Ms. Tran Thi Ly (in Nghe An Province) has been the owner of individual business household, paying compulsory social insurance since 2010. In May 2018, the social insurance body of Anh Son District and the social insurance body of Nghe An Province sent a written request to her to switch voluntary social insurance. For this reason, it is no longer required to provide compulsory social insurance for individual business owners. Ms. Ly would like to ask, can the owner of individual business household pay compulsory social insurance? If yes, why did the owner receive a notice to stop paying ? If not, is it correct or not to participate in compulsory social insurance by her from beginning up to now? Can individual household business owners pay unemployment insurance? If so, when Ms Ly does not participate in social insurance anymore, will she be entitled to unemployment benefits? If not, is it correct or not to pay unemployment insurance by owners?
Regarding this issue, Vietnam Social Insurance answers as follows:
At Points a, b, Clause 1, Clause 3, Article 2 of the Law on social insurance 2014; Clause 2, Article 41; Clause 1, Clause 3, Article 43 of the Law on Employment: Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or a certain job with a term of between full 3 months and under 12 months at households. individual businesses subject to compulsory social insurance and unemployment insurance; From January 1, 2018, including those who work under labor contracts with a term of between full 1 month and under 3 months at individual business households that are subject to compulsory social insurance.
For comparison with the above provision, if Ms. Ly is an individual business household and is not a person working under the labor contracts mentioned above, she is not subject to compulsory social insurance and unemployment insurance. The time has been closed since 2010, Ms. Ly is requested to contact the social insurance agency for guidance.