Many businesses and units now have foreign employees, and participation in social insurance has also encountered many problems since then. Therefore, it is necessary to fully understand the legal provisions to properly implement social insurance to ensure the rights and benefits for both employees and businesses.
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According to the provisions of the Law on Social Insurance and guiding documents, foreign employees working in Vietnam are eligible to participate in compulsory social insurance when they have a work permit or a practicing certificate. or a practicing license issued by a competent Vietnamese agency; having an indefinite-term labor contract or a definite-term labor contract of full 01 year or more with an employer in Vietnam.
In case the employee moves within the enterprise according to the provisions of Decree 140/2018/ND-CP detailing the implementation of a number of articles of the Labor Code on foreign workers working in Vietnam and Employees who have reached the retirement age as prescribed in the Labor Code are not eligible to participate in compulsory social insurance.
Photo 1. Do foreign workers have to participate in Social Insurance? - Hotline: 097 211 8764
According to this regulation, foreign workers are eligible to participate in compulsory social insurance when they fully meet the following conditions:
- Having a work permit or practicing certificate or a practicing license issued by a competent Vietnamese agency;
- Having an indefinite-term labor contract or a definite-term labor contract of full 01 year or more;
- Being of working age as prescribed by the Labor Code.
Thus, only foreign workers working for the unit who satisfy the 03 conditions mentioned above, will participate in compulsory social insurance for them.
At the same time, foreign workers who move within the enterprise or foreign workers who have reached the end of working age in accordance with Vietnamese labor law will not participate in compulsory social insurance.
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Photo 2. Free legal advice_Hotline: 0972118764
Socio-Economic General Department - TLK Law Firm
According to chinhphu.vn
Dear readers, TLK Law Firm, Ltd. Besides providing you with useful knowledge and information about economic, cultural and social life, we are also an organization providing legal services; Professional accounting - tax and trade promotion with many years of experience.
With the desire to carry out social responsibility, in case you need advice on legal issues, please contact us at hotline: 097 211 8764 for advice from a lawyer. Directly (completely free consultation).
