What are the conditions for students who work part-time to be eligible for social insurance contributions in Vietnam?

What are the conditions for students who work part-time to be eligible for social insurance contributions in Vietnam?

Pursuant to Clause 1 Article 2 of the Law on Social Insurance in 2014 stipulating subjects of application as follows:

Subjects of application

1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:

a/ Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

b/ Persons working under labor contracts with a term of between full 1 month and under 3 months;

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Pursuant to Clause 3 Article 85 of the Law on Social Insurance in 2014 stipulating levels and methods of payment by employees covered by compulsory social insurance as follows:

Levels and methods of payment by employees covered by compulsory social insurance

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3. Employees who neither work nor receive salary for 14 working days or more in a month are not required to pay social insurance premiums in that month. This period shall not be counted for enjoyment of social insurance benefits, except cases of maternity leave.

According to the Law on Social Insurance 2014, employees working under a labor contract with a term of at least 1 month are subject to compulsory social insurance.

Therefore, students who work part-time who meet the following two conditions will be eligible for social insurance:

- Signing a labor contract with a term of at least 1 month.

- The time not working and not receiving salary in a month is not more than 14 days.

In summary, if students who work part-time meet the above two conditions, they will be eligible for compulsory social insurance. The compulsory social insurance premium of the employee is determined according to the provisions of the law on social insurance.

What are the conditions for students who work part-time to be eligible for social insurance contributions in Vietnam? - Source: Internet

Can part-time employees in Vietnam sign employment contracts?

Pursuant to Article 32 of the Labor Code in 2019 stipulating part-time employments as follows:

Part-time employments

1. A part-time employee is an employee who works for less than the usual daily, weekly or monthly working hours as prescribed by labor laws, the collective bargaining agreement internal labor regulations.

2. An employee may negotiate part-time employment with the employer when enter into an employment contract.

3. The part-time employee shall be entitled to receive salary, equal rights and obligations as a full-time employee; equal opportunity and treatment, and to a safe and hygienic working environment.

In summary, part-time work is a form of work with a shorter working time than the normal working time prescribed by the labor law. However, the employer must still sign a labor contract with the part-time worker and the worker still enjoys the same labor benefits as normal.

What is the level of the social insurance premium for students who work part-time in Vietnam?

Pursuant to Clause 1 Article 85 of the Law on Social Insurance in 2014 stipulating levels and methods of payment by employees covered by compulsory social insurance as follows:

Levels and methods of payment by employees covered by compulsory social insurance

1. Employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law shall monthly pay 8% of their monthly salary to the retirement and survivorship allowance fund.

Employees defined at Point i, Clause 1, Article 2 of this Law shall monthly pay an amount equal to 8% of the statutory pay rate to the retirement and survivorship allowance fund.

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Pursuant to Article 89 of the Law on Social Insurance in 2014 stipulating monthly salary on which compulsory social insurance premiums are based as follows:

Monthly salary on which compulsory social insurance premiums are based

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2. For employees who pay social insurance premiums according to the employer-decided salary benefits, their monthly salary on which social insurance premiums are based is their salary plus salary-based allowance as prescribed in the labor law.

Since January 1, 2018, the monthly salary on which social insurance premiums are based will be the salary plus salary-based allowance and other amounts as prescribed in the labor law.

3. In case the monthly salary specified in Clause 1 or 2 of this Article exceeds 20 times the statutory pay rate, the monthly salary on which social insurance premiums are based must equal 20 times the statutory pay rate.

In summary, if students who work part-time meet the eligibility requirements, they will be eligible for social insurance. The social insurance premium for students who work part-time is 8% of the monthly salary paid into the retirement and death fund.

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