Results on the Completion of the Legal System on Labor, Employment, and Social Insurance under Resolution No. 28
14/11/2025 10:38 AM
During the 2018–2025 period, the institutionalization of major policies and the completion of laws and policies on Social Insurance (SI) were combined with the completion of laws and policies on employment, policies for people with meritorious services to the revolution, and other related laws and policies. Specifically, the following have been promulgated: The Labor Code (2019), the Law on Vietnamese Workers Working Abroad under Contract (2020), the Ordinance on Preferential Treatment for People with Meritorious Services, the Law on SI (2024), and the Law on Employment (2025). In addition, the Government has issued relevant resolutions, decrees, and decisions.
The 2024 Law on SI was based on the reform contents in Resolution No. 28, including provisions on designing a multi-tiered SI system; completing regulations on SI contribution and benefits, ensuring the principles of fairness, equality, sharing and sustainability; mechanisms for strict management of the SI Fund investment, ensuring its safety, sustainability and efficiency and regulations on sanctions for violations of SI law. Some contents were developed based on the research results and implementation of several projects, such as: the project on pilot research for implementing a flexible short-term voluntary SI package to give workers more choices for participation and benefits; the policy to support SI contribution payments for workers participating in voluntary SI; and the project on enhancing the efficiency of managing and investing the SI fund…
The Law on Vietnamese Workers Working Abroad under Contract (No. 69/2020/QH14) regulates the right of Vietnamese workers working abroad under contract to participate in SI. The regulation on foreign citizens working in Vietnam participating in mandatory SI is implemented according to Decree No. 143/NĐ-CP, dated October 15, 2018 of the Government detailing the Law on SI and the Law on Occupational Safety and Health regarding mandatory SI for foreign citizens working in Vietnam. The work of negotiating and signing bilateral social security agreements is being boosted. Accordingly, Vietnam has signed an Agreement and an Implementation Arrangement with South Korea; is preparing to negotiate an Agreement with Japan and considering a proposal to negotiate an Agreement with Romania. At the same time, the 2024 Law on SI amended regulations for Vietnamese workers working abroad and foreigners working in Vietnam regarding their participation in mandatory SI.
The 2025 Law on Employment institutionalized the viewpoint of amending and supplementing the unemployment insurance (UI) policy and employment policy toward supporting businesses and workers to maintain jobs, ensuring the legitimate rights of businesses and workers, and addressing issues of UI fraud and abuse.
The 2024 Law on SI and the guiding Decree of the Government have institutionalized specific regulations and strict management mechanisms for the investment of the SI Fund, ensuring that the investment is safe, sustainable, and effective.
Sanctions for violations of SI have been gradually improved through institutional documents such as Decree No. 12/2022/NĐ-CP, dated January 17, 2022, stipulating penalties for administrative violations in the fields of labor, SI, and sending Vietnamese workers working abroad under contract; Resolution No. 05/2019/NQ-HĐTP, dated August 15, 2019, of the Council of Justices of the Supreme People's Court guiding the application of provisions on the crime of SI, UI, and Health Insurance fraud. Acts of evading contributions, late contributions and SI fraud and abuse were institutionalized in the 2024 Law on SI, whereby the state management agency for SI and the SI Fund management agency have the authority to impose penalties on businesses that evade contributions, make late contributions, commit fraud, or abuse SI./.
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