In what cases can foreigners working in Vietnam receive their social insurance benefits?

You've worked in Vietnam for several years, paying social insurance contributions every month. But then the day comes to leave – the biggest question arises: "Can I get this money back?"

Many foreigners find themselves in a very familiar situation: about to fly but haven't had time to complete the procedures, don't understand Vietnamese law, or have already returned home and worry that they've "lost" their benefits. In reality, if you understand the regulations correctly, you can absolutely receive a lump-sum social insurance payment – ​​the only question is whether you do it correctly.

1. Do foreigners have the right to receive a refund of their social insurance contributions?

First, it needs to be clearly stated that Vietnamese law protects the social insurance rights of foreign workers.

According to the 2014 Social Insurance Law and Decree 143/2018/ND-CP, foreign workers legally employed in Vietnam who are subject to mandatory social insurance will receive corresponding benefits, including a lump-sum social insurance payment when eligible. This means that the money you have contributed is not lost, but is recorded and can be claimed back.

2. Cases where foreigners can receive a lump-sum social insurance payment:

Termination of employment contract and no longer residing in Vietnam

This is the most common case for foreigners working in Vietnam.

When you have quit your job and no longer live or work in Vietnam, you have the right to apply for a lump-sum social insurance payment. In fact, most of the applications processed by DEDICA fall into this situation. The important point is that you need to prove that you are no longer residing in Vietnam. If you are preparing to leave, you should plan to process the application early; if you have already returned to your home country, you can still do so through authorization.

Eligible for a pension but not planning to stay in Vietnam

In some cases, foreign workers have met the age and social insurance contribution requirements to receive a pension as stipulated.

However, if you do not plan to stay in Vietnam long-term, receiving a monthly pension may no longer be suitable. In that case, the law allows you to choose to receive a lump-sum social insurance payment instead of a regular pension. This is a solution to secure your financial benefits in one go before leaving Vietnam, avoiding complicated procedures later.

Suffering from a life-threatening illness as defined by regulations

In addition to employment and residency factors, the law also has a humanitarian mechanism for special cases. If a worker suffers from a life-threatening illness (according to the prescribed list), they may be granted a lump-sum social insurance payment to cover treatment needs.

However, this case requires complete medical records and confirmation from the competent authority. Accurate documentation is essential to avoid delays in processing.

3. When is the best time to withdraw your social insurance contributions?

Not everyone knows that choosing the wrong time can cause delays, missing documents, or even require starting the process over again. Therefore, determining the right time will save you a lot of time and effort.

Before leaving Vietnam

If you prepare early, this is always the best option.

While still in Vietnam, you have a significant advantage: you can easily complete the application, sign documents directly, and handle any arising issues immediately. This significantly reduces the risk of missing documents or having to provide additional information multiple times. Especially for applications requiring confirmation from the company or relevant agencies, being in Vietnam will make the process much faster and more proactive.

However, in reality, not everyone has enough time. Many people have to leave Vietnam urgently due to contract expiration, job changes, or personal reasons.

After returning to your home country

You can still withdraw your social insurance benefits even after leaving Vietnam.

This is a practical solution chosen by many of DEDICA's clients. You don't need to return to Vietnam – instead, you can authorize a relative or legal entity in Vietnam to handle the process on your behalf.

However, when doing this from abroad, please note:

• The power of attorney must be properly formatted (consular legalization may be required).
• Documents need to be prepared accurately from the start to avoid being rejected.
• Processing time may be longer if documents are missing.

Therefore, having a legally knowledgeable firm in Vietnam to assist you will help minimize risks and ensure you receive your money on time.

DEDICA Law can assist you quickly, legally, and flexibly, even when you are no longer in Vietnam.

Contact DEDICA Law Firm for expert legal advice!

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