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Thứ 2, Ngày 28/08/2017, 10:00
Question 5
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28/08/2017

Kocham Binh Duong

Facing the issue of social insurance will apply to foreign workers from January 1st; we are concerned that foreign workers will usually return home after 3-4 years of labor in Vietnam, can we get a refund within 2 weeks of submitting claim? We hope the Vietnamese government will have a reasonable solution so that foreign workers can get a refund before returning home.

Social Insurance responded:

In April 2017, the Ministry of Labor, Invalids and Social Affairs submitted a draft Decree detailing and guiding the implementation of a number of articles of the Law on Social Insurance mandatory for employees who are foreign citizen working in Vietnam and had a draft Decree has been circulated widely through seminars from businesses having foreign employees working in Vietnam, is currently in the completing phase. In general, the draft Decree of the implementation of the five social insurance schemes as Vietnamese people include:

 

  1. Sickness
  2. Maternity
  3. Occupational accidents - occupational diseases
  4. Retirement (including one time social insurance)
  5. Death

In sickness - maternity, labor accidents have health recovery.

Regarding to the enjoyment of social insurance once, the social insurance of Binh Duong Province would like to deduct Clause 2, Article 19 of the draft decree as follows:

-Within 30 days of expiration of labor contract or expiration of work permit (whichever comes first), if the employee does not continue to work under a labor contract or is not entitled to an extension of work permit, employees who request for the enjoyment of social insurance once submit dossier as prescribed in Clause 1 of this Article to social insurance agency.

-Within 10 days since receiving dossiers as prescribed, the social insurance agency shall have to settle and organize payment to the laborer.

The above is content of the social insurance once according to draft decree detailing and guiding the implementation of a number of articles of the Law on Social Insurance mandatory for employees who are foreign citizens working in Vietnam.

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