Social insurance is one of the important security policies for employees. However, not all types of labor contracts have social insurance contributions. LSX Lawfirm will give you an article about: “Types of insurance that do not have to pay social insurance in Vietnam”, as follows:
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.
Without paying social insurance, employees entitled to other benefits?
In this regard, Clause 3, Article 168 of the Labor Code 2019 clearly states:
For employees who are not subject to compulsory social insurance, health insurance and unemployment insurance, the employer is responsible for paying an additional amount at the same time as the salary period. for employees equivalent to the employer’s payment of compulsory social insurance, health insurance, unemployment insurance for employees in accordance with the law on social insurance, health insurance , unemployment insurance.
Official letter explaining not paying social insurance in Vietnam
Dispatch explaining social insurance – a document made by an enterprise when the social insurance agency conducts an inspection to detect unusual problems at the enterprise and requires the enterprise to explain.
A written explanation of social insurance will normally have the following contents:
- National title – motto of the Socialist Republic of Vietnam, date of official dispatch and name of the explanatory letter.
- Information of the enterprise to explain the social insurance: business name, head office address, tax code, phone number, fax…
- Reason for writing a written explanation of social insurance: write down information about the date and reason for writing a written explanation of social insurance.
- Explain clearly and specifically the causes of the incident in the explanatory letter.
- Make specific requests to the social insurance agency such as wanting the social insurance agency to handle the reported case…
- Legal representative of the enterprise to sign and seal.
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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