Do I have to pay the Insurance for work-related accident or occupational disease for domestic workers in Vietnam?

Quang Minh June 19, 2022

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Posts : Do I have to pay the Insurance for work-related accident or occupational disease for domestic workers in Vietnam? In the section LSX Lawfirm

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Many newlyweds have young children, but because of the nature of their jobs, both have to go to work. Therefore, the couples decided to hire a babysitter to take care of the baby. However, they do not know if they have to pay the expenses such as taxes and insurances for the babysitter (hereinafter the domestic workers) or not. So, in this article LSX legal firm will inform you the information to answer: “Do I have to pay the Insurance for work-related accident or occupational disease for domestic workers in Vietnam?”

Legal grounds

Law on Social Insurance 2014
Decree 58/2020/ND-CP

According to Clause 1, Article 2 of the Law on Social Insurance 2014:

Firstly, 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;
Secondly, persons working under labor contracts with a term of between full 1 month and under 3 months;
Thirdly, cadres, civil servants, and public employees;
Fourthly, defense workers, public security workers, and persons doing other jobs in cipher agencies;
Fifthly, 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;
Also, non-commissioned officers and soldiers of the people’s army; noncommissioned officers and soldiers on definite-term service in the people’s public security; the army, public security, and cipher cadets who are entitled to cost-of-living allowance;
Vietnamese workers working abroad under the labor contracts defined in the Law on Vietnamese Workers working abroad under the labor contract;
Salaried managers of enterprises and cooperatives;
Lastly, part-time staff in communes, wards, and townships.

Besides, Clause 2, Article 2 of this Law provides:

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

Pursuant to Clause 1, Article 4 of Decree 58/2020/ND-CP
“Based on the statutory base payroll, the employer shall pay monthly social insurance contributions for the benefit of their insured employees in accordance with points a, b, c, d, dd, and h of clause 1 of Article 2 and clause 2 of Article 2 in the Law on Social Insurance, except for domestic workers”
As you can see, the law gives a clear regulation: people do not have to pay for the labor accident and occupational disease insurance fund for domestic workers.
If you want to learn more about the cases where you have to pay to the Insurance Fund for Occupational Accidents and Occupational Diseases, you can compare the legal provisions of Clause 1, Article 2, and Clause 2, Article 2 of the Law on Social Insurance stated above.

Rate of payment and method of payment to the Insurance Fund for occupational accidents and diseases

Article 4 of Decree 58/2020/ND-CP stipulates the rate and method of payment to the Insurance Fund for occupational accidents and diseases as follows:

Article 4. Rates and methods of contribution to the occupational accident and disease benefit fund
1. Based on the statutory base payroll, the employer shall pay monthly social insurance contributions for the benefit of their insured employees in accordance with points a, b, c, d, dd and h of clause 1 of Article 2 and clause 2 of Article 2 in the Law on Social Insurance, except domestic workers, at one of the following rates:
a) Normal contribution rate shall be equal to 0.5% of the statutory base payroll, which is applicable to employees who are public officials, civil servants or public employees, and members of the armed forces under the control of authorities of the Party and State, socio-political organizations, military, public security forces or public service units funded by the state budget;
b) The contribution rate equaling 0.3% of the statutory base payroll shall be applicable to enterprises that satisfy the conditions specified in Article 5 herein.
2. Employers shall make monthly contributions to the occupational accident and disease benefit fund at the rate equaling 0.5% of the base pay rate for the benefit of each employee as provided in point e of clause 1 of Article 2 in the Law on Social Insurance.
3. As for employers who are enterprises, cooperatives, sole proprietary business households or cooperative alliances operating in such fields as agriculture, forestry, fishery or salt production, if they receive piecework or lump-sum pay, the monthly contribution rate shall be bound to corresponding requirements imposed in each circumstance specified in points a and b of clause 1 of this Article. Contributions shall be made on a monthly, quarterly or biannual basis.

Legal service of LSX Legal Firm

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Social insurance regimes?

Firstly, compulsory social insurance covers the following regimes:
a/ Sickness;
b/ Maternity;
c/ labour accident and occupational disease;
d/ Retirement;
dd/ Survivor allowance.
Secondly, voluntary social insurance covers the following regimes:
a/ Retirement;
b/ Survivor allowance.
Thirdly, the supplementary retirement scheme shall be stipulated by the
Government.

Responsibilities of employees according to the Law on Social Insurance?

Firstly, pay social insurance premiums in accordance with this Law.
Secondly, comply with regulations on making of social insurance dossiers.
Thirdly, preserve social insurance books.

Responsibilities of employers according to the Law on Social Insurance?

Firstly, reject requests which are contrary to the law on social insurance.
Secondly, lodge complaints or denunciations or initiate lawsuits about social
insurance in accordance with law.

Contact LSX

Finally, hope this article is useful for you to answer the question about “Do I have to pay the Insurance for work-related accident or occupational disease for domestic workers in Vietnam?”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]

Legal grounds

Subjects participating in compulsory social insurance