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Do You Have to Pay Social Insurance During Probation?

By Nguyễn Quốc Trung — Deputy General Director · Updated

"Do you have to pay social insurance during probation?" is the question most often searched whenever a business is about to take on a new hire. The short answer: it depends on where the probation period sits — inside a labour contract, or in a separate probation contract. This is not a matter of discretion; it has been clearly set out in law since mid-2025. This article is written for directors and HR managers: it explains each case decisively, with the legal basis, the figures that apply in 2026, and how to get it right from the start.

Do you have to pay social insurance during probation?

Here is the answer straight away, so you do not have to read around it:

The most decisive basis for 2026 is Clause 5, Article 3 of Decree 158/2025/ND-CP (Nghị định 158/2025/NĐ-CP) (in force from 01/07/2025): "Employees working under a probation contract as provided by labour law are not subject to compulsory social insurance." This is the first time the principle has been expressly written into law; before 01/07/2025 it was only inferred indirectly from the fact that a probation contract is not a labour contract.

Read together with Article 2 of the Social Insurance Law 2024 (Luật Bảo hiểm xã hội 2024 — Luật số 41/2024/QH15): those subject to compulsory social insurance include people working under an indefinite-term labour contract or a fixed-term labour contract of 01 month or more. A probation contract does not fall into this group. But if the employee signs a labour contract of 01 month or more that contains a probation clause inside it, the contribution obligation applies to the entire term of the contract, including the probation days.

Why do some probation cases require contributions and others not?

The crux lies in Article 24 of the Labour Code 2019 (Bộ luật Lao động 2019). The law lets the two parties agree the probation terms in one of two ways:

1. Write the probation terms directly into the labour contract, or
2. Enter into a separate probation contract.

It is this choice that decides the insurance obligation, not the word "probation" itself. Probation inside a labour contract (of 01 month or more) means insurance is paid; a separate probation contract means it is not. The same person, the same job, only a different way of signing the paperwork — and the insurance consequence is already different.

One mandatory note: Clause 3, Article 24 provides that probation does not apply to employees who enter into a labour contract with a term of under 01 month. In other words, for work that is too short, no probation may be set.

How is insurance handled with a separate probation contract?

Throughout the term of a separate probation contract, the employee is not within the scope of compulsory social insurance, so the business incurs no contribution to the fund for this period. When probation is passed, Article 27 of the Labour Code 2019 requires the business to enter into a labour contract; from the moment the labour contract takes effect, the insurance obligation begins.

There is one point with no unified guidance yet, which needs to be said plainly to avoid a wrong assertion: Clause 3, Article 168 of the Labour Code 2019 provides that, for employees who are not within the scope of compulsory social insurance, health insurance and unemployment insurance, the employer must pay an additional amount at the same time as each pay period, equivalent to the amount the business would contribute for the employee. The question is: does a person who signs only a separate probation contract receive this additional payment or not?

This is a matter still under debate, not yet settled. One line of opinion holds that this provision applies to every employee not within the contribution scope, and so includes those on probation. The other holds that a separate probation contract is not a labour contract relationship in the true sense, so it is not certain to fall within the scope of Article 168. Because there is no unified guiding document yet, businesses should agree the point clearly in the probation contract and consult the local labour authority rather than assuming one reading by default.

If probation sits inside the labour contract, how much do you pay?

When probation is a clause in a labour contract of 01 month or more, the contribution rates apply to the entire probation period as follows (figures applicable in 2026):

The wage used as the contribution basis has a floor — the regional minimum wage (Region I 5,310,000 VND/month from 01/01/2026) — and a ceiling of 50,600,000 VND/month (equal to 20 times the reference level of 2,530,000 VND/month applying from 01/07/2026 under Decree 161/2026/ND-CP (Nghị định 161/2026/NĐ-CP)). If the probation wage is below the floor or above the ceiling, the business uses the exact floor/ceiling mark to calculate.

A worked example: Minh An Company hires a QC staff member on a 60-day probation

To see the difference clearly, take a hypothetical case. Minh An Food Company Limited (contributing in Region I) hires a quality control staff member with a college qualification, on a 60-day probation. The wage for the job is 12,000,000 VND/month, and the agreed probation wage at 85% is 10,200,000 VND/month.

Option 1 — Sign a separate 60-day probation contract:
- During the 60 days of probation, the employee is not within the scope of compulsory social insurance.
- The business pays a wage of 10,200,000 VND/month.
- The additional payment under Clause 3, Article 168 (equivalent to the amount the business would contribute): as noted above, there is no unified guidance yet for the separate probation contract case — it needs to be agreed clearly in the contract.

Option 2 — Sign a 12-month labour contract with a 60-day probation clause:
- Insurance must be paid from the very first day, covering both months of probation.
- Assume the wage used as the contribution basis during probation is 10,200,000 VND/month (above the Region I floor of 5,310,000 VND/month and below the ceiling of 50,600,000 VND/month).
- The business pays: 21.5% × 10,200,000 = 2,193,000 VND/month.
- The employee pays: 10.5% × 10,200,000 = 1,071,000 VND/month (deducted from wages).
- The employee's net take-home: 10,200,000 − 1,071,000 = 9,129,000 VND/month.
- Total paid into the fund for the two months of probation: (2,193,000 + 1,071,000) × 2 = 6,528,000 VND.

This figure lets the HR team budget from the moment the contract is drafted, rather than discovering the difference after signing.

How long can probation last, and what is the minimum probation wage?

The two limits below are mandatory rules, independent of the two parties' will.

