Luật Việc làm năm 2025 số 74/2025/QH15: Toàn văn, mới nhất

 

LAW ON EMPLOYMENT

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

The National Assembly hereby promulgates the Law on Employment

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law provides for job creation support policies, employee registration, labor market information, occupational skills development, employment services, unemployment insurance and state management of employment.

Article 2. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “Employee” means a Vietnamese citizen who is 15 years or older, has ability to work and seeks employment. In the case of minor employees, it is necessary to ensure compliance with the conditions stipulated by the Labor Code.

2. “Employment” refers to income-generating working activity which is not prohibited by law.

3. “National qualifications standards” mean requirements in terms of professional knowledge, technical skills, practical skills, and application capabilities that employees must possess in order to perform their work depending on the skill levels of each occupation.

4. “Unemployment insurance” means a mandatory insurance organized by the State in which employees and employers participate in order to get support for employee retention, job training, counseling and placement, and to pay partial income to employees who lose their jobs on the basis of making contributions to the Unemployment Insurance Fund.

5. “Public employment” means paid temporary work which is created through the implementation of state-funded programs, projects or activities in administrative divisions.

6. “Employee database” refers to a collection of data on employees that is organized and structured for access, extraction, sharing, management, and updating.

7. “Employment discrimination” means an act of practicing discrimination, exclusion, or preference based on race, skin color, national origin or social origin, ethnicity, gender, age, pregnancy status, marital status, religion, beliefs, disability, illness, or family responsibilities that affect equality of opportunity in employment or profession, except in cases that stem from specific job requirements aimed at maintaining and protecting employment for vulnerable employees.

Article 3. Principles of employment

1. Ensuring the employees’ right to work and freely choose jobs and workplaces.

2. Ensuring the equality in employment opportunities, salaries and incomes.

3. Ensuring that employees work under conditions of occupational safety and hygiene.

Article 4. State’s policies on employment

1. Facilitate the socio-economic development aiming to create jobs for employees, identify job creation objectives in socio-economic development strategies, planning and plans; foster job creation in the private sector; allocate resources for the implementation of policies and strategies related to employment and occupational skills development; advance unemployment insurance policies.

2. Provide free job consultancy and placement services for employees and freely provide labor market information through public employment service providers.

3. Promote the labor restructuring in accordance with the economic structure and towards sustainability.

4. Provide support for job creation, self-employment and career change.

5. Provide support for the development of the labor market, give priority over the investment in infrastructure to meet the requirements of digital transformation.

6. Encourage the occupational skills development, job creation in the fields of science, technology, innovation, digital transformation, circular economy, and green economy.

7. Encourage organizations and individuals to support and implement activities for occupational skills development; participate in training, retraining, job creation, self-employment, and employee retention towards sustainable development.

Article 5. Prohibited acts

1. Employment discrimination.

2. Fraud and forgery of documents in the implementation of employment policies, employment services, evaluation, and issuance of national vocational qualifications (National certificates).

3. Exploitation of employment service activities that infringe upon national sovereignty, defense, security, national and ethnic interests, social order, public safety, public interests, and legal rights and interests of agencies, organizations, and individuals.

4. Extraction, sharing, trading, exchange, appropriation, and unlawful use of information and data within the employee database and labor market information.

Article 6. State management of employment

1. The content of state management of employment includes:

a) Issuance and organization of the implementation of legislative documents on employment;

b) Dissemination and education of the law on employment;

c) Management of employees, labor market information, occupational skills development, job creation support policies, employment services and unemployment insurance;

d) Inspection and supervision of the implementation of policies and laws on employment; handling of complaints and denunciations, and handling of violations of employment laws;

dd) International cooperation on employment.

2. The responsibilities of the state management of employment are stipulated as follows:

a) The Government shall uniformly perform the state management of employment;

b) The Ministry of Home Affairs is the key agency assisting the Government in performing state management of employment;

c) Ministries and ministerial agencies, under their jurisdiction, are responsible for cooperating with the Ministry of Home Affairs in performing state management of employment;

d) The People’s Committees at all levels, within their jurisdiction, shall perform state management of employment in their divisions.

Article 7. Responsibilities of agencies, organizations and individuals in terms of employment

1. The Vietnamese Fatherland Front and its member organizations, within their jurisdiction, are responsible for disseminating and mobilizing agencies, organizations, and individuals to create jobs for workers; carrying out supervision and social criticism in the development and implementation of policies and laws on employment as stipulated by law.

2. Agencies and organizations, within their jurisdiction, are responsible for disseminating policies and laws on employment; creating jobs; and protecting the legal rights and interests of employees and employers in accordance with laws.

3. Individuals are responsible for proactively seeking employment and participating in job creation, as well as enhancing their occupational skills.

Chapter II

JOB CREATION SUPPORT POLICIES

Article 8. State credit for job creation

1. The State will extend credit lines for supporting the job creation, employee retention and employment expansion, and assisting guest workers through the Vietnam Banks for Social Policies (VBSPs) from the borrowed capital for job creation.

2. The borrowed capital for job creation includes:

a) The central budget allocated to VBSP;

b) Local government budgets entrusted to VBSP;

c) Capital raised by VBSP with interest rate and management fee subsidization by the State budget;

d) Capital sourced from organizations and individuals entrusted to VBSPs.

3. Based on the local government budget balancing capacity and the demand for job creation, the provincial People's Councils shall decide the allocation of capital from the local government budgets and other legal funding sources, assign the provincial People’s Committees to delegate VBSPs to arrange loans for job creation.

Article 9. Lending for job creation

1. Entities eligible for taking out loans for supporting job creation, employee retention, and employment expansion include:

a) Small- and medium-sized enterprises, cooperatives, cooperative unions, artels and household businesses (hereinafter referred to as “businesses”);

b) Employees.

