Thursday, 12/11/26
Foreign employees working in Vietnam under employment contracts are required to participate in compulsory social insurance in accordance with Vietnamese law. When their employment in Vietnam comes to an end or their Work Permits expire without renewal, they may be eligible to receive a lump-sum social insurance payment under applicable regulations.
However, the withdrawal process involves several important considerations, including eligibility requirements, social insurance contribution finalization, required documents, benefit calculation, and application procedures. For foreign employees who have already returned to their home countries, completing these procedures may also require additional coordination and authorization arrangements.
In this article, Visa5s.com provides practical guidance on one-time social insurance withdrawal for foreigners in Vietnam, helping you understand your entitlements, prepare the necessary documents, and navigate the application process more conveniently.
CAN FOREIGNERS WITHDRAW SOCIAL INSURANCE IN VIETNAM?
Foreign employees who participate in compulsory social insurance in Vietnam are entitled to claim a lump-sum social insurance payment when they meet one of the conditions specified under Clasue 2 Article 70 of Law No. 41/2024/QH15 about Social Insurance.
Under Social Insurance Law, foreign employees may qualify for a lump-sum social insurance payment in several circumstances, including the termination of their employment contracts or the expiration of their Work Permits, professional practice certificates, or practice licenses without renewal.
Unlike Vietnamese employees, foreign employees are subject to a separate set of eligibility conditions. Therefore, they do not have to satisfy the 12-month waiting period applicable to a particular category of Vietnamese employees withdrawing social insurance.
Below is detailed information of the related clause in Social Insurance Law:
Clause 2, Article 2 of Law No. 41/2024/QH15:
2. Foreign nationals working in Vietnam are subject to compulsory social insurance if they are employed under a definite-term labor contract with a duration of 12 months or more with an employer in Vietnam, except in the following cases:
a) They are intra-corporate transferees, as defined by the laws governing foreign workers in Vietnam;
b) At the time of entering into the labor contract, they have reached the retirement age stipulated in Clause 2, Article 169 of the Labor Code;
c) An international treaty to which the Socialist Republic of Vietnam is a party provides otherwise.
Clause 2 Article 70 of Law No. 41/2024/QH15:
“2. Individuals specified in Clause 2, Article 2 of this Law who have ceased participating in social insurance may, upon request, receive a one-time social insurance payment if they fall into any of the following categories:
a) They have reached the retirement age but have not yet completed 15 years of social insurance contributions;
b) They are suffering from one of the following conditions: cancer, paralysis, decompensated cirrhosis, severe tuberculosis, or AIDS;
c) They have a loss of working capacity of 81% or higher, or are classified as having a particularly severe disability;
d) They meet the requirements for a pension but no longer reside in Vietnam;
e) They have terminated their employment contract, or their work permit, professional practice certificate, or professional practice license has expired without being renewed.”
WHEN CAN FOREIGNERS APPLY FOR A LUMP-SUM SOCIAL INSURANCE PAYMENT?
Foreign employees may apply for a lump-sum social insurance payment when they fall under one of the eligible circumstances specified in Clause 2 Article 70 of Law No. 41/2024/QH15 and have completed the required social insurance finalization procedures.
For foreign employees, the eligible circumstances include:
Before submitting the application, foreign employees should ensure that:
Once these requirements have been fulfilled, employees can proceed with preparing and submitting their application for a lump-sum social insurance payment to the competent social insurance authority.
