Law on Employment No. 74/2025/QH15

LABOUR LAW

         

Pursuant to the Constitution of the Socialist Republic of Vietnam amended and supplemented by Resolution No. 203/2025/QH15;

The National Assembly enacts the Labour Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates support policies for job creation, labour registration, the labour market information system, vocational skill development, employment services, unemployment insurance, and state management of employment.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Employee refers to Vietnamese citizens aged 15 years or older who have the ability to work and the need for employment. In cases involving underage workers, conditions must be ensured according to the provisions of the Labour Code.

2. Employment refers to income-generating work that is not prohibited by law.

3. National Vocational Skill Standards refers to requirements regarding specialized knowledge, technical skills, practical abilities, and application capabilities that workers must possess to perform tasks at each level of vocational skill proficiency.

4. Unemployment Insurance is a mandatory form of insurance organized by the State in which workers and employers participate to support job maintenance, training, counseling, job introduction, and compensation for a portion of income loss when workers lose their jobs based on contributions to the Unemployment Insurance Fund.

5. Public Employment refers to temporary paid work created through the implementation of programs, projects, and activities using state capital at local levels.

6. Labour Force Database refers to a collection of data about workers organized for access, exploitation, sharing, management, and updating.

7. Discrimination in Employment refers to acts of discrimination, exclusion, or preference based on race, skin color, national origin or social origin, ethnicity, gender, age, pregnancy status, marital status, religion, belief, disability, illness, family responsibilities affecting equal employment opportunities or occupations, except where such acts arise from specific job requirements aimed at maintaining and protecting vulnerable workers' employment.

Article 3. Principles of Employment

1. Ensuring the right to work, freedom of choice of employment and place of work.

2. Equality of employment opportunities, wages, and income.

3. Ensuring safe working conditions and occupational hygiene.

Article 4. State Policies on Employment

1. Developing the economy and society to create jobs for workers, setting employment resolution targets in economic and social development strategies, plans; developing private sector employment; allocating resources to implement employment policies, strategies, and vocational skill development; developing unemployment insurance policies.

2. Providing free employment counseling and job introduction services to workers and free labor market information through public employment service organizations.

3. Promoting labor structure transformation in line with economic structure and towards sustainability.

4. Supporting job creation, self-employment, and job conversion.

5. Supporting labor market development, prioritizing investment in infrastructure to meet digital transformation requirements.

6. Encouraging the development of vocational skills, job creation in science, technology, innovation, digital transformation, circular economy, green economy.

7. Encouraging organizations and individuals to support and carry out activities for vocational skill development; participating in training, retraining, job creation, self-employment, and sustainable job maintenance.

3. Ensuring state secrets and operational secrecy as prescribed by law and internal regulations of each agency.

1. Discrimination in employment.

2. Fraud and forgery of documents in implementing employment policies, employment services, evaluation, and issuance of national vocational skill certificates.

3. Exploiting employment service activities to infringe upon national sovereignty, national defense, security, national interests, ethnic interests, social order, public safety, public interest, rights and legitimate interests of agencies, organizations, and individuals.

4. Unauthorized acquisition, sharing, buying, selling, exchanging, and use of information and data in the labour force database and labor market information.

Article 6. State Management of Employment

1. The contents of state management of employment include:

a) Issuing and implementing legal documents on employment;

b) Propaganda, dissemination, and education on laws related to employment;

c) Managing labor, labor market information, developing vocational skills, employment support policies, employment services, and unemployment insurance;

d) Inspecting, supervising, and monitoring the implementation of employment policies and laws; resolving complaints and accusations and handling violations of employment laws;

đ) International cooperation on employment.

2. Responsibilities for state management of employment are defined as follows:

a) The Government uniformly manages state affairs regarding employment;

b) The Ministry of Home Affairs is the lead agency assisting the Government in managing state affairs concerning employment;

c) Ministries and ministerial-level agencies, within their respective duties and authorities, have the responsibility to coordinate with the Ministry of Home Affairs in managing state affairs concerning employment;

d) People's Committees at all levels, within their respective duties and authorities, manage state affairs concerning employment locally.

Article 7. Responsibilities of Agencies, Organizations, and Individuals Regarding Employment

1. The Vietnam Fatherland Front and its member organizations, within their respective functions and tasks, have the responsibility to promote and mobilize agencies, organizations, and individuals to create jobs for workers; implement social supervision and criticism in the construction and implementation of employment policies and laws according to the provisions of the law.

2. Agencies and organizations, within their respective duties and authorities, have the responsibility to promote and disseminate employment policies and laws; create jobs; protect the legitimate rights and interests of workers and employers according to the provisions of the law.

3. Individuals have the responsibility to proactively seek employment and participate in job creation, enhancing vocational skill levels.

Chapter II

SUPPORT POLICIES FOR JOB CREATION

Article 8. Policy Credit for Employment Resolution

1. The State implements policy credit to support job creation, maintain, and expand employment, and support workers going abroad under contracts through the Social Policy Bank from the loan capital for employment resolution.

2. Sources of loan capital for employment resolution include:

a) Central budget allocated to the Social Policy Bank;

b) Local budget entrusted to the Social Policy Bank;

c) Capital raised by the Social Policy Bank subsidized by the state budget for interest rate and management fee differences;

d) Capital from organizations and individuals entrusted to the Social Policy Bank.

3. Based on the local government's budget balance capacity and employment resolution needs, the Provincial People's Council decides to allocate funds from the local budget and other lawful sources, entrusting the same-level People's Committee to the Social Policy Bank to implement loans for employment resolution.

Article 9. Loan Policies for Employment Resolution

1. Borrowers eligible for loan support for job creation, maintenance, and expansion include:

a) Small and medium enterprises, cooperatives, cooperative unions, production groups, individual businesses (hereinafter referred to collectively as production and business establishments);

b) Workers.

