Mr. Tran Van Thanh (name of the character changed), a non-specialized worker (HĐKCT) in a village in Quang Ngai province, reflected that he and other HĐKCTs in the area are being required to self-pay 25% of the compulsory social insurance (BHXH) contribution level, while agencies and organizations using HĐKCTs have not fulfilled the contribution obligations under the responsibility of employers.
According to Mr. Thanh, Article 34 of the 2024 Law on Social Insurance stipulates that employees pay 8% of their salary as the basis for compulsory social insurance contributions to the pension and survivorship funds. Meanwhile, employers pay 3% to the sickness and maternity fund and 14% to the pension and survivorship fund, totaling 17%. Mr. Thanh said that these are two independent obligations that have been stipulated by law.
From there, he proposed to clarify whether the locality's requirement for HĐKCT in the village to self-pay 25% of compulsory social insurance is in accordance with legal regulations, as well as the responsibility of agencies and organizations managing and using this group of subjects in fulfilling social insurance contribution obligations.
Regarding his proposal, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the provisions of point k, clause 1, Article 2 of the Law on Social Insurance, HĐKCT in villages and residential groups are subject to compulsory social insurance participation.
The level of contribution, method and term of compulsory social insurance contribution of employees and employers have been specifically stipulated in Article 33 and Article 34 of the Law on Social Insurance, which includes subjects of HĐKCT in villages and residential groups according to point k, clause 1, Article 2 of the Law on Social Insurance.
Accordingly, the monthly contribution level of voters in villages and residential groups is equal to 8% of the salary used as the basis for compulsory social insurance contributions to the pension and survivorship fund.
Employers monthly pay compulsory social insurance calculated on the salary used as the basis for compulsory social insurance contributions of voters in villages and residential groups, including 3% into the sickness and maternity fund, 14% into the pension and survivorship fund.
According to Clause 3, Article 16 of Decree No. 185/2026/ND-CP dated May 26, 2026 of the Government stipulating the organization and operation of villages and residential groups and regimes and policies for voter registration residents in villages and residential groups: voter registration residents in villages and residential groups are entitled to compulsory social insurance, health insurance and other regimes and policies according to the provisions of law on social insurance, health insurance and current law.
According to the provisions of Article 15 of Decree No. 185/2026/ND-CP, the state budget allocates the allowance fund (including support for social insurance contributions) to pay monthly allowances to voters in villages and residential groups.
Based on the allowance fund contracted by the state budget for each village and residential group; the balancing capacity of the local budget; relevant legal regulations and the specific characteristics of villages and residential groups in the area, the Provincial People's Committee submits to the People's Council of the same level to specifically stipulate the allowance level for each position of voters in villages and residential groups.
The Ministry of Home Affairs requests citizens to base on the above regulations to implement, in case there are still questions, contact the Social Insurance agency or local authorities for specific information.
