Sending questions to Vietnam Social Security, reader M.V.C requested functional agencies to answer some cases as follows: Employees who have reached the working age (from 60 years old), are not eligible to receive pensions, and have been granted one-time social insurance benefits before the 2024 Social Insurance Law takes effect.
Currently, workers continue to apply to work, the unit does not pay social insurance but still pays 21.5% (the unit's social insurance contribution) to workers.
Is it right for the unit to implement this? Employees who are office workers on probation for 1 month or 2 months, and the unit does not pay social insurance and does not pay 21.5% to employees, is this a violation of the law?" - the reader asked.
Regarding this issue, Vietnam Social Security answers as follows:
Based on the provisions of point a, clause 1, clause 7, Article 2 of the 2024 Law on Social Insurance, people working under indefinite-term labor contracts, definite-term labor contracts with a term of 1 month or more, including cases where employees and employers agree by another name but have content showing that the job is paid, salary and the management, administration, and supervision of one party are subject to compulsory social insurance; subjects who are receiving pensions, social insurance allowances, monthly allowances are not subject to compulsory social insurance.
Comparing the above regulations, in your case, you are past working age according to the provisions of law, do not meet the conditions to receive a pension and have been resolved to receive one-time social insurance benefits, and are currently working at a new unit, you are subject to compulsory social insurance participation.
To ensure his rights, he requested the unit to prepare dossiers to participate in and pay compulsory social insurance and health insurance for him with the social insurance agency in accordance with regulations.
Based on 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 probationary contracts according to the provisions of labor law are not subject to compulsory social insurance participation.
The second question is not under the jurisdiction of Vietnam Social Security, readers are requested to contact the state management agency for labor where the unit is headquartered for answers.