2. Borrowers eligible for loan support for working abroad under contracts are workers going abroad under contracts.

3. Borrowers eligible for loan support for job creation, maintenance, and expansion with lower interest rates include:

a) Production and business establishments employing many disabled workers, ethnic minority workers, workers who have completed serving prison sentences, workers who have completed serving compulsory educational institution decisions, workers who have completed serving compulsory drug rehabilitation facility decisions;

b) Workers from poor households belonging to ethnic minorities;

c) Workers from poor households of the Kinh ethnicity residing in areas with particularly difficult economic and social conditions as stipulated by the Government;

d) Workers with disabilities; workers in households directly caring for severely disabled persons; workers adopting and caring for severely disabled persons;

đ) Other categories determined by the Government based on economic and social conditions and requirements for employment loan provision.

4. Borrowers eligible for loan support for working abroad under contracts with lower interest rates include:

a) Workers from poor households belonging to ethnic minorities;

b) Workers from poor households of the Kinh ethnicity residing in areas with particularly difficult economic and social conditions as stipulated by the Government;

c) Other categories determined by the Government based on economic and social conditions and requirements for employment loan provision.

5. Production and business establishments are eligible for loan support for job creation, maintenance, and expansion when they meet the following conditions:

a) Having a feasible plan for using loan capital suitable for the industry and profession of production and business aimed at supporting job creation, maintenance, and expansion;

b) Ensuring loan repayment according to the law.

6. Workers are eligible for loan support for job creation, maintenance, and expansion when they meet the following conditions:

a) Having full capacity for civil acts;

b) Having a plan for using loan capital to create jobs, maintain, and expand employment.

7. Workers are eligible for loan support for working abroad under contracts when they meet the following conditions:

a) Having full capacity for civil acts;

b) Having signed a contract with a service enterprise or unit sending workers abroad under contracts according to the law;

c) Ensuring loan repayment according to the law.

8. For local government budget funds entrusted to the Social Policy Bank, the Provincial People's Council determines other categories eligible for loans with lower interest rates than those specified in Clause 3 and Clause 4 of this Article.

9. For funds from organizations and individuals entrusted to the Social Policy Bank, the organizations and individuals determine the borrowers.

10. The Government shall provide detailed regulations on point a, Clause 3 of this Article; prescribe interest rates for loans, loan amounts, loan terms, loan application documents, procedures, and conditions for guaranteeing loans to support job creation, maintain, and expand employment, and loans to support working abroad under contracts as stipulated in Clause 2 of Article 8 of this Law.

Article 10. Policy to Support Occupational Transition and Employment for Workers in Rural Areas

1. Based on strategies, plans, and development programs for the economy and society, the State shall support occupational transition and employment for workers in rural areas.

2. Workers in rural areas participating in occupational transition and employment shall be supported as follows:

a) Loans to support job creation, maintaining, and expanding employment, and loans to support working abroad under contracts as prescribed by this Law;

b) Vocational training support as prescribed by the Government.

Article 11. Public Employment Policy

1. Public employment policy shall be implemented through programs, projects, and activities using state capital linked with economic and social development at the local level.

2. Programs, projects, and activities prescribed in Clause 1 of this Article shall be carried out in the form of participation by the community in tendering as prescribed by the law on bidding.

3. Priority shall be given to public employment for ethnic minority workers; workers from poor households and near-poor households; elderly workers; disabled workers; workers directly nurturing and caring for severely disabled individuals in their households; persons fostering and caring for severely disabled individuals; and workers whose land has been reclaimed and who are eligible for vocational training, occupational transition, and job search support as prescribed by the law on land.

4. The Government shall prescribe the implementation of the public employment policy.

Article 12. Employment Support Policy for Young Workers

1. Shall be supported in vocational training as prescribed by the Government in the following cases:

a) Young people completing military service or national police service obligations;

b) Young volunteers completing tasks under development programs and projects;

c) Young intellectuals volunteering after completing tasks in economic-defense zones.

2. Shall be supported in loans to create jobs, maintain, and expand employment, and loans to support working abroad under contracts as prescribed by this Law.

3. Shall be supported in entrepreneurship and business start-up as prescribed by the law.

Article 13. Employment Support Policy for Elderly Workers

1. Shall be supported in loans to create jobs, maintain, and expand employment as prescribed by this Law.

2. Shall be supported in vocational training and skill enhancement, and assistance in participating in national skill certification as prescribed by this Law.

3. Depending on economic and social conditions during each period and budget balancing capacity, the State shall have policies to support job placement, retraining, and occupational transition for workers to adapt to population aging.

Article 14. Support for Workers Going Abroad Under Contracts

1. Workers falling into one of the following categories shall be supported before going abroad under contracts:

a) Those who have made contributions to the revolution and their relatives;

b) Ethnic minority workers;

c) Workers from poor households and near-poor households;

d) Workers whose land has been reclaimed and who are eligible for vocational training, occupational transition, and job search support as prescribed by the law on land;

đ) Those who have completed military service or national police service obligations;

e) Young volunteers completing tasks under development programs and projects;

g) Young intellectuals volunteering after completing tasks in economic-defense zones.

2. Support measures include:

a) Pre-departure orientation education for working abroad under contracts;

b) Training and skill enhancement to meet the requirements of foreign employers, including language skills;

c) Other expenses for workers going abroad under contracts.

3. The Government shall provide detailed regulations on clause 2 of this Article.

Article 15. Activities to support the development of the labor market

1. The State's responsibilities in supporting the development of the labor market include:

a) Building, managing, operating, exploiting, upgrading the technological infrastructure system, laborer database, and labor market information system;

b) Investing in building, enhancing capacity, modernizing employment service activities of public employment service organizations; developing the national job exchange platform.

2. The funds to ensure the implementation of the provisions stipulated in Clause 1 of this Article shall be sourced from the state budget according to the laws on state budget, laws on public investment, and other sources as prescribed by law.

