Vietnam clarifies mandatory social insurance for probation periods

The Ministry of Home Affairs has clarified the regulations regarding mandatory social insurance contributions during probation periods in Vietnam. The clarification addresses whether employees whose probation terms are integrated into a labor contract are eligible for mandatory social insurance.

According to the Social Insurance Law, Vietnamese citizens are subject to mandatory social insurance if they work under indefinite-term labor contracts or fixed-term labor contracts of one month or more. This applies even if the contract uses different terminology, provided the content involves paid work under the management and supervision of an employer.

Under Article 24 of the 2019 Labor Code, employers and employees can agree to include probation terms directly within a labor contract or enter into a separate probation contract. If the probation period is part of a labor contract, social insurance participation must be implemented based on the terms of that labor contract.