Regulations on expanding the scope of participation in compulsory social insurance

The Law on Social Insurance 2024 has basically institutionalized Resolution No. 28-NQ/TW, stipulating the expansion of subjects participating in compulsory social insurance to: Business owners of business households with business registration to participate in accordance with Government regulations; business managers, controllers, representatives of state capital, representatives of enterprise capital at companies and parent companies according to the provisions of the Law on Enterprises; members of the board of directors, general directors, directors, members of the board of supervisors or controllers and other elected management positions of cooperatives (HTX), cooperative unions according to the provisions of the Law on Cooperatives who do not receive salaries; part-time employees whose monthly salary is equal to or higher than the salary used as the basis for the lowest compulsory social insurance contribution; cases where employees and employers agree by another name but have content showing paid work, salary and management, operation, supervision of one party...; part-time workers in villages and residential groups; Standing militia; expanding the rights of part-time workers at the commune level to participate in and fully enjoy compulsory social insurance regimes instead of only paying and enjoying two regimes: retirement and death as in current law.

In addition, in order to gradually move towards a compulsory social insurance policy for all employees with jobs, income and salary when meeting the necessary conditions in the spirit of Resolution No. 28-NQ/TW, the Social Insurance Law 2024 assigns the National Assembly Standing Committee to decide on compulsory social insurance participation for other subjects with stable and regular jobs and income based on the Government's proposal in accordance with the socio-economic development conditions of each period. This provision creates conditions for expanding the subjects participating in compulsory social insurance to other groups of subjects in accordance with changes in labor relations, socio-economic development conditions, and the lives of employees in the future. At the same time, the addition of the above provision is also consistent with the provisions of the Labor Code 2019, contributing to creating conditions for many employees to be guaranteed the right to participate in compulsory social insurance and fully enjoy the social insurance policy.

Expanding the subjects participating in social insurance: Adding subjects whose labor contracts and work contracts are temporarily suspended, except in cases where the two parties have an agreement on compulsory social insurance payment during this period.

Article 2 of the Social Insurance Law 2024 has specific regulations on subjects participating in compulsory social insurance and voluntary social insurance as follows:

Employees who are Vietnamese citizens subject to compulsory social insurance include: Employees working under indefinite-term labor contracts, labor contracts with a term of 1 month or more, including cases where the employee and the employer agree on a different name but with content showing the paid work, salary and management, operation and supervision of one party; cadres, civil servants, public employees; national defense workers and civil servants, police workers, people working in other positions in cryptographic organizations; officers and professional soldiers of the people's army; professional officers, non-commissioned officers, officers, technical non-commissioned officers of the people's police; people working in cryptographic work receiving salaries as for military personnel; non-commissioned officers and soldiers of the people's army; non-commissioned officers and soldiers on duty of the people's police; military, police and cryptographic students who are studying and are entitled to living expenses; regular militia; Employees working abroad under contracts as prescribed in the Law on Vietnamese Employees working abroad under contracts, except in cases where international treaties to which the Socialist Republic of Vietnam is a member have other provisions; spouses who do not receive salaries from the state budget and are sent on a term-term business trip with members of representative agencies of the Socialist Republic of Vietnam abroad are entitled to a living allowance; enterprise managers, controllers, representatives of state capital, representatives of enterprise capital as prescribed by law; members of the board of directors, general directors, directors, members of the board of supervisors or controllers and other elected management positions of cooperatives and cooperative unions as prescribed by the Law on Cooperatives who receive salaries; part-time workers at the commune level, in villages and residential groups; Subjects working under indefinite-term labor contracts, fixed-term labor contracts with a term of 1 month or more, including cases where the employee and the employer agree on a different name but with content showing the paid work, salary and management, operation and supervision of one party working part-time, with monthly salary equal to or higher than the salary used as the basis for the lowest compulsory social insurance contribution; business household owners of business households with business registration participating in accordance with Government regulations; enterprise managers, controllers, representatives of state capital, representatives of enterprise capital as prescribed by law; members of the board of directors, general directors, directors, members of the board of supervisors or controllers and other elected management positions of cooperatives and cooperative unions as prescribed by the Law on Cooperatives who do not receive salaries.

Spring Binh

Source: https://baoninhthuan.com.vn/news/152436p1c30/quy-dinh-mo-rong-doi-tuong-tham-gia-bao-hiem-xa-hoi-bat-buoc.htm