2. Entities eligible for taking out loans for supporting guest workers are guest workers.

3. Entities eligible for taking out loans for supporting job creation, employee retention, and employment expansion at a lower interest rate include:

a) Businesses that employ a significant number of disabled individuals, ethnic minorities, individuals who have completed their prison sentences, individuals who have fully comply with decisions to be placed in rehabilitation centers or reform schools;

b) Employees who are members of ethnic minorities belonging to poor households;

c) Workers who are Kinh ethnic individuals from poor households living in extremely disadvantaged areas as stipulated by the Government;

d) Employees who are persons with disabilities; employees in households who are directly nurturing and caring for persons with severe disabilities; employees who are fostering and caring for persons with severe disabilities;

d) Other entities determined by the Government based on the socio-economic situation and the requirements for lending for job creation.

4. Entities eligible for taking out loans for supporting guest workers at a lower interest rate include:

a) Employees who are members of ethnic minorities belonging to poor households;

b) Workers who are Kinh ethnic individuals from poor households living in extremely disadvantaged areas as stipulated by the Government;

c) Other entities determined by the Government based on the socio-economic situation and the requirements for lending for job creation.

5. Businesses shall be eligible for taking out loans for supporting job creation, employee retention or employment expansion if they meet the following requirements:

a) Having a feasible loan use plan that is suitable for the production and business industry and sector to support job creation, employee retention or employment expansion;

b) Implementing the loan security in accordance with the provisions of the law.

6. Employees shall be eligible for taking out loans for supporting job creation, employee retention or employment expansion if they meet the following requirements:

a) Having full legal capacity;

b) Having a loan use plan for job creation, employee retention or employment expansion.

7. Employees shall be eligible for taking out loans for supporting work overseas under contracts if they fully meet the following requirements:

a) Having full legal capacity;

a) Having signed a contract with service enterprises or public service providers for sending employees to work abroad under contracts as stipulated by law;

c) Implementing the loan security in accordance with the provisions of the law.

8. For the local budget capital entrusted to the VBSP, the provincial People's Councils shall decide other entities apart from those specified in Clauses 3 and 4 of this Article eligible for taking out loans at a lower interest rate.

9. For the capital sources entrusted by organizations and individuals to the VBSP, the eligibility for taking out loans shall be decided by the trustors.

10. The Government shall elaborate point a, clause 3 of this Article; regulate loan interest rates, loan amounts, loan terms, applications, procedures and conditions for securing loans for supporting job creation, employee retention, employment expansion, as well as loans for supporting work abroad under contracts, for the borrowed capital specified in clause 2, Article 8 of this Law.

Article 10. Policy on support for job change for employees in rural areas

1. Based on socio-economic development plans, planning and strategies, the State shall provide support for job change for employees in rural areas.

2. Employees in rural areas involved in job change shall be provided support as follows:

a) Taking out loans for supporting job creation, employee retention, employment expansion and loans for supporting work abroad under contracts in accordance with the provisions of this Law;

b) Supporting vocational training in accordance with the regulations of the Government.

Article 11. Public employment policies

1. Public employment policies are implemented through state-funded programs, projects or activities associated with socio-economic development programs in administrative divisions, including.

2. Contractor selection in the form of community participation is allowed for the programs, projects, and activities specified in Clause 1 of this Article in accordance with the provisions of the law on procurement.

3. Priority over employment participation shall be given to workers who are ethnic minorities; individuals from poor and near-poor households; the elderly; persons with disabilities; individuals in households directly caring for individuals with severe disabilities; individuals fostering or caring for those with severe disabilities; and individuals whose land has been repossessed and who are eligible for support in vocational training, job change, and job searching in accordance with the regulations of the land law.

4. The Government shall regulate the implementation of public employment policies.

Article 12. Job creation support policies for young employees

1. Applying vocational training support as regulated by the Government in the following cases:

a) The youth who have fulfill their military service obligations and their duties in the People's Police;

b) Volunteers who have fulfill their duties in implementing economic and social development programs and projects;

c) Voluntary young intellectuals after completing their mission at economic-defense zones.

2. Taking out loans for supporting job creation, employee retention, employment expansion and loans for supporting work abroad under contracts in accordance with the provisions of this Law;

3. Receiving support in establishing and initiating business in accordance with the legal regulations.

Article 13. Job creation support policies for elderly employees

1. Taking out loans for supporting job creation, employee retention, employment expansion as prescribed by this Law.

2. Receiving support in training and enhancing occupational skills, as well as to receiving assistance in participating in assessments and obtaining national vocational qualifications in accordance with the provisions of this Law.

3. Based on the socio-economic conditions in each period and the capacity of the budget balance, the State has policies to support job creation, retraining, and vocational change for employees in order to adapt to an aging population.

Article 14. Support for guest workers

1. Employees in one of the following cases are entitled to support before working abroad under contract:

a) Revolutionary contributors and their relatives;

b) Ethnic minority people;

c) Individuals from poor and near-poor households;

d) Individuals whose land is repossessed eligible for support in training, job change, and job search in accordance with the law on land.

dd) The youth who have fulfilled their military service obligations and their duties in the People's Police;

e) Volunteers who have fulfilled their duties in implementing economic and social development programs and projects;

g) Voluntary young intellectuals after completing their mission at economic-defense zones.

2. The support scheme includes:

a) Orientation education before working abroad under contract;

b) Training and refresher training in improving occupational skills and foreign language proficiency to meet the requirements of foreign entities receiving labor;

c) Other expenses for guest workers.

3. The Government of Vietnam shall elaborate clause 2 of this Article.

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

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

a) Develop, manage, operate, extract, and upgrade the technology infrastructure system, employee database, and labor market information system;

b) b) Invest in constructing, enhancing capabilities, and modernizing the employment services operations of public employment service organizations; develop the national job exchange.