Maximum probation period (Article 25 of the Labour Code 2019) — probation is allowed only once for one job:

| Type of work | Maximum probation period |
|---|---|
| Enterprise managers (under the Enterprise Law and the Law on Management and Use of State Capital) | 180 days |
| Requires professional or technical qualifications of college level or above | 60 days |
| Requires intermediate-level qualifications, technical workers, or professional staff | 30 days |
| Other work | 06 working days |

Minimum probation wage (Article 26 of the Labour Code 2019): at least 85% of the wage for the job taken on, and at the same time not lower than the regional minimum wage. The regional minimum wage from 01/01/2026 (Decree 293/2025/ND-CP (Nghị định 293/2025/NĐ-CP)): Region I 5,310,000 VND/month · Region II 4,730,000 VND/month · Region III 4,140,000 VND/month · Region IV 3,700,000 VND/month.

What are the legal risks of extending probation beyond the limit?

This is the part to face squarely. When a business extends, or repeats, probation beyond the period the law allows in order to avoid paying insurance, the relationship between the two parties is in fact already an employment relationship, even though the paperwork still says probation.

When a labour inspector or the social insurance agency re-determines that relationship to be a labour contract, the consequence applies under Article 39 of Decree 12/2022/ND-CP (Nghị định 12/2022/NĐ-CP) on compulsory social insurance: the business is dealt with for late payment or evasion of payment, required to pay the full arrears of the shortfall and additionally pay an amount equal to 0.03%/day calculated on the amount of late or evaded payment and the number of days late or evaded (Article 40 and Article 41 of the Social Insurance Law 2024). In other words, the "unpaid" amount does not disappear but comes back in full, plus the day-based payment and the fine. In cash-flow terms, doing it right from the start is always tidier than dealing with the aftermath.

Penalties for getting probation and insurance rules wrong

Two groups of sanctions must be distinguished. Important note: the levels below are stated for an individual; an organisation (business) is fined double under Clause 1, Article 6 of Decree 12/2022/ND-CP.

Group 1 — Breaches of the probation rules (Article 10 of Decree 12/2022/ND-CP):
- 500,000 – 1,000,000 VND (individual) for requiring probation of a person on a labour contract of under 01 month, or for not notifying the probation result. Organisation: 1,000,000 – 2,000,000 VND.
- 2,000,000 – 5,000,000 VND (individual) for: probation more than once for one job; probation beyond the period prescribed; paying a probation wage lower than 85%; failing to enter into a labour contract when probation is passed (in the case of a separate probation contract). Organisation: 4,000,000 – 10,000,000 VND. Together with the remedial measure of paying the employee the full wage shortfall.

Group 2 — Breaches of compulsory social insurance contribution (Article 39 of Decree 12/2022/ND-CP):
- Late payment: a fine of 12% – 15% of the total amount payable.
- Agreeing not to contribute for all employees: 18% – 20%.
- Evasion of payment not reaching the threshold for criminal prosecution: 50,000,000 – 75,000,000 VND (individual), organisation double (a maximum of around 150 million VND).
- Together with the requirement to pay the full arrears and pay an amount equal to 0.03%/day calculated on the amount and the number of days of late or evaded payment under Article 40 and Article 41 of the Social Insurance Law 2024.

How should a business handle this correctly and cleanly?

Instead of worrying case by case, the HR team can follow this sequence:

1. Choose the contract structure deliberately. Decide from the outset whether to write probation into the labour contract or to sign a separate probation contract, because this choice also decides the insurance obligation. Set it out clearly in the recruitment process so every position is handled consistently.
2. Set the probation period within the correct limit. Match the job against the 180 / 60 / 30 / 06 days table and remember the principle of only one probation per job.
3. Ensure the probation wage ≥ 85% of the job wage and not below the regional minimum wage.
4. Notify the probation result on time and sign the labour contract as soon as it is passed (Article 27), so the insurance obligation begins at the right moment.
5. Budget for the insurance contribution from day one if probation sits inside the labour contract, putting the 21.5% employer share into the payroll from the very first probation month.
6. For businesses with many seasonal positions or high staff turnover, consider using an outsourced payroll service or a compliant labour-use model so that contract and insurance compliance is standardised and manual errors are reduced.

Frequently asked questions

1. Do you have to pay social insurance for a 01-month probation? It depends on the type of contract. If it is a separate probation contract, no contribution is due. If it is a labour contract of 01 month or more with a probation clause, contributions are due from the first day, including the probation month.

2. If one party ends the arrangement during probation, is notice or compensation required? No. Under Article 27 of the Labour Code 2019, during probation each party has the right to cancel the probation contract or the labour contract already entered into without notice and without compensation.

3. Can the probation wage be lower than the regional minimum wage? No. The probation wage must reach at least 85% of the wage for the job and at the same time be not lower than the regional minimum wage (Region I 5,310,000 VND/month from 01/01/2026). Paying below 85% can draw a fine of 4,000,000 – 10,000,000 VND for a business.

4. If probation is written into the labour contract, from which day is insurance paid? From the day the labour contract takes effect, that is, from the first day of work. The whole probation period falls within the contract term, so the contribution obligation arises throughout.

5. Do foreign employees on probation pay social insurance? The same principle as for Vietnamese workers. A separate probation contract means no contribution; probation inside a qualifying labour contract means contributions are due, at the rate of 22.5% for the business (comprising 20.5% insurance and 2% trade union funding) / 9.5% for the employee (foreign employees do not pay unemployment insurance).

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Choosing the right probation contract structure from the recruitment stage lets a business both comply with the law and budget its staffing costs accurately. If you want to standardise the entire contract and insurance process, look at the [labour compliance](/hop-thuc-hoa-lao-dong/) service and the [labour cost calculator](/tinh-chi-phi-lao-dong/) tool to get concrete figures for each position.

Need advice for your own headcount?
Call +84 908 636 108 or see labour compliance, payroll outsourcing, EOR Vietnam.

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