1. Do foreign workers pay social insurance?

Pursuant to the provisions of Clause 4, Article 2, Law on Social Insurance 2014, foreign workers working in Vietnam are not eligible to participate in voluntary social insurance. However, foreign workers working in Vietnam will participate in mandatory social insurance when they meet the conditions prescribed in Clause 1 and Clause 2, Article 2, Decree 143/2018/ND-CP as follows: after:

– Employees have a work permit or practice certificate or practice license issued by a competent Vietnamese agency;

– Foreign workers working in Vietnam enter into a contract with an employer in Vietnam for a term of 1 year or more under an indefinite-term labor contract or a definite-term labor contract. be committed;

– Employees who are foreign citizens working in Vietnam are not subject to compulsory social insurance participation in one of two cases: Full retirement age according to regulations; Moving within the enterprise;

Foreign workers and businesses employing these workers in Vietnam must pay compulsory social insurance monthly according to regulations.

2. Can foreign workers pay social insurance in one lump sum?

Based on Clause 6, Article 9 of Decree 143/2018/ND-CP, cases where foreign workers working in Vietnam request to receive one-time social insurance include:

First, the employee must be old enough to receive pension as prescribed in Article 169 of the 2019 Labor Code without having paid social insurance for 20 years.

– The retirement age of employees under normal working conditions is adjusted according to the roadmap for male employees until reaching 62 years old in 2028 and for female employees reaching 60 years old in 2035. In case In case the employee works under normal conditions:

+ Retirement in 2023: Male working conditions must be 60 years and 9 months old; Female workers must be 56 years old;

+ The prescribed age at retirement for the following years: Each year the retirement age for men increases by 03 months/year, the retirement age for women increases by 04 months/year.

– In case the employee has worked for 15 years in an area with extremely difficult socio-economic conditions or has worked for 15 years in a profession, heavy, toxic, dangerous job or special working environment. Particularly heavy, hazardous, and dangerous on the list issued by the Ministry of Labor, War Invalids and Social Affairs, including working time in places with regional allowance coefficients of 0.7 or more before January 1 2021: Retire up to 5 years earlier than in the case of working under normal conditions.

– In case an employee has 15 years of working in coal mining in an underground mine, the employee is entitled to retire a maximum of 10 years earlier than in the case of working under normal working conditions.

– In case an employee is infected with HIV due to an occupational accident while performing assigned tasks, the employee's retirement age does not need to be considered.

Second, foreign workers working in Vietnam who are suffering from one of the life-threatening diseases such as cancer, leprosy, severe tuberculosis, polio, ascites cirrhosis, or HIV infection have entered the stage of AIDS and other diseases as prescribed by the Ministry of Health;

Third, foreign workers working in Vietnam have met the conditions for pension entitlement according to current regulations on full retirement age and period of participation in social insurance but that person does not continue to reside in Vietnam. Vietnam;

Fourth, foreign workers working in Vietnam terminate their labor contracts or their work permits, practice certificates, or practice licenses have expired without being able to renew the contract or license. that labor.

Currently, foreign workers can enjoy one-time social insurance according to the regulations on one-time social insurance for foreigners that will take effect from January 1, 2022 based on Clause 2, Article 2. 17 Decree 143/2018/ND-CP. Accordingly, when a foreigner only needs to terminate the labor contract and requests one-time social insurance, he/she will be entitled to one-time social insurance if he/she meets the prescribed conditions.

3. Application for one-time withdrawal of social insurance:

Pursuant to section b 1.2.3 of Article 6 Process for handling social insurance benefits, payment of social insurance and unemployment insurance benefits issued together with Decision 166/QD-BHXH in 2019 has regulations The regulations on dossiers for one-time social insurance benefits for foreigners include the following documents:

– Application for one-time social insurance benefits according to form No. 14-HSB (Original copy);

– In case of life-threatening diseases, there is an additional copy/summary of medical records showing the condition of not being able to self-serve, such as: Cancer, polio, severe tuberculosis, cirrhosis, ascites, leprosy, HIV infection has progressed to AIDS; If suffering from other diseases, replace it with the Minutes of assessment of decline in labor skills of the Council of Medical Directors showing that the worker's decline in labor skills is 81% or more and cannot self-serve;

– In case of payment of medical examination fees, additional documents regarding invoices and inspection fee collection documents are required; List of inspection contents of the facility performing medical examination and treatment.

According to the above regulations, foreign workers working in Vietnam who need to withdraw social insurance at once do not need to submit a social insurance book, but only need to submit an application and related documents. as above.

Employees are authorized to withdraw social insurance one time. According to the provisions of Clause 6, Article 18 of the 2018 Law on Social Insurance, employees have the right to authorize others to receive pensions and social insurance benefits.

According to regulations of Official Dispatch 1165/BHXH-ST on abuse of social insurance policies by employees, it is stipulated that social insurance agencies at all levels temporarily do not receive employees' applications and authorize others to submit and receive them. A one-time social insurance benefit payment with the consent of Vietnam Social Security is requested by the Ministry of Labor, War Invalids and Social Affairs, except in cases where the employee is sick or has an occupational accident and cannot go to the social insurance agency.

Currently, this is a proposal document so it will still be authorized to others. When going to the district social insurance agency where you reside to submit your application and receive the decision to receive one-time social insurance benefits, the authorized person needs to bring: Power of attorney according to form 13-HSB or notarized authorization contract. real; certificate of residence; Citizen identification card of the authorizing person (certified copy) and the authorized person must bring their citizen identification card (original copy).

4. How to calculate one-time social insurance benefits for foreigners?

Pursuant to the provisions of Clause 2, Article 60 of the 2014 Law on Social Insurance, foreign workers withdraw social insurance in one lump sum with the benefit level calculated according to the number of years of social insurance payment, each year is calculated. As follows:

+ For years of payment before 2014, the benefit level is 1.5 months of the average salary paid for social insurance;

+ For years of payment from 2014 onwards, the benefit level is 02 months of the average monthly salary paid for social insurance;

+ The social insurance benefit level is equal to the amount paid in case the social insurance payment period is less than one year, the maximum level is equal to 02 months and 02 months of the average monthly salary paid for social insurance.

The time recorded in the decision of the social insurance agency is the time of calculating one-time social insurance benefits. Adjusting the salary for which social insurance has been paid to calculate one-time social insurance benefits for employees should be based on the time recorded in the Decision of the social insurance agency.

Legal documents related to the article:

– Social Insurance Law 2014;

– Decree 143/2018/ND-CP guiding the Law on Social Insurance and the Law on Occupational Safety and Hygiene on compulsory social insurance for employees who are foreign citizens working in Vietnam.