Notice No. 2446/BHXH-QLT dated November 29, 2018 of the Ho Chi Minh City Social Security temporary guidance on participation in compulsory social insurance applied to employees who are foreign citizens

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Notice No. 2446/BHXH-QLT dated November 29, 2018 of the Ho Chi Minh City Social Security temporary guidance on participation in compulsory social insurance applied to employees who are foreign citizens
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Official number:2446/BHXH-QLTSigner:Phan Van Men
Type:Official DispatchExpiry date:Updating
Issuing date:29/11/2018Effect status:
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Fields:Insurance , Labor - Salary
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Effect status: Known

VIETNAM SOCIAL SECURITY
HO CHI MINH CITY SOCIAL SECURITY

Notice No. 2446/BHXH-QLT dated November 29, 2018 of the Ho Chi Minh City Social Security temporary guidance on participation in compulsory social insurance applied to employees who are foreign citizens

To: Employers in Ho Chi Minh City.

Pursuant to Government's Decree No. 143/2018/ND-CP dated October 5, 2018 on guidelines for the Law on Social Insurance and the Law on Occupational Safety and Hygiene in terms of compulsory social insurance applied to employees who are foreign citizens working in Vietnam.

Ho Chi Minh City Social Security provides temporary guidelines on participation of compulsory social insurance applied to employees who are foreign citizens working in Vietnam as follows:

1. Required entities:

1.1. An employee who is a foreign citizen working in Vietnam is required to participate in compulsory social insurance when he/she obtains a work permit or practicing certificate or license issued by the Vietnamese competent authority and has an indefinite-term labor contract or a labor contract with the term of at least 1 year entered into with an employer in Vietnam.

1.2. An employee is not required to participate in compulsory social insurance if he/she falls under one of the following:

- He/she is transferred within his/her enterprise as prescribed in Clause 1 Article 3 of the Government’s Decree No. 11/2016/ND-CP dated February 3, 2016 and: he/she is the manager, executive officer, expert and technical worker of a foreign enterprise which has commercial presence in Vietnam’s territory, or he/she is temporarily assigned within his/her enterprise to the commercial presence in Vietnam’s territory and has been recruited at least 12 months before by the foreign enterprise.

- He/she reaches his/her full retirement age as prescribed in Clause 1 Article 187 of the Labor Code.

1.3. An employee who enters into multiple labor contracts with different employers and is required to participate in compulsory social insurance may only make social insurance contributions for the first labor contract; the employer must make contributions to occupational accident or disease insurance fund according to every signed labor contract.

2. Contribution rates:

2.1. From December 1, 2018:

According to the employee's monthly salary on which the contributions to social insurance are based, the employer shall contribute:

- 3% to the sickness and parental benefit fund;

- 0.5% to the occupational accident or disease insurance fund.

2.2. From January 1, 2022:

Employer’s monthly contribution:

- 3% to the sickness and parental benefit fund;

- 0.5% to the occupational accident or disease insurance fund.

- 14% to the pension and survivor benefit fund.

Employee’s monthly contribution: 8% to the pension and survivor benefit fund.

3. Monthly salary for social insurance contribution:

Monthly salary for social insurance contribution includes the pay, allowances and other amounts prescribed in Article 30 of Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labor, War Invalids and Social Affairs.

4. Benefits:

4.1. From December 1, 2018:

- Sickness benefit: in compliance with Article 6 of Decree No. 143/2018/ND-CP.

- Parental benefit: in compliance with Article 7 of Decree No. 143/2018/ND-CP.

- Benefits of occupational accident or disease insurance: in compliance with Article 8 of Decree No. 143/2018/ND-CP.

4.2. From January 1, 2022:

Apart from the social insurance benefits prescribed in Point 4.1, employees and relatives of employees are also eligible for the following benefits:

- Pension: in compliance with Article 9 of Decree No. 143/2018/ND-CP.

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