Legal advice

Do I have to pay social insurance when I work abroad?

ST October 17, 2023 14:34

Question: I have participated in social insurance at a company in Vietnam for 4 years, now I am about to go to work in Japan. When I work in Japan, will I still be able to pay social insurance? If so, will it be added to the time I participated in insurance in Vietnam?

Phuong Loan(Thanh Mien)

Reply:Pursuant to Point g, Clause 1, Article 2 of the Law on Social Insurance 2014, Vietnamese employees working abroad under contract are subject to compulsory social insurance.

Specifically, you will enjoy the benefits stipulated in points c, g, h, clause 1, article 6 of the Law on Vietnamese workers working abroad under contract as follows:

Firstly, enjoy salary, wages, medical examination and treatment regime, social insurance, occupational accident insurance and other benefits and regimes according to the labor contract; transfer back to the country salary, wages, income, and other legal assets of the individual according to the provisions of Vietnamese law and the law of the country receiving the labor.

Second, there is no need to pay social insurance or personal income tax twice in Vietnam and in the country receiving the worker if Vietnam and that country have signed an agreement on social insurance or an agreement to avoid double taxation.

Third, pay taxes, participate in social insurance and other forms of insurance according to the provisions of Vietnamese law and the law of the country receiving the workers.

Specifically, according to point b, clause 2, article 85 of the Law on Social Insurance 2014, the method of paying compulsory social insurance for people working abroad under contract is as follows:

- Payment method is made every 3 months, 6 months, 12 months or paid in advance according to the term stated in the contract sending employees to work abroad.

In which, employees pay directly to the social insurance agency where they reside before going to work abroad or pay through the enterprise or career organization that sends employees to work abroad.

- In case of payment through enterprises or career organizations sending employees to work abroad, the enterprises or career organizations shall collect and pay social insurance for employees and register the payment method with the social insurance agency.

- In case the employee has his/her contract extended or signs a new labor contract in the receiving country, he/she must pay social insurance according to the method prescribed in Article 85 of the Law on Social Insurance 2014 or pay it to the social insurance agency after returning home.

Thus, when you go to work abroad as an export laborer, you are still entitled to participate in social insurance in Vietnam according to the provisions of law. The time you pay social insurance when working abroad is still added to the time you have paid social insurance in Vietnam.

If you pay full social insurance, you will enjoy full benefits and social insurance regimes like employees in Vietnam according to the law.

ST
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Do I have to pay social insurance when I work abroad?