Is the company director required to participate in compulsory social insurance ?

Owners, directors, or members of the Board of members in limited liability companies (enterprises), who do not work under labor contracts or do not receive salaries, wages at enterprises, are they required to participate in compulsory social insurance ?

DMS Lawyers in Danang, Vietnam advise on the company director required to participate in compulsory social insurance ?

Subjects participating in compulsory social insurance, include:

Persons working under an indefinite term labor contract, a definite term labor contract, a seasonal labor contract or a certain job with a term from full 3 months to less than 12 months, including labor contracts signed between the employer and the legal representative of the person under 15 years of age in accordance with the labor law;

Persons working under labor contracts with a term of from full 1 month to less than 3 months;

Enterprise managers, executive directors of cooperatives with salaries (Point a, b and Point h Clause 1 Article 2 of the Law on Social Insurance No. 58/2014/QH13 dated November 20, 2014);

Subjects participating in voluntary social insurance, include:

Voluntary social insurance participants are Vietnamese citizens aged full 15 years and older and are not the subjects specified in Clause 1 of this Article (Clause 4 Article 2 of the Law on Social Insurance No. 58/2014/QH13 dated November 20, 2014);

Thus, in case the owner, director, or a member of the Board of members in a limited company (enterprise) who does not work under a labor contract, does not receive salary at the enterprise, such person is not subject to participation in compulsory social insurance, but subject to participation in voluntary social insurance./.

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DMS LAW LLC
Director
(Signed)
Lawyer Do Minh Son