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

Chapter III

EMPLOYEE REGISTRATION

Article 16. Principles of employee registration

1. Be simple, convenient, timely, accurate, public, and transparent in the procedures and processes of employee registration.

2. Ensure the legal rights and interests of employers and employees upon employee registration.

3. Apply science, technology, and electronic transactions in employee registration.

4. Receive, update, and adjust information about employees into the employee database, and connect and synchronize them with the national comprehensive database, the national database, specialized databases, and other databases.

Article 17. Employee registration information and employee database

1. The employee registration information of an employee includes:

a) Basic information group: surname, middle name, and birth name; personal identification number (PIN); date, month, year of birth; gender; ethnicity; current residence;

b) Group of information on general education, vocational education, higher education, skill certification, and other certificates;

c) Group of information on employment status and employment demand;

d) Group of information on social insurance and unemployment insurance;

dd) Group of information on characteristics and specific traits of the registrant.

2. Employers and employees shall register and adjust employee registration information when registering or adjusting social insurance participation information.

3. Employees not included in the entities specified in Clause 2 of this Article who register or adjust their employee registration information shall submit applications for registration or adjustment to employee registration authorities.

4. The information stipulated in clause 1 of this Article shall be connected, updated, synchronized, and shared from the national comprehensive database, national database, specialized databases, and other databases in accordance with the provisions of this Law, data laws, and other relevant legal regulations.

5. Employee databases shall be centrally and uniformly developed and managed nationwide in accordance with data laws.

6. The Government shall elaborate this Article; applications, procedures, and employee registration authorities; the reception, management, extraction, connection, sharing, and use of the employee database.

Article 18. Rights and obligations of employees

1. Employees shall have the following rights:

a) Have their employee registration information protected in accordance with personal data protection laws and other relevant laws;

b) Extract personal information from the employee database;

c) Have their employee registration information in the employee database adjusted or updated by competent authorities;

d) Use personal information in the employee database in transactions, approach and benefit from job creation support policies; be evaluated and issued with national vocational qualifications; be provided with job consultancy and placement services; receive unemployment insurance in accordance with the provisions of this Law.

2. Employees shall have the following obligations:

a) Carry out the employee registration in accordance with the provisions of this Law;

b) Provide complete, accurate, truthful, and timely information regarding employee registration to the competent state authorities and employers, and be responsible for the information provided;

c) Promptly adjust information in the employee database when there are changes as stipulated in point c, clause 1 of Article 17 of this Law.

Chapter IV

LABOR MARKET INFORMATION SYSTEM

Article 19. Labor market information system

1. Labor market information system is a comprehensive integration of technological infrastructure, software, and data that are centrally and uniformly developed and managed nationwide to serve the purposes of management, research, policy formulation, analysis, forecasting of labor market, and to support agencies, organizations, and individuals in participating in the labor market.

2. The labor market information system shall be connected, updated, synchronized, and share the national comprehensive database, national database, employee database, specialized databases, and other databases to update, share, and extract information about the labor market.

3. The Government of Vietnam shall elaborate this Article.

Article 20. Labor market information

1. Labor market information shall include:

a) Information about labor supply, labor demand, and the connection between labor supply and demand;

b) Information about vocational training and skill level;

c) Information about job search trends and labor demand;

d) Information on salaries and income of employees.

2. The ministries, ministerial agencies, governmental agencies, and the People's Committees at all levels, within their jurisdiction, shall provide and share information and data related to labor market information with the Ministry of Home Affairs.

3. The Government of Vietnam shall elaborate this Article.

Article 21. Management, operation and extraction of labor market information system

1. Management, operation and extraction of labor market information system must comply with this Law, the law on information access, the law on data and other relevant laws.

2. Employment authorities shall:

a) Manage, operate, update, and utilize the labor market information system to serve policy formulation and research tasks;

b) Analyze, forecast, and disseminate labor market information within their jurisdiction;

c) Disseminate labor market information on websites of employment authorities; mass media, and other legal means.

3. Agencies, organizations, and individuals are permitted to access, extract, and use labor market information that has been disseminated.

Chapter V

OCCUPATIONAL SKILL DEVELOPMENT

Article 22. Contents and support in occupational skill development

1. The occupational skill development shall include the following contents:

a) Build, manage and implement the national qualifications framework;

b) Develop and publish national qualifications standards according to the national qualifications framework to meet labor market demands and to be updated with the qualifications standards and levels of the region and the world; create and develop evaluation tools to recognize and issue national vocational qualifications.

c) Issue a list of occupations and jobs that require a national vocational qualification;

d) Provide training, refresher training in enhancing occupational skill levels of employees in accordance with the provisions of the law;

dd) Enhance the capacity of the occupational skill assessment organization system;

e) Grant mutual recognition and acknowledgment of national vocational qualifications between Vietnam and other countries;

g) Ensure the rights and obligations of employees and employers in terms of the enhancement of employees’ occupational skills as stipulated by law;

h) Establish a database on the contents of occupational skill development.

2. Involved parties must participate in the occupational skill development.

3. The State shall provide support to the following entities when they participate in training, refresher training in enhancing occupational skill levels, and carry out evaluations and grant national vocational qualifications:

a) Revolutionary contributors and their relatives;

b) Individuals from poor and near-poor households;

c) Persons with disabilities;

d) The elderly;

dd) Ethnic minority people;

e) The youth who have fulfilled their military service obligations and their duties in the People's Police;

g) Volunteers who have fulfilled their duties in implementing economic and social development programs and projects;

h) Voluntary young intellectuals after completing their mission at economic-defense zones.

i) Other entities decided by the Government on the basis of the socio-economic conditions.