Chapter III

 LABOR REGISTRATION

Article 16. Principles of labor registration

1. Labor registration procedures and formalities shall be simple, convenient, timely, accurate, transparent, and public.

2. Ensuring the rights and legitimate interests of employers and employees during labor registration.

3. Applying science, technology, and electronic transactions in labor registration.

4. Receiving, updating, and adjusting laborer information into the laborer database and connecting, synchronizing with the National Integrated Database, National Databases, specialized databases, and other databases.

Article 17. Labor Registration Information and Laborer Database

1. Labor registration information of laborers includes:

a) Basic information group: surname, middle name, and given name at birth; individual identification number; date of birth; gender; ethnicity; current place of residence;

b) Education information group: general education, vocational education, higher education, skill certificates, and other certificates;

c) Employment status and employment needs information group;

d) Social insurance and unemployment insurance information group;

e) Other information group about specific characteristics of the registrant.

2. Employers and employees must register and adjust labor registration information when registering for social insurance participation information.

3. Laborers not falling under the category specified in Clause 2 of this Article must submit labor registration and adjustment application forms to the labor registration authority.

4. Information stipulated in Clause 1 of this Article shall be connected, updated, synchronized, and shared from the National Integrated Database, National Databases, specialized databases, and other databases according to this Law, data laws, and other relevant laws.

5. The laborer database shall be centrally built and managed nationwide according to the laws on data.

6. The Government shall provide detailed regulations on this matter; specify the application forms, procedures, and places for labor registration; regulate the reception, management, exploitation, connection, sharing, and utilization of the laborer database.

Article 18. Rights and Obligations of Laborers

1. Laborers have the following rights:

a) To protect their labor registration information according to the laws on personal data protection and other relevant laws;

b) To access their own information in the laborer database;

c) To request competent authorities to adjust and update their labor registration information in the laborer database;

d) To use their own information in the laborer database in transactions, accessing and enjoying employment support policies; evaluating and issuing national skill certificates; job counseling and introduction; unemployment insurance according to this Law.

2. Laborers have the following obligations:

a) To comply with labor registration requirements as stipulated by this Law;

b) To provide complete, accurate, truthful, and timely labor registration information to competent state agencies, employers, and bear responsibility for the provided information;

c) To promptly adjust laborer database information when there are changes as specified in point c of Clause 1 of Article 17 of this Law.

Chapter IV

LABOR MARKET INFORMATION SYSTEM

Article 19. Labor Market Information System

1. The labor market information system consists of infrastructure technology factors, software, and data that are constructed, managed centrally and uniformly nationwide to serve management work, research, policy planning, analysis, and forecasting of the labor market, and to support agencies, organizations, and individuals participating in the labor market.

2. The labor market information system is connected, updated, synchronized, and shares data with the national integrated database, national databases, databases on workers, specialized databases, and other databases to update, share, and exploit information about the labor market.

3. The Government shall provide detailed regulations on this Article.

Article 20. Labor Market Information

1. Labor market information includes:

a) Information on labor supply, labor demand, and connection between labor supply and demand;

b) Information on training and skill levels;

c) Information on job-seeking trends and labor demand;

d) Information on wages and income of workers.

2. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels, within their respective functions, tasks, and authorities, provide and share relevant information and data related to labor market information with the Ministry of Home Affairs.

3. The Government shall provide detailed regulations on this Article.

Article 21. Management, Operation, and Exploitation of the Labor Market Information System

1. The management, operation, and exploitation of labor market information must comply with the provisions of this Law, laws on access to information, laws on data, and other relevant laws.

2. The state management agency for employment has the following responsibilities:

a) Managing, operating, updating, and exploiting the labor market information system to serve research and policy planning work;

b) Analyzing, forecasting, and disseminating labor market information within its authority;

c) Disseminating labor market information on the electronic information pages of the state management agency for employment; mass media, and other lawful methods.

3. Agencies, organizations, and individuals may access, exploit, and use labor market information that has been disseminated.

Chapter V

DEVELOPMENT OF OCCUPATIONAL SKILLS

Article 22. Contents and Support for Occupational Skill Development

1. The development of occupational skills includes the following contents:

a) Building, managing, and implementing the national occupational skill level framework;

b) Building and announcing national occupational skill standards according to the national occupational skill level framework to meet the requirements of the labor market and update with regional and global occupational skill standards; building and developing assessment tools to recognize and issue national occupational skill certificates;

c) Issuing a list of occupations and jobs requiring national occupational skill certificates;

d) Training, upgrading, and enhancing the occupational skill levels of workers in accordance with the law;

đ) Enhancing the capacity of the occupational skill assessment organization system;

e) Recognizing and mutually recognizing national occupational skill certificates between Vietnam and other countries;

g) Ensuring the rights and obligations of workers and employers regarding the enhancement of workers' occupational skill levels in accordance with the law;

h) Building a database on occupational skill development content.

2. Ensuring the participation of relevant parties in occupational skill development.

3. The State supports workers belonging to the following categories when participating in training, upgrading, and enhancing occupational skill levels and assessing and issuing national occupational skill certificates:

a) Those who have made contributions to the revolution and their relatives;

b) Workers from poor households and near-poor households;

c) Persons with disabilities;

d) Elderly persons;

đ) Ethnic minority persons;

e) Persons who have completed military service or public security service obligations;

g) Youth volunteers who have completed tasks under economic and social development programs and projects;

h) Young intellectuals who have volunteered and completed tasks in economic and defense zones;

i) Other categories determined by the Government based on economic and social conditions.

4. The Government shall specify details of this provision; regulations on supporting training, upgrading, and enhancing occupational skill levels and supporting assessment and issuance of national occupational skill certificates.

