Additional subjects participating in compulsory social insurance in Vietnam (proposal)

Additional subjects participating in compulsory social insurance in Vietnam (proposal)
Nguyễn Thị Diễm My

Additional subjects participating in compulsory social insurance in Vietnam are specified in the Draft amended Law on Social Insurance

 

Additional subjects participating in compulsory social insurance in Vietnam (proposal) (Internet image)

1. Additional subjects participating in compulsory social insurance in Vietnam (proposal)

Article 31 of the Draft amended Law on Social Insurance, regulations on subjects participating in compulsory social insurance in Vietnam includes:

(1) Employees who are Vietnamese citizens are subject to compulsory social insurance, including:

- Persons working under indefinite-term labor contracts or definite-term labor contracts for a full month or more,
  even if the two parties agree under a different name but with the content showing paid employment, salary, and the management, administration, and supervision of one party;

The Law on Social Insurance 2014 stipulates that the subjects participating in compulsory social insurance are:

- Persons working under indefinite-term labor contracts, fixed-term labor contracts, seasonal labor contracts, or according to a certain job with a term of from 3 full months to less than 12 months, including the labor contract signed between the employer and the legal representative of the person under 15 years of age in accordance with the labor law;

- Persons working under labor contracts with a term of from 1 full month to less than 3 months;

- Officials and civil servants;

- National defense workers and officers, public security workers, other people working in cipher organizations;

- Officers and professional soldiers of the People's Army; officers, professional non-commissioned officers, and officers and technical non-commissioned officers of the People's Public Security; people doing code work receive salaries like military personnel;

- Non-commissioned officers and soldiers of the People's Army; non-commissioned officers and soldiers of the People's Public Security who serve definite-term; Military, police, and cipher students who are studying are entitled to living expenses; standing militia;

- Persons who go to work abroad under the contract specified in the Law on Vietnamese guest worker;

- Persons enjoying the regime of spouses or husbands at Vietnamese representative missions abroad; (Additional proposed object)

- The enterprise manager, the executive manager of the cooperative receiving salary;

- Persons working part-time in communes, wards, and townships;

- The employees specified at Point a of this Clause work part-time and have a monthly salary equal to or higher than the salary used as a basis for payment of low compulsory social insurance premiums specified at Point e, Clause 1, Article 37 of the Draft amended Law on Social Insurance (Additional subbject)

- Business household owner (Additional subbject)

- The enterprise manager, the executive manager of the cooperative, does not receive a salary. (Additional subbject)

(2) An employee being a foreign citizen working in Vietnam is eligible to participate in compulsory social insurance when:

- Having a work permit, a practicing certificate, or a practicing license issued by a competent Vietnamese agency;

- Having an indefinite-term labor contract or a definite-term labor contract of at least 12 months with an employer in Vietnam, except for moving within the enterprise or reaching the retirement age as prescribed in Clause 1, Article 169 of the Labor Code, or being subject to other provisions of international treaties to which Vietnam has signed or acceded. (Additional proposed object)

(3) Employers subject to compulsory social insurance include:

- State agencies, non-business units;

- Agencies, units, and enterprises of the People's Army, People's Public Security, and cipher organizations;

- Political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations, other social organizations;

- Foreign agencies, organizations, and international organizations operating in Vietnamese territory;

- Enterprises, cooperatives, individual business households, cooperative groups, other organizations, and individuals that hire and use labor under labor contracts.

2. State policies on social insurance under the Draft amended Law on Social Insurance in Vietnam

- Ensuring the lawful rights and interests of organizations and individuals participating in social insurance; guaranteeing payment of social pension benefits.

- Protecting the social insurance fund and taking measures to preserve and grow

- Supporting participants in voluntary social insurance.

- Encouraging localities, depending on their ability to balance the budget and mobilize social resources to realize higher social pension benefits.

- Prioritizing the formulation of policies, perfecting the law on social insurance; develop a system of organizing the implementation of social insurance policies.

- Encouraging participation in supplemental retirement insurance.

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