4. The Government shall elaborate this Article; stipulate the support for training, refresher training in enhancing occupational skills, as well as the support for carrying out evaluations and issuing national vocational qualifications.

Article 23. Qualifications framework and national qualifications standards

1. The national qualifications framework is a classification framework of occupational skills levels.

2. The national qualifications standards are developed, evaluated, published, and applied according to each level of occupational skills for each occupation and the qualifications framework of national occupational skills.

3. The Government of Vietnam shall elaborate this Article.

Article 24. Evaluation and issuance of national vocational qualifications

1. The national vocational qualification is a document issued by a competent state authority to recognize that an employee possesses the necessary ability to perform the job to the standards required for a certain skill level in a profession, based on the results of occupational skill assessments conducted by the national occupational skill assessment organization.

2. Individuals who propose to issue or reissue the national vocational qualification must pay fees in accordance with laws on fees and charges, except in cases of fault by the competent authority.

3. The assessment of national occupational skills must adhere to the following principles:

a) Ensure the voluntary participation of employees;

b) Based on the national qualifications standards;

c) Be accurate, independent, objective, fair, transparent.

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

a) Specialized knowledge and technical skills;

b) Practical skills;

c) Occupational safety and hygiene procedures;

d) Other contents according to the specific nature of the profession and work.

5. In cases where there is mutual recognition and acknowledgment of national vocational qualifications between Vietnam and other countries, the occupational skill certificate from that country shall be valid in Vietnam and vice versa.

6. The Government shall elaborate this Article; regulate the authority, conditions, applications, procedures for issuing, reissuing, and revoking national vocational qualifications; as well as the mutual recognition and acknowledgment of national vocational qualifications between Vietnam and other countries.

Article 25. National occupational skills assessment organizations

1. A national occupational skills assessment organization is a legal entity that is granted a certificate of national occupational skills assessment by the competent state authority when it meets the requirements regarding facilities, equipment, evaluators, and other personnel.

2. National occupational skills assessment organizations that collect service charges for national occupational skills assessment must self-assess and publicly list the service charges in accordance with price laws.

3. National occupational skills assessment organizations that propose the issuance and reissuance of operational certificates must pay charges in accordance with laws on fees and charges, except in cases where errors are due to the competent authorities.

4. The Government shall elaborate this Article; regulate applications and procedures for issuing certificates of national occupational skill assessment.

Article 26. Professions and jobs that require national vocational qualifications

1. Employees engaged in occupations or jobs that directly affect the safety and health of themselves or the community must possess a national vocational qualification.

2. The Government shall issue a list of occupations and jobs that require a national vocational qualification.

Chapter VI

EMPLOYMENT SERVICES

Article 27. Content of employment services and employment service providers

1. Employment services include consulting, job placement; provision and introduction of employees for employers; collection, analysis, storage, and provision of information on the labor market.

2. Employment service providers include public employment service providers and enterprises providing employment services.

3. Employment service providers that meet the conditions for conducting electronic transactions in the field of employment services shall carry out electronic transactions with employees and employers in accordance with the provisions of this Law and the regulations of the law on electronic transactions.

4. The provision of employment services by e-commerce means shall only be carried out by enterprises granted a license to provide employment services, provided that the conditions stipulated by the law on e-commerce are met.

5. The Government shall stipulate the conditions for the establishment, organization, and operation of public employment service providers.

Article 28. Enterprises providing employment services

1. An enterprise providing employment services is an entity established and operating in accordance with the laws governing enterprises and is granted a license to provide employment services by the competent state authority.

2. An enterprise is granted a license to provide employment services when it has the necessary facilities and personnel that meet the requirements for providing employment services, has deposited the required guarantees, and these conditions are maintained throughout the duration of its operations.

3. Enterprises providing employment services are authorized to establish branches when the branches have the necessary facilities to meet the requirements for providing employment services. They must notify the specialized employment authority of the provincial People's Committee where the headquarters is located before commencing employment service operations.

4. Enterprises providing employment services shall self-assess and post prices for employment services in accordance with the regulations of law on pricing.

5. The Government shall elaborate Clauses 2 and 3 of this Article; stipulate the format of the licenses, the applications, the procedures for issuing, reissuing, renewing/extending, and revoking licenses to provide employment services.

Chapter VII

UNEMPLOYMENT INSURANCE

Section 1. PRINCIPLES, ELIGIBLE PARTICIPANTS AND UNEMPLOYMENT INSURANCE PAYOUTS

Article 29. Principles of unemployment insurance

1. Ensuring the sharing of risks among participants in unemployment insurance.

2. The unemployment insurance premiums shall be calculated based on monthly salaries of employees.

3. The unemployment insurance benefits shall be calculated based on premium rates and the period of unemployment insurance premium payment.

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

5. The unemployment insurance fund shall be managed in a centralized, unified, public, and transparent manner; it is used for its intended purpose; ensuring safety, growth, and it is protected by the State.

Article 30. Unemployment insurance schemes

1. Unemployment insurance schemes include:

a) Job counseling and placement;

b) Support for employees in participating in training to enhance their occupational skills;

c) Unemployment benefits;

d) Support for employers in providing training and refresher training to enhance occupational skills to ensure employee retention for employees.

2. In cases of crisis, economic downturn, natural disasters, fires, hostile acts, or dangerous epidemics, based on the actual situation and the surplus of the Unemployment Insurance Fund, the Government shall regulate the reduction of unemployment insurance premium rates, financial assistance or other forms of support.

