Benefits when participating in social insurance for foreigners. Similar to domestic workers, when participating in compulsory social insurance, foreign workers are entitled to 05 regimes. Let us learn about this topic with LSX law firm as follow:
Benefits in case of sickness when participating in social insurance for foreigners
* Time to enjoy sickness benefits:
– Firstly, up to 60 days if working under normal conditions;
– Secondly, up to 70 days if doing heavy, hazardous or dangerous occupations or jobs;
– Thirdly, up to 180 days if the disease requires long-term treatment;
– In case of enjoying the sickness regime for a full period of the year but have not yet recovered, they are entitled to convalescence and health rehabilitation.
* Level of sickness benefits:
Sick foreign workers are entitled to a maximum of 75% of the salary on which social insurance premiums are based in the preceding month before leaving.
(Article 6 Decree 143/2018/ND-CP)
MaternBenefits in case of pregnancy when participating in social insurance for foreigners
* Maternity benefit period:
- Firstly, when pregnant: take 5 days off for antenatal care;
2. Secondly, when there is a problem with the pregnancy: Up to 50 days off;
3. Thirdly, when giving birth: 6 months off;
4. Fourthly, when contraception: Up to 15 days off.
* Maternity benefits:
– One-time allowance: 02 times the base salary in the month of childbirth or child adoption;
– Monthly maternity pay: 100% of the average monthly salary on which social insurance premiums are based for the 06 months before leaving work.
(Article 7 Decree 143/2018/ND-CP)
Insurance regime for occupational accidents and diseases
* Insurance for occupational accidents and diseases:
– Firstly, one-time allowance (decreased from 5% – 30%): A 5% decrease is entitled to 05 times the base salary, for every additional 1% decrease, an additional 0.5 times of the base salary will be paid.
– In addition, monthly allowance (decreased from 31% or more): A decrease of 31% is entitled to 30% of the base salary, for every additional decrease of 1%, an additional 2% of the base salary will be paid.
* Living aids, orthopedic tools:
Depending on the condition of the injury, the function of the body is affected.
* Service allowance (in addition to the monthly allowance):
The benefit level is equal to the base salary if there is a reduction of 81% or more, but suffers from spinal paralysis, blindness in both eyes, amputation, paralysis of two limbs or mental illness.
* Conserve and restore health after treating an injury or illness:
– Up to 10 days off;
– Enjoy 25% of the base salary/day if staying at home; 40% of the base salary/day if staying at a centralized facility.
* Allowance for death due to an occupational accident or occupational disease:
One-time allowance equal to 36 times the base salary.
(Article 8 Decree 143/2018/ND-CP)
Retirement regime when participating in social insurance for foreigners
* Monthly pension:
Pension
=
Retirement rate
x
Average monthly salary for social insurance contributions
* One-time allowance (for those who have paid social insurance premiums for more than the number of years corresponding to the 75% pension rate):
The allowance level calculated according to the number of years of paying social insurance premiums is higher than the number of years corresponding to the pension enjoyment rate of 75%, each year of payment is calculated as 0.5 months of the average monthly salary on which social insurance premiums are based.
* One-time social insurance (applicable to certain cases):
The level of enjoyment is calculated according to the number of years of paying social insurance premiums, and each year gets 02 months of the average monthly salary on which social insurance premiums are based. About details of social insurance premiums for foreigners, refer to this article.
(Article 9 Decree 143/2018/ND-CP)
5. Death Regime
* Funeral allowance:
The allowance is equal to 10 times the base salary in the month the employee dies.
* Monthly survivorship allowance (applicable to certain cases):
The allowance for each relative is equal to 50% of the base salary; In case the relative does not have someone to directly take care of, the allowance level is equal to 70% of the base salary.
* One-time survivorship allowance:
– For the person who is enjoying the death pension:
+ If they die within the first 2 months of receiving their pension, they will receive 48 months of their current pension;
+ If you die in the following months, for every additional 01 month, the allowance will be reduced by 0.5 months of pension, the lowest level is equal to 03 months of currently enjoying pension.
– For the remaining cases, each year of payment of social insurance premium is calculated as:
+ 1.5 months the average monthly salary on which social insurance premiums are based for the years of payment before 2014;
+ 02 months the average monthly salary on which social insurance premiums are based for the years of 2014 onwards.
The lowest level is equal to 03 months of the average monthly salary on which social insurance premiums are based.
(Article 10 of Decree 143/2018/ND-CP)
Non-discriminatory, current laws are creating the best conditions for foreign workers to work and contribute in Vietnam.
If you establish representative offices in Vietnam and worry about Social insurance premiums of foreign workers in Viet Nam, please contact with us!
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Related questions
Pursuant to the provisions of Articles 85, Article 86 of the Law on Social Insurance, the Decree No. 58/2020/ND-CP and Decision 595/QD-BHXH dated April 14, 2017. The compulsory social insurance premium is calculated on the basis of the employee’s monthly salary.
The salary for which voluntary social insurance premiums are based is selected by the employee, however the contribution to the retirement and survivorship fund will be made in accordance with the provisions of law, according to the salary for which social insurance premium payment is selected by the employee.
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