REQUIRED DOCUMENTS AND APPLICATION PROCEDURES OF ONE-TIME SOCIAL INSURANCE WITHDRAW FOR FOREIGNERS IN VIETNAM
1. Required Documents
Under Clasue 01 Article 78 of Law No. 41/2024/QH15, the basic documents required for a lump-sum social insurance application include:
|
No. |
Document Name |
Discription |
|
1 |
Application for Lump-Sum Social Insurance Payment |
A written request for a lump-sum social insurance payment (Form No. 14-HSB). |
|
2 |
Social Insurance Book Cover |
The original social insurance book cover. |
|
3 |
Separate Social Insurance Record Sheets
|
The original separate sheets recording the employee's finalized social insurance contribution history. |
|
4 |
Decision on Labor Contact Termination |
Original or Notarized true copy |
|
5 |
Passport of the foreigner |
Certified translation into Vietnamese |
|
6 |
Work Permit |
Photocopy |
|
7 |
Power of Attorney Agreement |
Must be carried out at a Notary Office Only applicable for case of submitting under authorization |
|
8 |
ID Card of the authorized person |
Only applicable for case of submitting under authorization |
2. Application Procedures
The application process for a lump-sum social insurance payment for foreign employees in Vietnam generally involves the following steps:
|
Step Orders |
Discription for each step |
|
Step 1: |
|
|
Step 2: |
|
|
Step 3: |
|
|
Step 4: |
Prepare the application documents, including:
|
|
Step 5: |
Submit the complete application to the competent social insurance authority in accordance with the applicable submission procedures. |
|
Step 6: |
|
CAN FOREIGNERS AUTHORIZE SOMEONE TO HANDLE THEIR APPLICATION?
Foreign employees who cannot personally attend to their social insurance application in Vietnam may consider authorizing another person to assist with the relevant procedures.
This can be particularly useful for employees who have already returned to their home countries.
The Authorization Process May Involve:
What can an authorized representative assist with?
Depending on the scope of authorization and the receiving authority's requirements, the representative may assist with:
PROCESSING TIME AND COMMON APPLICATION ISSUES
Processing Time
Under Clause 3, Article 79 of Law No. 41/2024/QH15, the social insurance authority is responsible for processing a lump-sum social insurance application within 07 working days from the date of receipt of a complete application.
If the application is not approved, the authority must provide a written response explaining the reasons.
The statutory processing period should be distinguished from the overall time required to prepare documents, arrange authorization, or resolve discrepancies in contribution records.
Common Application Issues
Foreign employees may encounter several issues during the application process:
|
Common Issues |
Explanation |
|
Missing Social Insurance Book |
The employee cannot provide the required social insurance book. |
|
Incomplete Contribution Records |
Certain contribution periods have not been fully recorded or updated. |
|
Incorrect Personal Information |
Differences in passport details or personal information between documents. |
|
Unclear Employment Termination Records |
Supporting documents do not adequately establish the relevant employment termination circumstances. |
|
Authorization Issues |
The authorization documents do not meet the receiving authority's requirements. |
|
Payment Information Issues |
Incorrect or incomplete banking information affects payment arrangements. |
Recommendation: Foreign employees should review their social insurance contribution history and verify their personal information before submitting an application to reduce the risk of delays or requests for additional documents.
FREQUENTLY ASKED QUESTIONS
1. Can foreigners withdraw social insurance after working in Vietnam for less than one year?
Yes. Foreign employees may qualify for a lump-sum social insurance payment even if they have contributed for less than one year, provided they meet an eligible condition under Clause 2, Article 70.
2. Do foreigners have to leave Vietnam before withdrawing social insurance?
No. Foreign employees do not have to leave Vietnam to claim a lump-sum payment if they qualify under the employment termination or permit expiration conditions specified in Clause 2, Article 70.
3. Can foreigners withdraw social insurance if their Work Permit expires?
Yes. Foreign employees may qualify when their Work Permits expire without renewal.
4. How long does it take to receive a lump-sum social insurance payment?
The social insurance authority must process a complete application within seven working days. Additional document preparation or verification may affect the overall timeline.
5. Can someone else withdraw social insurance on behalf of a foreign employee?
An employee may consider authorizing a representative to assist with the application, subject to the applicable authorization requirements and the scope of tasks accepted by the social insurance authority.
6. How much social insurance will foreigners receive when withdrawing?
For contribution periods from 2014 onwards, the benefit is generally calculated at two months of the average monthly salary for each year of contributions. The actual amount depends on the employee's official contribution records.
NEED ASSISTANCE WITH SOCIAL INSURANCE WITHDRAWAL IN VIETNAM?
Claiming a lump-sum social insurance payment in Vietnam can involve several steps, from checking eligibility and finalizing social insurance contribution records to preparing application documents and completing authorization procedures. Our team can assist you with:
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