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Severance Allowance in 2025: Everything Employees Need to Know (A-Z)

Employee receiving severance allowance after labor contract termination in Vietnam (2025)

Employment Law

Dat Nguyen

Date

August 05, 2025

What Is Severance Allowance?

Severance allowance is the amount of money that an employer (enterprise) is legally obligated to pay employees who have worked regularly for at least 12 months, when their labor contract is terminated under the circumstances stipulated by law.

This right is clearly regulated under Article 46 of the 2019 Labor Code. It is not a bonus or a goodwill gesture, but a legal responsibility of the employer to recognize the employee’s contributions during their employment.

Conditions to Receive Severance Allowance

To be eligible for severance allowance, the employee must meet both of the following conditions:

Condition 1: The labor contract is terminated under one of these circumstances:

  • Expiration of the labor contract;

  • Completion of the work agreed in the labor contract;

  • Mutual agreement to terminate the labor contract;

  • Employee lawfully unilaterally terminates the labor contract;

  • Employer unilaterally terminates the labor contract;

  • Employee is sentenced to imprisonment (not suspended), capital punishment, or is banned from performing the old job by court decision;

  • Employee dies, is declared by the court to have lost civil act capacity, gone missing, or deceased;

  • The enterprise ceases operation or announces the absence of a legal representative.

Condition 2: The employee has worked continuously for at least 12 months for the enterprise.

Cases Not Eligible for Severance Allowance

According to the law, severance allowance is not applicable in the following cases:

  • The employee qualifies for and is receiving a retirement pension;

  • The employee illegally unilaterally terminates the labor contract;

  • The employee is dismissed due to disciplinary action;

  • The employee is absent from work without valid reason for 5 or more consecutive working days, leading to lawful contract termination by the employer.

How to Calculate Severance Allowance (Official Formula)

This is the most important part employees need to clearly understand. The formula is:

Severance allowance = (Working period used for severance calculation) × (Wage used for severance calculation)

Each year of employment entitles the employee to half a month’s wage.

Determining the Working Period for Severance

This is where confusion often arises. The working period used to calculate severance allowance is:

Working time = (Total actual working time) – (Time participating in unemployment insurance) – (Time already compensated with severance or job-loss allowance)
  • Total actual working time: From the date the employee started until the labor contract ends.

  • Time participating in unemployment insurance: This period is excluded because severance is covered by the Unemployment Insurance Fund.

💡 Note: If the employer has paid an amount equivalent to unemployment insurance, this time is also excluded.

Rounding Rules:

  • Less than 6 months: Counted as 0.5 year (entitled to 1/4 month’s wage)

  • 6 months or more: Counted as 1 year (entitled to 1/2 month’s wage)

Wage Used to Calculate Severance Allowance

This is the average salary of the last 6 consecutive months under the labor contract before termination.

Illustration Example

Ms. A worked for Company X from January 1, 2020 to December 31, 2024, and agreed to terminate the labor contract.

  • Total working time: 5 years (60 months)

  • Unemployment insurance participation: Jan 2020 – Dec 2023 = 4 years (48 months)

  • => Severance time = 60 – 48 = 12 months = 1 year

  • Average wage in the last 6 months: 12,000,000 VND/month

Severance allowance = 1 year × (12,000,000 ÷ 2) = 6,000,000 VND


Severance Allowance vs. Job-Loss Allowance

Many employees and employers confuse these two entitlements. The table below clarifies the difference:

CriteriaSeverance AllowanceJob-Loss Allowance
Legal BasisArticle 46, Labor Code 2019Article 47, Labor Code 2019
Applicable CasesNormal termination (expiry, mutual agreement, lawful unilateral termination, etc.)Employer restructures, changes technology, or for economic reasons; company splits, merges, etc.
Benefit Level0.5 month’s wage per working year1 month’s wage per working year (minimum 2 months)
Payment Responsibility100% paid by the employer100% paid by the employer

Employer’s Responsibility to Pay Severance

Employers are legally required to pay all entitlements, including severance allowance, within 14 working days from the date of contract termination.

In exceptional cases, this deadline can be extended, but must not exceed 30 days. If delayed, the employer must also pay interest on the late payment.

Frequently Asked Questions (FAQs)

The wage used for severance allowance calculation is the average contractual salary of the last 6 consecutive months, which includes base salary, salary allowances, and other regular supplements stated in the labor contract.

Occasional bonuses, meal allowances, transportation or fuel support, etc., that are not clearly stated in the contract are not included.

No. Paying severance allowance is the legal obligation of the employer. Employees are not required to submit any application. The company is responsible for automatically calculating and paying the allowance if the employee meets the eligibility conditions.

First, you should try to resolve the issue directly with the HR department or company leadership. If unsuccessful, you can:

  • File a complaint with the Labor Mediator,

  • Contact the Labor Inspectorate of the Department of Labor, or

  • Initiate legal proceedings with the People’s Court.

⚖️ However, due to the complexity of legal procedures and case-specific factors, we strongly recommend consulting FarEast Legal for proper guidance before proceeding.

Yes. The probation period is included in the total working time used for severance allowance calculation.

No. Under current regulations, severance allowance is exempt from personal income tax. Therefore, you will receive the full amount without any PIT deductions.

Legal References

This guide is based on current Vietnamese legal documents:

  1. Labor Code 2019 (Law No. 45/2019/QH14) – Governs labor relations, including foreign workers.

  2. Decree 152/2020/NĐ-CP – Specific regulations on employing foreign workers in Vietnam and managing Vietnamese employees working for foreign organizations

Final Thoughts

Understanding your severance allowance entitlements not only ensures you receive the full amount you deserve, but also empowers you to actively protect your lawful rights. Every employee should grasp the eligibility requirements, calculation formula, and compare with their actual working time and insurance contributions.

Every contract termination case has its own specific details. To receive accurate and personalized legal advice, don’t hesitate to contact our labor law experts at FarEast Legal. We are always ready to listen and stand by your side to protect your rights.

About FarEast Legal

FarEast Legal is a professional and specialized legal consulting firm based in Ho Chi Minh City, Vietnam. We take pride in providing comprehensive legal solutions in the fields of Labor, Corporate, and Commercial law

What sets FarEast Legal apart is our commitment to viewing each client as a long-term companion rather than merely a source of revenue.

Đạt Nguyễn (Tony)

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