Article 23. National Qualification Framework and National Occupational Skill Standards

1. The national occupational skill qualification framework is a classification system for levels of occupational skills.

2. National occupational skill standards are established, reviewed, published, and applied according to each level of occupational skills for each occupation and the national occupational skill qualification framework.

3. The Government shall provide detailed regulations on this Article.

Article 24. Assessment and Issuance of National Occupational Skill Certificates

1. A national occupational skill certificate is a document issued by a competent state authority to recognize that a worker has the ability to perform work at a certain level of occupational skills based on the results of the national occupational skill assessment conducted by a national occupational skill assessment organization.

2. An applicant for issuance or reissuance of a national occupational skill certificate shall pay fees as prescribed by laws on fees and charges, except in cases where the error is due to the competent authority.

3. The national occupational skill assessment must comply with the following principles:

a) Ensuring the voluntariness of workers;

b) Based on national occupational skill standards;

c) Accuracy, independence, objectivity, fairness, transparency.

4. The content of the national occupational skill assessment includes:

a) Professional knowledge and technical skills;

b) Practical skills;

c) Safety and hygiene procedures;

d) Other contents specific to the occupation and job.

5. In cases where there is mutual recognition of national occupational skill certificates between Vietnam and other countries, such certificates will be recognized in Vietnam and vice versa.

6. The Government shall provide detailed regulations on this matter; specify the authority, conditions, documents, procedures, and formalities for issuing, reissuing, and revoking national occupational skill certificates; and the mutual recognition of national occupational skill certificates between Vietnam and other countries.

Article 25. National Occupational Skill Assessment Organizations

1. A national occupational skill assessment organization is a legal entity granted a certificate of operation for national occupational skill assessment by a competent state authority when it meets the conditions regarding infrastructure, equipment, assessors, and other personnel.

2. If a national occupational skill assessment organization charges for its service, it must set and publicly display its service prices in accordance with the law on pricing.

3. When applying for issuance or reissuance of a certificate of operation, a national occupational skill assessment organization must pay fees as prescribed by laws on fees and charges, except in cases where the error is due to the competent authority.

4. The Government shall provide detailed regulations on this matter; specify the documents, procedures, and formalities for issuing certificates of operation for national occupational skill assessment organizations.

Article 26. Occupations and Jobs Requiring National Occupational Skill Certificates

1. Workers engaged in occupations or jobs directly affecting the safety and health of workers or the community must hold a national occupational skill certificate.

2. The Government shall issue a list of occupations and jobs requiring national occupational skill certificates.

Chapter VI

LABOR SERVICES

Article 27. Contents and Organization of Labor Services

1. Labor services include counseling and job placement; supplying and recommending workers to employers; collecting, analyzing, storing, and providing information about the labor market.

2. Labor service organizations consist of public labor service organizations and businesses engaged in labor services.

3. Labor service organizations that meet the conditions for electronic transactions in the field of labor services shall conduct electronic transactions with workers and employers in accordance with this Law and the law on electronic transactions.

4. Businesses conducting labor service operations through e-commerce must have a business license for labor services and ensure compliance with the conditions stipulated by the law on e-commerce.

5. The Government shall provide conditions for establishing, organizing, and operating public labor service organizations.

Article 28. Enterprises engaged in employment services

1. An enterprise engaged in employment services is a business established and operating in accordance with the laws on enterprises and granted a license to operate employment services by the competent state agency.

2. An enterprise shall be granted a license to operate employment services when it has material and human resources meeting the requirements for employment service activities, has deposited a bond, and must maintain these conditions throughout its operation.

3. An enterprise engaged in employment services may establish a branch when the branch has material resources meeting the requirements for employment service activities and must notify the specialized agency on employment of the People's Committee of the province where the main office is located before conducting employment service activities.

4. Enterprises engaged in employment services shall self-determine and publicly display the prices of employment services in accordance with the laws on pricing.

5. The Government shall provide detailed regulations for Clause 2 and Clause 3 of this Article; specify the model of the license, application dossier, procedures, and processes for issuing, reissuing, extending, and revoking the license for operating employment services.

Chapter VII

UNEMPLOYMENT INSURANCE

Section 1

PRINCIPLES, OBJECTS, REGIME OF UNEMPLOYMENT INSURANCE

Article 29. Principles of unemployment insurance

1. Ensuring risk sharing among those participating in unemployment insurance.

2. The contribution rate for unemployment insurance is calculated based on the monthly salary of the employee.

3. The benefit level for unemployment insurance is calculated based on the contribution amount and the duration of contributions to unemployment insurance.

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

5. The unemployment insurance fund shall be centrally managed, uniformly, transparently, used for its intended purposes, ensuring safety, growth, and state protection.

Article 30. Unemployment insurance regimes

1. Unemployment insurance regimes include:

a) Job counseling and job introduction;

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

c) Unemployment allowance;

d) Support for employers to train, nurture, and improve the vocational skills of employees to maintain their jobs.

2. In cases of economic crisis, recession, natural disasters, fire, enemy attacks, or dangerous epidemics, based on actual circumstances and the surplus of the unemployment insurance fund, the Government shall stipulate the reduction in the contribution rate for unemployment insurance, financial support, or other forms of support.

Article 31. Objects participating in unemployment insurance

1. Employees eligible to participate in unemployment insurance include:

a) Those working under indefinite-term labor contracts or fixed-term labor contracts of at least one month, including cases where the employee and employer agree on different names but the content reflects paid work and management, direction, and supervision by one party;

b) Employees specified in point a of this clause working part-time with monthly wages equal to or higher than the minimum wage basis for compulsory social insurance as stipulated by the Social Insurance Law;

c) Those working under work contracts;

d) Business managers, supervisors, representatives of business capital according to the law; members of the Board of Directors, General Managers, Directors, members of the Supervisory Board or supervisors, and other management positions elected according to the Cooperative Law if they receive salaries. In cases where employees simultaneously belong to multiple categories of unemployment insurance participants as stipulated in this clause, both the employee and the employer have the responsibility to participate in unemployment insurance along with compulsory social insurance.