Article 31. Eligible participants in unemployment insurance

1. Employees eligible for unemployment insurance include:

a) An employee working under an indefinite-term labor contract, or a labor contract with a fixed term of at least one month, including cases where the employee and employer agree to use another different name of agreement but it contains provisions demonstrating that the employee is doing a paid work and under the management, operation and supervision by one party;

b) Employees specified in point a of this clause who work part-time and have a monthly salary equal to or higher than the minimum salary used as a basis for compulsory social insurance payment as prescribed by the Social Insurance Law;

c) Contractual workers;

d) Business managers, controllers, representatives of the enterprise’s equity as prescribed by law; members of the Board of Directors, General Directors, Directors, members of the Supervisory Board or inspectors, and other elected managerial positions of cooperatives and cooperative unions as stipulated by the Cooperative Law who are entitled to receive salaries.

In the event that an employee simultaneously falls under multiple categories of unemployment insurance participants as stipulated in this clause, both the employee and the employer are responsible for participating in unemployment insurance in conjunction with mandatory social insurance.

2. Employees defined in clause 1 of this Article who are receiving pensions, social insurance benefits, or monthly allowances as stipulated by the Government, or who are eligible for pension benefits; employees who are employed under probationary contracts in accordance with labor law; and domestic workers are not subject to unemployment insurance.

3. Employers participating in unemployment insurance include state agencies, public service providers; agencies, units, and enterprises of the People's Army, People's Police, and cryptographic organizations; political organizations, socio-political organizations, socio-professional political organizations, social-professional organizations, and other social organizations; foreign agencies and organizations, international organizations operating within the territory of Vietnam; enterprises, cooperative groups, cooperatives, cooperative unions, business households, other organizations, and individuals that hire or employ employees as stipulated in Clause 1 of this Article.

4. The Standing Committee of the National Assembly shall decide the participation in unemployment insurance for individuals other than those specified in Clause 1 of this Article, who have stable and regular employment and income, based on proposals from the Government in accordance with the socio-economic development conditions of each period.

Section 2. PARTICIPATION IN AND PAYMENT FOR UNEMPLOYMENT INSURANCE

Article 32. Participation in unemployment insurance

1. The identification of individuals participating in unemployment insurance, the registration for unemployment insurance, and the adjustment of information regarding the registration and declaration for unemployment insurance shall be carried out in conjunction with the identification of individuals participating in compulsory social insurance, the registration for compulsory social insurance, and the adjustment of information regarding the registration and declaration for compulsory social insurance in accordance with the provisions of the law on social insurance.

2. Participation in, payment for and receipt of unemployment insurance shall be recorded in the social insurance register in accordance with the provisions of the Social Insurance Law and serve as the basis for addressing unemployment insurance benefits as stipulated by this Law.

Article 33. Payment for unemployment insurance

1. The payment rates and responsibilities for unemployment insurance payment are stipulated as follows:

a) The unemployment insurance premium of an employee shall be capped at 1% of their monthly salary;

b) The unemployment insurance premium of an employer shall be capped at 1% of the monthly salary fund of the employee participating in unemployment insurance;

c) The State shall support up to 1% of the monthly salary fund for unemployment insurance payment by the employee participating in unemployment insurance which is guaranteed by the central budget.

2. Monthly, the employer shall pay for unemployment insurance according to the rate specified in point b, clause 1 of this Article and deduct the salaries of each employee according to the rate specified in point a, clause 1 of this Article to contribute simultaneously to the Unemployment Insurance Fund.

For the employee specified in point a of clause 1 of Article 31 of this Law who is paid by the product (performing a piecework/output work) or paid at a fixed rate at an enterprise, cooperative, cooperative union, or household business operating in the field of agriculture, forestry, fisheries or salt production, the employer must register with the social security authority and pay unemployment insurance monthly, or every three or six months. The deadline for payment is the last day of the following month after the closing period.

3. The time of unemployment insurance payment by employers and employees coincides with the time of mandatory social insurance payment.

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

5. Employers are responsible for fully paying unemployment insurance. The handling of the late payment or evasion of unemployment insurance shall comply with the provisions of the Social Insurance Law.

6. Employers are entitled to a reduction in the unemployment insurance premiums that they are required to pay for employees who are persons with disabilities for a period not exceeding 12 months when hiring and employing new workers who are persons with disabilities.

7. Employers are responsible for fully paying unemployment insurance as stipulated for employees upon the termination of labor contracts or employment contracts, in order to ensure the timely processing of unemployment insurance benefits for the employees.

In the event that an employer does not fully pay unemployment insurance for an employee, they must pay an amount corresponding to the unemployment insurance benefits that the employee is entitled to according to the law.

8. The State shall allocate the financial assistance from the state budget to the unemployment insurance fund.

9. The Government of Vietnam shall elaborate clauses 1, 6, 7 and 8 of this Article.

Article 34. Basis for unemployment insurance payment

1. The salary used as the basis for unemployment insurance payment is stipulated as follows:

a) Employees who are subject to the salary regime established by the State shall have their monthly salaries based on their position, title, rank, level, and any allowances for positions, extra-seniority allowance, professional seniority allowances, or any preserved salary differential coefficients (if applicable) as the basis for unemployment insurance payment;

b) Employees who are subject to the salary regime decided by the employer shall have their monthly salaries based on their jobs, positions, salary allowances and other additional amounts agreed upon to be paid regularly and consistently in each payroll period as the basis for unemployment insurance payment;

In the case where an employee stops working but still receives a monthly salary that is equal to or higher than the minimum salary used as the basis for compulsory social insurance payment, the payment shall be made based on the salary received during the period of work stoppage.

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

3. An employee participating in unemployment insurance who is temporarily detained or suspended from work shall have their unemployment insurance premiums suspended by both the employee and their employer; in cases where the employee is retroactively paid their full salary, the employee and the employer shall compensate for the period of temporary detention or suspension by paying the required premiums for the suspended months and shall do so concurrently with the mandatory social insurance payment.

