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VIETNAM SOCIAL
SECURITY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 862/BHXH-TST
Guiding implementation of Vietnam - South
Korea Social Insurance Agreement
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Hanoi, March 29,
2024
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To: Social
insurance of provinces and central-affiliated cities
Pursuant to Agreement between the Government of
Socialist Republic of Vietnam and Government of South Korea on Social Insurance
(hereinafter referred to as “Agreement”); Decision No. 436/QD-TTg dated April
25, 2023 of the Prime Minister approving Plan for implementation of the
Agreement between the Government of the Socialist Republic of Vietnam and the
Government of South Korea on social insurance; Administrative arrangement
signed on December 8, 2023 between the Ministry of Labor - War Invalids and
Social Affairs of the Socialist Republic of Vietnam and the Ministry of Health
and Welfare of South Korea on implementation of the Agreement between the
Government of Socialist Republic of Vietnam and Government of South Korea on
Social Insurance; Agreement signed on January 23, 2024 between Vietnam Social
Security of the Socialist Republic of Vietnam and National Pension Service of
South Korea regarding implementation of the Social Insurance Agreement and
Administrative arrangement on Social Insurance relating to social insurance
beneficiaries;
Pursuant to the Law on Social Insurance of 2014;
Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government elaborating
the Law on Social Insurance regarding compulsory social insurance; Decree No.
143/2018/ND-CP dated October 15, 2018 of the Government elaborating the Law on
Social Insurance and the Law on Occupational Safety and Hygiene regarding
compulsory social insurance for overseas nationals working in Vietnam;
The Vietnam Social Security hereby provide
guidelines on details pertaining to issuance and receipt of Certificate of
social insurance beneficiary; suspension of compulsory social insurance payment
by Vietnamese guest workers working in Korea for implementation of the
Agreement:
I. Definitions according to the Agreement and
Administrative arrangement
1. Dispatched workers
1.1. Dispatched workers according to Article 6 of
the Agreement:
1.1.1. Vietnamese workers employed by employers
based and registered in Vietnam, participating in social insurance in
accordance with Vietnam's laws, and dispatched by their Vietnamese employers to
work or represent the employers in Korean territory. Korean workers employed by
employers based and registered in Korea, participating in social insurance in
accordance with Korea’s laws, and dispatched by their Korean employers to work
or represent the employers in Vietnamese territory.
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1.2. Dispatched duration:
Dispatched period applies within the first 60
months from the date on which workers are dispatched and can be extended (for
up to 36 months) where the employers remain employed by the employers.
Where workers are dispatched before the effective
date of the Agreement, immunity period will only start on the effective date of
the Agreement.
Where dispatched workers repatriate as a result of
mobilization or termination of employment contract and are dispatched again,
such dispatch is considered new and immunity period will be reset.
2. Local recruits
According to Article 7 of the Agreement: Where a
Vietnamese national residing in Korean territory is employed and working in
Korea, the National Pension Act of Korea will apply to the Vietnamese national.
Where a Korean worker resides in and is employed and working in Vietnam, the
National Pension Act of Korea still applies during the period in which he/she
holds this position for at most 60 months as long as he/she is regulated by
Korea's laws.
3. Certificate of social insurance beneficiary
Vietnam Social Security issues Certificate of
social insurance beneficiary to Vietnamese workers participating in social
insurance as per Vietnamese laws. Such certificate will contain its effective
date and serve as the basis for Vietnamese guest workers’ exemption from
participating in social insurance according to Korean laws.
National Pension Service issues Certificate of
social insurance beneficiary to Korean workers participating in social
insurance as per Korean laws. Such certificate will contain its effective date
and serve as the basis for Korean guest workers’ exemption from social
insurance according to Vietnamese laws.
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1. Recipients of Certificate of social insurance
beneficiary
Dispatched workers according to 1.1 and 1.2 Clause
1 Section I hereof.
2. Application for issuance of Certificate of
social insurance beneficiary
2.1. Dispatched workers
- Decision on dispatch;
- For first-time participants (or participants
equipped with social insurance code and insufficient information): Declaration
of social insurance, health insurance participation and amendment (Form No.
TK1-TS attached to Decision No. 490/QD-BHXH dated March 28 of 2023 of General
Director of Vietnam Social Security).
2.2. Worker dispatch entities
- Declaration of social insurance, health insurance
participants and amendments (Form No. TK3-TS attached to Decision No.
490/QD-BHXH dated March 28 of 2023 of General Director of Vietnam Social
Security). Only entries and information in [01], [02], [12], [13], and [14]
must be declared. Wherein [12] must read: Đề nghị cấp Chứng nhận đối tượng BHXH
cho người lao động (Application for issuance of Certificate of social
insurance beneficiary for workers); [13] must read: Danh sách (ghi rõ số
lượng) người lao động kèm theo [Attached list of workers (specify number of
workers)];
- Where dispatched workers are assigned to branches
or subsidiaries in Korea of dispatching entities: Documents proving the
dispatch entities’ eligibility to operate in Korea (copies of awarded contracts
for construction, projects in Korea; copies of Investor Registration
Certificate in Korea);
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3. Procedures for issuance of Certificate of social
insurance beneficiary
3.1. Dispatched workers
Declare and submit Form No. Tk1-TS.
