Accordingly, the current trend of globalization led to the movement of labor between countries in the world and Vietnam is no exception to that trend. In fact, Vietnam nowadays receives much more foreign workers, making such problems as paying unemployment insurance to arise. So, what are the regulations on paying unemployment insurance for foreigners in Vietnam? Let’s find out with LSX!
Legal grounds
- 2013 Employment Law
- Decree 28/2015/ND-CP
Do foreigners have to participate in unemployment insurance?
Hence Article 43 of the Employment Law 2013 and Article 11 of Decree No. 28/2015/ND-CP; employees eligible to participate in unemployment insurance are employees working under the following types of contracts:
- Labor contract or contract of employment with indefinite term
- Labor contract or fixed-term employment contract
- Seasonal or job-specific labor contracts with a term of from full 3 months to less than 12 months
Subjects of adjustment of unemployment insurance are employees who participate in labor relations through labor contracts of an indefinite term, definite term, contracts with the term from full 3 months to less than 12 months. Thus, employers will be responsible for participating in unemployment insurance for employees according to the level of payment prescribed by law on insurance.
However, also according to the provisions of Clause 1, Article 3 of the Employment Law 2013, the employees covered by this Law are:
“1. The employees are Vietnamese citizens aged full 15 years or older, have the ability to work and have a need to work.”
Following this regulation and regulations on subjects participating in unemployment insurance; employees who are subject to compulsory unemployment insurance must be Vietnamese citizens; meet the correct age requirements is 15 years old, be able to work, and have a need to work.
Thus, foreign workers are not required to pay unemployment insurance premiums.
What types of insurance do foreigners have to participate in?
Firstly, based on Article 2 of Decree 143/2018/ND-CP, employees who are foreign citizens working in Vietnam are eligible to participate in compulsory social insurance when:
- Have a work permit or practice certificate; or a practicing license issued by a competent authority of Vietnam
- Having an indefinite-term labor contract; or a definite-term labor contract of full 01 year or more with an employer in Vietnam.
- Not reaching the retirement age as prescribed by law (men from full 60 years old, women from full 55 years old).
Hence Decree 143/2018/ND-CP, foreign workers, when fully meeting the above factors, will implement the following compulsory social insurance regimes: sickness; maternity; insurance for occupational accidents and diseases, and from January 1, 2022, foreign workers will participate in the retirement and survivorship regime.
Secondly, employees are the subjects participating in health insurance; including those who are Vietnamese nationals or foreign nationals working in Vietnam. Therefore, foreigners working under definite-term labor contracts of full 3 months or more, or indefinite-term labor contracts are eligible to participate in health insurance; according to the provisions of Vietnamese law.
Thus, when foreign workers sign labor contracts according to Vietnamese law; they are subject to compulsory social insurance including sickness, maternity, and occupational disease, and health insurance. The time to participate in the above insurance regimes of foreigners starts from the time of signing a labor contract according to Vietnamese law.
Lastly, thank you for paying attention to our article on “Regulations on paying unemployment insurance for foreigners in Vietnam”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.
Related questions
Based on 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 in 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.
Conclusion: So the above is Regulations on paying unemployment insurance for foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
