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Is social insurance compulsory for laborers working under a probationary contract?

  • Perform: Le Thao (Translator: Linh Dieu Tran)
  • 27/08/2021

The ACDC law office advises:

The ACDC law office advises:

Question: I am a Vietnamese citizen. I have just passed a job interview in a limited liability company in Vietnam and was offered an administrative staff position under a probationary contract for a 02-month period. Is it compulsory to participate in social insurance when I’m on a probationary contract? Thank you!

Answer by ACDC’s Law Department:

Points a and b, Clause 1, Article 2 of the 2014 Law on Social Insurance, which has come into effect since January 1, 2016, specify that:

“1. Employees being Vietnamese citizens shall be covered by compulsory social insurance, including:

a) Persons working under indefinite-term labor contracts, definite-term labor contracts, and seasonal labor contracts or contracts for given jobs with a term of between full 3 months and under 12 months, including also labor contracts signed between employers and at-law representatives of persons aged under 15 years in accordance with the labor law;

b) Persons working under labor contracts with a term of between full 1 month and under 3 months;”

Accordingly, for a probationary contract between an employee who is a Vietnamese citizen and a company with a term of 2 months, the employee is not covered by compulsory social insurance.

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