Issuie a social insurance book when losing a social insurance book in Vietnam
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Legal grounds
Labor Code 2019
Law on Social Insurance 2014
Types of insurance that do not have to pay social insurance in Vietnam
Employees who do not work under the following types of contracts not required to participate in compulsory social insurance, including:
- Labor contract with indefinite term;
- Labor contract with definite term;
- Seasonal labor contract or for a certain job with a term of from full 3 to less than 12 months.
- Labor contract with term from full 1 month to less than 3 months.
According to the latest regulations, the Labor Code 2019 no longer recognizes seasonal contracts. Therefore, employees only perform two types of contracts: definite-term contracts and indefinite-term contracts.
In addition, the following types of contracts also not required to pay social insurance, including:
– Probationary contract: Article 24 of the Labor Code 2019 allows the employee and the employer to agree on the content of the probationary period in the labor contract.
In short, the following types of contracts will not have to pay social insurance:
- Labor contract under 01 month;
- Probationary contracts;
- Contract work;
- Contributor contract.
Issuie a social insurance book when losing a social insurance book in Vietnam
Clause 2, Article 97 of the Law on Social Insurance 2014 provides for the case of lost or damaged social insurance books as follows:
A dossier for re-issuance of a social insurance book in case of damage or loss includes:
a) An application form for re-issuance of the social insurance book of the employee;
b) The social insurance book in case of damage.
Accordingly, if the employee loses his/her social insurance book, the employee may request the social insurance agency to re-issue another one for him/her.
According to the guidance in Decision 222/QD-BHXH 2021, in order to be re-issued the lost social insurance book, employees should go to the following social insurance agencies:
– People who are working: Go to the social insurance agency where the enterprise participates in social insurance.
– Participants of voluntary social insurance: Go to the collection agent or the social insurance agency to collect directly.
– Employees who have quit their jobs: Go to any social insurance agency nationwide.
You can also refer to the article related to Types of life insurance in Vietnam or Life insurance foreigners can learn in Vietnam
Related questions
Social insurance book is a book used to record the process of working, receiving and receiving social insurance, as a basis for settling social insurance regimes for the insured according to the provisions of law.
Labor contract under 01 month;
Probationary contracts;
Contract work;
Contributor contract.
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