Dear VSS, I work for FDI enteprise with 100% foreign capital and my managers are from parent company. They are internal transition subjects so they don’t participate social and health insurance. However, because there is mistake on work permit, the managers’ form of work on work permit is “Contract Labor” and can’t be edited. So, may I have a question “Do the managers participate compulsory social, health and unemployment insurance? In case they didn’t participate before, are they required to collect arrears? Thank you!
According to Clause 2 Article 2 of Law on Social Insurance 2014, Article 1, point a of Article 2’s Clause 2 under Government’s Decree 143/2018/NĐ-CP dated on Oct 15th 2018 specifically regulates Law on social insurance and Law on Occupational Safety and Hygiene on compulsory social insurance for foreign labors working in Vietnam who are objects participating in compulsory social insurance if they have work permit or professional certificate or practicing certificate by Vietnam’s competent authority and have unidentified labor contact from 1 year with Vietnamese employers. In case internal transition labors among enterprises under legal regulation, they are not included in compulsory Social Insurance objects under law’s regulation, they are not included in compulsory social insurance participants. In case labor permit has something mistake, the company shall cooperate with competent authority to license work permit in order to consider, edit under regulation of law on social insurance implementation.
Work Injury and Occupational Disease
Medical (Health Insurance)
Certificate of coverage
VSS - ISSA Guidelines on Social Security