2. Employees specified in Clause 1 of this Article who are currently receiving pensions, social insurance allowances, monthly allowances as stipulated by the Government, or meet the conditions for receiving pensions; employees working under probationary labor contracts as stipulated by labor laws; domestic workers are not eligible to participate in unemployment insurance.

3. Employers participating in unemployment insurance include state agencies, public institutions; agencies, units, enterprises under the People's Army, Public Security, and confidential organizations; political organizations, political-social organizations, political-social-professional organizations, social-professional organizations, and other social organizations; foreign agencies and organizations operating in Vietnam; enterprises, cooperatives, cooperatives, cooperative unions, individual businesses, and other entities and individuals hiring or using labor as stipulated in Clause 1 of this Article.

4. The Standing Committee of the National Assembly decides on participation in unemployment insurance for other objects outside those specified in Clause 1 of this Article who have stable and regular employment and income based on the proposal of the Government in line with the socio-economic development conditions at each period.

Section 2

PARTICIPATION AND CONTRIBUTION TO UNEMPLOYMENT INSURANCE

Article 32. Participation in Unemployment Insurance

1. The determination of the subjects participating in unemployment insurance, registration for participation in unemployment insurance, and adjustment of information registered for declaration of participation in unemployment insurance shall be carried out concurrently with the determination of the subjects participating in mandatory social insurance, registration for participation in mandatory social insurance, and adjustment of information registered for declaration of participation in mandatory social insurance, in accordance with the provisions of the Law on Social Insurance.

2. Participation in, contribution to, and receipt of unemployment insurance benefits shall be recorded in the social insurance book according to the provisions of the Law on Social Insurance, serving as the basis for resolving unemployment insurance benefits under this Law.

Article 33. Contribution to Unemployment Insurance

1. The level of contribution and responsibility for contributing to unemployment insurance are stipulated as follows:

a) Workers contribute up to 1% of their monthly salary.

b) Employers contribute up to 1% of the monthly wage fund of workers participating in unemployment insurance.

c) The State supports up to 1% of the monthly wage fund contributed to unemployment insurance for workers participating in unemployment insurance, guaranteed by the central budget.

2. Monthly, employers contribute to unemployment insurance at the level prescribed in point b, Clause 1 of this Article and deduct from each worker's salary at the level prescribed in point a, Clause 1 of this Article to simultaneously contribute to the Unemployment Insurance Fund. For workers prescribed in point a, Clause 1 of Article 31 of this Law who receive piece-rate wages, lump-sum wages at enterprises, cooperatives, cooperatives, cooperative unions, individual businesses operating in agriculture, forestry, fisheries, salt production, the employer registers with the social insurance agency and implements monthly contributions to unemployment insurance, every three months, or every six months. The latest payment deadline is the last day of the month following the contribution cycle.

3. The time of contribution to unemployment insurance by employers and workers is the time of contribution to mandatory social insurance.

4. Workers who do not receive wages for 14 working days or more in a month are exempt from contributing to unemployment insurance for that month.

5. Employers have the responsibility to fully contribute to unemployment insurance. Handling of late or non-payment of unemployment insurance contributions is carried out according to the provisions of the Law on Social Insurance.

6. Employers are entitled to reduce the amount of unemployment insurance contributions due from them for hiring and using disabled workers within a period not exceeding twelve months when newly hiring and using disabled workers.

7. Employers have the responsibility to fully contribute to unemployment insurance according to the regulations for workers when terminating labor contracts, employment contracts, or ceasing work to promptly resolve unemployment insurance benefits for workers. In cases where employers fail to fully contribute to unemployment insurance for workers, they must pay an equivalent amount corresponding to the unemployment insurance benefits that the workers are entitled to receive under the law.

8. The State transfers financial support from the state budget into the Unemployment Insurance Fund.

9. The Government shall provide detailed regulations for Clauses 1, 6, 7, and 8 of this Article.

Article 34. Basis for Unemployment Insurance Contributions

1. The basis for unemployment insurance contributions shall be determined as follows:

a) For workers subject to state-prescribed salary systems, the basis for unemployment insurance contributions is the monthly salary according to position, title, rank, grade, and allowances for position, seniority exceeding the ceiling, occupational seniority, and salary retention coefficient (if applicable).

b) For workers subject to salary systems decided by employers, the basis for unemployment insurance contributions is the monthly salary, including the wage based on job or title, salary allowance, and other supplementary amounts regularly and stably paid each pay period. In cases where workers continue to receive monthly salaries equal to or higher than the minimum mandatory social insurance contribution base while on leave, contributions shall be made based on the salary received during the leave period.

2. The maximum basis for unemployment insurance contributions shall be twenty times the minimum monthly wage level published by the Government at the time of unemployment insurance contribution.

3. Workers participating in unemployment insurance who are temporarily detained or suspended from work shall suspend unemployment insurance contributions with their employers; if the worker receives backpay for the suspended period, both the worker and employer shall make up the contributions for the suspended period and simultaneously make up contributions for mandatory social insurance.

4. The recovery and supplementation of unemployment insurance contributions shall be carried out concurrently with the recovery and supplementation of mandatory social insurance contributions in accordance with laws on social insurance.

5. The Government shall provide detailed regulations on this matter.

Article 35. Duration of Unemployment Insurance Contributions

1. The duration of unemployment insurance contributions for eligibility to receive unemployment benefits is the total period of contributions from the start of unemployment insurance contributions until the termination of the labor contract, employment contract, or cessation of work as prescribed by law without having received unemployment assistance.

2. After ceasing to receive unemployment assistance, subsequent periods of unemployment insurance contributions shall be recalculated from the beginning, except in cases of retention as provided for in Clause 5 and Clause 6 of Article 41 of this Law.

