WHAT ARE THE PENALTIES FOR HOUSEHOLD EMPLOYERS WHO FAIL TO PAY SOCIAL INSURANCE AND HEALTH INSURANCE CONTRIBUTIONS FOR DOMESTIC WORKERS?

I. Legal basis

  • Decree No. 283/2026/NĐ-CP
  • Labor Code 2019
  • Decree No. 145/2020/NĐ-CP
  • Law on Social Insurance 2024

II. What are the penalties for household employers who fail to pay social insurance and health insurance contributions to domestic workers? 

Pursuant to Clause 3, Article 28 of Decree No. 283/2026/NĐ-CP, an employer shall be subject to a fine of VND 10 million to VND 15 million for any of the following violations:

  • Withholding the personal identification documents of a domestic worker;
  • Failing to pay the domestic worker the social insurance and health insurance amounts as prescribed by law so that the worker can proactively participate in social insurance and health insurance schemes.

Notably, in addition to being subject to administrative penalties, the household employer must also take remedial measures by paying the domestic worker the full amount of social insurance and health insurance contributions.

Accordingly, in the event of a violation, the household employer will face two concurrent legal consequences:

  • A fine of VND 10 million to VND 15 million;
  • An obligation to fully pay the outstanding social insurance and health insurance amounts to the domestic worker.

WHAT ARE THE PENALTIES FOR HOUSEHOLD EMPLOYERS WHO FAIL TO PAY SOCIAL INSURANCE AND HEALTH INSURANCE CONTRIBUTIONS FOR DOMESTIC WORKERS?

III. Are domestic workers subject to compulsory social insurance contributions? 

Although the 2024 Law on Social Insurance generally provides that employees working under employment contracts of at least 01 month are subject to compulsory social insurance, Point b, Clause 7, Article 2 of the 2024 Law on Social Insurance specifically provides that domestic workers are excluded from compulsory social insurance coverage.

Therefore, household employers should note the following in respect of domestic workers:

  • First, household employers are not required to register domestic workers for compulsory social insurance in the same manner as ordinary employees, as domestic workers are excluded by law from the group of persons subject to compulsory social insurance.
  • Second, the fact that domestic workers are not subject to compulsory social insurance does not mean that household employers are exempt from obligations relating to social insurance and health insurance for these workers. Under the Labor Code and Decree No. 145/2020/NĐ-CP, employers are still required to pay the corresponding insurance amount to domestic workers together with their wages so that the workers can proactively participate in insurance schemes.

IV. What contents must be included in an employment contract for domestic workers?

Pursuant to Article 21 of the 2019 Labor Code, an employment contract for domestic workers shall include the following contents:

  • The name and address of the employer, and the full name and title of the person entering into the employment contract on behalf of the employer;
  • The full name, date of birth, sex, place of residence, and Citizen Identity Card, Identity Card, or passport number of the person entering into the employment contract on behalf of the employee;
  • The job and workplace;
  • The term of the employment contract;
  • The salary according to the job or position, method of salary payment, salary payment period, salary allowances, and other additional payments;
  • Salary grade and salary increase arrangements;
  • Working hours and rest periods;
  • Provision of occupational safety equipment to the employee;
  • Social insurance, health insurance, and unemployment insurance;
  • Training, retraining, and improvement of professional qualifications and occupational skills.

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