Insurance

Social Insurance for Foreign Employees: Who Must Pay?

Comprehensive guide to social insurance obligations for foreign workers, including exemption conditions and contribution rates.

7 min read
Updated: 2024-10-15
Social Insurance Law & Decree 115/2015/ND-CP

Overview of Social Insurance in Vietnam

Vietnam's social insurance system provides coverage for:

  • Retirement benefits (pension)
  • Survivor benefits (death benefits)
  • Sickness benefits (sick leave)
  • Maternity benefits
  • Work-related injury benefits
  • Health insurance (separate but related)

For foreign employees, understanding your obligations is crucial for compliance and benefits access.


Who Must Contribute

General Rule

Foreign employees working in Vietnam under fixed-term labor contracts of 12 months or more are subject to compulsory social insurance.

Covered Employment Types

Contract TypeSocial Insurance Required
Fixed-term ≥ 12 months✅ Yes
Fixed-term < 12 months❌ No
Indefinite term✅ Yes
Seasonal work❌ No

Covered Nationalities

Most foreign employees are covered. The main considerations are:

  • Valid work permit
  • Labor contract meeting duration requirements
  • Employment with Vietnamese entity or registered foreign entity

Exemption Conditions

Automatic Exemptions

You are exempt from compulsory social insurance if:

  1. Intra-Company Transferee

- Working under WTO commitments - Transferred from overseas company to Vietnam branch - Specific treaty provisions apply

  1. Retirement Age at Contract Start

- Male: 60 years or older - Female: 55 years or older - At time of signing the labor contract

  1. Bilateral Social Security Agreement

- Your home country has a social security agreement with Vietnam - You provide Certificate of Coverage from home country

Countries with Social Security Agreements

Vietnam currently has social security agreements with:

  • South Korea
  • Germany (pending implementation)
  • More agreements under negotiation

How to Claim Exemption

  1. Determine which exemption applies
  2. Gather supporting documentation
  3. Submit to employer HR department
  4. Employer applies exemption to contributions
  5. Keep records for tax authority verification

Contribution Rates

Current Contribution Structure

FundEmployer RateEmployee RateTotal
Retirement & Death14%8%22%
Sickness & Maternity3%0%3%
Work Injury0.5%0%0.5%
Health Insurance3%1.5%4.5%
Unemployment1%1%2%
TOTAL21.5%10.5%32%

Wage Base for Contributions

  • Capped at 20 times the regional minimum wage
  • Regional minimum wage varies by location:

- Region I (HCMC, Hanoi): 4,960,000 VND - Region II: 4,410,000 VND - Region III: 3,860,000 VND - Region IV: 3,250,000 VND

Maximum contribution base (Region I): 99,200,000 VND/month

Example Calculation

Monthly Salary: 60,000,000 VND (in HCMC)

ComponentCalculationAmount
Contribution BaseCapped at 20 × min wage99,200,000 VND
Employee Contribution10.5% × 60,000,0006,300,000 VND
Employer Contribution21.5% × 60,000,00012,900,000 VND

Benefits and Claims

Retirement Benefits

Foreign employees can receive:

  • Lump-sum withdrawal when leaving Vietnam permanently
  • Proportional to contribution period
  • Includes principal + interest

Sickness Benefits

  • Paid sick leave for verified illness
  • Up to 180 days per occurrence
  • 75% of salary (before social insurance)

Maternity Benefits

  • 6 months maternity leave
  • 100% of salary for leave period
  • Additional benefits for multiple births

Health Insurance Benefits

  • Access to public healthcare
  • Reimbursement for approved treatments
  • Emergency coverage

Special Cases

Multiple Employers

If you have multiple employers simultaneously:

  • Primary employer handles social insurance
  • Other employers contribute to unemployment insurance only
  • Coordinate with employers to avoid double contributions

Contract Extension

When your contract is extended:

  • Social insurance continues if extension ≥ 12 months
  • If gaps between contracts, determine each period separately
  • Contributions are cumulative

Early Termination

If your contract ends early:

  • Contributions stop at termination date
  • You may claim lump-sum withdrawal
  • Keep all contribution records

Leaving Vietnam

When permanently departing:

  • File for lump-sum social insurance withdrawal
  • Required documents:

- Passport with exit visa - Social insurance book - Application form

  • Processing: 10-15 business days

Frequently Asked Questions

Q: Can I opt out of social insurance?

A: Only if you meet exemption criteria. You cannot voluntarily opt out otherwise.

Q: What happens to my contributions when I leave Vietnam?

A: You can withdraw your contributions as a lump sum when permanently departing.

Q: Do I need to continue paying after retirement age?

A: No, contributions stop when you reach retirement age (60 male, 55 female).

Q: Can I receive a Vietnamese pension in my home country?

A: Generally, foreign employees take lump-sum withdrawal rather than pension. However, if you contribute for 20+ years, pension options may be available.


Need Assistance?

Our team can help you:

  • Determine your social insurance obligations
  • Apply for exemptions if eligible
  • Process withdrawal claims upon departure
  • Coordinate with employers on contributions

ZALO: +84703027485


This article is based on the Social Insurance Law (2014) and Decree 115/2015/ND-CP. For official regulations, please refer to [vbpl.vn](https://vbpl.vn).

Source: Social Insurance Law & Decree 115/2015/ND-CP