structure, technology or for economic reasons as prescribed in the Labor Code;

b) Natural disasters, fires, enemy attacks or dangerous epidemics;

c) Follow the decision of the competent state agency on relocating or reducing production and business locations;

d) Other cases as prescribed by the Government.

2. Employers are supported when all of the following conditions are met:

a) Pay full unemployment insurance for 12 months or more within 24 months up to the time of requesting support;

b) Have a plan for training, fostering, and improving vocational skills to maintain employment.

3. The duration of support for training, fostering, and improving vocational skills to maintain employment for workers depends on the course and duration of study, but the total support duration does not exceed 06 months.

4. The Government shall detail this Article; regulate support levels, documents, order and procedures to support employers in training, fostering and improving vocational skills to maintain jobs for workers.

Section 6. UNEMPLOYMENT INSURANCE FUND

Article 43. Unemployment insurance fund

1. The unemployment insurance fund is a financial fund independent of the state budget; Accounting, accounting, financial reporting, internal auditing according to the provisions of law on accounting and other relevant laws.

2. Every 3 years, the State Audit audits the Unemployment Insurance Fund, fund investment activities and reports the results to the National Assembly. At the request of the National Assembly, the National Assembly Standing Committee or the Government, the Unemployment Insurance Fund is audited unexpectedly.

Article 44. Sources of formation of the Unemployment Insurance Fund

1. Contributions and support as prescribed in Clause 1, Article 33 of this Law.

2. Profit from investment activities of the Unemployment Insurance Fund.

3. Other legal revenues as prescribed by law.

Article 45. Use of Unemployment Insurance Fund

1. Payment of unemployment insurance benefits.

2. Payment of monetary support or other support as prescribed in Clause 2, Article 30 of this Law.

3. Health insurance premiums for people receiving unemployment benefits.

4. Expenses for organizing and operating unemployment insurance.

5. Invest to preserve and grow funds.

Article 46. Expenses for organization and operation of unemployment insurance

1. Expenditures on organization and operation of unemployment insurance include the following contents:

a) Propagate, disseminate, answer and advise on policies and laws on unemployment insurance; training and professional development on unemployment insurance;

b) Administrative reform of unemployment insurance; develop and manage participants and beneficiaries of the unemployment insurance regime;

c) Investing, upgrading, renovating, expanding, maintaining and repairing assets, renting and purchasing assets, goods and services related to unemployment insurance management and activities;

d) Organize the collection, processing and payment of unemployment insurance and operate the apparatus of the agency implementing the unemployment insurance policy.

2. Expenditures on organizing and operating unemployment insurance are calculated on the basis of the percentage of estimated revenues and expenditures of unemployment insurance, excluding the amount of health insurance payments for people receiving unemployment benefits and are deducted from the Unemployment Insurance Fund.

3. Every 3 years, the Government reports to the National Assembly Standing Committee to decide on the level of spending on organizing and operating unemployment insurance along with the level of spending on organizing and operating social insurance.

4. The State Audit conducts an annual audit of the settlement report of organizational expenses and unemployment insurance activities.

5. The Government shall detail Clauses 1 and 2 of this Article.

Article 47. Management of investment activities of the Unemployment Insurance Fund

1. The unemployment insurance fund is independently invested and accounted for.

2. Investment activities of the Unemployment Insurance Fund must ensure safety, sustainability and efficiency; controlled, managed risks and made risk provisions.

3. The Government regulates the investment of the Unemployment Insurance Fund, the control and management of investment risks and the setting up and use of risk provisions.

Article 48. Responsibilities of the Government regarding unemployment insurance

1. Decide or submit to the competent authority to decide on handling measures and support measures in case of necessity to protect the legitimate rights and interests of unemployment insurance of employees and employers.

2. Annually, report to the National Assembly on the implementation of unemployment insurance policies and regimes, the management and use of the Unemployment Insurance Fund in the report on the implementation of social insurance policies and regimes, the management and use of the Social Insurance Fund according to regulations.

