According to regulations, do foreign workers participate in unemployment insurance in Vietnam? Please advice.
In Clause 1, Article 43 of the Law on Employment 2013, there are provisions on compulsory participants in unemployment insurance as follows:
1. Workers are obliged to participate in unemployment insurance when working under labor contracts or working contracts below:
a/ Labor contracts or working contracts of indefinite time;
b/ Labor contracts or working contracts of definite time;
c/ Seasonal or job-based working contracts with a term of between full 3 months and under 12 months.
In case a worker has signed and is performing more than one labor contract specified in this Clause, the worker and the employer under the labor contract signed first shall participate in unemployment insurance.
Thus, the above persons will be required to participate in unemployment insurance in Vietnam.
And in Clause 1, Article 3 of this Law, it is stipulated:
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Worker means a Vietnamese citizen who is full 15 years or older, has ability to work and seeks employment.
Thus, according to the above-mentioned regulations, the employee subject to unemployment insurance under the Employment Law is a Vietnamese citizen who is at least 15 years old, has ability to work and seeks employment. Therefore, foreign workers are not covered by unemployment insurance in Vietnam.
Best Regards!