Eligible for pension will not be eligible for unemployment benefits

In addition to the severance pay, from January 1, 2026, employees eligible for pension benefits will not be entitled to unemployment benefits.

From January 1, 2026, the Employment Law 2025 takes effect, which stipulates that employees who are paying unemployment insurance are entitled to unemployment benefits when terminating their labor contracts, employment contracts or terminating their employment in accordance with the provisions of law. Exceptions to the cases entitled to unemployment benefits are employees who unilaterally terminate their labor contracts in violation of the law or employees who quit their jobs when they are eligible for pension.

From January 1, 2026, workers eligible for pension benefits will not be entitled to unemployment benefits.

This is a difference from the 2013 Employment Law (still in effect). The current Employment Law stipulates that pensioners and monthly disability benefits recipients are not entitled to unemployment benefits. That is, employees who are eligible for pensions but have not yet completed the procedures to receive retirement benefits are still entitled to unemployment benefits, but from January 1, 2026, they will no longer be entitled to them.

Another amount of money that employees are not entitled to receive when they are eligible for pension is severance pay. Specifically, according to Clause 1, Article 46 of the 2019 Labor Code, when terminating a labor contract in the prescribed cases, employees who have worked regularly for an employer for 12 months or more will be paid severance pay.

However, the payment of severance allowance as prescribed above is also excluded in two cases including employees who are eligible for pension according to the provisions of the law on social insurance and employees whose labor contracts are terminated due to voluntarily quitting their jobs without valid reasons for 5 consecutive working days or more.

Thus, in addition to the severance allowance not received under current regulations, from January 1, 2026, employees eligible for pension will have an additional amount not received, which is unemployment allowance.

Conditions for receiving pension according to the provisions of the Social Insurance Law 2024

Employees who have paid compulsory social insurance for 15 years or more when retiring are entitled to pension if they fall into one of the following cases:

- Reach retirement age as prescribed in Clause 2, Article 169 of the Labor Code;

- Reaching the retirement age as prescribed in Clause 3, Article 169 of the Labor Code and having a total period of compulsory social insurance payment of 15 years or more when working in a arduous, toxic, dangerous or especially arduous, toxic, dangerous occupation or job on the list of arduous, toxic, dangerous or especially arduous, toxic, dangerous occupations or jobs issued by the Minister of Labor - Invalids and Social Affairs or working in areas with particularly difficult socio-economic conditions, including working time in places with regional allowance coefficient of 0.7 or more before January 1, 2021;

- Be at least 10 years younger than the age specified in Clause 2, Article 169 of the Labor Code and have at least 15 years of experience working in underground coal mining as prescribed by the Government ;

- People infected with HIV/AIDS due to occupational accidents while performing assigned tasks.

For employees with reduced working capacity, the condition for receiving pension is that when retiring, they have paid compulsory social insurance for at least 20 years and are in one of the following cases:

- Age is at most 5 years lower than the age specified in Point a, Clause 1, Article 64 of the Law on Social Insurance and has a reduced working capacity from 61% to under 81%;

- Age is at most 10 years lower than the age specified in Point a, Clause 1, Article 64 of the Law on Social Insurance and has a reduced working capacity of 81% or more;

- Having worked for 15 years or more in a particularly arduous, toxic, or dangerous occupation or job on the list of particularly arduous, toxic, or dangerous occupations and jobs issued by the Minister of Labor, War Invalids, and Social Affairs and having a working capacity reduction of 61% or more.

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Source: https://baolaocai.vn/du-dieu-kien-huong-luong-huu-se-khong-duoc-huong-tro-cap-that-nghiep-post885967.html