Our agency has signed a labor contract with a foreigner. In November 2024, we participated in mandatory social insurance and health insurance for the employee. Can we voluntarily participate in unemployment insurance for foreign workers? When these worker terminate their employment, will they receive unemployment benefits?
According to Article 2, Article 3, and Article 43 in 2013’s Law on Employment (Law No. 38/2013/QH13), a “worker” is defined as a Vietnamese citizen who is full 15 years or older, has ability to work and seek employment. Such workers are obliged to participate in the unemployment insurance scheme when working under labor contracts or working contracts as below:
- Labor contracts or working contracts of indefinite time;
- Labor contracts or working contracts of definite time;
- Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.
In accordance with the above regulations, foreign workers working in Vietnam are not subject to unemployment insurance participation as stipulated, so the Vietnam Social Security has no legal basis to collect unemployment insurance contributions from foreigners working in Vietnam
Sickness
Work Injury and Occupational Disease
Survivor’s
Old-age
Maternity
Unemployment
Medical (Health Insurance)
Certificate of coverage
VSS - ISSA Guidelines on Social Security
