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Subjects entitled to social insurance and social insurance regimes in accordance with current laws

11/10/2021
Social insurance is the right of all citizens. So how are the subjects and social insurance regimes regulated by current law? In the article below, Siglaw provides basic information about subjects entitled to social insurance and social insurance regimes in accordance with current laws.

1. Subjects entitled to social insurance

The following subjects are entitled to social insurance according to law regulation:

(i) Subjects entitled to compulsory social insurance:

  • Employees being Vietnamese citizens, including:
    • 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.

    • Persons working under labor contracts with a term of between full 1 month and under 3 months.

    • Cadres, civil servants and public employees.

    • Defense workers, public security workers and persons doing other jobs in cipher organizations.

    • Officers and professional army men of the people's army; officers and professional non-commissioned officers and technical non-commissioned officers of the people's public security; and persons engaged in cipher work and enjoying salaries like army men.

    • Non-commissioned officers and soldiers of the people’s army; non- commissioned 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.

    • Vietnamese guest workers defined in the Law on Vietnamese Guest Workers.

    • Salaried managers of enterprises and cooperatives.

    • Part-time staff in communes, wards and townships.

  • Employees who are foreign citizens working in Vietnam with work permits or practice certificates or practice licences granted by competent Vietnamese agencies shall be covered by compulsory social insurance under the Government’s regulations.

  • Employers covered by compulsory social insurance include state agencies, non-business units and people's armed forces units; political organizations, socio-political organizations, socio-politico-professional organizations, socio-professional organizations and other social organizations; foreign agencies and organizations, and international organizations operating in the Vietnamese territory; enterprises, cooperatives, individual business households, cooperative groups, and other organizations and individuals that hire or employ employees under labor contracts.

(ii) Subjects entitled to voluntary social insurance:

Persons covered by voluntary social insurance are Vietnamese citizens aged 15 years or older and not being subjects entitled to compulsory social insurance.

2. Social insurance regimes

Article 4 of the Law on Social Insurance 2014 provides for the following social insurance regimes:

Compulsory social insurance covers the following regimes:

  • Sickness.

  • Maternity.

  • Labor accidents and occupational diseases.

  • Retirement.

  • Survivorship allowance.

Voluntary social insurance covers the following regimes:

  • Retirement.

  • Survivorship allowance.

In addition, the law also stipulates the supplementary retirement scheme, which are voluntary social insurance policies with the aim of supplementing the retirement regime in compulsory social insurance.

3. Legal basis

Law on Social insurance 2014.

For comprehensive support, please contact:

Siglaw legal company limited (Siglaw Firm)

Hotline: +84 967 818 020

Headoffice in Hanoi:

Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Hotline: +84 967 818 020

Email: hanoi@siglaw.vn

Ho Chi Minh City Branch:

Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.

Hotline: +84 985 982 659

Email: hcm@siglaw.vn 


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Siglaw legal company limited
Head Office:
Address: Floor 12A Sao Mai building, No. 19 Le Van Luong street, Nhan Chinh Ward, Thanh Xuan District, Hanoi.
Hotline: +84 967 818 020
Email: hanoi@siglaw.vn
 
Branch in Central Area:
Địa chỉ: 177 Trung Nu Vuong Street, Hai Chau District, Da Nang, Vietnam
Hotline: 84 967 818 020
 
Branch in Ho Chi Minh:
Address: 21 N4 street, Commercial service and housing complex at No.16/9 Bui Van Ba street, Tan Thuan Dong Ward, District 7, Hochiminh city.
Hotline: 84 967 818 020
Email: hcm@siglaw.vn
 
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