The original article Conditions for enjoying social insurance 01 of foreign employees in Viet Nam
Recently, when foreign employees working in Viet Nam participate in compulsory social insurance, they will have social insurance and health insurance funds deducted from their monthly salary. The employer also monthly pays the amount deducted from the employee’s monthly salary fund to the social insurance and health insurance fund. After many years, starting from January 1, 2022, foreign employees can withdraw one-time social insurance. So when can a foreign employee withdraw one-time social insurance and which level of benefit the foreign employee entitled to?
Some cases foreign employees can enjoy one-time social insurance
If there is no need for a retirement pension, a foreign employee may request a withdrawal of one-time social insurance but must be one of the following cases[1]:
1. Having reached the pension age but not yet full 20 years of payment of social insurance premiums;
Specifically, the retirement age under normal conditions: Male employees are 60 years and 6 months, female employees are 55 years and 5 months (in 2022). After the years, the pension age increases according to the road map, until 2035, the retirement age will be 62 years old for male employees and 60 years old for female employees.
2. People suffering from one of the life-threatening diseases, such as cancer, polio, cirrhosis of the liver and ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS and other diseases as prescribed by the Ministry of Health
3. The employee is eligible for retirement pension but does not continue to reside in Viet Nam
4. The employee upon termination of the labor contract or the work permit, the practice certificate, or the practice permit expires without being renewed.
The level of enjoyment of benefit from one-time social insurance[2]
The level of enjoyment of benefit will be calculated according to the number of years of paying social insurance premiums:[3]
| The level of enjoyment of benefit from one-time social insurance | = | 02 | X | Average monthly salary contributed to social insurance | X | Number of years of paying social insurance premiums |
Why not until 2022 can foreign employees withdraw social insurance?[4]
According to the provisions of Decree 143/2018/ND-CP, the retirement and survivorship regime for foreign employees takes effect from January 1, 2022. Whereas before, foreign employees were entitled to benefits, such as maternity sickness, health insurance, occupational accidents and occupational diseases. And retirement and survivorship benefits are also covered by social insurance, so from 2022, foreign employees can withdraw one-time social insurance.
Readers can refer to Are an employee’s rights and interests affected when participating in a confidentiality agreement in Viet Nam?
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Translator: Le Khanh Linh
Content writer: Nguyen Linh Chi
Admin: Lawyer Thuan
[1] Article 9.6 Decree 143/2018/ND-CP.
[2] Article 9.7 Decree 143/2018/ND-CP.
[3] Article 60.2.(b) Law on Social Insurance 2014.
[4] Article 17.2 Decree 143 /2018/ND-CP.
