Ministry of Home Affairs clarifies regulations on social insurance contributions during probation

Mr. Pham Van Dinh (name of the character changed) said that in Clause 5, Article 3 of Decree No. 158/2025/ND-CP, it is stipulated that employees working under probation contracts according to the provisions of labor law are not subject to compulsory social insurance (BHXH).

Meanwhile, Clause 1, Article 24 of the 2019 Labor Code stipulates that employers and employees can agree on the content of probation recorded in the labor contract or conclude a probation contract.

From the above regulations, Mr. Dinh asked: In case employees and employers agree on the content of the probation period recorded in the labor contract, is the probation period subject to compulsory social insurance participation or not?

Regarding Mr. Dinh's reflection and recommendation, the Ministry of Home Affairs responded on the Electronic Information Portal.

According to the provisions of point a, clause 1, Article 2 of the Law on Social Insurance, employees who are Vietnamese citizens are subject to compulsory social insurance participation, including people working under indefinite-term labor contracts, fixed-term labor contracts with a term of 1 month or more, even in cases where employees and employers agree by another name but have content reflecting paid employment, wages and the management, administration, and supervision of one party.

According to Clause 1, Article 24 of the Labor Code, employers and employees can agree on the content of probation stated in the labor contract or agree on probation by concluding a probation contract.

Based on the above regulations, the Ministry of Home Affairs said that in cases where employers and employees agree on the probationary content stated in the labor contract, compulsory social insurance participation for employees is carried out based on the employee's labor contract.

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