3. The period of unemployment insurance contributions by workers shall not be counted towards entitlement to severance pay or loss-of-job compensation under labor laws and laws on civil servants.

4. The Government shall stipulate the period of unemployment insurance contributions that have been made but not yet utilized for unemployment assistance.

Section 3

COUNSELING, JOB INTRODUCTION AND SUPPORT FOR WORKERS TO PARTICIPATE IN TRAINING AND SKILL ENHANCEMENT

Article 36. Counseling and Job Introduction

1. Workers specified in Clause 1 of Article 31 of this Law who are making unemployment insurance contributions and whose labor contracts, employment contracts, or work have been terminated and who wish to seek employment shall be provided counseling and job introduction services.

2. The Government shall stipulate the procedures for counseling and job introduction.

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

1. Workers receiving unemployment benefits shall be supported to participate in training and improve their vocational skills.

2. In cases where workers do not fall under the provisions of Clause 1 of this Article, they must meet the following conditions:

a) They belong to the category specified in point a of Clause 1 of Article 38 of this Law;

b) They have submitted an application for support to participate in training and improve vocational skills within twelve months from the date of termination of the labor contract, employment contract, or cessation of work;

c) Within ten working days from the date of submitting a complete application for support to participate in training and improve vocational skills, the worker does not fall into any of the following categories: having employment, being subject to mandatory social insurance according to the Social Insurance Law, performing military service, participating in the People's Public Security, or regular militia forces, attending a study program lasting more than twelve months, serving a decision on compulsory education or compulsory drug rehabilitation, being temporarily detained, serving a criminal sentence, emigrating abroad, or dying;

d) They have paid unemployment insurance for at least nine months within the thirty-six months prior to the termination of the labor contract, employment contract, or cessation of work.

3. The period of support for training and improving vocational skills shall be implemented according to the course duration but the total support period shall not exceed six months.

4. The content of support for training and improving vocational skills includes:

a) Tuition fees;

b) Food allowance for workers during the training and improvement of vocational skills period.

5. The Government shall provide detailed regulations on this Article; specify the application forms, procedures, and processes for supporting workers to participate in training and improve vocational skills.

Section 4

UNEMPLOYMENT BENEFITS

Article 38. Conditions for Entitlement

1. Workers specified in Clause 1 of Article 31 of this Law who are paying unemployment insurance shall be entitled to unemployment benefits if they meet the following conditions:

a) Termination of the labor contract, employment contract, or cessation of work in accordance with the law, but not due to any of the circumstances where the worker unilaterally terminates the labor contract in violation of the Labor Code or retires upon meeting the conditions for pension entitlement;

b) They have paid unemployment insurance for at least twelve months within twenty-four months prior to the termination of the labor contract, employment contract, or cessation of work as stipulated by law. In cases where the worker has worked under a fixed-term labor contract for at least one month but less than twelve months, they must have paid unemployment insurance for at least twelve months within thirty-six months prior to the termination of the labor contract;

c) They have submitted a complete application for unemployment benefits within three months from the date of termination of the labor contract, employment contract, or cessation of work;

d) Within ten working days from the date of submitting a complete application for unemployment benefits, the worker does not fall into any of the following categories: having employment, being subject to mandatory social insurance according to the Social Insurance Law, performing military service, participating in the People's Public Security, or regular militia forces, attending a study program lasting more than twelve months, serving a decision on compulsory education or compulsory drug rehabilitation, being temporarily detained, serving a criminal sentence, emigrating abroad, or dying.

2. The Government shall provide detailed regulations for this Article.

Article 39. Amount of Unemployment Benefit, Duration of Payment, Time of Payment, and Documents, Procedures, and Formalities for Receiving Unemployment Benefit

1. The monthly amount of unemployment benefit is equal to 60% of the average monthly salary paid for unemployment insurance contributions over the six months immediately preceding the termination of the labor contract, employment contract, or cessation of work, but not exceeding five times the minimum wage rate applicable in the region as announced by the Government in the last month of unemployment insurance contributions.

2. The duration of unemployment benefit payment is calculated based on the number of months of unemployment insurance contributions. For every twelve months of contributions from twelve to thirty-six months, three months of unemployment benefit will be received. Thereafter, for each additional twelve months of contributions, one additional month of unemployment benefit will be received, but the maximum duration of unemployment benefit payment shall not exceed twelve months.

3. The time of receiving unemployment benefit is the eleventh working day following the submission of complete documents for unemployment benefit.

4. Workers receiving unemployment benefits are entitled to health insurance benefits under the laws on health insurance, including periods during which unemployment benefit payments are temporarily suspended according to Clause 2, Article 41 of this Law. Workers receiving unemployment benefits have their health insurance premiums paid by the Social Insurance Agency from the Unemployment Insurance Fund.

5. The Government shall provide detailed regulations for Clause 1 and Clause 2 of this Article; and specify the documents, procedures, and formalities for receiving unemployment benefits.

Article 40. Obligation to Report Job Search Activities of Workers

1. During the period of receiving unemployment benefits, workers must report their job search activities to the public employment service organization where they are receiving unemployment benefits on a monthly basis.

2. The Government shall provide detailed regulations for this Article.

Article 41. Transfer of Place of Receipt, Suspension, Continuation, Termination, and Cancellation of Unemployment Benefits

1. During the period of receiving unemployment benefits, workers may transfer the place of receipt of unemployment benefits if necessary.

2. Workers receiving unemployment benefits will have their unemployment benefits suspended if they fail to report their job search activities on a monthly basis as stipulated in Article 40 of this Law. Workers will not receive unemployment benefit payments during the suspension period, and such period will not be preserved.

3. If workers whose unemployment benefits have been suspended still have remaining entitlements to unemployment benefits, they can resume receiving unemployment benefits upon complying with the requirement to report their job search activities on a monthly basis as stipulated in Article 40 of this Law.

