Are employers in Vietnam responsible for providing information on the payment of social insurance premiums at the request of their employees?
- Can employees in Vietnam receive social insurance allowances through their employers?
- Are employers in Vietnam responsible for providing information on the payment of social insurance premiums at the request of their employees?
- What are the conditions for enjoying sickness benefits applicable to employees in Vietnam?
Can employees in Vietnam receive social insurance allowances through their employers?
Under Article 18 of the Law on Social Insurance 2014 on the rights of employees:
Rights of employees
1. To participate in social insurance and enjoy social insurance benefits in accordance with this Law.
2. To be granted and manage social insurance books.
3. To fully and promptly receive pensions and social insurance allowances in one of the following forms:
a/ Directly from social insurance agencies or service organizations authorized by social insurance agencies;
b/ Via their deposit accounts opened at banks;
c/ Through employers.
4. To enjoy health insurance in the following cases:
a/ Being on pension;
b/ Taking leave on maternity allowance for childbirth or child adoption;
c/ Taking leave on monthly occupational accident or occupational disease allowance;
d/ Being on sickness allowance, for employees who suffer a disease on the Ministry of Health-issued list of diseases requiring long-term treatment.
...
Under the above regulations, employees have the right to receive fully and promptly receive pensions and social insurance allowances in one of the following forms:
- Directly from social insurance agencies or service organizations authorized by social insurance agencies;
- Via their deposit accounts opened at banks;
- Through employers.
Thus, employees in Vietnam may receive social insurance allowances through their employers according to regulations.
Are employers in Vietnam responsible for providing information on the payment of social insurance premiums at the request of their employees?
Under Article 21 of the Law on Social Insurance 2014 on the responsibilities of employers:
Responsibilities of employers
1. To make dossiers for employees to be granted social insurance books, pay social insurance premiums and enjoy social insurance.
2. To pay social insurance premiums under Article 86, and make monthly deductions from employees’ salaries under Clause 1, Article 85, of this Law for simultaneous payment to the social insurance fund.
3. To introduce employees defined at Point a, Clause 1, in Clause 2, Article 45, or in Article 55, of this Law to the Medical Assessment Council for assessment of their working capacity decrease.
4. To coordinate with social insurance agencies in paying social insurance allowances to employees.
5. To coordinate with social insurance agencies in returning social insurance books to and certifying periods of social insurance premium payment for employees who terminate labor contracts or working contracts or cease working in accordance with law.
6. To provide accurate, sufficient and prompt information and documents relating to the payment of social insurance premiums and enjoyment of social insurance at the request of competent state management agencies or social insurance agencies.
7. Every 6 months, to post up information on the payment of social insurance premiums for employees; to provide information on employees’ payment of social insurance premiums at the request of employees or trade union organizations.
8. Annually, to post up information on employees’ payment of social insurance premiums provided by social insurance agencies under Clause 7, Article 23 of this Law.
Under the above regulations, the provision of information on employees' payment of social insurance premiums at the request of employees or trade union organizations is one of the responsibilities of employers.
Thus, employers shall be responsible for providing information on the payment of social insurance premiums at the request of their employees as specified by law.
What are the conditions for enjoying sickness benefits applicable to employees in Vietnam?
Conditions for enjoying sickness benefits are specified in Article 25 of the Law on Social Insurance 2014 as follows:
Conditions for enjoying the sickness benefits
1. Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.
The sickness benefits does not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.
2. Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.
Thus, to enjoy sickness benefits, employees must meet the following conditions:
- Employees who have to take leave due to sickness or accidents other than occupational accidents, with the certification of a competent health establishment under the Ministry of Health’s regulations.
The sickness benefits do not cover employees who take leave due to sickness or accidents as a result of self-infliction, drunkenness or use of narcotics or narcotic precursors on the Government-prescribed list.
- Employees who have to take leave for caring for sick children aged under 7 years, with the certification of a competent health establishment.
Thư Viện Pháp Luật