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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Above is our advice on your questions. Persons with disabilities and relatives of persons with disabilities can contact us via the following channels:
Hotline: 024 6329 1019 or 024 6291 0814 (on business hours from Monday to Friday).
Email: tuvan@acdc.org.vn
Fanpage: Viện ACDC
This is a completely free consultation service for persons with disabilities and relatives of persons with disabilities nationwide.
