Is the consultant paying compulsory or voluntary social insurance?

Is the consultant paying compulsory or voluntary social insurance?

Through the System of receiving and responding to proposals of enterprises, the Project Management Unit of the "Institutional strengthening and enforcement" component (Hanoi) requests the competent authorities to answer problems about the regulations of paying Social insurance of consultants serving the activities of the Project Management Unit.

The project management unit of the "Institutional strengthening and implementation" component is the ODA project management unit (PMU) under the Ministry of Natural Resources and Environment.

The PMU hires different positions of consultants to serve the Board's activities. The contract of hiring experts is a type of consultancy contract (medium term), signed for 12 months and evaluated, extended and re-signed after the contract expires.

Under the terms of the contract, the consultants are self-sufficient on tax and insurance issues. However, to ensure convenience for monthly social insurance payment, in 2015, PMU worked with district social insurance agency to apply for insurance code for consultants working at PMU.

Accordingly, experts register the payment rate (voluntary) and the PMU shall make a monthly insurance payment (health insurance, social insurance) at the time of payment of expert remuneration.

By 2017, at the time of document review, the PMU and the district social insurance body have worked and found, the registration and payment are not in compliance with the current regulations (there is a conflict between voluntary and compulsory forms). The PMU has sent a written request to the district social insurance body to close the social insurance book for professionals to carry out the procedures for voluntary insurance payment as prescribed.

However, by the beginning of 2018, the district social insurance body sent a written request to the city social insurance to withdraw the social insurance of all experts who have submitted to the PMU (including experts who have terminated the contract and closed the books from the last year).

The PMU of "Institutional strengthening and enforcement" component proposes authorities to answer, does the insurance withdrawal of social insurance agencies comply with regulations?

Regarding this issue, the Vietnam Social Insurance answered as follows:

Under the provisions of Point a, Point b, Clause 1; Clause 2, Article 2; Points a, h, Clause 1, Article 18 of the Law on social insurance2006; Points a, b, Clause 1; Clause 3, Article 2; Clause 2, Article 21 of the Law on Social Insurance 2014, the employees, public servants, officials and managers of enterprises have a salary; people 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 and from January 1, 2018 working under seasonal labor contract or a certain job with term from full 1 month to less than 3 months who are subject to compulsory social insurance; monthly, the unit is responsible for paying social insurance premium at the prescribed rate and deducted from the employee's compulsory social insurance premiums salary to pay the social insurance fund at the same time.

Pursuant to Clause 5, Article 2 of the 2006 Law on social insurance; Clause 3, Article 2 of the Law on Social Insurance 2014, Vietnamese citizens of working age, or from 15 years of age or older who are not subject to compulsory social insurance, are subject to voluntary social insurance; premium rates and methods of payment comply with Article 100 of the 2006 Law on social insurance and Article 87 of the Law on social insurance 2014; On the basis of the employee's application, the application of the applicant shall change to the form of voluntary social insurance, the social insurance of Hanoi city shall adjust the dossier of closing and recording of social insurance books in accordance with the regulations on voluntary social insurance.

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