4. Workers receiving unemployment benefits will have their unemployment benefits terminated if they fall into any of the following situations:

a) They have obtained employment and are subject to mandatory social insurance contributions as prescribed in the Social Insurance Law;

b) They are performing military service, participating in the People's Public Security Force, or serving in the Reserve Militia;

c) They are receiving monthly pension payments;

d) They refuse job offers made by the public employment service organization where they are receiving unemployment benefits without justifiable reasons, twice;

đ) They fail to report their job search activities on a monthly basis as stipulated in Article 40 of this Law for three consecutive months;

e) They leave the country to settle abroad;

g) They enroll in a study program lasting more than twelve months;

h) They are administratively penalized for violating laws related to unemployment insurance;

i) They die;

k) They are subjected to compulsory educational measures or compulsory drug rehabilitation measures;

l) They are declared missing by a court;

m) They are detained or serving a criminal sentence;

n) At the worker’s request.

5. Workers whose unemployment benefits are terminated due to the circumstances specified in points a, b, g, k, l, m, and n of Clause 4 of this Article will have their unemployment insurance contribution periods preserved as the basis for calculating the duration of unemployment benefit payments for the next period, except when they fail to report their status as required by points a, b, g, k, l, m, and n of Clause 4 of this Article.

6. The Government shall provide detailed regulations for this Article; and specify cases of cancellation of unemployment benefits and the preservation of unemployment insurance contribution periods when unemployment benefits are terminated.

Section 5

SUPPORTING EMPLOYERS TO TRAIN, ENRICH, AND IMPROVE THE SKILL LEVEL OF WORKERS TO MAINTAIN EMPLOYMENT

Article 42. Support for employers to train, enhance, and improve vocational skills to maintain employment for workers participating in unemployment insurance

1. Employers shall be supported in cases where employment or there is a risk of affecting employment of many workers participating in unemployment insurance as follows:

a) Changing structure, technology, or due to economic reasons as prescribed in the Labor Code;

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

c) Implementing decisions of state agencies with competent authority regarding relocation or reduction of production and business sites.

d) Other cases as prescribed by the Government.

2. Employers shall be supported when they meet the following conditions:

a) Paying unemployment insurance contributions for at least 12 months within a period of 24 months up to the time of requesting support;

b) Having a training, enhancement, and improvement plan for vocational skills to maintain employment.

3. The duration of support for training, enhancing, and improving vocational skills to maintain employment for workers depends on the course and study period, but the total support period shall not exceed six months.

4. The Government shall provide detailed regulations for this Article; specify the level of support, application forms, procedures, and processes for supporting employers to train, enhance, and improve vocational skills to maintain employment for workers.

Chapter 6

UNEMPLOYMENT INSURANCE FUND

Article 43. Unemployment Insurance Fund

1. The Unemployment Insurance Fund is an independent financial fund separate from the State budget; it is accounted for, recorded, financial statements are prepared, and internal audits are conducted according to accounting laws and other relevant laws.

2. Every three years, the National Audit Office shall conduct an audit of the Unemployment Insurance Fund, investment activities, and report the results to the National Assembly. Upon request of the National Assembly, the Standing Committee of the National Assembly, or the Government, the Unemployment Insurance Fund may be subject to surprise audits.

Article 44. Sources of Formation of the Unemployment Insurance Fund

1. Amounts paid and supported as stipulated in Clause 1 of Article 33 of this Law.

2. Profits from the operation of investments of the Unemployment Insurance Fund.

3. Other lawful revenues as prescribed by law.

Article 45. Use of the Unemployment Insurance Fund

1. Payment of unemployment insurance benefits.

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

3. Payment of health insurance contributions for persons receiving unemployment assistance.

4. Organization and operation of unemployment insurance.

5. Investment to preserve and increase the fund.

Article 46. Expenditure for the Organization and Operation of Unemployment Insurance

1. Expenditure for the organization and operation of unemployment insurance includes the following contents:

a) Propaganda, dissemination, answering questions, consulting policies and laws on unemployment insurance; training and enhancing professional knowledge and skills related to unemployment insurance;

b) Administrative reform in unemployment insurance; developing, managing participants and beneficiaries of unemployment insurance;

c) Investment, upgrading, renovation, expansion, maintenance, repair of assets, leasing, purchasing goods and services related to management and operation of unemployment insurance;

d) Organizing collection, processing, and payment of unemployment insurance and activities of the agency implementing unemployment insurance policy.

2. The level of expenditure for the organization and operation of unemployment insurance is calculated based on a percentage of the budget estimate for unemployment insurance revenue and expenditure, excluding the amount spent on health insurance contributions for persons receiving unemployment assistance and is deducted from the Unemployment Insurance Fund.

3. Every three years, the Government shall report to the Standing Committee of the National Assembly to decide on the level of expenditure for the organization and operation of unemployment insurance along with the level of expenditure for the organization and operation of social insurance.

4. The National Audit Office shall conduct annual audits of the final accounts of expenditure for the organization and operation of unemployment insurance.

5. The Government shall provide detailed regulations on Clause 1 and Clause 2 of this Article.

Article 47. Management of Unemployment Insurance Fund Investment Activities

1. The Unemployment Insurance Fund shall be invested and accounted for independently.

2. Unemployment Insurance Fund investment activities must ensure safety, sustainability, and effectiveness; they must be monitored, risk managed, and risk reserves established.

3. The Government shall stipulate the investment of the Unemployment Insurance Fund, the monitoring and risk management of investments, and the establishment and utilization of risk reserves.

Article 48. Responsibilities of the Government regarding unemployment insurance

1. To decide or submit to competent authorities for decision on measures to handle and support situations deemed necessary to protect workers' and employers' legitimate rights and interests concerning unemployment insurance.

