Qualifying for Early Retirement Pension Disqualifies You from Unemployment Benefits

Unlawful termination of an employment contract or resigning while eligible for a pension disqualifies individuals from receiving unemployment benefits.

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Matai Vietnam Co., Ltd. (Tan Thuan Ward, Ho Chi Minh City) inquires: “According to the 2025 Labor Law, starting January 1, 2026, employees eligible for retirement pensions will no longer receive unemployment benefits. Does this exclusion apply to workers in hazardous jobs who retire up to five years earlier than the standard retirement age?”

From January 1, 2026, employees eligible for retirement pensions will not receive unemployment benefits.

The Ho Chi Minh City Social Insurance Agency responds: Current regulations allow employees to retire earlier than the standard retirement age, but no more than five years, if they have at least 15 years of compulsory social insurance contributions and fall under the following categories: reduced work capacity; engagement in extremely hazardous, dangerous, or heavy occupations; or employment in socio-economically disadvantaged areas.

Additionally, Article 38, Clause 1(a) of the 2025 Labor Law (effective January 1, 2026) states that employees paying unemployment insurance are eligible for benefits upon termination of their labor contract or employment, provided they do not unlawfully terminate the contract or retire with pension eligibility.

Based on these provisions, employees retiring up to five years early due to hazardous work conditions will not qualify for unemployment benefits from January 1, 2026.

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