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According to Clause 2, Article 2 of the 2024 Law on Social Insurance (effective from July 1, 2025), foreign nationals working in Vietnam must participate in compulsory social insurance if they are employed by organizations in Vietnam under contracts with a term of at least 12 months.

However, the Law also clearly stipulates cases in which foreign workers are not subject to compulsory social insurance, including: (1) They are internally transferred within the enterprise in accordance with the regulations on foreign workers in Vietnam; (2) They have reached the retirement age by the time of signing the employment contract as prescribed in Clause 2 Article 169 of the Labor Code; (3) An international treaty to which the Socialist Republic of Vietnam is a signatory prescribes otherwise.

Most foreign workers working long-term in Vietnam have obligations and rights to participate in compulsory social insurance, similar to Vietnamese workers.

The 2014 Social Insurance Law stipulated that foreign workers in Vietnam with a work permit or professional certificate issued by the competent authority of Vietnam were entitiled to participate in compulsory social insurance as prescribed by the government, without specifying the duration of the contract. In contrast, the 2024 Law on Social Insurance requires that foreign workers must have a labor contract with a term of at least 12 months in order to be subject to compulsory social insurance. This provision helps clarify the scope of applicable subjects, ensuring transparency and ease of implementation.

Foreign workers subject to compulsory social insurance are entitled to benefits including sickness, maternity, work injury and occupational diseases, retirement, and survivorship. Both foreign workers and employers must comply with the Social Insurance Law and its implementing regulations regarding contribution collection procedures and payment methods.