Tiếng Việt
中文 (中国)
Compulsory social insurance is a mechanism to help Vietnamese employees in social issues, focusing mainly on old-age security and support services and medical expenses. However, despite many benefits, due to trust issues and the lack of transparency and clarity of policies, currently, in Vietnam, there is a large number of people who do not trust and do not want to participate in the system. Thereby, they want to know about the subjects of employees in Vietnam who are required to participate in compulsory social insurance in 2022 so that they can make and implement their own plans.
According to the provisions of Article 168 Chapter XII of the Labor Code 2019 No. 45/2019/QH14 (“Labor Code 2019”), employers and employees must participate in compulsory social insurance and health insurance, unemployment insurance. Employees are entitled to benefits as prescribed by law on social insurance, health insurance and unemployment insurance.
Clause 1, Article 2 of the Law on Social Insurance 2014 No. 58/2014/QH13 (“Law on Social Insurance 2014”) stipulates that Vietnamese employees are eligible to participate in compulsory social insurance including:
a/ Persons working under indefinite-term labour contracts, definite-term labour contracts, seasonal labour contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labour contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labour law;
b/ Persons working under labour contracts with a term of between full 1 month and under 3 months;c/ Cadres, civil servants and public employees;
d/ Defense workers, public security workers and persons doing other jobs in cipher agencies;
dd/ Officers and professional army men of the people’s army; officers and professional non-commissioned officers and officers and technical noncommissioned officers of the people’s public security; and persons engaged in cipher work enjoying salaries like army men;
e/ Non-commissioned officers and soldiers of the people’s army; noncommissioned officers and soldiers on definite-term service in the people’s public security; army, public security and cipher cadets who are entitled to cost- of-living allowance;
g/ Vietnamese workers working abroad under the labour contracts defined in the Law on Vietnamese Workers working abroad under the labour contract;
h/ Salaried managers of enterprises and cooperatives;
i/ Part-time staffs in communes, wards and townships.
For employees who are foreigners working legally in Vietnam, when they have a work permit or a practice certificate or a practice license issued by a competent Vietnamese agency and have an indefinite labor contract, definite labor contracts of full 01 year or more with employers in Vietnam, they are also subject to participation in compulsory social insurance in Vietnam according to the provisions of Clause 2 Article 2 Law on Social Insurance 2014.
Employers participating in compulsory social insurance in Vietnam
Pursuant to Clause 3, Article 2 of the Law on Social Insurance 2014, employers participating in compulsory social insurance include:
– State agencies, non-business units, and people’s armed forces units.
– Political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, and other social organizations.
– Foreign agencies, organizations and international organizations operating in the Vietnamese territory.
– Enterprises, cooperatives, individual business households, cooperative groups, other organizations and individuals that hire and use labor under labor contracts.
ASL LAW is the top-tier Vietnam law firm for Employment and Labor Law. If you need any advice, please contact us for further information or collaboration.
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