Some new points of the Law on Employment 2025

The Law on Employment 2025 officially takes effect on January 1, 2026, replacing the Law on Employment 2013 and introducing a number of important new regulations. The Law on Employment 2025 regulates the rights and interests of employees while more clearly defining the responsibilities and obligations of employers. In this article, TNTP analyzes several notable provisions of the Law on Employment 2025.

1.Effect of the Law on Employment 2025

At the 9th Session of the 15th National Assembly, held on June 16, 2025, the National Assembly passed the Law on Employment 2025. The Law consists of 08 chapters and 55 articles and officially takes effect from January 1, 2026. Accordingly, from this date, new policies and regulations relating to employment will be applied.

In general, the new provisions of the Law on Employment 2025 aim to expand social welfare benefits for employees, specify more clearly the responsibilities and obligations of employers, and thereby exert a significant impact on the labor market.

2.Revisions to regulations on unemployment insurance under the Law on Employment 2025

• Subjects participating in unemployment insurance

First, the Law on Employment 2025 expands the scope of subjects required to participate in unemployment insurance. Specifically, pursuant to Clause 1, Article 31 of the Law on Employment 2025, employees subject to unemployment insurance include:

• Individuals working under indefinite-term labor contracts or fixed-term labor contracts with a term of at least one (01) month;
• The above-mentioned employees working on a part-time basis whose monthly salary is equal to or higher than the minimum salary used as the basis for compulsory social insurance contributions;
• Individuals working under employment contracts;
• Individuals receiving salaries in enterprises and cooperatives, including: enterprise managers, controllers, representatives of the enterprise’s contributed capital; members of the Board of Directors, General Directors, Directors, members of the Supervisory Board or controllers, and other managerial positions of cooperatives and cooperative unions.

In addition to the above subjects, the Law on Employment 2025 authorizes the National Assembly Standing Committee, based on proposals of the Government, to decide on participation in unemployment insurance for other subjects who have stable and regular employment and income, in line with the socio-economic development conditions of each period.

This provision demonstrates the expansion and flexibility of unemployment insurance policy under the Law on Employment 2025. Granting such authority to the National Assembly Standing Committee allows the legal framework to promptly adapt to changes in the labor market, particularly with respect to emerging groups of workers who have stable employment and income but have not yet been covered by the existing insurance system. At the same time, this mechanism ensures appropriate control and consistency with socio-economic conditions in each period, thereby contributing to the flexible and effective expansion of unemployment insurance coverage.

In conclusion, the scope of subjects participating in unemployment insurance has been significantly expanded, enhancing coverage for flexible forms of labor that are increasingly common in the labor market. Notably, the Law on Employment 2025 includes salaried managers of enterprises and cooperatives within the scope of unemployment insurance participation, reflecting a more equitable approach to social security policies whereby unemployment insurance benefits are not limited solely to direct employees but also extended to managerial positions with stable labor relations and income.

• Conditions for entitlement to unemployment insurance benefits

The Law on Employment 2025 further specifies and supplements the conditions for entitlement to unemployment insurance benefits. Accordingly, employees participating in unemployment insurance must fully satisfy the following conditions:

• The termination of the labor contract, employment contract, or cessation of work must not fall under cases where the employee unilaterally terminates the contract in violation of the law, or where the employee resigns upon becoming eligible for a pension;
• The employee must have paid unemployment insurance premiums for at least twelve (12) months within the twenty-four (24) months preceding the termination of the labor contract, employment contract, or cessation of work. In the case of employees working under fixed-term labor contracts with a term from one (01) month to less than twelve (12) months, unemployment insurance premiums must have been paid for at least twelve (12) months within the thirty-six (36) months preceding the termination of the labor contract;
• The employee must submit a complete dossier for unemployment benefits within three (03) months from the date of termination of the labor contract, employment contract, or cessation of work;
• Within ten (10) working days from the date of submission of a complete dossier, if the employee does not fall into any case of having employment and is not subject to mandatory social insurance participation, and does not fall into any circumstance that prevents him/her from entering into a new employment relationship in Vietnam, including: performing military service; serving in the People’s Public Security forces or the standing militia; undertaking full-time study for a period exceeding twelve (12) months; complying with a decision on compulsory admission to an educational institution or a compulsory drug rehabilitation center; being held in temporary detention or serving a prison sentence; settling abroad; or death.

In addition to provisions applicable to employees, the Law on Employment 2025 also introduces support policies for employers, including support for training, retraining, and improvement of vocational skills in order to maintain employment for employees in certain circumstances, such as changes in organizational structure or technology, economic difficulties, natural disasters, fires, enemy sabotage, or dangerous epidemics.

Accordingly, the conditions for entitlement to unemployment insurance benefits are more specifically and strictly regulated under the Law on Employment 2025, contributing to ensuring that benefits are granted to the right subjects and for the intended purposes. Moreover, the Law not only focuses on protecting employees’ rights but also expands support mechanisms for employers in maintaining employment.

3.Supplementation of regulations on employee registration and employee database

Under the Law on Employment 2025, information relating to employees will be updated in the employee database and connected and synchronized with the national integrated database, national databases, specialized databases, and other relevant databases.

Pursuant to Article 17 of the Law on Employment 2025, employee registration information includes:

• Basic information: full birth name; personal identification number; date of birth; gender; ethnicity; current residence;
• Information on education and qualifications: general education, vocational education, higher education, vocational skill certificates, and other relevant certificates;
• Information on employment status and employment needs;
• Information on social insurance and unemployment insurance;
• Other relevant information as prescribed by law.

The provisions on employee databases under the Law on Employment 2025 reflect a clear orientation toward promoting digital transformation in labor management. Accordingly, information relating to each employee will be updated and stored to serve state management purposes and to determine eligibility for labor-related and social welfare regimes.

The above are the main contents of the article “Some new points of the Law on Employment 2025” presented by TNTP. TNTP hopes that this article provides useful information to readers interested in the Law on Employment 2025.

Sincerely,