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The Government Information Portal connected to Hanoi Social Insurance has clarified how students who work part-time under employment contracts are covered by Vietnam’s health insurance (BHYT) under the Health Insurance Law as amended in 2024.
Under Clause 10, Article 1 of the Health Insurance Law as amended in 2024, eligible BHYT subjects include workers employed under indefinite-term labor contracts, and those under definite-term contracts with a duration of at least one month. This applies even if the contract uses a different name, provided the arrangement reflects paid work, wages, and management by one party.
The law also covers agreements with the employer to work not full-time, where the monthly wage is equal to or higher than the minimum wage used as the basis for compulsory social insurance contributions.
Accordingly, if a student works part-time under a fixed-term contract of at least one month, and in that month the salary is equal to or higher than the minimum wage used as the basis for compulsory social insurance contributions, the student falls under BHYT as required by law.
Clause 5, Article 13 of the Health Insurance Law as amended in 2024 provides that when a person belongs to multiple BHYT categories, contributions are made according to the first category determined by the following order:
Therefore, when a student signs an employment contract and is subject to mandatory BHXH, they also fall under mandatory BHYT.
The portal noted that if the supermarket has not deducted BHYT from the student’s salary, the student is responsible for contributing their share to the employer, at a rate of 1.5% of the monthly salary.
Salary payment is not within the authority of the Social Insurance agency.
Under Article 94 of the Labour Code 2019 on wage payment principles, employers are not allowed to use wage payment to coerce employees to perform other obligations not in the contract or illegal.
Wages are the employee’s right for the work performed and must be fully paid when the contract ends.
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