Regulations on the rights of employees when participating in social insurance in Vietnam? Is the employer required to pay social insurance premiums for the employee?
What are the rights of employees when participating in social insurance?
According to the provisions of Article 18 of the 2014 Law on Social Insurance in Vietnam on the rights of employees when participating in social insurance as follows:
- To participate in social insurance and enjoy social insurance benefits in accordance with this Law.
- To be granted and manage social insurance books.
- To 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.
- To enjoy health insurance in the following cases:
+ Being on pension;
+ Taking leave on maternity allowance for childbirth or child adoption;
+ Taking leave on monthly occupational accident or occupational disease allowance;
+ Being on sickness allowance, for employees who suffer a disease on the Ministry of Health-issued list of diseases requiring long-term treatment.
- To take medical assessment of their working capacity decrease, if they fall in the case specified at Point b, Clause 1, Article 45 of this Law and have their period of social insurance premium payment reserved; not to pay medical assessment costs if they are eligible for social insurance.
- To authorize others to receive pensions or social insurance allowances.
- Every 6 months, to be provided by employers with information on the payment of social insurance premiums; every year, to have the payment of social insurance premiums certified by social insurance agencies; to request employers and social insurance agencies to provide information on the payment of social insurance premiums and enjoyment of social insurance.
- To lodge complaints or denunciations or initiate lawsuits about social insurance in accordance with law.
Regulations on the rights of employees when participating in social insurance in Vietnam? Is the employer required to pay social insurance premiums for the employee?
What are the responsibilities of employees when participating in social insurance?
According to the provisions of Article 19 of the 2014 Law on Social Insurance in Vietnam, the responsibilities of employees when participating in social insurance are as follows:
- To pay social insurance premiums in accordance with this Law.
- To comply with regulations on making of social insurance dossiers.
- To preserve social insurance books.
Is the employer required to pay social insurance premiums for the employee?
Pursuant to Article 21 of the 2014 Law on Social Insurance in Vietnam on responsibilities of employers as follows:
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.
Thus, the employer is required 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.
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