Chương I Nghị định 143/2018/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates on the Law on Social Insurance and the Law on Occupational Safety and Hygiene regarding the compulsory social insurance (SI) for employees who are foreign nationals working in Vietnam.

Article 2. Subjects of application

1. Employees who are foreign nationals working in Vietnam shall be required to participate in the compulsory SI program if they obtain work permits, practicing certificates, practicing licenses issued in Vietnam, indefinite-term employment contracts or employment contracts valid for at least one year with employers in Vietnam.

2. Employees referred to in clause 1 of this Article shall be excluded from participation in the compulsory social insurance as provided herein if:

a) they are intra-company transferees as stipulated in clause 1 Article 3 of the Government’s Decree No. 11/2016/ND-CP dated February 3, 2016, providing details of the implementation of certain articles of the Labor Code regarding foreign employees working in Vietnam.

b) they reach retirement age under clause 1 Article 187 of the Labor Code.

3. Employers participating in the compulsory social insurance, including state agencies, public service provider units, political entities, socio-political bodies, socio-political and occupational, socio-occupational and other social organizations; foreign or international bodies or organizations operating within the territory of Vietnam; enterprises, cooperatives, single-person households, cooperative associations, other organizations, and persons who are licensed to do business as per laws, shall be required to participate in the compulsory social insurance if they hire and employ personnel to work under employment contracts.

4. Entities and persons related to the compulsory social insurance for employees who are foreign nationals shall be required to participate in this compulsory SI program.

Article 3. Rights and responsibilities of employees and employers

Employees and employers prescribe in this Decree shall have full rights and responsibilities under the provisions of the Law on Social Insurance and the Law on Occupational Safety and Hygiene.

Article 4. SI complaints, allegations and penalties for SI violations

SI complaints, denunciations and actions for SI violations with respect to those entities and persons prescribed in Article 2 hereof shall be subject to provisions laid down in Chapter VIII of the Law on Social Insurance.