4. The retrospective collection/payment of unemployment insurance premiums shall be carried out concurrently with the retrospective collection/payment of mandatory social insurance premiums in accordance with the provisions of the law on social insurance.

5. The Government of Vietnam shall elaborate this Article.

Article 35. Period of unemployment insurance payment

1. The period of unemployment insurance payment for the purpose of assessing entitlement to unemployment benefits is the total duration of unemployment insurance payment since the beginning of payment until the termination of the labor contract by the employee, employment contract or legal termination of the work without having received unemployment benefits.

2. After the unemployment benefit has been terminated, The subsequent period of unemployment insurance payment shall be recalculated from the beginning, except in cases where retention is allowed according to the provisions in Clauses 5 and 6 of Article 41 of this Law.

3. The period during which employees pay unemployment insurance shall not be counted towards eligibility for unemployment benefits or severance pay as stipulated by labor laws and laws regarding civil servants.

4. The Government shall regulate the period for which unemployment insurance has been paid but unemployment benefits have not yet been received.

Section 3. JOB COUNSELING AND PLACEMENT AND SUPPORT FOR EMPLOYEES TO PARTICIPATE IN TRAINING to enhance their occupational skills

Article 36. Job counseling and placement

1. Employees specified in Clause 1, Article 31 of this Law who are currently paying unemployment insurance and have had their employment contracts, labor contracts, or employment terminated, are entitled to receive job counseling and placement if they wish to seek employment.

2. The Government shall regulate the job counseling and placement.

Article 37. Support for employees in participating in training to enhance their occupational skills

1. Unemployed employees receiving unemployment benefits are supported in training to enhance their occupational skills.

2. In cases where an employee does not fall under the categories specified in Clause 1 of this Article, he/she must meet the following conditions:

a) He/she is subject to the provisions stipulated in point a, clause 1, Article 38 of this Law;

b) He/she has submitted the application for training support and skill enhancement within 12 months from the date of termination of the labor contract, employment contract, or cessation of work;

c) Within 10 working days from the date of submission of a complete application for support for training to enhance occupational skills, if the employee does not fall under one of the categories of being employed and is a participant in compulsory social insurance as stipulated by the Social Insurance Law, or is fulfilling military duties, obligations in the People's Police, permanent militia, or is studying for a period of over 12 months, or is under a decision to be placed in a compulsory educational institution, a compulsory rehabilitation center, or is in custody, serving a prison sentence, residing abroad, or has passed away;

d) He/she has paid unemployment insurance for at least 09 months over a period of 36 months prior to the termination of the labor contract, employment contract, or cessation of work.

3. The duration of support for training to enhance occupational skills shall be in accordance with the course duration; however, the total support period shall not exceed 06 months.

4. The content of support for training to enhance occupational skills includes:

a) Tuition fees;

b) Meal allowances for employees during the period of training to enhance their occupational skills.

5. The Government shall elaborate this Article; regulate documentation and procedures for supporting employees in participating in training to enhance their occupational skills.

Section 4. UNEMPLOYMENT BENEFITS

Article 38. Entitlement conditions

1. Any employee specified in Clause 1, Article 31 of this Law who is currently paying unemployment insurance shall be entitled to unemployment benefits when he/she meets the following conditions:

a) Their termination of the labor contract, employment contract, or cessation of work according to legal provisions does not fall under any of the circumstances in which the employee unilaterally terminates the labor contract against the Labor Code, or when the employee resigns upon meeting the conditions for pension.

b) The employee has paid unemployment insurance for at least 12 months over a period of 24 months prior to the termination of the labor contract, employment contract, or cessation of work under laws.

In the case where the employee is working under a labor contract with a fixed term of from one month to less than twelve months, insurance premiums shall be paid for at least twelve months over a period of thirty-six months prior to the termination of the labor contract.

c) The complete application for unemployment benefits has been submitted within 03 months from the date of termination of the labor contract, employment contract, or cessation of work.

d) Within 10 working days from the date of submission of a complete application for unemployment benefits, if the employee does not fall under one of the categories of being employed and is a participant in compulsory social insurance as stipulated by the Social Insurance Law, or is fulfilling military duties, obligations in the People's Police, permanent militia, or is studying for a period of over 12 months, or is under a decision to be placed in a compulsory educational institution, a compulsory rehabilitation center, or is in custody, serving a prison sentence, residing abroad, or has passed away;

2. The Government of Vietnam shall elaborate this Article.

Article 39. Benefit amounts, period of unemployment compensation, timing of receiving unemployment benefits and applications and procedures for receiving unemployment benefits

1. The monthly unemployment benefit rate is equal to 60% of the average monthly salary as the basis for unemployment insurance payment of the last 6 months before the termination of the labor contract, employment contract, or cessation of work, but shall not exceed 5 times the minimum regional salary as announced by the Government applicable in the last month of unemployment insurance payment.

2. The duration of unemployment compensation is calculated based on the number of months during which the unemployment insurance premiums have been paid. For a full payment of 12 months up to 36 months, one is entitled to receive 3 months of unemployment benefits. Subsequently, for each additional full payment of 12 months, one is entitled to receive an additional month of unemployment benefits, with a maximum period of unemployment benefits capped at 12 months.

3. The timing of receiving unemployment benefits is the 11 ^th working day from the date of submitting the complete application for unemployment benefits.

4. Employees receiving unemployment benefits are entitled to health insurance coverage as stipulated by the laws on health insurance, including the period during which the receipt of unemployment benefits is temporarily suspended in accordance with Clause 2, Article 41 of this Law. Individuals receiving unemployment benefits have their health insurance premiums covered by the social security authorities from the Unemployment Insurance Fund.

5. The Government shall elaborate clause 1 and clause 2 of this Article; regulate applications and procedures for receiving unemployment benefits.

