📋 Tender Overview
Employees who have reached the end of their working age as prescribed by law, are not eligible to receive pensions and have been granted a one-time social insurance benefit, and are currently working at a new unit are subject to compulsory social insurance participation. Mr. Mac Van Chinh (HCMC) requested the authorities to answer some of the following cases: Employees who have reached the end of their working age (from 60 years old), are not eligible to receive pensions, and have had their benefits resolved. Take one-time leave to enjoy social insurance benefits before the Social Insurance Law 2024 takes effect. Currently, the employee continues to apply for work, the unit does not pay social insurance but still pays 21.5% (the units social insurance contribution) to the employee. Is it correct for the unit to do so? If the employee is an office employee on a probationary period of 1 month or 2 months, the unit does not pay social insurance nor pay 21.5% to the employee, is it a violation of the law? Regarding this issue, Vietnam Social Insurance answers as follows: Pursuant to the provisions in Point a, Clause 1, Clause 7, Article 2 of the Law on Social Insurance 2024, the person working under an indefinite-term labor contract term, fixed-term labor contracts with a term of 1 full month or more, including cases where the employee and the employer agree by a different name but have content indicating paid employment, salary and management, administration and supervision of a party subject to compulsory social insurance participation; Subjects receiving pensions, social insurance benefits, and monthly benefits are not subject to compulsory social insurance participation. Comparing with the above regulations, in his case, he has reached the end of working age as prescribed by law, is not eligible for pension and has been granted a one-time social insurance benefit, and is currently working at a new unit, is subject to compulsory social insurance participation. To ensure his rights, he requested the unit to prepare documents to participate and pay compulsory social insurance and health insurance for him with the social insurance agency in accordance with regulations. Pursuant to Clause 5, Article 3 of Decree No. 158/2025/ND-CP dated June 25, 2025 of the Government detailing and guiding the implementation of a number of articles of the Law on Social Insurance on compulsory social insurance, employees working under contract Probation according to the provisions of labor law is not subject to compulsory social insurance participation. The second question is not under the jurisdiction of Vietnam Social Insurance. We recommend that you contact the state labor management agency where the unit is headquartered to get an answer. Chinhphu.vn