2. Annually report to the National Assembly on the implementation of unemployment insurance policies and systems, the management and use of the Unemployment Insurance Fund within the annual report on social insurance policies and systems, and the management and use of the Social Insurance Fund as prescribed.

3. Prescribe the procedures for finalizing accounts and assign state administrative agencies to approve, audit, and certify final accounts for organizational and operational expenditures related to unemployment insurance.

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

Section 7

PETITION AND REPORTS ON UNEMPLOYMENT INSURANCE

Article 49. Right to Petition Regarding Unemployment Insurance

Agencies, organizations, and individuals have the right to request competent authorities to review decisions or actions of agencies, organizations, or individuals if there is evidence that such decisions or actions violate laws on unemployment insurance and infringe upon their lawful rights and interests.

Article 50. Petitions and Resolution of Petitions Concerning Administrative Decisions and Actions on Unemployment Insurance; Decisions and Actions in Labor Inspection Activities Related to Unemployment Insurance

1. Petitions and resolution of petitions concerning administrative decisions and actions on unemployment insurance shall be carried out in accordance with the law on petitions, except for cases stipulated in Clause 2 of this Article.

2. Petitions and resolution of petitions concerning administrative decisions and actions, and other decisions and actions in labor inspection activities related to unemployment insurance shall be carried out in accordance with the law on labor inspections.

Article 51. Petitions and Resolution of Petitions; Initiating Legal Proceedings Against Decisions and Actions on Unemployment Insurance

1. Decisions and actions on unemployment insurance refer to decisions and actions of social insurance agencies, public employment service organizations, or authorized persons within these agencies or organizations who perform or fail to perform their duties as prescribed by the law on unemployment insurance.

2. Petitions against decisions and actions on unemployment insurance shall be conducted as follows:

a) When there is evidence that decisions or actions on unemployment insurance are contrary to the law and infringe upon one's lawful rights and interests, the petitioner may file a first petition with the social insurance agency or public employment service organization where the decision or action was made, or initiate legal proceedings at the court according to the law;

b) If the petitioner disagrees with the result of the first petition resolution by the social insurance agency or if the petition has not been resolved within the prescribed time limit, the petitioner has the right to file a second petition with the head of the directly superior agency or initiate legal proceedings at the court according to the law. In case the petitioner disagrees with the result of the first petition resolution by the public employment service organization or if the petition has not been resolved within the prescribed time limit, the petitioner has the right to file a second petition with the head of the labor department of the provincial People's Committee or initiate legal proceedings at the court according to the law;

c) If the petitioner disagrees with the decision on resolving the second petition or if the petition has not been resolved within the prescribed time limit, the petitioner has the right to initiate legal proceedings at the court according to the law.

3. Competent authority to resolve petitions against decisions and actions on unemployment insurance of social insurance agencies and public employment service organizations is as follows:

a) The head of the social insurance agency or public employment service organization has the authority to resolve the first petition against decisions and actions on unemployment insurance made by themselves or by persons under their direct management;

b) The head of the directly superior agency of the social insurance agency has the authority to resolve the second petition against decisions and actions on unemployment insurance that have been initially resolved by the subordinate social insurance agency but remain contested or have exceeded the initial petition resolution time limit without resolution;

c) The head of the labor department of the provincial People's Committee has the authority to resolve the second petition against decisions and actions on unemployment insurance that have been initially resolved by the public employment service organization but remain contested or have exceeded the initial petition resolution time limit without resolution.

4. The statute of limitations for petitions, procedures, and processes for resolving petitions on unemployment insurance shall be implemented in accordance with the law on petitions.

Article 52. Reporting and Handling Reports on Unemployment Insurance

1. The reporting and handling of reports concerning violations of laws in the performance of duties and public services related to unemployment insurance, and violations of laws in state management in the field of unemployment insurance shall be carried out in accordance with the provisions of the law on reporting.

2. Social insurance agencies and public employment service organizations have the responsibility to handle reports of violations of laws in the implementation of regulations on unemployment insurance.

3. The procedures and formalities for reporting and handling reports of violations of laws as stipulated in Clause 2 of this Article shall be implemented in accordance with the provisions of the law on reporting.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 53. Amending and Supplementing Law on Fees and Charges No. 97/2015/QH13 which has been amended and supplemented by Laws No. 09/2017/QH14, No. 23/2018/QH14, No. 72/2020/QH14, No. 16/2023/QH15, No. 20/2023/QH15, No. 24/2023/QH15, No. 33/2024/QH15, and No. 35/2024/QH15

Add item numbers 36 and 37 after item number 35 in Part B, Section III of Appendix 01 on the List of Fees and Charges as follows: 36 Fee for issuing a certificate of national vocational skill assessment Ministry of Finance 37 Fee for issuing a national vocational skill certificate Ministry of Finance

Article 54. Effective Date

1. This Law shall take effect from January 1, 2026.

2. Labor Law No. 38/2013/QH13 which has been amended and supplemented by Law No. 41/2024/QH15 shall cease to be effective from the date this Law comes into force, except for the cases stipulated in Clauses 1, 2, and 3 of Article 55 of this Law.

Article 55. Transitional Provisions

1. Transfer the National Employment Fund into the central government budget to provide capital for policy banks to lend for job creation according to the Government's regulations.

2. Borrowers who have signed credit contracts with the Policy Bank using funds from the National Employment Fund and other preferential credit sources under the Labor Law No. 38/2013/QH13 which has been amended and supplemented by Law No. 41/2024/QH15 before the effective date of this Law shall continue to implement their contracts until completion.

3. Organizations that have been granted certificates for national vocational skill assessment activities before the effective date of this Law may continue their operations based on the certificates they have received.

4. Workers and employers who have submitted applications for unemployment insurance benefits before the effective date of this Law but have not yet received benefit decisions shall follow the provisions of this Law.