Can foreigners who have been unemployed for less than 12 months withdraw their social insurance contributions in Vietnam?

Many foreigners who leave their jobs in Vietnam often hear that they have to "wait 12 months" before they can withdraw their social insurance (BHXH) in a lump sum. Therefore, many think that if they've only been unemployed for a few months, they certainly can't file for it yet.

However, since the 2024 Social Insurance Law was enacted and became the current legal basis for social insurance issues in Vietnam, the understanding of the conditions for receiving social insurance benefits for foreign workers needs to be more accurate. In reality, the regulations applied to foreigners differ significantly from the common belief that many people are spreading by word of mouth.

Does the requirement to "waive 12 months" apply to foreigners?

This is a point of confusion for many people.

According to current regulations, the condition of "not continuing to participate in social insurance after 12 months" mainly applies to certain cases for Vietnamese workers when requesting a lump-sum social insurance payment. However, for foreign workers, the application mechanism is different. Specifically, according to the 2024 Social Insurance Law and related regulations on foreign workers participating in mandatory social insurance in Vietnam, foreign workers may be considered for a lump-sum social insurance payment upon termination of their employment contract or when they no longer meet the conditions to continue working legally in Vietnam.

This means that, in many cases, foreigners do not necessarily have to wait 12 months from the date of leaving their job to be able to complete the procedure for receiving a lump-sum social insurance payment.

So why are many people still asked to "wait longer"?

In reality, the reason many applications cannot be processed immediately is often not due to the "12-month deadline," but rather to the legal status and social insurance data of the employee.

For example, if the previous company has not finalized the social insurance record, the system still shows you participating in social insurance, or the work permit is still valid and has not been updated correctly. The social insurance agency may need more time to verify before processing the application. Additionally, if the employee continues to sign contracts with another company in Vietnam or is still participating in social insurance under a new entity, the application for a lump-sum social insurance benefit will not be processed as "completely terminated employment."

What if I quit my job but my visa is still valid?

This is also a fairly common situation for foreigners. Many people think that as long as their visa is still valid, they cannot withdraw their social insurance. However, the visa and the conditions for receiving social insurance are two different legal issues.

In many cases, workers have terminated their employment contracts and are no longer working in Vietnam but still have valid residency time under their visa or temporary residence permit. In such situations, the Social Insurance agency will usually consider the nature of the employment relationship and social insurance participation status rather than just the visa validity period.

In many cases, even though individuals have been unemployed for quite some time, their applications are delayed due to incomplete social insurance data. For example, the former company may not have completed the finalization procedures, personal information in the system may not be synchronized, or the employee may have had multiple social insurance numbers. In these situations, the social insurance agency will need additional time to verify the information before confirming eligibility for benefits.

If you are a foreign worker in Vietnam, not having worked for 12 months yet does not automatically mean you cannot withdraw your social insurance. According to current regulations, the more important condition is that you have legally terminated your employment relationship and are no longer participating in social insurance in Vietnam.

However, each individual's case may vary depending on their work permit status, social insurance data, and work history. Therefore, instead of relying solely on anecdotal information, you should check your specific records before deciding when to submit your application.

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