(Chinhphu.vn) - Mr. Ngo Hoang (in Da Nang City) paid social insurance for 4 years, then he terminated his job to go abroad. After 5 years abroad, he now wants to return to Vietnam to work. He would like to ask, does he have to pay social insurance for working abroad? Regarding this issue, Danang City Social Security Office answers as follows: In Clause 2, Article 2 of the Decree 115/2015 / ND-CP dated November 11, 2015 of the Government stipulating: Employees are Vietnamese citizens who participate in compulsory social insurance as prescribed in this Decree, including:
- The guest worker contracts concluded with enterprises providing guest worker services or with non-business organizations licensed to send workers abroad;
- The guest worker contracts concluded with contract-winning or receiving enterprises or with outward-investing organizations or individuals that send workers abroad.
- The guest worker contracts in the form of skill-improvement internship contracts, concluded with enterprises sending workers abroad for internship to improve their skills;
- Individual contracts.
Based on the above provisions, if the time he goes to work abroad but he is subject to compulsory social insurance as prescribed but has not paid social insurance, he now pays for this period according to the provisions at Point 1.2, Clause 1, Article 38 and Item b, Point 1.2, Clause 1, Article 31 of the process of collection of social insurance, health insurance, unemployment insurance, labor accident and occupational disease insurance; management of social insurance and health insurance cards issued together with the Decision No. 595 / QD-BHXH dated April 14, 2017 of the General Director of Vietnam Social Insurance. Specifically:
Retrospective collection of employees after the termination of the labor contract on returning home to pay social insurance for the time of working abroad under the labor contract that has not been paid: In the case of after 6 months from the termination date when returning to the country that have to pay social insurance, the amount of retrospective collection of social insurance is calculated to include the amount of social insurance as prescribed and the retrospective interest calculated on the amount paid.
Those who go to work abroad under contracts of contracting through their units, including laborers who are entitled to renew their contracts or sign new labor contracts right at the receiving countries after returning home: Paying amount to Social insurance agency or unit where the application is filed.
In case he goes to work abroad but is not subject to compulsory social insurance participation as stipulated in points a, b, c, d, Clause 2, Article 2 of the Decree 115/2015 / ND-CP mentioned above, then he does not have to pay for social insurance for abroad working time.
Please contact your local social insurance agency for consideration, advice and specific settlement.