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Are you about to leave Vietnam after many years of working? You have contributed to social insurance but are not sure whether you can get it back? If not handled in time, could that money “disappear”? This is a question that many foreigners as well as HR departments of FDI enterprises are concerned about during the period of preparing to exit Vietnam. In fact, Vietnamese law allows foreigners to receive back the social insurance contributions they have paid, but the conditions, timing, and procedures are not simple. If you do not clearly understand, you may completely miss out on a significant financial amount. This article will help you clearly see your rights and practical ways to handle them before it is too late.
When working in Vietnam, many foreigners participate in compulsory social insurance according to regulations, but do not clearly understand what they will receive when leaving. This leads to a reality where many people have missed their benefits simply due to lack of information or misunderstanding of the regulations.
The answer is yes, but specific legal conditions must be met. According to the Law on Social Insurance 2014 and Decree 143/2018/ND-CP, foreign employees who are subject to compulsory social insurance participation in Vietnam are entitled to a lump-sum social insurance payment when they have terminated their labor contract and no longer reside in Vietnam, or fall into other cases as prescribed.
This means that if you are preparing to leave Vietnam and not return to work, you are fully entitled to receive back the amount you have contributed during your working time here. However, this right is only guaranteed when you carry out the procedures correctly and at the right time.
Many people often consider social insurance as a mandatory cost, but in fact it is a significant financial benefit. The amount you receive includes not only the portion you have contributed but also the portion the employer has contributed on your behalf during your working period.
The total value of this amount will be calculated based on the number of years participating in social insurance and the salary used for contribution. In many real cases, the amount received can reach tens or even hundreds of millions of VND. This is not a small amount, especially for those who have worked in Vietnam for many years.
A concerning point is that many people do not check their benefits before leaving Vietnam. Some people do not know they are eligible so they do not submit an application, while others leave too quickly and do not have enough time to handle the procedures.
In addition, not having a representative in Vietnam also makes the process after returning to the home country more difficult. There are cases where after one to two years of returning home, people realize they have not withdrawn social insurance, leading to the process becoming much more complicated, time-consuming, and costly.
Clearly understanding your rights is only the first step, the more important thing is to carry out the process correctly and in time so as not to lose the money that rightfully belongs to you. Below are practical guidelines to help you handle the process effectively.
The timing of submitting the application plays a very important role in the entire process. You can choose to submit the application before leaving Vietnam or after returning to your home country. However, in reality, handling it before departure is always much more convenient.
When you are still in Vietnam, you have full documents, it is easier to verify information, and you do not need to carry out complicated procedures such as consular legalization or translation. This helps save significant time and minimize the risk of the application being rejected.
In case you have already left Vietnam, you can still carry out the procedure to withdraw social insurance. However, the process will be more complicated because you need to authorize someone in Vietnam to act on your behalf.
Authorization documents must be notarized, legalized, and translated into Vietnamese as prescribed. This is a step that causes many people difficulties, especially when they are not familiar with administrative procedures in Vietnam or do not have a reliable person to support them.
The law allows you to authorize another person to carry out the procedure of withdrawing social insurance. The authorized person can be a friend, a relative, or a professional unit such as a law firm.
In practice, many people choose to authorize lawyers to ensure the application is handled accurately, quickly, and to minimize errors. This is a particularly useful solution in urgent cases or when the file has complex elements.
According to regulations, the time for processing a lump-sum social insurance application is usually about 10 to 15 working days from the time a valid application is received. However, in reality, this time may be longer if the application lacks information, has errors, or requires further verification.
Therefore, preparing a complete and accurate application from the beginning is a key factor to help you save time and avoid unnecessary complications.
Before leaving Vietnam, you should spend time checking your entire social insurance participation status, including the time contributed and the continuity of participation. At the same time, you also need to ensure that you have met all legal conditions, especially the termination of the labor contract and confirmation that you no longer reside in Vietnam.
In addition, preparing a complete set of documents is something that cannot be overlooked. Important documents usually include social insurance information, passport, and decision on termination of employment. Missing or incorrect documents may cause the application to be returned or delay the processing time.
Finally, you need to clearly determine your plan for handling the process, including whether to do it yourself or authorize someone else, as well as choosing the appropriate time to proceed. In many cases, preparing early before leaving Vietnam will help the process go more smoothly and conveniently.
Just missing a small step among the above factors can significantly prolong the entire process, and may even cause you to miss your financial benefits.
Many people wonder whether they can withdraw social insurance if they have contributed for less than one year. The answer is yes, because foreigners are not subject to a minimum contribution period requirement in this case.
Another common question is whether it is still possible to withdraw after having returned home for two years. In many cases it is still possible, but it is necessary to review the specific file and prepare for a more complex process.
In the case of not keeping the social insurance book, it is still possible to handle, however more time will be needed to verify information. In addition, you are not required to be present in Vietnam because you can legally authorize another person to carry out the procedure. After the application is approved, the time to receive the money usually only takes a few working days.
Social insurance benefits for foreigners depend on many factors such as contribution period, residence status, legal documents, and regulations applicable at each time. Therefore, each case needs to be considered separately to ensure compliance with current legal regulations.
Are you facing a similar issue? Are you about to leave Vietnam or have already returned home but have not withdrawn your social insurance?
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