3. Regulating the preparation of settlement accounts and assigning state management agencies to approve, appraise and approve the settlement of expenses for organizing and operating unemployment insurance.

4. Regulations on the rights and responsibilities of relevant agencies, organizations and individuals in implementing unemployment insurance.

Section 7. COMPLAINTS AND DENUNCIATIONS ABOUT UNEMPLOYMENT INSURANCE

Article 49. Right to complain about unemployment insurance

Agencies, organizations and individuals have the right to request competent agencies, organizations and individuals to review decisions and actions of agencies, organizations and individuals when there are grounds to believe that such decisions or actions violate the law on unemployment insurance and infringe on their legitimate rights and interests.

Article 50. Complaints and settlement of complaints about administrative decisions and administrative acts on unemployment insurance; decisions and actions in unemployment insurance inspection activities

1. Complaints and settlement of complaints about administrative decisions and administrative acts on unemployment insurance shall comply with the provisions of law on complaints, except for the cases specified in Clause 2 of this Article.

2. Complaints and settlement of complaints about administrative decisions, administrative acts and other decisions and acts in unemployment insurance inspection activities are carried out in accordance with the provisions of law on inspection.

Article 51. Complaints and complaint settlement; File a lawsuit against decisions and actions regarding unemployment insurance

1. Decisions and acts on unemployment insurance are decisions and acts of social insurance agencies, public employment service organizations, and competent persons in social insurance agencies and public employment service organizations to perform or not to perform responsibilities according to the provisions of law on unemployment insurance.

2. Complaints about decisions and actions on unemployment insurance are made as follows:

a) When there are grounds to believe that a decision or action on unemployment insurance is illegal or infringes upon his/her legitimate rights and interests, the complainant shall first file a complaint with the social insurance agency or public employment service organization where the person has the decision or action on unemployment insurance or initiate a lawsuit in court according to the provisions of law;

b) In case the complainant does not agree with the result of resolving the first complaint by the social insurance agency or at the end of the prescribed time limit but the complaint is not resolved, he/she has the right to make a second complaint to the head of the immediate superior agency or initiate a lawsuit in Court according to the provisions of law.

In case the complainant does not agree with the result of resolving the first complaint of the public employment service organization or at the end of the prescribed time limit but the complaint is not resolved, he or she has the right to make a second complaint to the head of the specialized employment agency of the Provincial People's Committee or initiate a lawsuit in Court according to the provisions of law;

c) In case the complainant does not agree with the decision to resolve the complaint for the second time or at the end of the prescribed time limit but the complaint is not resolved, he or she has the right to sue in court according to the provisions of law.

3. Authority to resolve complaints about decisions and actions on unemployment insurance of social insurance agencies and public employment service organizations is prescribed as follows:

a) The head of the social insurance agency or public employment service organization has the authority to resolve first-time complaints against decisions and actions regarding unemployment insurance of themselves or of competent persons directly managed by them;

b) The head of the immediate superior agency of the social insurance agency has the authority to resolve second-time complaints regarding decisions and actions on unemployment insurance that were first resolved by the head of the lower-level social insurance agency but there are still complaints or the first complaint has expired but has not been resolved;

c) The head of the specialized employment agency of the Provincial People's Committee has the authority to resolve second-time complaints against decisions and actions on unemployment insurance that have been resolved for the first time by the head of the public employment service organization but there are still complaints or the first-time complaint has expired but has not been resolved.

4. The statute of limitations for complaints, order and procedures for resolving unemployment insurance complaints are implemented in accordance with the law on complaints.

Article 52. Denunciation and settlement of denunciations about unemployment insurance

1. Denunciation and settlement of denunciations regarding acts of violating the law in the performance of duties and official duties regarding unemployment insurance and acts of violating the law on state management in the field of unemployment insurance are carried out in accordance with the provisions of law on denunciations.

2. Social insurance agencies and public employment service organizations are responsible for resolving denunciations of violations of the law in complying with the provisions of law on unemployment insurance.

3. The order and procedures for denunciation and settlement of denunciations regarding violations of the law specified in Clause 2 of this Article are implemented in accordance with the law on denunciations.