3.2. Dispatch entities
Receive application of workers, inspect and verify
information.
Submit documents under 2.1 and 2.2 of this Section
to social insurance authority where the dispatch entities register
participation and contribute to social insurance.
3.3. Social insurance authority
a) Official/department receiving the documents:
- Receive, inspect, cross- examine, and transfer
documents to Department of Payment - Book, Card. Where physical documents are
submitted in person or via post service, scan the original copies and update in
management software.
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b) Department of Payment - Book, Card inspects,
verifies eligibility, and cross-examine against management software.
- In case of adequate documents, input data to
management software; sign form of Certificate of social insurance beneficiary
(form No. VN/KR1), transfer to Directors of social insurance authority of
provinces/districts for approval and signature, to reception department to deliver
to dispatch entities.
- In case of inadequate documents: Produce request
for revision (Form No. 2 attached to Decision No. 475/QD-BHXH dated March 27 of
2023 of the General Director of Vietnam Social Security) in order to guide
document revision and transfer to reception department.
- On a periodic, quarterly, yearly basis: Produce
data exchange sheet regarding certified social insurance beneficiary (Form No.
VN/KR2).
c) Time limit: 5 days from the date on which adequate
documents are received.
3.4. Where workers are dispatched for more than 60
months, dispatch entities shall submit application for issuance of Certificate
of social insurance beneficiary for the subsequent period of time (documents
proving guest workers’ eligibility for extension of dispatch duration (up to 36
months) or documents proving guest workers’ eligibility for extension of
contract at host countries) to social insurance authority; Procedures and
application for subsequent issuance of Certificate of social insurance
beneficiary are similar to those for initial issuance.
III. Procedure for
receiving Certificate of social insurance of Korean nationals
1. Individuals to which the National Pension
Service of South Korea issues Certificate of social insurance beneficiary
Dispatched workers and local recruits according to
Clause 1 and Clause 2 Section I.
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2.1. Workers
- Original copies of Certificate of social
insurance beneficiary issued by National Pension Service of South Korea;
- Local recruits as per the Agreement must also
submit Form TK1-TS.
2.2. Dispatch entities:
- Form TK3-TS. Only entries and information in
[01], [02], [12], and [13] must be declared. Wherein [12] must read: Lao
động Hàn Quốc phái cử /lao động Hàn Quốc tuyển dụng tại chỗ/Công chức, viên
chức Hàn Quốc (Korean dispatched workers/Korean local recruits/Korean
public officials, public employees); and [13] must read: Lao động phái cử/
tuyển dụng tại chỗ (ghi rõ số lượng) kèm theo [Dispatched workers/local
recruits (specify number)].
- Form D02-LT. Which includes List of Korean
dispatched workers, local recruits, public officials, public employees.
3. Procedures for receiving Certificate of social
insurance beneficiary of Korean guest workers in Vietnam
3.1. Workers
Submit documents under 2.1 to dispatch entities.
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- Receive documents of workers, inspect and verify
information.
- Submit documents under 2.1 and 2.2 in person or
online to social insurance authority (of province/city; district) where social
insurance is registered for participation and paid.
3.3. Social insurance authority
a) Official/department receiving the documents:
- Receive, inspect, cross-examine, and transfer the
documents to Department of Payment - Book, Card for same-day processing; scan
the original copies and update in management software;
- Receive Certificate of social insurance
beneficiary from Department of Payment - Book, Card for storage.
b) Department of Payment - Book, Card
- Inspect ad verify eligibility:
+ In case of adequate documents, input data to
management software to grant exemption from compulsory social insurance payment
to workers;
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- Transfer documents on Certificate of social
insurance beneficiary to reception department;
- On a periodic, quarterly, yearly basis:
Consolidate list of Korean workers submitting Certificate of social insurance
beneficiary using Form TNDT-HD.
c) Time limit: 5 days from the date on which
adequate documents are received.
IV. Suspension of
social insurance payment, verification of period of participation in compulsory
social insurance for Vietnamese guest workers in Korea
1. Eligible entities and suspension date:
Guest workers in Korea participating in compulsory
social insurance according to the Law on Social Insurance of 2014 and Decree
No. 115/2015/ND-CP of the Government will suspend compulsory social insurance
payment from January 1 of 2024. Starting from January 1 of 2024, the following
individuals will make social insurance payments in accordance with Korean laws:
- Guest workers in Korea under contracts for
bringing guest workers abroad signed with enterprises providing services
bringing Vietnamese overseas as guest workers, occupational organizations
allowed to bring Vietnamese overseas as guest workers;
- Guest workers in Korea under contracts for
bringing guest workers abroad for professional training and internship signed
with enterprises providing services bringing Vietnamese overseas as guest
workers for professional training and internship;
- Guest workers in Korea under personal contracts.
