VI The procedures, steps, and documentation required to apply for unemployment benefits are stipulated in Decree 374/2025/ND-CP. Let’s explore further with Phạm Consult!
Unemployment Benefits 2026: What are the procedures, steps, and required documentation?
The procedures, steps, and documentation for applying for unemployment benefits in 2026 are set out in Decree 374/2025/ND-CP. Specifically:
The documentation required to apply for unemployment benefits is stipulated in Article 14 of Decree 374/2025/ND-CP as follows:
- The application for unemployment benefits shall include:
– An application form for unemployment benefits, following Form No. 10 attached to this Decree.
– The original, a certified true copy, or an electronic version (or the original accompanied by a copy for verification purposes) of one of the following documents confirming the termination of an employment contract or a working contract: an employment or working contract that has expired or for which the agreed-upon work has been completed; a decision on the cessation of operations; a dismissal decision; a disciplinary decision resulting in termination of employment; a notice or agreement regarding the termination of an employment or working contract; or a confirmation from the employer containing specific details about the employee and the type of employment contract previously signed. The reasons for and the effective date of the termination of an employment contract; confirmation from a competent state authority regarding the dissolution, liquidation, or a decision on the dismissal or removal from office of an individual (in cases where the employee serves as a manager of an enterprise or a cooperative). In instances where an employee lacks documentation confirming the termination of their employment contract—due to the employer having neither a legal representative nor an individual authorized by the legal representative—the following procedure shall apply:
An employee of an employer that lacks both a legal representative and an individual authorized by the legal representative—and who requires confirmation of the termination of their employment contract to access social insurance or other related benefits—may request the Department of Home Affairs to carry out the necessary procedures to verify the termination of said employment contract or labor agreement.
Upon receiving such a request from the employee, the Department of Home Affairs shall, within 03 working days, issue a written request to the Department of Finance to verify that the employer lacks a legal representative or an individual authorized by the legal representative.
The Department of Finance shall coordinate with the tax authority, the police, and the local government—in the jurisdiction where the employer’s principal place of business is located—to verify the status of the employer regarding the absence of a legal representative or an authorized representative.
The Department of Finance shall provide a written response to the Department of Home Affairs, confirming whether the employer lacks a legal representative or an individual authorized by the legal representative, within 10 working days from the date of receiving the verification request from the Department of Home Affairs. For employees working under an employment contract with a term of at least one month but less than 12 months, the document confirming the termination of the employment contract shall be the original or a certified true copy of said contract
– Social insurance book.
The social insurance agency shall verify the payment of unemployment insurance premiums and return the social insurance book to the employee within 05 working days from the date of receiving the request from the employer.
For employers that are agencies, units, or enterprises under the Ministry of National Defence or the Ministry of Public Security, the social insurance agency of the Ministry of National Defence or the social insurance agency of the People’s Public Security shall verify the payment of unemployment insurance premiums and return the social insurance book to the employee within 30 days from the date of receiving the request from the employer.
- Submission of application for unemployment benefits
– Within 03 months from the date of termination of an employment contract or a working contract, or from the date of cessation of employment, or from the date of receiving confirmation from a competent authority in cases where an employer is unable to pay unemployment insurance premiums (as stipulated in Clause 6, Article 3 of this Decree), an employee who is currently unemployed and wishes to receive unemployment benefits must submit an application—either in person or via the National Public Service Portal—to the public employment service center in the locality where they wish to receive such benefits.
In cases where an employee submits the application via the National Public Service Portal, the application shall consist of a scan (digital copy) of the original document, a scan of a certified true copy, or an electronic version of one of the documents confirming the termination of the employment contract or working contract. For applications submitted in person, the requirements shall be as stipulated in Clause 1 of this Article. – Employees may authorize another person to submit their application or send it via postal service in the following cases: illness or maternity (with certification from a competent medical facility); accidents (with certification from traffic police or a competent medical facility); or events such as fires, floods, earthquakes, tsunamis, acts of war, or epidemics (with certification from the Chairperson of the Commune-level People’s Committee).
For the aforementioned cases, the date of submission for the unemployment benefit application shall be the date the authorized person submits the application in person, or the date stamped by the postal service if sent via mail.
– Public employment service organizations are responsible for receiving and verifying applications, and for scheduling the delivery of the decision regarding unemployment benefits. These organizations shall provide the result to the employee within 03 working days—as specified on the appointment slip (Form No. 04, issued with this Decree)—either by handing it directly to the applicant (if submitted in person) or by sending it via postal service (if submitted via mail). In cases where an employee submits an application through the National Public Service Portal, the Portal shall notify the employee of the scheduled date for receiving the result (within 03 working days).
- Within 10 working days from the date of submitting an application for unemployment benefits, if an employee decides they no longer wish to receive such benefits, they must submit a request to decline the benefits—using Form No. 11 (issued with this Decree)—either in person or via the National Public Service Portal to the public employment service organization where the original application was filed. In cases where an employee submits their application in person, the public employment service organization shall return the application for unemployment benefits to the employee on the date specified in the appointment slip.
The sequence and procedures for receiving unemployment benefits are stipulated in Article 16 of Decree 374/2025/NĐ-CP as follows:
- The public employment service organization is responsible for reviewing the application and submitting it to the Director of the Department of Home Affairs for a decision on the employee’s eligibility for unemployment benefits. This must be completed within 15 working days from the date a complete application is received in accordance with regulations. If an application is submitted via postal service, the date of receipt shall be the date of arrival as indicated by the postal service’s date stamp. If an application lacks the necessary information for processing, the public employment service organization shall request that the employee supplement or complete the application, using the request form (Form No. 03) issued with this Decree.
