From July 1, 2025, which individuals participate in compulsory social insurance?
From July 1, 2025, who is required to participate in compulsory social insurance?
Pursuant to Article 2 of the 2024 Social Insurance Law, the subjects required to participate in compulsory social insurance include Vietnamese citizens as follows:
- Persons working under indefinite-term labor contracts, fixed-term labor contracts with a duration of 01 month or more, including cases where employees and employers agree under different titles but involve paid work, salary, and the management, supervision of one party;
- Officials and public employees;
- Workers and public employees in national defense, public security workers, and others in cryptographic organizations;
- Officers, professional soldiers of the people's army; officers, non-commissioned officers in operations, technical expertise officers, non-commissioned officers of the people's police; persons performing cryptographic work receiving salaries similar to military personnel;
- Non-commissioned officers, soldiers of the people's army; non-commissioned officers, conscripts of the people's police; military, police, cryptographic students studying and receiving living allowances;
- Regular militias;
- Employees working abroad under contracts as regulated in the 2020 Law on Vietnamese Workers Working Abroad under Contracts, except where international treaties which the Socialist Republic of Vietnam is a member have other stipulations;
- Spouses not receiving state budget salary, accompanying state representatives of the Socialist Republic of Vietnam on overseas missions, receiving living allowance policies;
- Enterprise managers, controllers, representatives of state capital, representatives of enterprise capital as regulated by law; members of the Board of Directors, General Directors, Directors, members of the Supervisory Board or controllers, and other elected management positions of cooperatives, cooperative alliances, receiving salaries as specified in the 2023 Law on Cooperatives;
- Non-specialized activities at the commune level, villages, residential groups;
- Subjects working part-time under indefinite-term or fixed-term labor contracts with a duration of 01 month or more, including cases where employees and employers agree under different titles but involve paid work, salary, and the management, supervision of one party, having a salary in the month equal to or higher than the lowest salary basis for compulsory social insurance payment;
- Business household heads of registered business households participating under the regulations of the Government of Vietnam;
- Enterprise managers, controllers, representatives of state capital, representatives of enterprise capital as regulated by law; members of the Board of Directors, General Directors, Directors, members of the Supervisory Board or controllers, and other elected management positions of cooperatives, cooperative alliances, not receiving salaries as specified in the 2023 Law on Cooperatives.
Additionally, foreign employees working in Vietnam are required to participate in compulsory social insurance when working under labor contracts with a duration of 12 months or more with employers in Vietnam, except for the following cases:
- Internal transfer within enterprises as stipulated by the law on foreign employees working in Vietnam.
- At the time of signing the labor contract, they are of retirement age.
- International treaties to which the Socialist Republic of Vietnam is a member have other stipulations.
From July 1, 2025, who is required to participate in compulsory social insurance? (Image from the Internet)
What rights do participants in social insurance have?
Pursuant to Article 10 of the 2024 Social Insurance Law, social insurance participants have the following rights:
- Enjoy social insurance benefits as stipulated;
- Receive a social insurance book;
- Monthly information on social insurance contributions provided by the social insurance agency via electronic means; receive confirmation of social insurance contributions by the social insurance agency upon request;
- Request employers and relevant agencies, organizations to fully implement social insurance responsibilities towards themselves as stipulated by law;
- Be informed and disseminated policies and laws about social insurance;
- Actively undergo medical examinations to determine the decrease in labor capacity if they are reserving the social insurance contribution time and have examination fees covered if the medical examination results meet the conditions to enjoy social insurance benefits as stipulated;
- Lodge complaints, denunciations, and lawsuits regarding social insurance as stipulated by law.
Can employers temporarily suspend compulsory social insurance contributions?
Pursuant to Article 12 of the 2024 Social Insurance Law, the rights of employers are prescribed as follows:
Rights of Employers
- Refuse to implement non-conforming requirements by law regarding social insurance.
2. Temporarily suspend compulsory social insurance contributions as stipulated in Article 37 of this Law.
Receive guidance from the social insurance agency on procedures and processes for implementing social insurance.
Be informed and disseminated policies and laws about social insurance.
Lodge complaints, denunciations, and lawsuits regarding social insurance as stipulated by law.
According to the above regulation, employers have the right to temporarily suspend compulsory social insurance contributions in the following cases:
- In case the employer faces difficulties, leading to the suspension of production or business, causing both the employer and employee to be unable to pay social insurance, they are allowed to temporarily suspend contributions to the pension and survivorship fund for a maximum period of 12 months.
- Employees participating in compulsory social insurance who are temporarily detained or suspended from work will temporarily suspend social insurance contributions; if the employee receives full back pay, both the employee and employer will make additional contributions for the months of suspension with the amount due for those months of suspended contributions.
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