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2.1. Workers (if they directly pay to social
insurance authority of administrative divisions where they reside prior to
working abroad):
- Form TK1-TS. Only entries and information in
[13], [14], and [18] must be declared. Wherein [18] must read: dừng đóng
BHXH để tham gia BHXH tại Hàn Quốc (suspend social insurance payment for
participation in social insurance in Korea);
- Employment contracts effective in Korea or
employment contracts extended and written request for extension or employment
contracts renewed in Korea (copies).
2.2. Dispatch entities (where employees make social
insurance payment via dispatch entities, enterprises providing services
bringing Vietnamese overseas as guest workers):
- Form TK3-TS. Only entries and information in
[01], [02], [12], and [13] must be declared. Wherein [12] must read: Dừng
đóng BHXH để tham gia BHXH tại Hàn Quốc (Suspend social insurance payment
for participation in social insurance in Korea); and [13] must read: Danh
sách lao động dừng đóng BHXH tại Việt Nam (ghi rõ số lượng) kèm theo [List
of workers suspending social insurance payment in Vietnam (specify quantity)];
- Employment contracts effective in Korea or
employment contracts extended and written request for extension or employment
contracts renewed in Korea (copies);
- Form D02-LT, which includes list of Vietnamese
guest workers suspending social insurance payment for participation in social
insurance in Korea.
3. Where workers under Point 1 of this Section have
made social insurance payment from January 1 of 2024, social insurance
authority shall refund the amount corresponding to the period starting from
January 1 of 2024.
4. Social insurance authority suspends collection
of compulsory social insurance, verifies social insurance participation period,
returns social insurance booklets, refunds (if any) for Vietnamese guest workers
in Korea under Point 1 and Point 3 of this Section in accordance with
instructions under Decision No. 490/QD-BHXH dated March 28 of 2023 of Vietnam
Social Security.
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V. Organizing implementation
1. Entities affiliated to Vietnam Social Security
1.1. Department of Payment - Book, Card: Instructs,
inspects, encourages social insurance authorities of provinces and cities to
implement the Agreement and report implementation results of Sections II, III,
and IV hereof.
1.2. Information Technology Center
- Adjusts management software for payment, book -
card, manages Korean dispatched workers, Korean local recruits, Korean public
officials, public employees (if any), issues, receives Certificate of social
insurance beneficiary (VN/KR1), Form VN/KR2 to enable social insurance
authorities of all levels to comply with regulations, including automatic
warning for workers running out of exemption period;
- Improves and upgrades VssID in Korean language,
assists Korean workers and Korean FDI enterprises.
1.3. Communication Center: Develops details
regarding communication and implementation to entities, enterprises, workers,
relevant agencies pertaining to the Agreement, Administrative agreement and
implementation of the Agreement.
1.4. Office: Publicizes administrative procedures
pertaining to issuance of Certificate of social insurance beneficiary to
Vietnamese guest workers in Korea; receives Certificate of social insurance
beneficiary of Korean guest workers in Vietnam.
1.5. Department of International Cooperation
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Acts as liaison in consolidating and exchanging,
providing information pertaining to Agreement implementation between Vietnam
Social Security and National Pension Service of South Korea.
1.6. Customer care and support service center
- Cooperates in customer service, assisting,
counseling, resolving request of customers relating to the Agreement,
Administrative agreement, and Agreement on implementation;
- Assists and guides employers and Korean guest
workers in Vietnam to use VssID in Korean language.
1.7. Department of Legal Affairs: Takes charge and
cooperates with relevant entities in reviewing existing legislative documents
to request competent authority to amend, annul, or issue new documents to
ensure implementation of the Agreement and enable implementation of the
Agreement and Administrative agreement.
2. Social insurance authorities of provinces and
cities
- Review, guide, encourage entities employing,
managing Korean guest workers, workers participating in compulsory social
insurance to implement the Agreement and details under Sections II, III hereof;
- Directly inform workers or workers’ relatives
(where Vietnamese guest workers make social insurance payment directly to social
insurance authority), or enterprises providing services bringing Vietnamese
overseas as guest workers (where Vietnamese guest workers make social insurance
payment via the enterprises/service providers) regarding time of suspension of
social insurance payment in Vietnam for continuation of social insurance
payment in Korea according to the Agreement under Section IV hereof;
- Cooperate with local agencies and entities in
communicating social insurance policies for Vietnamese guest workers in Korea
on mass media;
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For your implementation. Difficulties that arise
during implementation must be reported to Vietnam Social Security./.
PP. GENERAL
DIRECTOR
VICE GENERAL DIRECTOR
Tran Dinh Lieu