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NATIONAL
ASSEMBLY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law
No. 74/2025/QH15
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Hanoi,
June 16, 2025
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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
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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.
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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.
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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;
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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.
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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.
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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;
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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:
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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
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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
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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.
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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:
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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
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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;
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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:
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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
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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.
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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
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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;
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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;
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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:
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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.
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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;
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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
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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.
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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.
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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;
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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:
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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
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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.
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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.
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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.
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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.
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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.
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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:
36
Fees for certification of
national occupational skill assessment activities
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37
Fees for the issuance of national
vocational qualifications
The
Ministry of Finance
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.
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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.
CHAIRPERSON
OF THE NATIONAL ASSEMBLY
Tran Thanh Man