๐ Tender Overview
Mr. Do Luu (Hanoi) asked, according to current regulations, which types of contracts do not require social insurance payment? Regarding this issue, City Social Insurance. Hanoi answers as follows: Points a and l, Clause 1, Article 2 of the 2024 Law on Social Insurance stipulates that subjects participating in compulsory social insurance include: a) People working under indefinite-term labor contracts, definite-term labor contracts with a term of 01 full month or more, including cases where the employee and the employer agree by a different name but have content showing paid employment, salary and benefits. management, administration, supervision of one party;... l) Subjects specified in Point a of this Clause who work part-time, have a monthly salary equal to or higher than the salary as the basis for paying the lowest compulsory social insurance. Clause 7, Article 2 of the 2024 Law on Social Insurance stipulates that cases not subject to participation in compulsory social insurance include: a) People who are receiving pensions, social insurance benefits, and monthly benefits as prescribed by the Government entitled to social insurance benefits, monthly benefits are not subject to compulsory social insurance participation; b) Employees are domestic workers; c) Subjects specified in Points m and n, Clause 1 of this Article have reached the retirement age as prescribed in Clause 2, Article 169 of the Labor Code, except in cases where the social insurance payment period is short of a maximum of 06 months specified in Clause 7, Article 33 of this Law. Clause 5, Article 3 of Decree No. 158/2025/ND-CP dated June 25, 2025 of the Government regulating subjects participating in compulsory social insurance: 5. Subjects specified in Point a, Clause 1, Article 2 of the Law on Social Insurance who work part-time, whose monthly salary calculated according to the provisions of Clause 2, Article 7 of this Decree is lower than the salary as the basis for paying the lowest compulsory social insurance; employees working under probationary contracts according to the provisions of Clause 2, Article 7 of this Decree. The provisions of the labor law are not subject to participation in compulsory social insurance. The Social Insurance Law only regulates subjects participating in compulsory social insurance and subjects not subject to participation in compulsory social insurance, does not regulate types of contracts. Based on the above regulations, to consider subjects subject to compulsory social insurance and subjects not subject to participation in compulsory social insurance. To understand the types of contracts, please contact the Department of Home Affairs for detailed instructions.Chinhphu.vnSee moreWhen can you pay compensation for social insurance to enjoy retirement benefits?See moreHow much does a business household pay compulsory social insurance?See moreHow to determine salary for social insurance contributions for foreign workersSee moreTime to pay compulsory social insurance to enjoy maternity benefits See moreDetermine payment Social insurance based on number of working days. See more: Does a 2-month probationary contract require compulsory social insurance? See more: Sign 2 labor contracts, how to pay social insurance? See more: Probationary contract without compulsory social insurance