Mr. Trinh Van Tung asked: My company has signed contracts with people over 60 years old to work as security guards and these people are not entitled to pension. So I would like to ask, is there any regulation on employees over 60 years old having to pay social insurance at the unit?
Vietnam Social Security replied:
Pursuant to Article 2 of the Law on Social Insurance 2014, people working under indefinite-term labor contracts, fixed-term labor contracts, seasonal labor contracts or labor contracts for a certain job with a term of 1 month or more are subject to compulsory social insurance.
According to the provisions of Article 148, Article 149 of the 2019 Labor Code; Clause 4, Article 2 of Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance; Official Dispatch No. 3232/LDTBXH-BHXH dated September 27, 2011 of the Ministry of Labor, War invalids and Social Affairs on the collection of social insurance, health insurance, and unemployment insurance of employees, when employing elderly employees, the two parties can agree to sign multiple fixed-term labor contracts. For elderly employees working under a fixed-term labor contract of 1 month or more, an indefinite-term labor contract and not receiving a monthly pension or social insurance allowance, they are still subject to social insurance contributions according to the provisions of the Law on Social Insurance.