If you have retired, will security guards at the grassroots level be paid additional social insurance

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 2, Article 2 of the Law on Forces Participating in Security and Order Protection at the Grassroots Level stipulates: Forces Participating in Security and Order Protection at the Grassroots Level are forces established by local authorities on the voluntary basis of the people to support the Commune, Ward and Town Police (hereinafter referred to as the Commune-level Police) to assist the People's Committees at the same level in protecting security and order and building a movement for the entire people to protect national security.

Clause 1, Article 23 of the Law on Forces Participating in Security and Order Protection at the Grassroots Level stipulates: People participating in security and order protection forces at the grassroots level are entitled to receive regular monthly support, and are supported with voluntary social insurance and health insurance contributions at the level decided by the Provincial People's Council.

Clause 1, Article 3 of the 2019 Labor Code stipulates: Employees are those who work for employers according to agreements, are paid and subject to the management, operation and supervision of employers.

Clause 3, Article 168 of the 2019 Labor Code stipulates: For employees who are not subject to compulsory social insurance, health insurance, and unemployment insurance, the employer is responsible for paying an additional amount of salary at the same time as the employee's salary payment period, equivalent to the employer's compulsory social insurance, health insurance, and unemployment insurance for employees according to the provisions of the law on social insurance, health insurance, and unemployment insurance.

Thus, those participating in the security and order protection force at the grassroots level are subject to the Law on Forces Participating in Security and Order Protection at the Grassroots Level and are not employees subject to the Labor Code.

Therefore, when they have retired and joined the security and order protection force at the grassroots level, they will not be entitled to additional social insurance contributions according to the above regulations.