Vietnam Social Insurance answers about paying compulsory social insurance to pensioners

Sending a question to Vietnam Social Security, reader M.V.C suggested that the authorities answer some of the following cases: Employees who are past working age (from the age of 60), not eligible for pension, have had their one-time social insurance benefits resolved before the Social Insurance Law 2024 took effect.

Currently, employees continue to apply for work, the unit does not pay social insurance but still pays 21.5% (the unit's social insurance contribution) to employees.

"Is it correct for the unit to do so? If the employee is an office worker on probation for 1 month or 2 months, the unit does not pay social insurance but does not pay 21.5% to the employee, is it a violation of the law?" - a reader asked.

Regarding this issue, Vietnam Social Security responds as follows:

Pursuant to the provisions of Point a, Clause 1, Clause 7, Article 2 of the Law on Social Insurance 2024, people working under indefinite-term labor contracts, fixed-term labor contracts with a term of 1 month or more, even if the employee and the employer agree with another name but have content showing the work with payment, salary and the management, operation and supervision of a party subject to compulsory social insurance; the subject receiving pension, the beneficiary of social insurance benefits, monthly allowances not subject to compulsory social insurance.

Comparing the above regulations, in case he has reached the working age according to the provisions of law, is not eligible for pension and has been settled for one-time social insurance, and is currently working at a new unit, he is subject to compulsory social insurance.

To ensure his rights, he requested the unit to prepare a file to participate, pay compulsory social insurance and health insurance for him with the social insurance agency in accordance with regulations.

Pursuant to Clause 5, Article 3 of Decree No. 158/2025/ND-CP dated June 25, 2025 of the Government detailing and guiding the implementation of a number of articles of the Law on Compulsory Social Insurance, employees working under probationary contracts as prescribed by the labor law are not subject to compulsory social insurance.

The second question is not under the authority of Vietnam Social Insurance, readers are advised to contact the state management agency of labor where the unit is headquartered for answers.

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