How much are the health insurance premiums for employees working under indefinite-term employment contracts in Vietnam?
- If the employers in Vietnam fail to pay the health insurance premiums on time, will the employers have to pay interest calculated according to the unpaid premiums and time?
- How much are the health insurance premiums for employees working under indefinite-term employment contracts in Vietnam?
- How to settle health insurance disputes in Vietnam?
If the employers in Vietnam fail to pay the health insurance premiums on time, will the employers have to pay interest calculated according to the unpaid premiums and time?
In Article 49 of the Law on Health Insurance 2008, as amended by Clause 28, Article 1 of the Law on amendments to the Law on Health insurance in 2014, the employer who fail to pay health insurance premiums for employees as follows:
Handling of violations
1. Any person who violates the regulations of this Law or relevant law regulations on health insurance shall be disciplined, penalized for administrative violations or liable to criminal prosecution according to nature and severity of the violations. In case of any damage, compensation must be offered under the regulations of the law.
2. Any organization and association that violates the regulations of this Law or relevant law regulations on health insurance shall be penalized for administrative violations. In case of any damage, a compensation must be offered under the regulations of the law.
3. The employers in charge of paying health insurance that fail to discharge their duties shall be penalized as follows:
a) The employers must pay the unpaid premiums and the interest as twice as the inter-bank interest rate calculated according to the unpaid premiums and time; if they do not follow the regulations, the State Treasuries shall deduct the money from the deposit account of the employers to transfer the unpaid premiums and their interest to the account of the health insurance fund according to the request of other competent persons, banks or credit institutions.
b) The employers must pay all the expenditures for the employees within their scope of benefits, benefit levels that the employees pay during the time they are not provided with the health insurance cards.
Thus, if the employer who fail to pay health insurance premiums, he must:
- Must pay the outstanding amount and pay an interest equal to twice the interbank interest rate calculated on the amount and time of late payment;
- Must refund all expenses to the employee within the scope of health insurance benefits and benefits that the employee has paid while not having a health insurance card.
How much are the health insurance premiums for employees working under indefinite-term employment contracts in Vietnam? (Image from the Internet)
How much are the health insurance premiums for employees working under indefinite-term employment contracts in Vietnam?
At Point a, Clause 1, Article 13 of the Law on Health Insurance 2008, amended by Clause 7, Article 1 of the Law on amendments to the Law on Health insurance in 2014, there are regulations on health insurance premiums for employees working under employment contracts as follows:
Health insurance rates and responsibilities to pay health insurance premiums
1. Health insurance rates and responsibilities to pay health insurance are prescribed as follows:
a) The monthly premiums of the insured prescribed in point a Clause 1 Article 12 of this Law must not exceed 6% of the monthly salaries, two thirds of which is paid by the employers and the remaining one third is paid by the employees. During the time the employees are entitled to maternity leave due to maternity benefits under the regulations of law on health insurance, the maximum premiums equal to 6% of their monthly salaries before the maternity leave shall be paid by the health insurance organizations.
b) The monthly premiums of the insured prescribed in point b Clause 1 Article 12 of this Law must not exceed 6% of the base salaries, two thirds of which is paid by the employers and the remaining one third is paid by the employees;
c) The monthly premiums of the insured prescribed in point a Clause 2 Article 12 of this Law must not exceed 6% of the retirement pensions, compensation for loss of capacity for work and such premiums shall be paid by the health insurance organizations;
d) The monthly premiums of the insured prescribed in point b and point c Clause 2 Article 12 of this Law must not exceed 6% of the base salaries and such premiums shall be paid by the health insurance organizations;
dd) The monthly premiums of the insured prescribed in point d Clause 2 Article 12 of this Law must not exceed 6% of the unemployment benefits and such premiums shall be paid by the health insurance organizations;
e) The monthly premiums of the insured prescribed in point a Clause 3 Article 12 of this Law must not exceed 6% of the monthly salaries with regard to the salaried persons and of the base salaries with regard to persons receiving welfare and such premiums shall be paid by the State budget;
g) The monthly premiums of the insured prescribed in points b, c, d, dd, e, g, h, I, k, l, and m Clause 3 Article 12 of this Law must not exceed 6% of the base salaries and such premiums shall be paid by the State budget;
h) The monthly premiums of the insured prescribed in point n Clause 3 Article 12 of this Law must not exceed 6% of the base salaries and such premiums shall be paid by the scholarship providers;
i) The monthly premiums of the insured prescribed in Clause 4 Article 12 of this Law must not exceed 6% of the base salaries and such premiums shall be paid by the insured, part of them shall be paid by the State budget;
k) The monthly premiums of the insured prescribed in Clause 5 Article 12 of this Law must not exceed 6% of the base salaries and such premiums shall be paid by households;
...
Thus, an employee working under an indefinite-term employment contract has a maximum monthly social insurance payment equal to 6% of the monthly salary, of which the employer pays 2/3 and the employee pays 1/3.
During the time the employee takes leave to enjoy maternity benefits according to the provisions of the law on social insurance, the maximum monthly payment is equal to 6% of the employee's monthly salary before maternity leave and is paid by the health insurance organizations.
How to settle health insurance disputes in Vietnam?
In Article 48 of the Law on Health Insurance 2008, there are provisions on health insurance disputes as follows:
Health insurance disputes
1. Health insurance disputes are disputes related to health insurance rights, duties and liabilities of the following:
a/ The insured defined in Article 12 of this Law and their representatives;
b/ Health insurance premium-paying organizations and individuals defined in Clause 1, Article 13 of this Law;
c/ Health insurance institutions;
d/ Health insurance-covered medical care providers.
2. Health insurance disputes shall be settled as follows:
a/ The disputing parties shall reconcile their dispute;
b/ In case of unsuccessful reconciliation, the disputing parties may initiate a lawsuit at a court in accordance with law.
Thus, health insurance disputes shall be settled as follows:
- The disputing parties shall reconcile their dispute;
- In case of unsuccessful reconciliation, the disputing parties may initiate a lawsuit at a court in accordance with law.
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