Adding 5 groups of workers to pay compulsory social insurance from 2025
The addition of the above subjects ensures compliance with the new regulations of the 2019 Labor Code, increasing benefits when these groups participate in compulsory social insurance. This is the content mentioned in the Proposal for the Social Insurance Law Project (amended). Explore more in the article below with S4B Vietnam:
Accordingly, Resolution 28-NQ/TW requires expanding the subjects participating in compulsory social insurance to other groups of subjects, and at the same time reviewing and expanding the subjects participating in compulsory social insurance to groups of business household owners. , business managers, managers and operators of cooperatives do not receive salary, employees work under a flexible regime. In the Proposal for the Social Insurance Law Project (amended), the following practical bases are mentioned:
1. For business households
According to current law, there are 02 groups of business households: (i) Business households must register as business households; and (ii) Households are not required to register as business households; In particular, the characteristics of households that do not have to register their business are small, unstable, and low-income households.
2. For people working part-time in villages and residential groups
According to current legal regulations on commune-level officials and civil servants and people working part-time at the commune level, in villages and residential groups, there are no more than 03 people working part-time in villages and residential groups. Positions (including Party Secretary, Village Head or Neighborhood Group Leader, Head of the Front Work Committee) are entitled to a monthly allowance.
Currently, the Central Budget implements an allowance fund to only pay monthly to people who work part-time in each village and residential group, similar to those who work part-time at the commune level. As of December 31, 2022, the whole country has 405,032 people working part-time at the commune level, in villages and residential groups, of which 270,346 people working part-time in villages and residential groups.
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According to the provisions of the 2014 Law on Social Insurance, only people working part-time at the commune level are eligible to participate in compulsory social insurance; People who work part-time in villages and residential groups are eligible to participate in voluntary social insurance.
3. For business and cooperative managers who do not receive salary
The 2014 Social Insurance Law only stipulates compulsory social insurance participation for business managers, managers and operators of cooperatives with salaries; For business managers, managers and operators of cooperatives who do not receive salary, participation in compulsory social insurance is not yet regulated.
Based on that reality, the draft proposes to add 5 groups of workers who must pay compulsory social insurance, including:
(1) Business household owner (with business registration);
(2) Persons who operate part-time in villages or residential groups are similar to those who operate without responsibility at the commune level;
(3) Enterprise managers, controllers, representatives of state capital, representatives of enterprise capital at the company and parent company, and cooperative managers do not receive salaries;
(4) Employees working part-time (employees working on a flexible basis);
(5) In cases where a labor contract is not concluded or an agreement by another name but with content indicating paid employment, salary and management, administration, and supervision of one party, is appropriate. with the Labor Code 2019.
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In addition, in order to gradually enjoy the compulsory social insurance policy for all employees who have jobs, income and salaries when they meet the necessary conditions in the spirit of Resolution 28-NQ/TW, Accepting the opinions of the National Assembly Standing Committee and the verification opinions of the Social Committee, in Clause 6, Article 3 of the draft Law on Social Insurance (amended) stipulates: “Participation in compulsory social insurance for subjects Other subjects with stable and regular employment and income are decided by the National Assembly Standing Committee in accordance with the socio-economic development conditions of each period”.
This regulation creates conditions for expanding compulsory social insurance participants to other groups in accordance with changes in labor relations13, socio-economic development conditions, and people’s lives.
The addition of the above subjects ensures compliance with the new regulations of the 2019 Labor Code, increasing benefits when these groups participate in compulsory social insurance; Demonstrates the intention to gradually expand coverage of subjects participating in compulsory social insurance to ensure feasibility in implementation.
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