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Many foreigners find themselves in a difficult situation after leaving their jobs in Vietnam: their former company has dissolved, HR is no longer responding, or they have returned to their home country and have no one to assist with the procedures. The most common question then is: “Can I handle the process directly with the Social Insurance agency without my company?”
This is a very real issue, especially in cases related to withdrawing a lump-sum social insurance payment, verifying contribution history, or processing incomplete social insurance records. The important thing is: in many cases, employees can absolutely work directly with the Social Insurance agency, but this will depend on the status of each individual's file and data.
According to the 2024 Social Insurance Law, businesses are responsible for registering, paying social insurance, and handling related procedures for employees throughout their employment. This leads many to believe that all social insurance procedures must go through the company. However, in reality, the social insurance agency directly manages data and handles employee benefits. The company only plays a role in fulfilling its obligations while you are still employed.
When the employment relationship has ended, especially in cases where the company is no longer operating or is uncooperative, employees still have the right to proactively work with the social insurance agency to protect their rights.
There are quite a few real-life situations where employees have to handle their own paperwork without the support of the company.
For example, the company may have dissolved before the finalization of the social insurance record, the business may have ceased operations without clear notification, or the former HR department may no longer be contactable. Additionally, many foreigners only discover their social insurance records are incomplete after returning to their home countries and are unable to return to Vietnam to process them directly with the company.
In such cases, the social insurance agency can still accept and review your records based on the data stored in the system.
This doesn't mean you can completely "skip" the legal steps related to your company. In fact, the Social Security agency still needs to verify your participation history based on previously declared company data.
However, instead of going through HR or a company representative, you can work directly with them:
The important point is that your records need to be verifiable and cross-checked within the system.
Foreign workers subject to mandatory social insurance will receive corresponding benefits if they meet the conditions as stipulated.
This means that foreigners also have the right to directly work with the social insurance agency in procedures related to their rights, especially when their employment contract has ended or their work permit has expired and has not been renewed. However, in practice, foreign workers' records often require more thorough checks regarding work permits, residency status, and the date of legal termination of employment in Vietnam.
Although the law allows workers to directly handle their applications, not all cases are simple. Difficulties often arise when social insurance data has not been fully finalized or the former employer still owes social insurance contributions. In these cases, the social insurance agency may need more time to verify and cross-check information before processing benefits. Additionally, if you have worked for multiple companies or had different social insurance numbers, merging the data may also prolong the processing time.
If you are no longer in Vietnam, you can still work with the Social Insurance agency through authorization. An authorized person in Vietnam can submit documents, work with the Social Insurance agency, and receive results on your behalf. However, the authorization document must be valid and, if signed abroad, usually needs to be notarized and legalized by the consulate before being used in Vietnam.
For urgent or complex cases, support from DEDICA can significantly save you time, minimize errors, and ensure your Social Insurance benefits are implemented correctly according to Vietnamese law.
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