What are the procedures of complaints about social insurance when employers fail to timely submit applications to receive maternity benefits for employees in Vietnam?
- Which agency should employees contact to receive maternity benefits in Vietnam?
- What are the procedures of complaints about social insurance when employers fail to timely submit applications to receive maternity benefits for employees in Vietnam?
- What are the penalties imposed upon employers failling to timely submit applications to receive maternity benefits for employees in Vietnam?
Which agency should employees contact to receive maternity benefits in Vietnam?
According to the provisions of Article 102 of the Law on Social Insurance 2014, regulations on settlement of the sickness and maternity benefits.
Settlement of the sickness and maternity benefits
1. Within 45 days after return to work, an employee shall submit the dossier specified in Clause 1 or 2, Article 100, or Clause 1, 2, 3 or 4, Article 101, of this Law to his/her employer.
An employee who ceases working before the time of childbirth or child adoption shall submit the dossier specified in Clause 1 or 3, Article 101 of this Law and produce his/her social insurance book to the social insurance agency.
2. Within 10 days after receiving a complete dossier from an employee, the employer shall make a dossier as specified in Article 100 or 101 of this Law and submit it to the social insurance agency.
3. Responsibilities of the social insurance agency:
a/ To settle the social insurance benefits and make payment to the employee within 10 days after receiving a complete and valid dossier from an employer;
b/ To settle the social insurance benefits and make payment to the employee within 5 working days after receiving a complete and valid dossier from an employee who ceases working before the time of childbirth or child adoption.
4. If refusing to settle the social insurance benefits, the social insurance agency shall issue a written reply clearly stating the reason.
Thus, according to the above regulations, employees need to contact the social insurance agency to receive maternity pay and the social insurance agency is responsible for paying maternity benefits to the employees.
What are the procedures of complaints about social insurance when employers fail to timely submit applications to receive maternity benefits for employees in Vietnam?
What are the procedures of complaints about social insurance when employers fail to timely submit applications to receive maternity benefits for employees in Vietnam?
According to the provisions of Clause 1, Article 118 of the Law on Social Insurance 2014, employees, persons on pension or monthly social insurance allowance, persons having their period of social insurance premium payment reserved and other persons may request competent agencies, organizations or persons to review the latter’s decisions or acts when they have grounds to believe that such decisions or acts violate the law on social insurance and infringe their lawful rights and interests.
The order of settlement of complaints about social insurance is carried out according to Article 119 of the Law on Social Insurance 2014 as follows:
- Complaints about social insurance-related administrative decisions or acts shall be settled in accordance with the law on complaints.
- For complaints about social insurance-related decisions or acts not specified in Clause 1 of this Article, complainants may choose either of the following:
+ Lodging first-time complaints with the agencies or persons that have issued these decisions or committed these acts; in case these agencies or persons no longer exist, district-level state management agencies in charge of labor shall settle the complaint;
+ Initiating lawsuits at a court in accordance with law.
- In case complainants defined at Point a, Clause 2 of Article 119 of the Law on Social Insurance 2014 disagree with the first-time complaint settlement decisions, or when the prescribed time limit expires but the complaints have not yet been settled, they may initiate lawsuits at a court or lodge complaints with provincial-level state management agencies in charge of labor.
In case complainants disagree with the complaint settlement decisions of provincial-level state management agencies in charge of labor, or when the prescribed time limit expires but the complaints have not yet been settled, the complainants may initiate lawsuits at a court.
- The statute of limitations for lodging complaints and the time limit for settling complaints must comply with the law on complaints.
Above is the order of settlement of complaints about social insurance when an enterprise fails to prepare a request for timely settlement of maternity benefits for employees.
What are the penalties imposed upon employers failling to timely submit applications to receive maternity benefits for employees in Vietnam?
According to the provisions of Clause 2, Article 102 of the Law on Social Insurance 2014, Within 10 days after receiving a complete dossier from an employee, the employer shall make a dossier as specified in Article 100 or 101 of Law on Social Insurance 2014 and submit it to the social insurance agency.
If there is delay, the enterprise will be fined as prescribed in Point b, Clause 4, Article 41 of Decree 12/2022/ND-CP.
Violations against other regulations on social insurance and unemployment insurance
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4. A fine ranging from VND 2.000.000 to VND 4.000.000 per employee but not exceeding VND 75.000.000 shall be imposed upon an employer for commission of one of the following violations:
a) Failing to prepare and submit application for participation in compulsory social insurance for employees within 30 days from the date of conclusion of the labour, employment or recruitment contract; failing to prepare and submit application for participation in unemployment insurance for employees within 30 days after the labour or employment contract becomes effective;
b) Failing to compile the list of employees or failing to prepare applications or failing to submit applications within the prescribed time limits as specified in Clause 2 Article 102, Clause 1 Article 103, Clause 1 Article 110, Clause 2 Article 112 of the Law on Social Insurance, or Clause 1 Article 59, Clause 1 Article 60 of the Law on occupational safety and health;
c) Failing to recommend the employees prescribed in Article 47 of the Law on occupational safety and health and Article 55 of the Law on Social Insurance to receive medical assessment of their work capacity reduction from authorized medical assessment councils;
d) Failing to return social insurance books to their employees according to the provisions of Clause 5 Article 21 of the Law on Social Insurance.
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* Note: The penalty level at Point b, Clause 4, Article 41 of Decree 12/2022/ND-CP is for individuals, the penalty level for organizations is double the penalty level for individuals.
Thus, according to the above regulations, in case of failure to submit documents on time, the enterprise will be subject to a fine of from 4,000,000 to 8,000,000 VND for each employee but not exceeding 150,000,000 VND.
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