There are several foreign employees working for my company. I would like to know if we are responsible for paying compulsory social insurance for them and the insurance premium rate (if any).
FDVN’s opinion:
Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice for your question.
[1] From December 1, 2018, employees who are foreign nationals working in Vietnam have to participate in compulsory social insurance.
Being different from the previous regulations, it is regulated in Decree No. 143/2018/NĐ-CP dated on October 15, 2018 that from December 1, 2018, employees who are foreign nationals working in Vietnam have to participate in short-term compulsory social insurance such as sickness, maternity, occupational accident, disease insurance benefits and long-term compulsory social insurance such as retirement and death insurance benefits from January 1, 2022.
Conditions for employees who are foreign nationals to participate in the compulsory social insurance: (Clause 1 Article 2 of Decree No. 143/2018/NĐ-CP)
– Obtaining work permits, practicing certificates, practicing licenses issued in Vietnam; and
– Obtaining indefinite-term employment contracts or employment contracts valid for at least one year with employers in Vietnam.
– Being excluded from participation in the compulsory social insurance as provided in Clause 2 Article 2 this Decree:
+ Foreign workers internally reassigned in the company are the managers, chief executive officers, experts and technicians of a foreign enterprise which has established a commercial presence in Vietnam, are temporarily reassigned within the same enterprise to its commercial presence in Vietnam and have been employed by the foreign enterprise for at least 12 months.
+ Foreign workers reach retirement age under occupation regulations.
[2]. Contribution rates and payment methods (Article 12, Article 13 of Decree No. 143/2018/NĐ-CP)
1. At the employee side:
– From January 1, 2022, the employee shall, on a monthly basis, make a social insurance contribution accounting for 8% of his/her monthly pay to the retirement and death benefit fund.
– The employee who neither works nor receives salaries or wages for a period of at least 14 working days in each month shall not be bound to pay the social insurance contribution in that month. This month shall not be taken into account to determine entitlement to social insurance benefits, except for parental leaves.
2. At the employer side:
– The employer specified in Clause 3 Article 2 hereof shall, on a monthly basis, make a social insurance contribution in proportion to the employee’s payroll in the SI payment month as follows:
a) 3% paid into the sickness and parental insurance benefit fund;
b) 0.5% paid into the occupational accident and disease benefit fund;
c) 14% paid into the retirement and death insurance benefit fund, in effect from January 1, 2022.
– The employee who neither works nor receives salaries or wages for a period of at least 14 working days in each month shall not be bound to pay the social insurance contribution in that month. This month shall not be taken into account to determine entitlement to social insurance benefits, except for parental leaves.
– The employee who enters into multiple employment contracts with more than one employer and is required to participate in the compulsory social insurance program, both the employee and the employer shall only have to pay social insurance contributions as agreed upon in the first employment contract. If wishing to participate in the occupational accident and disease insurance fund, the employee shall be required to pay social insurance contributions per each employment contract.
Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.
Legal Expert: Nguyen Thi Suong
FDVN Law Company
– 99 Nguyen Huu Tho street, Hai Chau district, Da Nang city.
Law Firm in Hue city:
– 336 Phan Chau Trinh street, Hue city, Thua Thien Hue province.
Law Firm in Phu Quoc island:
– 65 Hung Vuong street, Dong Duong town, Phu Quoc island district, Kien Giang province.
