What compulsory social insurance (SI) benefits shall foreign employees in Vietnam be entitled to?
What compulsory SI benefits shall foreign employees in Vietnam be entitled to? In which cases shall foreign employees in Vietnam enjoy one-off SI?
Hello Lawnet. My company has labor contracts with some foreign employees. Are they entitled to compulsory SI benefits? Can they receive one-off SI? Thank you!
What compulsory SI benefits shall foreign employees in Vietnam be entitled to?
Pursuant to Article 5 of the Decree 143/2018/ND-CP stipulating compulsory SI benefits in Vietnam as follows:
1. Employees prescribed in clause 1 Article 2 hereof shall be entitled to the following compulsory SI benefits: sickness, maternity, occupational accident, disease, retirement and death insurance benefits.
2. Compulsory SI benefits to which employees referred to in Clause 1 Article 2 hereof are entitled shall vary depending on the SI participation period under the provisions of this Decree.
Pursuant to Clause 1, Article 2 of the Decree 143/2018/ND-CP stipulating as follows:
1. Employees who are foreign nationals working in Vietnam shall be required to participate in the compulsory SI program if they obtain work permits, practicing certificates, practicing licenses issued in Vietnam, indefinite-term employment contracts or employment contracts valid for at least one year with employers in Vietnam.
As regulations above, foreign employees shall be required to participate in the compulsory SI program with the following benefits: sickness, maternity, occupational accident, disease, retirement and death insurance benefits, if they obtain work permits, practicing certificates, practicing licenses issued and labour contracts valid for at least one year.
In which cases shall foreign employees in Vietnam can enjoy one-off SI?
As prescribed in Clause 6, Article 9 of the Decree 143/2018/ND-CP, cases of the one-off SI benefit entitlement are as follows:
If the employee defined in clause 1 Article 2 hereof wishes to receive the one-off payment, he/she shall be entitled to the one-off benefit entitlement provided that:
a) He/she reaches the prescribed age as provided in clause 1 of this Article, but has not yet reached the period of 20 years of SI contribution;
b) He/she is currently suffering from one of the deadly diseases, such as cancer, polio, cirrhosis with ascites, lapra, serious tuberculosis, HIV infection moved to the phase of AIDS disease and others regulated by the Ministry of Health;
c) He/she has fully satisfied retirement pension entitlement requirements as per clause 1 of this Article, but has discontinued residing in Vietnam;
d) His/her employment contract is terminated, or his/her labor permit, practicing certificate or practicing license expires without being permitted for renewal.
As regulations above, foreign employees in Vietnam shall one-off SI if they satisfy the above requirements.
Best regards!
