Sending a question to Vietnam Social Insurance, reader N.H said: "I went to work abroad in Japan and have returned to Vietnam. I will soon return to Japan to live and work. Can I participate in Social Insurance when I am in Japan? What is the contribution level? What documents are required? How will I continue acting in Vietnam in the future? ".
Regarding this issue, Vietnam Social Security responds as follows:
Pursuant to Point g, Clause 1, Article 2, Article 85 of the Law on Social Insurance 2014; Clause 2, Clause 3, Article 2 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance: People working abroad under contracts as prescribed in the Law on Vietnamese Workers working abroad under contracts participating in compulsory social insurance as prescribed in this Decree are applied to the following contracts:
- Contracts for sending workers to work abroad with enterprises providing services to send workers to work abroad, career organizations are allowed to send workers to work abroad;
- Contracts for sending workers to work abroad under the form of internships to improve skills with enterprises sending workers to work under the form of internships to improve skills;
- Personal contract.
Regarding the contribution level: The monthly contribution rate to the pension and death fund is equal to 22% of the monthly salary for social insurance contributions of employees before going to work abroad for employees who have participated in compulsory social insurance; equal to 22% of the basic salary for employees who have not participated in compulsory social insurance or have participated in compulsory social insurance but have received one-time social insurance.
Regarding payment methods: The payment method is made every 3 months, every 6 months, every 12 months or paid in advance every once according to the deadline stated in the contract for sending workers to work abroad. Employees pay directly to the social insurance agency where the employee resides before going to work abroad or pay through enterprises or career organizations sending employees to work abroad.
In case of payment through enterprises or service organizations sending workers to work abroad, enterprises or service organizations collect, pay social insurance to employees and register the payment method to the social insurance agency.
In case the employee is allowed to renew a contract or sign a new labor contract in the receiving country, the social insurance payment is made according to the method specified at Point b, Clause 2, Article 85 of this 2014 Law on Social Insurance or paid to the social insurance agency after returning home.
Regarding paperwork:
- Declaration of participation and adjustment of social insurance and health insurance information (Form TK1-TS - issued according to Consolidated Document No. 2525/VBHN-BHXH dated August 15, 2023 of Vietnam Social Insurance promulgating the process of collecting social insurance, health insurance, unemployment insurance, unemployment insurance, NLDN).
- Overseas labor contracts or extended labor contracts accompanied by documents extending labor contracts or newly signed labor contracts in the country receiving workers under the contract.
In case he later returns to Vietnam and falls into one of the cases specified in Clause 1, Article 2 of the Law on Social Insurance 2014, or Clause 1, Article 2 of the Law on Social Insurance 2024 (effective from July 1, 2025), he is subject to compulsory social insurance according to regulations.
In case he is not eligible to participate in the above compulsory social insurance, if he wishes, he/she can pay voluntary social insurance to combine with the previous social insurance payment period (if any) as a basis for enjoying social insurance regimes according to the provisions of law.
Mr. H is requested to base on the above regulations to implement and ensure social insurance benefits.