Website: www.fdvn.vn www.tuvanphapluatdanang.com
Email: fdvnlawfirm@gmail.com luatsulecao@gmail.com
Mobile: 0935 643 666 – 0906 499 446
Fanpage: https://www.facebook.com/fdvnlawfirm/
Other Articles
- NGHỊ ĐỊNH SỐ 385/2026/NĐ-CP CỦA CHÍNH PHỦ VỀ KIỂM SOÁT THỦ TỤC HÀNH CHÍNH
- VENTURE CAPITAL MODEL AGREEMENT WITH COMMENTARY: A CLAUSE-BY-CLAUSE GUIDE FOR LAWYERS IN ANY JURISDICTION BY HERMAN, HENRY & DOMINIC
- NGHỊ ĐỊNH 371/2026/NĐ-CP QUY ĐỊNH CHI TIẾT VIỆC TUYỂN DỤNG, QUẢN LÝ NGƯỜI LAO ĐỘNG VIỆT NAM LÀM VIỆC CHO CÁC TỔ CHỨC, CÁ NHÂN NƯỚC NGOÀI TẠI VIỆT NAM
- THỦ TỤC XIN CẤP LÝ LỊCH TƯ PHÁP CHO NGƯỜI NƯỚC NGOÀI 2026 / PROCEDURES FOR OBTAINING CRIMINAL RECORDS FOR FOREIGNERS IN 2026
- THỦ TỤC HƯỞNG BẢO HIỂM XÃ HỘI MỘT LẦN CHO NGƯỜI NƯỚC NGOÀI 2026 / PROCEDURES FOR LUMP-SUM SOCIAL INSURANCE ALLOWANCE FOR FOREIGNERS IN 2026
- THE HAPPY LAWYER: MAKING A GOOD LIFE IN THE LAW BY NANCY LEVIT & DOUGLAS O.LINDER
- VIETNAM INVESTMENT PROMOTION GUIDEBOOK 2026 BY VIETNAM TRADE PROMOTION AGENCY - MINISTRY OF INDUSTRY AND TRADE
- THE COMMERCIAL LAWYER'S MIND: UNDERSTANDING BUSINESS WITHOUT BECOMING A BANKER (A PRACTICAL GUIDE FOR LAW STUDENTS AND JUNIOR COMMERCIAL LAWYERS) BY BY HERMAN, HENRY & DOMINIC
- QUY ĐỊNH VỀ KHOẢN VAY NƯỚC NGOÀI, HỒ SƠ, THỦ TỤC ĐĂNG KÝ KHOẢN VAY NƯỚC NGOÀI VỚI NGÂN HÀNG NHÀ NƯỚC / REGULATIONS ON FOREIGN LOANS, DOSSIER AND PROCEDURES FOR REGISTRATION OF FOREIGN LOANS WITH THE STATE BANK
- BÀI HỌC TIẾNG ANH PHÁP LÝ: IN VIEW OF
- TỔNG HỢP 10 BẢN ÁN CỦA TOÀ ÁN VƯƠNG QUỐC ANH GIẢI QUYẾT TRANH CHẤP QUYỀN SỞ HỮU TRÍ TUỆ ĐỐI VỚI PHẦN MỀM / COLLECTION 10 UNITED KINGDOM COURT JUDMENTS ON SOFTWARE INTELLECTUAL PROPERTY DISPUTES
- TỔNG HỢP 12 BẢN ÁN CỦA TÒA ÁN SINGAPORE VỀ AI, BLOCKCHAIN, TIỀN ĐIỆN TỬ VÀ TÀI SẢN SỐ / COLLECTION 12 SINGAPORE COURT JUDGMENTS ON AI, BLOCKCHAIN, CRYPTOCURRENCY AND DIGITAL ASSETS
- TỔNG HỢP CÁC MẪU HỢP ĐỒNG THỬ VIỆC VÀ HỢP ĐỒNG CÓ ĐIỀU KHOẢN THỬ VIỆC TRÊN THẾ GIỚI / COLLECTION OF PROBATIONARY EMPLOYMENT CONTRACT TEMPLATES AND EMPLOYMENT CONTRACT TEMPLATES CONTAINING PROBATIONARY CLAUSES AROUND THE WORLD
- WINNING THE TRIBUNAL (ADVOCACY, STRATEGY, AND PERSUASION BEFORE THE ARBITRAL TRIBUNAL) BY HERMAN, HENRY & DOMINIC
- THE CONTRACT CLAUSE DICTIONARY (MODEL DRAFTING FOR THE CLAUSES THAT RECUR ACROSS COMMERCIAL PRACTICE WORLD WIDE) BY HERMAN, HENRY & DOMINIC
- BLACK'S LAW DICTIONARY (ABRIDGED TENTH EDITION) BY BRYAN A.GARNER



