No table of contents available
You are about to leave Vietnam, but your company has already shut down. Your social insurance (SI) book has not been finalized. The contributions you have made over the years—could they be lost? Who will handle your case now, and is it still possible for you to withdraw your social insurance?
This is a very common concern among foreign employees at the end of their employment in Vietnam.
This article will help you understand your legal rights and provide practical solutions to avoid losing your financial benefits.
Under normal circumstances, the employer is responsible for completing the social insurance finalization process when an employee terminates their contract. However, when a company is dissolved, bankrupt, or no longer operational, the situation becomes much more complicated.
According to the Law on Social Insurance 2014 and Decree 143/2018/ND-CP (applicable to foreign employees), employers are required to fully pay social insurance contributions and complete the finalization process when the employee leaves.
However, if the company no longer exists or fails to fulfill its obligations, the social insurance authority may directly receive and process the employee’s application based on the data available in their system.
This means you do not automatically lose your rights. However, the outcome depends heavily on your documents and the company’s contribution history.
In practice, the social insurance authority cannot finalize your record automatically if information is missing or if the company still owes contributions.
Many cases are delayed because there is insufficient evidence to verify the contribution period.
As a result, many foreign employees find themselves stuck—especially when they are about to leave Vietnam or have already left without completing the procedure.
The answer is yes. This is a legal right recognized under Vietnamese law.
Under current regulations, foreign employees can withdraw social insurance in a lump sum if they have terminated their labor contract and no longer continue working in Vietnam.
Unlike Vietnamese employees, foreign workers are not required to wait for one year after leaving their job. This is a key advantage that allows you to act more quickly.
In addition, in certain cases such as reaching retirement age without sufficient contribution years or having serious illnesses, employees may also request a one-time withdrawal.
You can apply for social insurance withdrawal immediately after terminating your contract, before leaving Vietnam, or even after you have already returned to your home country.
However, the longer you wait, the higher the risk—especially if your company has already ceased operations.
This is the most critical part. If handled incorrectly, you may face long delays or fail to receive your full benefits.
If your contribution data has been properly recorded in the system, you can work directly with the social insurance authority to request finalization.
However, you will still need to provide basic documents such as your labor contract or proof of employment.
This is a common and more complex situation. The authority may finalize your record based on the amount already paid, while the remaining portion will need further resolution.
In this case, you must proactively submit a request and provide supporting documents to prove your working period.
If you have already left Vietnam or no longer have complete documents, the process becomes more difficult—but not impossible.
You can still proceed by authorizing someone in Vietnam to act on your behalf.
In practice, this is a widely used solution to save time and avoid the need to return to Vietnam just for administrative procedures.
Yes. Vietnamese law allows employees to authorize another person to carry out the procedure.
You can prepare a power of attorney either in Vietnam or abroad. If it is issued overseas, it must be legalized and notarized to be valid in Vietnam.
Although authorization seems simple, errors in format or missing information can result in rejection.
This is one of the main reasons why many cases are delayed, even when they are not legally complicated.
According to regulations, the processing time is typically around 10 to 20 working days.
However, in cases where the company has ceased operations, the actual timeline may be longer due to the need for data verification.
Some cases can take several months if documents are incomplete or if there are disputes related to the company’s obligations.
Many foreign employees delay withdrawing their social insurance, assuming they can return to Vietnam later to handle it.
In reality, this can create serious risks.
Data may become incomplete or harder to verify over time. The company may disappear entirely without a legal trace. Personal documents may be lost.
All of these factors can make the process significantly more complicated compared to handling it immediately after leaving your job.
Legal Disclaimer
Each social insurance case is different and depends on factors such as employment history, residency status, and the company’s compliance with its obligations.
Therefore, legal provisions should be applied carefully on a case-by-case basis to avoid errors and delays.
📞 Hotline: (+84) 39 969 0012 (Available via WhatsApp, WeChat, Zalo)
🕒 Working Hours: Monday – Friday (8:30 – 18:00)
Contact us today for a free initial consultation with our experienced lawyers!
Select a platform to view details
