Question: Currently, according to the law, who is eligible for voluntary social insurance? If employees are eligible for life expectancy but are not eligible for the pension payment period, are they eligible for voluntary social insurance to receive the pension? Looking forward to counselling, thank you!
The Law Department - ACDC, advise:
Under Clause 4, Article 2 of 2014 Law on Social Insurance and Clause 1, Article 2 of Circular 01/2016/TT-BLĐTBXH detailing and guiding the implementation of the law on social insurance on voluntary social insurance,
The subjects participating in voluntary social insurance are Vietnamese citizens aged full 15 years or older and not subject to compulsory social insurance participation in accordance with the law on social insurance, including:
(1) Employees working under employment contracts with a term of fewer than 3 months before January 1, 2018; employees working under employment contracts with a term of less than 1 month from January 1, 2018, onwards;
(2) Persons working part-time in hamlets, villages, residential groups, and quarters;
(3) Domestic workers;
(4) Persons engaged in unpaid production, business, and service activities;
(5) Cooperative members who do not receive salary or wages work in cooperatives and cooperatives unions ;
(6) Farmers and self-employed workers include those who organize their own labour activities to earn income for themselves and their families;
(7) The employee has met the age requirements but has not yet met the conditions for the payment period to enjoy the pension according to the provisions of the law on social insurance;
(8) Other participants.
Thus, in case the employee has met the age requirements but has not yet met the conditions for the payment period to enjoy the pension, he/she may participate in voluntary social insurance to enjoy the pension according to regulations.
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