How long is the suspension from payment to the retirement and survivorship allowance fund in Vietnam?
- How long is the suspension from payment to the retirement and survivorship allowance fund in Vietnam?
- What are the retirement benefits and survivorship allowance benefits for employees who pay both compulsory social insurance and voluntary social insurance premiums in Vietnam?
- What are the levels of payment to the retirement and survivorship allowance fund in Vietnam?
How long is the suspension from payment to the retirement and survivorship allowance fund in Vietnam?
Article 88 of the Law on Social Insurance 2014 stipulates the suspension from payment of compulsory social insurance premiums, specifically as follows:
Suspension from payment of compulsory social insurance premiums
1. Suspension from payment to the retirement and survivorship allowance fund is specified as follows:
a/ In case employers meet with difficulties and have to suspend their production or business activities, making them and their employees unable to pay social insurance premiums, the payment to the retirement and survivorship allowance fund may be suspended for 12 months at most;
b/ Upon the expiration of the time limit for payment suspension specified at Point a of this Clause, employers and employees shall continue paying social insurance premiums and make supplementary payment for the suspension period. The supplementary amount paid for the suspension period is not subject to late- payment interest under Clause 3, Article 122 of this Law.
2. For employees covered by compulsory social insurance premiums who are put in temporary detention, they and their employers may suspend payment of social insurance premiums. In case competent agencies conclude that employees suffer a miscarriage of justice, supplementary payment shall be made for the detention period. The supplementary amount paid for the suspension period is not subject to late-payment interest under Clause 3, Article 122 of this Law.
3. The Government shall detail this Article and specify other cases of suspension from payment of compulsory social insurance premiums.
Thus, according to the above regulations, the period of temporary suspension of social insurance payments for the pension and death fund will be applied from the month the enterprise makes a written request and submits complete documents to the insurance agency.
In case employers meet with difficulties and have to suspend their production or business activities, making them and their employees unable to pay social insurance premiums, the payment to the retirement and survivorship allowance fund may be suspended for 12 months at most;
Note: Upon the expiration of the time limit for payment suspension specified at Point a of this Clause, employers and employees shall continue paying social insurance premiums and make supplementary payment for the suspension period. The supplementary amount paid for the suspension period is not subject to late- payment interest under Clause 3, Article 122 of the Law on Social Insurance 2014.
How long is the suspension from payment to the retirement and survivorship allowance fund in Vietnam?
What are the retirement benefits and survivorship allowance benefits for employees who pay both compulsory social insurance and voluntary social insurance premiums in Vietnam?
Pursuant to Article 71 of the Law on Social Insurance 2014 promulgated the retirement benefits and survivorship allowance benefits for employees who pay both compulsory social insurance and voluntary social insurance premiums are specified as follows:
- For employees who have paid compulsory social insurance premiums for at least full 20 years, the conditions for enjoyment and levels of pension must comply with the policy on compulsory social insurance; the lowest monthly pension must equal the statutory pay rate, except the subjects defined at Point i, Clause 1, Article 2 of this Law;
- For employees who have paid compulsory social insurance premiums for at least full 15 years, the monthly survivorship allowance must comply with the policy on compulsory social insurance;
- For employees who have paid compulsory social insurance premiums for at least full 12 months, the funeral allowance must comply with the policy on compulsory social insurance.
What are the levels of payment to the retirement and survivorship allowance fund in Vietnam?
According to the provisions of Article 86 of the Law on Social Insurance 2014, some regulations on insurance for labor accidents and occupational diseases at this point are invalidated by Clause 2, Article 92 of the Law on Occupational Safety and Hygiene 2015, which regulates levels and methods of payment by employers are as follows:
Levels and methods of payment by employers
1. Employers shall make monthly payments calculated based on the salary funds on which social insurance premiums are based for employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this Law as follows:
a/ 3% to the sickness and maternity fund;
c/ 14% to the retirement and survivorship allowance fund.
2. Employers shall make monthly payments calculated based on the statutory pay rate for each employee defined at Point e, Clause 1, Article 2 of this Law as follows:
b/ 22% to the retirement and survivorship allowance fund.
3. Employers shall monthly pay an amount equal to 14% of the statutory pay rate to the retirement and survivorship allowance fund for employees defined at Point i, Clause 1, Article 2 of this Law.
4. Employers are not required to pay social insurance premiums for employees defined in Clause 3, Article 85 of this Law.
5. Employers being enterprises, cooperatives, household business households or cooperative groups engaged in agriculture, forestry, fishery or salt making that pay product-based or piecework-based salaries shall make monthly payments at the levels specified in Clause 1 of this Article; the payment may be made every month, every 3 months or every 6 months.
6. The Minister of Labor, War Invalids and Social Affairs shall detail Clause 5, Article 85, and Clause 5, Article 86, of this Law.
Thus, according to the above regulations, the employer's contribution to the retirement and death fund for the employee includes:
- 14% to the retirement and survivorship allowance fund is paid on the employee's social insurance salary fund for subjects at Points a, b, c, d, dd and h, Clause 1, Article 2 of the Law on Social Insurance 2014.
- 22% to the retirement and survivorship allowance fund based on the base salary for each employee for subjects at Point e, Clause 1, Article 2 of the Law on Social Insurance 2014.
- 14% of the statutory pay rate to the retirement and survivorship allowance fund for employees defined at Point i, Clause 1, Article 2 of the Law on Social Insurance 2014.
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