Does the company director have to pay social insurance?

Mon, 30 Nov 2020 16:52:00  |  Print  |  Email   Share:

A reader who has email nguyenhuytungx @ xx ask: The business I established and put into operation has 2 workers and 1 accountant, the company has paid social insurance as prescribed.

With me, as I ama director of a company, I am subject to participate in compulsory social insurance?

The Labor Newspaper's legal consultancy office replied:

Clause 1, Article 2, Decree 115/2015 / ND-CP stipulates that: Vietnamese employees participate in compulsory social insurance under this Decree, including:

a) Persons working under indefinite term labor contracts, definite-term labor contracts, seasonal labor contracts or for a certain job with a term of between full 3 months and under 12 months including labor contracts signed between the employer and the legal representative of the person under 15 years old in accordance with the labor law;

b) Persons working under labor contracts with a term of between full 01 month and under 03 months;

c / Cadres and public servants in accordance with the law on cadres and public servants

c) National defense workers, police workers, other workers in cipher organizations;

dd) The enterprise managers, the managers and the cooperatives enjoying salary;

e) Part-time workers in communes, wards or townships;

g) Persons enjoying the spousal or spousal regime at overseas Vietnamese representative missions specified in Clause 4, Article 123 of the Law on Social Insurance.

Clause 18, Article 4 of the Law on Enterprises 2014 stipulates: Enterprise managers are company managers and private enterprise managers, including owners of private enterprises, general partners, and Chairman of the City Council. Members, members of the Members' Council, company President, Chairman of the Board of Directors, members of the Board of Directors, Director or General Director and individuals holding other managerial titles with authority on behalf of the company sign transactions of the company in accordance with the company's charter.

Therefore, if you have a salary from the company, you are subject to compulsory social insurance.

 Legal advice

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This column is done with support from YouMe Law Firm.

By: According to NAM DUONG (Labor Newspaper)/ Translator: HaiYen-Bizic


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