Do we have to pay social insurance when working after retirement?

 In Clause 1, Article 4 of Decision 595/QD-BHXH dated April 14, 2017 of Vietnam Social Security, Vietnamese employees eligible to participate in compulsory social insurance are:

Ảnh minh họa

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

1.2. Persons working under labor contracts with a term of from 1 month to less than 3 months (from January 1, 2018);

1.3. Cadres, civil servants and public employees in accordance with the law on cadres, civil servants and public employees;

1.4. National defense workers, police, and people doing other jobs in cipher organizations, in case the Social Security Administration of the Ministry of National Defense or the People's Police Social Security hand them over to the provincial social insurance agency;

1.5. The enterprise manager, the executive manager of the cooperative receiving salary;

1.6. Persons working part-time in communes, wards and townships;

1.7. Persons who go to work abroad under the contract specified in the Law on Vietnamese workers working abroad under the contract participate in compulsory social insurance according to the provisions of Decree No. 115/2015/ND-CP dated 11/11/2015 of the Government detailing a number of articles of the Law on Social Insurance on compulsory social insurance applicable to the following contracts:

a)  Contracts on sending workers to work abroad with enterprises providing the service of sending workers to work abroad, non-business organizations licensed to send workers to work abroad;

b) Contracts of sending workers to work abroad with enterprises that win or accept contracts or organizations or individuals investing abroad that send workers to work abroad;

c) Contracts of sending workers to work abroad in the form of skill improvement internships with enterprises sending workers to work in the form of skill improvement internships;

d) Personal contract.

1.8. Persons enjoying the spouse or husband-in-law regime at the overseas Vietnamese representative missions specified in Clause 4, Article 123 of the Law on Social Insurance;

1.9. Employees specified at Points 1.1, 1.2, 1.3, 1.4, 1.5 and 1.6 of this Clause are sent to study, practice, and work at home and abroad while still receiving salary in the country and are eligible to participate in compulsory social insurance ;

Also at point a, clause 4, Article 4 of this Decision, it is clearly stated that "people who are enjoying their monthly pension are not subject to compulsory social insurance". Clause 9, Article 123 of the Law on Social Insurance 2014 also states:

  Pensioners who are entering into labor contracts are not subject to participation in compulsory social insurance.

Employees working under labor contracts in this case are not required to pay compulsory social insurance. Therefore, people who are on pension but go to work do not have to pay social insurance.