The decision regarding the receipt of unemployment benefits shall be distributed by the public employment service organization as follows: one copy to the provincial-level Social Security office—where the employee will receive the benefits—to facilitate the payment of unemployment benefits and the issuance of a health insurance card; and one copy to the employee. In cases where an application is submitted via the National Public Service Portal, the decision shall be sent to the employee and the provincial-level Social Security office through the same portal.
The decision regarding the receipt of unemployment benefits shall follow Form No. 12, issued with this Decree.
In cases where an employee is not entitled to unemployment benefits, the public employment service provider must provide notification in writing, clearly stating the reasons. For employees who submitted their applications online, this notification shall be sent via the National Public Service Portal.
- Payment of unemployment benefits
The social security agency shall pay unemployment benefits to the employee within 05 working days from the date the deadline for the employee to collect the decision on the entitlement to unemployment benefits, or the deadline for the employee to submit their monthly job-search notification, has passed.
- For employees who submitted their applications in person, if they fail to collect the decision on the entitlement to unemployment benefits within 03 working days following the date specified on the appointment slip, they shall be deemed as having no further need for such benefits.
Within 02 working days from the date the deadline for collecting the decision on the entitlement to unemployment benefits has passed, the public employment service provider must notify the social security agency of any individuals who failed to collect their decision, so that the payment of benefits may be halted in accordance with regulations.
Within 07 working days from the date the employee failed to collect the decision on the entitlement to unemployment benefits as prescribed, the public employment service provider shall submit a proposal to the Director of the Department of Labor, Invalids and Social Affairs to issue a decision revoking the employee’s entitlement to unemployment benefits.
The decision to revoke the entitlement to unemployment benefits shall be distributed by the public employment service provider as follows: one copy to the provincial-level social security agency to ensure that no unemployment benefits are paid to the employee, and one copy to the employee. The decision to revoke the entitlement to unemployment benefits shall follow Form No. 08, issued in conjunction with this Decree. 4. If, after a period of 03 months from the date an employee’s entitlement to unemployment benefits (as specified in the decision granting such benefits) has expired, the employee has neither collected the benefits nor provided written notification to the social security agency—where they are currently receiving said benefits—they shall be deemed to have no further need for such unemployment benefits.
Within 07 working days following the aforementioned period, the social security agency must notify the public employment service center—where the employee is receiving benefits—that the employee has failed to collect their unemployment benefits. This notification shall be prepared in accordance with Form No. 13, issued together with this Decree.
Within 10 working days of receiving the notification from the social security agency, the public employment service center shall review the case and submit a proposal to the Director of the Department of Labor, Invalids and Social Affairs for a decision on reserving the employee’s period of contribution to unemployment insurance.
The decision to reserve the period of unemployment insurance contribution shall be distributed by the public employment service center as follows: one copy to the provincial-level social security agency to facilitate the reservation of the employee’s contribution period, and one copy to the employee. In cases where the employee submitted their application via the National Public Service Portal, the decision shall be sent to the provincial-level social security agency and the employee through the same National Public Service Portal.
The decision to reserve the period of unemployment insurance contribution shall be prepared in accordance with Form No. 14, issued together with this Decree. For applications submitted via the National Public Service Portal, the decision regarding the reservation of the period of unemployment insurance contributions shall be issued in two copies: one sent to the employee and one sent to the provincial-level Social Security office via the National Public Service Portal.
- The sequence, procedures, and methods for the payment of unemployment benefits shall follow the guidelines provided by Vietnam Social Security.
Unemployment benefits in 2026: What are the regulations regarding the sequence, procedures, and documentation required to claim unemployment benefits? (Image from the Internet)
How many months of unemployment insurance contributions are required to be eligible for unemployment benefits?
Pursuant to Article 38 of the 2025 Law on Employment, the conditions for receiving unemployment benefits are as follows:
Eligibility conditions
- Employees specified in Clause 1, Article 31 of this Law who are currently contributing to unemployment insurance shall be entitled to unemployment benefits if they meet the following conditions:
- a) They have terminated their employment contract, working contract, or ceased employment in accordance with the law, provided that such termination does not fall under the category of an employee unilaterally terminating an employment contract unlawfully (as defined by the Labor Code) or an employee resigning upon becoming eligible for a pension.
- b) They have contributed to unemployment insurance for a total of at least 12 months within the 24-month period immediately preceding the termination of their employment contract, working contract, or cessation of employment in accordance with the law.
In cases where an employee works under an employment contract with a duration of at least 1 month but less than 12 months, they must have contributed to unemployment insurance for a total of at least 12 months within the 36-month period immediately preceding the termination of said employment contract.
- c) Have submitted a complete application for unemployment benefits within 03 months from the date of termination of the employment contract, working contract, or cessation of employment.
- d) Within 10 working days from the date of submission of a complete application for unemployment benefits, the employee must not fall into any of the following categories: being employed and subject to compulsory social insurance as prescribed by the Law on Social Insurance; performing military service or service in the People’s Public Security; serving as a member of the standing militia; pursuing a course of study with a duration of more than 12 months; being subject to a decision on placement in a compulsory educational institution, a compulsory rehabilitation center, or detention; serving a prison sentence; residing abroad; or being deceased.
- The Government shall provide detailed regulations for this Article.
According to the aforementioned provisions, one of the conditions for receiving unemployment benefits is that the employee must have paid unemployment insurance premiums for a total of at least 12 months within the 24-month period prior to the termination of their employment contract, working contract, or cessation of employment, in accordance with the law.
In cases where an employee works under an employment contract with a duration of at least 01 month but less than 12 months, they must have paid unemployment insurance premiums for a total of at least 12 months within the 36-month period prior to the termination of said employment contract.