Article 40. Responsibility for sending notifications of employment seeking by employees

1. During the period of unemployment compensation, employees are required to send notifications of their employment seeking to public employment service providers from which they are receiving the benefits on a monthly basis.

2. The Government of Vietnam shall elaborate this Article.

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

1. During the period of receiving unemployment benefits, employees are permitted to transfer their location for receiving unemployment benefits when there is a need.

2. Employees currently receiving unemployment benefits will have their benefits suspended if they do not report employment seeking monthly as stipulated in Article 40 of this Law.

Employees are not entitled to unemployment benefits during the period of suspension of such benefits, and the time of suspension shall not be preserved.

3. Employees whose unemployment benefits are suspended, if they still have time left to receive unemployment benefits, shall continue to receive such benefits when they comply with the monthly employment seeking notification requirements as stipulated in Article 40 of this Law.

4. Employees receiving unemployment benefits will have their benefits terminated under the following circumstances:

a) They are employed and belong to the category of participants in mandatory social insurance as stipulated by the Law on Social Insurance;

b) They fulfill military obligations, obligations to participate in the People's Police, and regular militia;

c) They are receiving monthly pensions;

d) After 02 refusals to accept employment as introduced by public employment service providers which is providing unemployment benefits to them without a valid reason;

dd) They fail to carry out the employment seeking notification on a monthly basis as stipulated in Article 40 of this Law for a continuous period of 03 months;

e) They go abroad for permanent residence;

g) They are on study assignment for more than 12 months;

h) They are subject to administrative penalties for violations of unemployment insurance laws;

i) They have died;

k) They are complying with the decision to implement measures for mandatory placement in educational institutions and mandatory rehabilitation centers;

k) They were declared missing by the courts.

m) They are currently in detention; serving a prison sentence.

n) They request for the termination.

5. Employees whose unemployment benefits have been terminated in the cases stipulated in points a, b, g, k, l, m, and n of Clause 4 of this Article shall have their unemployment insurance payment period preserved. This will be used as a basis for calculating the period of unemployment compensation for the next occasion, unless they fail to notify their employment status as prescribed in points a, b, g, k, l, m, and n of Clause 4 of this Article.

6. The Government shall elaborate this Article; specify the cases of cancellation of unemployment benefits, as well as the duration of unemployment insurance payment that are preserved upon termination of unemployment benefits.

Section 5. Support for employers in providing training and refresher training to enhance occupational skills to ensure employee retention for employees

Article 42. Support for employers in providing training and refresher training to enhance occupational skills to ensure employee retention for employees participating in unemployment insurance

1. Employers are provided support in cases where employment is affected or at risk of affecting the employment of many employees participating in unemployment insurance as follows:

a) Changes in structure, technology, or economic reasons as stipulated in the Labor Code;

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

c) Implementation of decisions of the competent state authorities regarding the relocation or reduction of the production and business sites;

d) Other cases prescribed by the Government.

2. Employers are provided support when the following conditions are met:

a) They have paid unemployment insurance for at least 12 months within the 24 months leading up to the time of requesting support;

b) There are plans for providing training and refresher training to enhance occupational skills serving the employee retention.

3. The duration of support for training and refresher training to enhance occupational skills serving the employee retention for employees shall be in accordance with the course duration; however, the total support period shall not exceed 06 months.

4. The Government shall elaborate this Article; regulate support rates, applications and procedures for supporting employers providing training and refresher training to enhance occupational skills to serve the employee retention.

Section 6. UNEMPLOYMENT INSURANCE FUND

Article 43. Unemployment insurance fund

1. The unemployment insurance fund is a financial fund independent of the state budget; the accounting, financial statements and internal audit of the unemployment insurance fund shall be carried out in accordance with accounting laws and other relevant laws.

2. Every three years, the State Audit shall conduct an audit of the Unemployment insurance fund, the fund's investment activities, and report 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 shall be subject to an unexpected audit.

Article 44. Sources of the Unemployment insurance fund

1. The payments and support as stipulated in Clause 1, Article 33 of this Law.

2. The income generated from the Unemployment insurance fund investment activities.

3. Other lawful revenues as prescribed by law.

Article 45. Uses of the Unemployment insurance fund

1. Paying unemployment insurance benefits.

2. Providing financial support or other assistance as stipulated in Clause 2 of Article 30 of this Law.

3. Paying health insurance for individuals entitled to unemployment benefits.

4. Paying for the organization and operation of unemployment insurance.

5. Serving the investment to preserve and grow the fund.

Article 46. Paying for the organization and operation of unemployment insurance

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

a) Propagating, disseminating, answering queries, and providing consultation on policies and laws regarding unemployment insurance; providing training and refresher training in professional development in the field of unemployment insurance;

b) Implementing administrative reform regarding unemployment insurance; developing and managing participants and beneficiaries of unemployment benefits;

c) Investing, upgrading, renovating, expanding, maintaining, repairing assets, leasing, procuring assets, goods and services related to the management and operation of unemployment insurance;

d) Organizing the collection, resolution and disbursement of unemployment insurance and operating the apparatus of the agencies implementing unemployment insurance policies

2. The level of expenditure for organizing and operating unemployment insurance is calculated based on the percentage of the estimated revenue and expenditure of unemployment insurance, excluding the expenditure on health insurance premiums for those receiving unemployment benefits and is deducted from the Unemployment insurance fund.

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

4. The State Audit Office shall conduct annual audits of the final settlement reports on payments for the organization and operation of unemployment insurance.

5. The Government of Vietnam shall elaborate clauses 1 and 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. The Unemployment insurance fund investment activities must ensure safety, sustainability and effectiveness; they are to be controlled, managed for risks, and provisions for risk contingencies must be established.

