Foreign workers are not eligible to participate in unemployment insurance in Vietnam.
According to the provisions of Article 2 of the Employment Law 2013, the subjects of the 2013 Employment Law are employees, employers, and other agencies, organizations, and individuals related to employment. In which, employees are Vietnamese citizens from full 15 years of age or older, have the working ability and need to work.
Based on the above provisions, foreign workers are not subject to the provisions of the Employment Law 2013.
What kind of insurance are available to foreign workers in Vietnam?
Foreign workers are not eligible to participate in unemployment insurance but will participate in two types of insurance including compulsory social insurance and health insurance.
Compulsory social insurance
Pursuant to Clause 1, 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 meeting the following conditions:
- Having a work permit or practice certificate or practice license issued by a competent authority of Vietnam.
- Having an indefinite-term labor contract or a definite-term labor contract of a full 1 year or more with an employer in Vietnam.
Foreign workers are not obligated to pay social insurance if they fall into one of the following categories:
1. relocating within the company in accordance with regulations.
In which, foreign workers moving within the enterprise are managers, executives, experts, and technical labor of a foreign enterprise that has established a commercial presence in the territory of Vietnam, temporarily moving within the enterprise to have a commercial presence in the Vietnamese territory and have been employed by the foreign enterprise for at least 12 consecutive months.
2. The employee has reached the retirement age as prescribed in Clause 1, Article 187 of the Labor Code.
In addition to the provisions in Clause 1, Article 5 of Decree 143/2018/ND-CP, qualified foreign workers will be entitled to the following compulsory social insurance regimes: sickness; maternity; occupational accident and occupational disease insurance; retirement, and death.
The Law on Health Insurance (amended in 2014) applies to domestic and foreign organizations and individuals in Vietnam related to health insurance.
In addition, according to Article 12 of the Law on Health Insurance 2008 (amended 2014) stipulating the subjects participating in health insurance for employees working under labor contracts of an indefinite term, labor contracts with a term of full 3 months or more; the employee who is the manager of the enterprise receives a salary; officials and civil servants.
Based on the preceding, it may be decided that foreign workers are eligible for health insurance and must meet the requirements of a labor contract with a term of 3 months or more.