The law on Social insurance issued by the National Assembly on November 20, 2014, take effects on January 1, 2016. Social insurance for employees are concerns of employers, especially, enterprises. Performing this obligation legally is not only enterprises’ duties but also protecting employees’ rights. Below are a general view of social insurance main regulations:
According to clause 2 Article 3 of the Law on Social insurance 2014, employees and employers must participate in compulsory social insurance. Detailed entities are regulated in Article 2:
- Vietnamese citizens:
- People working under indefinite term labor contracts, definite term labor contracts, seasonal labor contracts or contracts for certain jobs with a term of full 03 months to under 12 months; including labor contracts signed by the employers and the legal representative of employees under 15 years old;
- People working under labor contracts with a term of full 01 month to under 03 months;
- People working overseas according to labor contracts;
- Managers which gain salary of enterprises.
- People working in Vietnam with work permits, practice certificates or practice licenses issued by competent agencies in Vietnam.
- Enterprises, cooperatives, individual business households, cooperative groups and other organizations and individuals hiring or employing employees with labor contracts;
- Foreign agencies, foreign organizations and international organizations in Vietnam.
According to the Law on Social insurance 2014, Decree No.115/2015/NĐ-CP providing detailed regulations of the Law on Social insurance 2014 and Circular No.59/2015/TT-BLDTBXH, compulsory social insurance includes:
- Sickness regime;
- Maternity regime;
- Labor accidents regime;
- Occupation disease regime;
- Retirement regime;
- Death regime.
Social insurance books are the basis for monitoring the payment and enjoyment of social insurance regimes.
A registration dossier for first-time participation in social insurance includes:
- A declaration form of employer for participation in social insurance and a list of employees participating in social insurance;
- A declaration form of each employee.
A dossier for re-grant of a lost or damaged social insurance book includes:
- An application for re-grant of social insurance book of employee;
- The social insurance book, in case it is damaged.
A dossier for information adjustment includes:
- A declaration form for adjustment of personal information;
- The social insurance book;
- Copies of papers related to adjusted information issued by state-authorized agencies.
Dossiers shall be submitted to social insurance agencies. If labor contracts are signed, within 30 days from the signing day, employers shall submit the dossier.
If social insurance agencies agree to issue social insurance books:
- Within 20 days from the day on which a dossier for first-time participation is submitted;
- Within 15 days from the day on which a dossier for re-grant is submitted. If the verification is complicated, duration is no longer than 45 days;
- Within 10 days from the day on which a dossier for adjustment of information is submitted.
If social insurance agencies refuse to issue social insurance books, a written refusal shall be made providing explanation.
Social insurances services at ICTLAW:
- Consult about legal regulations and procedures for social insurance for employees and employers;
- Consult about dossiers and documents related to social insurance;
- Represent for clients to prepare and submit dossiers at state-authorized agencies;
- Consult about relevant law.