3. The Government shall regulate the unemployment insurance fund investment, the control and management of investment risks, and the establishment and use of risk provisions.

Article 48. Responsibilities of the Government for the unemployment insurance

1. Issue decisions or propose to competent authorities to decide handling measures and the support measures as necessary to protect the legitimate rights and interests regarding unemployment insurance of employees and employers.

2. Annually submit reports to the National Assembly on the implementation of unemployment insurance policies and regulations, as well as the management and use of the Unemployment insurance fund enclosed with the reports on the implementation of social insurance policies and regulations, along with the management and use of the social insurance fund as stipulated.

3. Regulate the preparation of statements and the assignment of state management agencies to carry out the approval, appraisal and confirmation of statements on payments for the organization and operation of unemployment insurance.

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

Section 7. COMPLAINTS AND REPORTS REGARDING UNEMPLOYMENT INSURANCE

Article 49. Rights to file complaints regarding unemployment insurance

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

Article 50. Complaints and resolution of complaints regarding administrative decisions and administrative actions related to unemployment insurance; decisions and actions in the inspection of unemployment insurance

1. Complaints and resolution of complaints regarding administrative decisions and administrative actions related to unemployment insurance shall comply with the provisions of law on complaints, except in the cases specified in Clause 2 of this Article.

2. Complaints and resolution of complaints regarding administrative decisions and administrative actions and other decisions and actions in the inspection of unemployment insurance shall comply with the provisions of law on inspection.

Article 51. Complaints and resolution of complaints; lawsuit against decisions and actions regarding unemployment insurance

1. Decisions and actions regarding unemployment insurance are decisions and actions made by social security authorities, public employment service providers, and authorized persons within the social security authorities and public employment service providers, who perform or do not perform their responsibilities in accordance with the law on unemployment insurance.

2. The process of lodging a complaint regarding decisions or actions related to unemployment insurance shall be conducted as follows:

a) When there is a basis to believe that the decision or action regarding unemployment insurance is unlawful and infringes upon the rights and legitimate interests of the individual, the complainant shall make the first complaint to the social security authority or the public employment service provider where the decision or action on unemployment insurance has been made, or file a lawsuit in court in accordance with the law;

b) In cases where the complainant disagrees with the resolution of the first complaint by the social security authority or where the stipulated timeframe for resolving the complaint has lapsed without a resolution, they have the right to submit a second complaint to the head of the directly superior agency or to file a lawsuit in court in accordance with the provisions of the law.

In cases where the complainant disagrees with the resolution of the first complaint by the public employment service provider or where the stipulated timeframe for resolving the complaint has lapsed without a resolution, they have the right to submit a second complaint to the head of the relevant employment of the provincial People’s Committee or to file a lawsuit in court in accordance with the provisions of the law.

c) In cases where the complainant disagrees with the decision to resolve the second complaint or where the stipulated timeframe for resolving the complaint has lapsed without a resolution, they have the right to file another lawsuit in court in accordance with the provisions of the law.

3. The authority to resolve complaints regarding decisions and actions related to unemployment insurance by a social security authority or public employment service provider is stipulated as follows:

a) The head of the social security authority or the public employment service provider has the authority to resolve the first complaint regarding the decision or action related to unemployment insurance made by themselves or by the authorized person under their direct management;

b) The head of the direct superior agency of the social security authority has the authority to address the second complaint regarding the decision or action related to unemployment insurance that has been initially resolved by the head of the subordinate social security authority, but is still under appeal, or the first complaint has expired but has not yet been resolved;

c) The head of the relevant employment agency of the provincial People’s Committee has the authority to address the second complaint regarding the decision or action related to unemployment insurance that has been initially resolved by the public employment service provider, but is still under appeal, or the first complaint has expired but has not yet been resolved.

4. The statute of limitations for complaints and the procedures for resolving unemployment insurance complaints shall comply with the provisions of the law on complaints.

Article 52. Reporting and handling reports about unemployment insurance

1. The reporting and handling of reports about violations of law in the execution of duties and public tasks related to unemployment insurance, as well as violations of law on state management in the field of unemployment insurance, shall comply with the provisions of law on complaints.

2. Social security authorities and public employment service providers are responsible for handling reports about violations of the law in the enforcement of the regulations regarding unemployment insurance.

3. The sequence and procedures for reporting and handling reports about violations of the law as stipulated in Clause 2 of this Article shall comply with the provisions of law on complaints.

Chapter VIII

IMPLEMENTATION PROVISIONS

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

The numbers 36 and 37 are added after the number 35 in section III part B of Appendix 01 regarding the list of fees and charges as follows:

Article 54. Effect

1. This Law comes into force from January 01, 2026.

2. The Employment Law No. 38/2013/QH13 has been amended by several articles of Law No. 41/2024/QH15, which shall cease to be effective from the effective date of this Law, except for the cases specified in Clauses 1, 2, and 3 of Article 55 of this Law.

Article 55. Transitional provisions

1. Transferring the National employment fund into a central budget source allocated to the VBSP to serve as the borrowed capital to address employment issues in accordance with government regulations.

2. Customers borrowing funds from the National employment fund and other preferential credit sources according to the provisions of the Employment Law No. 38/2013/QH13, which has been amended by Law No. 41/2024/QH15, who have signed a credit contract with the VBSP before the effective date of this Law, shall continue to carry out the signed contract until its completion.

3. Organizations that have been granted a certificate of eligibility for national occupational skill assessment prior to the effective date of this Law shall continue their operations in accordance with the certificate that has been issued.

4. Employees and employers who have submitted applications for unemployment benefits prior to the effective date of this Law but have not received a decision on entitlement to unemployment benefits shall be governed by the provisions of this Law.

This Law was passed on June 16, 2025, by the XVth National Assembly of the Socialist Republic of Vietnam at its 9th session.