Accordingly, payment of health insurance for foreigners is an important issue for many businesses when the use of foreign workers is increasingly popular. Therefore, this article will answer the question of does the company has to pay health insurance for foreign workers?
Legal grounds
- Law on Health Insurance 2008 (amended and supplemented 2014)
- Decision 595/QD-BHXH
- Decree 146/2018/ND-CP
Does the company have to pay health insurance for foreign workers?
Hence Clause 2, Article 1 and Point a Clause 1, Article 12 of the 2014 Law on Health Insurance:
“Article 1. Scope of regulation and subjects of application
This Law applies to domestic organizations and individuals and foreign organizations and individuals in Vietnam related to health insurance”.
“Article 12. Health insurance participants
- Groups paid by employees and employers, including:
- Employees working under indefinite-term labor contracts or labor contracts with a term of full 3 months or more; the employee who is the manager of the enterprise receives a salary; cadres, civil servants and public employees (hereinafter referred to as employees)”.
Thus, foreign workers are also subject to the current Health Insurance Law. Moreover, the company and this foreign worker will be required to participate in health insurance if this person works under an indefinite term labor contract, a contract with a term of 3 months or more.
Compulsory health insurance premium for foreign workers
Hence Clause 1, Article 17 of Decision 595/QD-BHXH, an employee working under an indefinite term labor contract, a labor contract with a term of 3 months or more, an enterprise manager, Management and administration of cooperatives with salary, working at agencies, units, organizations… all have to participate in health insurance (HI).
Following that basis, according to Article 18 of this Decision:
The employee’s total monthly health insurance premium payment is equal to 4.5% of the monthly salary. In fact, the employer pays 3%; employees pay 1.5%. The monthly salary on which health insurance premiums are based in the monthly salary on which the compulsory social insurance premium is based.
Thus, the law on health insurance does not discriminate against employees who are Vietnamese citizens or foreign citizens. Therefore, the level of health insurance premium for foreign workers is similar to that of Vietnamese workers. Specifically, the monthly payment is equal to 4.5% of the monthly salary, in which the employer pays 3%, employees pay 1.5%. The monthly salary on which health insurance premiums are based in the monthly salary.
Health insurance benefits of foreign workers
Following Clause 1, Article 14 of Decree 146/2018/ND-CP, it stipulates that when participating in health insurance at enterprises, foreign workers are the same as Vietnamese workers; thus entitled to 80% of medical examination and treatment expenses in the list when going to medical examination and treatment, functional rehabilitation, periodical antenatal check-up, and giving birth on the right route.
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In the following cases, foreigners will be able to change their health insurance cards:
– Torn, broken, or damaged.
– Change of place of initial medical examination and treatment registration.
– The information on the card is incorrect.
If a foreigner has paid health insurance premiums and receives medical examination and treatment at the right level at hospitals and medical examination and treatment establishments as prescribed. The health insurance premium for foreigners is 80% of medical examination and treatment costs.
For out-of-network medical examination and treatment, the health insurance benefits for foreigners who have paid health insurance premiums are as follows:
1. 40% of medical examination and treatment costs at central hospitals.
2. 60% of medical examination and treatment costs at provincial hospitals.
3. 100% of medical examination and treatment costs at district hospitals.
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