Contents
- 1. Context
- 2. Lump-sum eligibility
- 3. How the amount is computed
- 4. Dossier and procedure
- 5. Special situations
- 6. Frequently asked questions
- 7. Language versions
- 8. References
1. Context
Tens of thousands of Chinese workers staff factories, construction sites and EPC projects in Vietnam. When contracts end, work permits expire or projects close, they go home — and the common question is: can the social insurance contributions paid in Vietnam be recovered?
Good news: Vietnamese law provides a lump-sum mechanism for foreign workers terminating participation. Caveat: conditions and procedures must be met — and it's best done before or right after returning home, not left "hanging" for years.
2. Lump-sum eligibility
Under Article 70 of the 2024 Social Insurance Law (effective 01/7/2025), foreign citizens working in Vietnam who terminate participation may claim a lump sum in statutory cases, including:
- Labour-contract termination (expiry, mutual termination…);
- Expiry of the work permit, practice certificate or practising licence without renewal — very common for project-based Chinese workers.
Practical conditions to verify:
- ☐ Mandatory social insurance was actually contributed in Vietnam (employer paid correctly and fully).
- ☐ Employment ended / permit expired.
- ☐ Not continuing voluntary social insurance in Vietnam.
3. How the amount is computed
The lump sum follows the years of contribution and the average monthly salary used as contribution base, per the statutory formula. Each contribution year converts into months of average salary at statutory ratios.
Practical notes:
- Check the contribution history on the VssID app or at the social insurance agency before filing — many cases show employer arrears or missing periods.
- If the employer owes contributions, the worker may demand the employer close the book and pay up before leaving.
- The average salary spans the whole contribution history — higher declared salaries mean higher payouts.
4. Dossier and procedure
Basic dossier:
- ☐ Lump-sum claim application (current template).
- ☐ Social insurance book (original).
- ☐ Passport (copy; original for verification).
- ☐ Contract-termination decision/document; expired work permit (proving eligibility).
- ☐ Power of attorney (if authorizing another person).
Procedure:
- Prepare the full dossier — ideally before departure.
- File with the social insurance agency where the employer contributed (or of last residence).
- Receive the decision and payment within the statutory period.
5. Special situations
- Already home and just remembered: you may authorize someone in Vietnam (colleague, relative, lawyer) — the power of attorney must comply, with consular legalization if signed in China.
- Aggregating Chinese contribution years: at the time of writing, no verified Vietnam–China bilateral social insurance agreement permits aggregation. Each country's periods are handled independently.
- Lump sum vs keeping pension rights: a lump sum ends the Vietnamese contribution history — think twice if a long-term return is planned.
6. Frequently asked questions
Can Chinese workers claim lump-sum social insurance when returning home? Yes, in statutory cases: labour-contract termination or work-permit/certificate expiry without renewal (Article 70, 2024 Social Insurance Law, effective 01/7/2025).
How is the lump sum computed? By contribution years and average contribution-base salary, per the statutory formula. Ask the agency for a case-specific calculation.
Can contribution years in China be aggregated? No verified bilateral agreement permitting aggregation was identified. Each country's periods are handled independently.
Can someone else collect on the worker's behalf? Yes — with a compliant power of attorney.
A Chinese worker about to return home? Contact FLAT Law Firm for book-closing and lump-sum claim support.
7. Language versions
8. References
- 2024 Social Insurance Law (No. 41/2024/QH15), Article 70 — effective 01/07/2025 (Vietnam).
- Content cross-checked at the time of writing (28/9/2026).
