On June 29, 2024, the National Assembly passed the 2024 Social Insurance Law, replacing the 2014 Social Insurance Law. Subsequently, on June 25, 2025, the Government issued Decree No. 159/2025/ND-CP (“Decree 159”), detailing and guiding the implementation of certain provisions of the 2024 Social Insurance Law on voluntary social insurance, thereby replacing Decree No. 134/2015/ND-CP dated December 29, 2015 (“Decree 134”). Key highlights of the 2024 Social Insurance Law and Decree 159 include the following:
1. Clarification of eligible participants in voluntary social insurance
In principle, the 2024 Social Insurance Law continues to define participants in voluntary social insurance as those who are not subject to compulsory social insurance.
However, the 2024 Social Insurance Law and Decree 159 further clarify and expand the groups eligible for voluntary social insurance participation, including:
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Officials, public employees, civil servants, and employees working under indefinite-term or fixed-term labor contracts of at least one month who are temporarily suspending the performance of their labor or service contracts.
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Individuals currently receiving pensions, social insurance allowances, or monthly allowances who are not required to participate in compulsory social insurance.
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Vietnamese citizens aged 15 and above who are neither subject to compulsory social insurance nor included in the aforementioned categories.
2. Expansion of benefits for voluntary social insurance participants
The 2014 Social Insurance Law provided only two benefit regimes for voluntary social insurance participants: retirement and survivorship benefits.
In contrast, the 2024 Social Insurance Law adds two additional benefit regimes: maternity allowance and occupational accident insurance.
This expansion enhances the scope of protection and rights for participants and increases the attractiveness of voluntary social insurance policies.
3. Increased state support for voluntary social insurance contributions
Compared to Decree 134, Decree 159 significantly raises the level of state subsidies for voluntary social insurance contributions for eligible groups, as follows:
| Participant Group | State Subsidy under Decree 134 | State Subsidy under Decree 159 |
|---|---|---|
| Poor households; residents of island communes and special zones | 50% | 30% |
| Near-poor households | 40% | 25% |
| Ethnic minorities | 30% | No longer specified |
| Other participants | 20% | 10% |
However, if a participant requests a one-time social insurance payment, they must refund the state subsidies previously provided. The amount to be refunded is equal to the total state subsidy received for voluntary social insurance contributions.
4. Introduction of partial refund of voluntary social insurance contributions
Under Decree 159, participants who have paid voluntary social insurance contributions in installments (e.g., 3, 6, or 12 months) or as a lump sum for multiple future years may receive a partial refund of their contributions in the following cases:
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Becoming subject to compulsory social insurance;
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Receiving a one-time social insurance payment;
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Death or being declared deceased by the Court;
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Becoming eligible for and requesting pension benefits.
The refunded amount will correspond to the portion of contributions for the remaining period of the pre-paid installment plan and will not include any state subsidies previously granted.
This provision reflects a humane approach and safeguards the rights of voluntary social insurance participants.
The 2024 Social Insurance Law and Decree 159 will take effect on July 1, 2025.
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