Chương I Nghị định 115/2015/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides guidance on the Law on Social insurance in terms of compulsory social insurance applied to officials, civil servants and Vietnamese employees working under labor contracts.

Article 2. Regulated entities

1. Employees are Vietnamese citizens who participate in compulsory social insurance as prescribed in this Decree, including:

a) Persons working under indefinite-term labor contracts, definite-term labor contracts, seasonal labor contracts or contracts for given jobs with a term of between full of 3 months and under 12 months, including also labor contracts signed between employers and legal representatives of persons aged under 15 years in accordance with the labor law;

b) Persons working under labor contracts with a term of between full of 1 month and under 3 months;

c) Officials and civil servants as prescribed in legislation on officials and civil servants;

d) National defense workers, public security workers and persons doing other jobs in cipher organizations;

dd) Salaried managers of enterprises and cooperatives;

e) Part-time staffs in communes, wards and district-level towns (hereinafter referred to as communes);

g) Persons on spouse benefit in overseas Vietnamese representative missions prescribed in Clause 4 Article 123 of the Law on Social insurance.

2. Vietnamese guest workers prescribed in the Law on Vietnamese guest workers participating compulsory social insurance as prescribed in this Decree shall apply the following contracts:

a) The guest worker contracts concluded with enterprises providing guest worker services or with non-business organizations licensed to send workers abroad;

b) The guest worker contracts concluded with contract-winning or -receiving enterprises or with outward-investing organizations or individuals that send workers abroad.

c) The guest worker contracts in the form of skill-improvement internship contracts, concluded with enterprises sending workers abroad for internship to improve their skills;

d) Individual contracts.

The persons prescribed in Clause 1 and Clause 2 of this Article hereinafter are referred to as employees.

3. Employees prescribed in this Decree shall participate in every type of compulsory social insurance, excluding employees prescribed in Points e and g of Clause 1 and Points a, c and d Clause 2 of this Article that only participate in the type of retirement and survivorship.

4. Employees prescribed in Points a and b Clause 1 of this Article that are domestic workers and employees prescribed in Clause 1 of this Article that receive the following pension salaries, monthly social insurance benefit and monthly benefit shall not be the participants of compulsory social insurance:

a) The people on retirement pension;

b) The people on monthly benefit prescribed in Decree No. 09/1998/ND-CP dated January 23, 1998 of the Government on amendments to Decree No. 50/CP dated July 26, 1995 of the Government on subsistence for officials of communes;

c) The people on monthly benefit for working capacity loss;

d) The people on monthly benefit prescribed in Decision No. 91/2000/QD-TTg dated August 4, 2000 of the Prime Minister on benefit for people above the working age upon the expiration of monthly benefit for working capacity loss (hereinafter referred to as Decision No. 91/2000/QD-TTg); Decision No. 613/QD-TTg dated May 6, 2010 of the Prime Minister on monthly benefit for people having 15 year- or 20 year- working experience upon the expiration of monthly benefit for working capacity loss (hereinafter referred to as 613/QD-TTg);

dd) The soldiers, police officers and the people working in cipher organizations on monthly benefit prescribed in Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on policies applied to soldiers fought in Resistance War against the American Empire to Save the Nation with under-20 year experience in the army that was demobilized; Decision No. 38/2010/QD-TTg dated May 6, 2010 of the Prime Minister on amendments to Decision No. 142/2008/QD-TTg dated October 27, 2008 of the Prime Minister on policies applied to soldiers fought in Resistance War against the American Empire to Save the Nation with under-20 year experience in the army that was demobilized; Decision No. 53/2010/QD-TTg dated August 20, 2010 of the Prime Minister on policies applied to officials and Peoples’ Public Security soldiers fought in Resistance War against the American Empire to Save the Nation with under-20 year experience in the Public Security that was demobilized; and Decision No. 62/2011/QD-TTg dated November 9, 2011 of the Prime Minister on policies applied to people fought in the Ward to Save the Nation, fulfilled international duties in Cambodia and Laos after April 30, 1975 that was demobilized or ceased work.

5. The employers prescribed in Clause 3 Article 2 of the Law on Social insurance.

6. Agencies, organizations, and individuals involved in compulsory social insurance.