Unemployment benefit claims from 2026 onwards under the new regulations.

From January 1, 2026, the processing of unemployment benefits will be carried out in accordance with the 2025 Employment Law and Government Decree No. 374/2025/ND-CP detailing some provisions of the Employment Law on unemployment insurance.

According to Decree No. 374/2025/ND-CP, the application for unemployment benefits consists of three basic components.

Firstly, there is the application for unemployment benefits using Form No. 10 issued with the Decree. This document expresses the worker's desire to receive unemployment benefits when they meet the conditions stipulated by law.

Workers register for unemployment insurance benefits at the Hanoi Employment Service Center. Photo: XC

Secondly, there are documents confirming the termination of an employment contract, work agreement, or termination of employment. These documents may include an expired or completed employment contract or work agreement; a termination notice, dismissal notice, or disciplinary decision; a notice or agreement to terminate an employment contract or work agreement; or a confirmation document from the employer clearly stating the employee's information, the type of contract signed, the reason, and the date of termination.

For employees working under fixed-term employment contracts of 1 month to less than 12 months, the document confirming the termination of the contract is the original or a certified copy of the signed employment contract. In special cases, when the employer no longer has a legal representative or authorized person, the employee may request the Department of Internal Affairs to confirm the termination of the employment contract according to the procedures specifically stipulated in the Decree.

The third component of the file is the social insurance book. The social insurance agency is responsible for verifying the period of unemployment insurance contributions and returning the social insurance book to the employee within the prescribed timeframe, as a basis for processing unemployment benefits.

Regarding the application process, within 3 months from the date of termination of the employment contract or work agreement, if unemployed and in need of unemployment benefits, workers must submit one set of documents directly to the public employment service organization where they wish to receive unemployment benefits or submit them through the National Public Service Portal. In cases where workers face difficulties due to illness, maternity, accident, natural disaster, epidemic, or other force majeure events, the application may be submitted through an authorized representative or sent via postal service as prescribed.

Decree No. 374/2025/ND-CP also clearly stipulates the responsibilities of public employment service organizations in receiving and checking applications, scheduling the return of results, and submitting them to the competent authority for a decision on unemployment benefits for workers. If the application is incomplete or unclear, the worker will be asked to supplement and complete it to ensure proper processing. If the worker is not eligible for unemployment benefits, a written response will be provided stating the reasons.

Source: https://baotintuc.vn/chinh-sach-bhxh-bhyt/ho-so-huong-tro-cap-that-nghiep-tu-nam-2026-theo-quy-dinh-moi-20260124155652592.htm