People ask: According to Law No. 51/2024/QH15 (Law amending and supplementing a number of articles of the Law on Health Insurance), Point c, Clause 1, Article 12 speaks about a group of workers who are foreign citizens working in Vietnam when working under a labor contract with a term of 12 months or more for an employer in Vietnam, except for cases of people moving within the enterprise as prescribed by the law on foreign workers working in Vietnam or at the time of signing a labor contract who are of retirement age as prescribed in Clause 2, Article 169 of the Labor Code or international treaties to which the Socialist Republic of Vietnam is a member with other provisions.
People ask, then, for cases of female workers who are foreign citizens born on September 21, 1967, and are old enough to retire, will they not have to participate in compulsory health insurance?
Hanoi City Social Insurance answers:
Pursuant to the provisions of Clause 2, Article 169 of the 2019 Labor Code and Article 4 of Decree No. 135/2020/ND-CP dated November 18, 2020 of the Government regulating the retirement age: The retirement age of female workers in normal working conditions by 2025 is 56 years and 8 months.
Pursuant to Point c, Clause 1, Article 12 of the Law on Health Insurance No. 51/2024/QH15, amending and supplementing a number of articles of the Law on Health Insurance effective from July 1, 2025, stipulates that foreign workers working in Vietnam are subject to health insurance participation as follows: When working under a labor contract with a term of 12 months or more for an employer in Vietnam, except for cases of a person moving within an enterprise as prescribed by the law on foreign workers working in Vietnam or at the time of signing a labor contract reaching the retirement age as prescribed in Clause 2, Article 169 of the Labor Code or an international treaty to which the Socialist Republic of Vietnam is a member with other provisions.
Thus, according to the information provided by the people and based on the above regulations, if:
- In case female workers are foreign citizens working in Vietnam at the time of signing the labor contract and have reached the retirement age according to regulations (by 2025, female workers born on September 21, 1967, will be 58 years old). Therefore, this case is not subject to compulsory health insurance.
- In case a female employee is a foreign citizen working in Vietnam but signs a labor contract with a term of 12 months or more with an employer in Vietnam before the time of eligibility for retirement age, the female employee is still subject to compulsory health insurance.
