PROCEDURES FOR PARTICIPATING IN SOCIAL INSURANCE FOR FOREIGN WORKERS

Vietnam is one of the potential labor markets. It is not too uncommon for foreigners to work in Vietnam to ensure the rights and interests of Vietnamese workers, there are also specific regulations such as foreign workers being allowed to participate in social insurance, so how is this procedure implemented?

I. Foreign workers subject to social insurance registration

According to the provisions of Clause 2, Article 2 of the Law on Social Insurance 2014 and Clause 1, Article 2 of Decree 143/2018/ND-CP stipulating conditions of foreign workers subject to compulsory social insurance: 

- Being a foreign citizen working in Vietnam

- Having a work permit, practice certificate or practice permit issued by a competent authority in Vietnam

- To sign an indefinite-term contract or a definite-term contract with a working period of full 1 year or more

- The employee is of working age under the age Retirement

- Employees who are not subject to internal mobility, including managers, executives, experts and technical workers currently working at foreign enterprises, have been employed at least 1 year before and sent to work in Vietnam.

II. Application of participation in social insurance of foreigners

Pursuant to Clause 2, Article 15 of the Law on Social Insurance 2014, the dossier of participation in social insurance of foreigners working in Vietnam is the same as the dossier of participation in social insurance of Vietnamese employees and this dossier must be translated into Vietnamese and certified in accordance with the provisions of Vietnamese law.

Note: The dossier lists the full name, gender, nationality on the forms according to the international phonetic script.

III. Competent agencies:

Social insurance agencies according to the locality registered on the business license.

IV. Order of social insurance registration for foreign workers

Pursuant to Article 99 of the Law on Social Insurance 2014 on procedures for handling registration for the first time for foreign workers:

Step 1: Submit the application. Within 30 days from the date of signing the labor contract, work contract or recruitment, the employer shall submit the prescribed dossier to the social insurance agency.

Step 2: Process the application. The social insurance agency shall issue the social insurance book within 20 days from the date of receipt of complete dossiers as prescribed. In case of refusal, the social insurance agency must reply in writing clearly stating the reason. 

Above is an article providing information on procedures and order of compulsory social insurance registration for foreign workers in Vietnam.

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For more information, please contact:

Hoang Pham (James) / Managing Partner at: hoang.pham@vselawyers.com

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Attention: This legal update is not an advice and should not be treated as such.