Vietnam: How do public employees who are detained or held in custody pay social insurance premiums and receive salary? Are public employees held in custody or temporary detention exempt from disciplinary responsibility?
- How do public employees in Vietnam who are detained or held in custody receive their salary?
- What salary will public employees in Vietnam who are detained or temporarily held in custody receive a false conclusion?
- How do public employees who are detained or held in custody pay social insurance premiums?
- Are public employees in Vietnam held in custody or temporary detention exempt from disciplinary responsibility?
How do public employees in Vietnam who are detained or held in custody receive their salary?
Pursuant to Clause 1, Article 41 of Decree 112/2020/ND-CP as follows:
Regimes and policies for cases in custody, temporary detention, temporary suspension from work or temporary suspension of positions
Cadres, civil servants and public employees who are in custody, temporary detention, work suspension or temporary suspension of their positions but have not yet been disciplined, shall apply the following regimes:
1. During the time of custody, temporary detention or being released on bail but applying the measure of prohibiting leaving the place of residence, they cannot continue to work in service of investigation, prosecution, trial or temporary suspension. who only work but have not been considered for disciplinary action, they will be entitled to 50% of their current salary, plus the allowance for the leadership position, the allowance for seniority beyond the bracket, the seniority allowance and the salary-reservation differential coefficient (if any).
In case cadres, civil servants and public employees holding leadership or management positions are temporarily suspended from their positions, they are not entitled to the allowance for leading or managerial positions.
According to the above provisions, public employees held in custody or temporary detention will receive the following salary:
- If they have not been considered for disciplinary action, they will be entitled to 50% of their current salary, plus allowances for leadership positions, allowances for overtime, seniority allowances and salary-reservation differential coefficient (if any).
- In case cadres, civil servants and public employees holding leadership or management positions are temporarily suspended from their positions, they are not entitled to allowances for leading or managerial positions.
Vietnam: How do public employees who are detained or held in custody pay social insurance premiums and receive salary? Are public employees held in custody or temporary detention exempt from disciplinary responsibility? (Image from the Internet)
What salary will public employees in Vietnam who are detained or temporarily held in custody receive a false conclusion?
Pursuant to Clause 2, Article 41 of Decree 112/2020/ND-CP as follows:
Regimes and policies for cases in custody, temporary detention, temporary suspension from work or temporary suspension of positions
Cadres, civil servants and public employees who are in custody, temporary detention, work suspension or temporary suspension of their positions but have not yet been disciplined, shall apply the following regimes:
...
2. In case a cadre, civil servant or public employee is not disciplined or is concluded to be unjust or wrong, the remaining 50% shall be repaid as prescribed in Clause 1 of this Article.
Thus, when being concluded unjustly or wrongly, the public employee is temporarily detained or held in custody: in case the public employee is not disciplined or is found to be unjust or wrong, he/she will be entitled to arrears of 50% of the remaining salary. 50% of the current salary, plus the allowance for the leadership position, the seniority allowance beyond the bracket, the seniority allowance and the salary reserve difference coefficient (if any) when detained or detained
How do public employees who are detained or held in custody pay social insurance premiums?
Pursuant to Clause 7, Article 42, the process promulgated together with Decision 595/QD-BHXH in 2017 is as follows:
Management of participants
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7. If an employee is held in temporary detention or temporarily suspended from his/her job for investigation and consideration his/her violations, this employee and his/her employer are allowed to suspend paying social insurance contributions and premiums of unemployment insurance and occupational accident and occupational disease insurance but shall pay health insurance premiums with the monthly premiums of 4.5% of 50% of the monthly salary which he/she is received in accordance with regulations of law. After the period of temporary detention or temporary suspension, if the competent authority finds that there is no violations, the employee and his/her employer shall pay social insurance contributions and premiums of unemployment insurance and occupational accident and occupational disease insurance according to the monthly salary as the basis for paying compulsory social insurance contributions and pay health insurance premium according to the salary retrospectively paid for the period of temporary detention or temporary suspension and are not required to pay interest on unpaid insurance premiums.
Thus, if an employee is held in temporary detention or temporarily suspended from his/her job for investigation and consideration his/her violations, this employee and his/her employer are allowed to suspend paying social insurance contributions and premiums of unemployment insurance and occupational accident and occupational disease insurance but shall pay health insurance premiums with the monthly premiums of 4.5% of 50% of the monthly salary which he/she is received in accordance with regulations of law.
After the period of temporary detention or temporary suspension, if the competent authority finds that there is no violations, the employee and his/her employer shall pay social insurance contributions and premiums of unemployment insurance and occupational accident and occupational disease insurance according to the monthly salary as the basis for paying compulsory social insurance contributions and pay health insurance premium according to the salary retrospectively paid for the period of temporary detention or temporary suspension and are not required to pay interest on unpaid insurance premiums.
If the employee is found guilty by the competent authority, he/she shall not make the payment of social insurance, unemployment insurance, occupational accident and occupational disease insurance and shall not have to pay health insurance premiums for the detention period.
Are public employees in Vietnam held in custody or temporary detention exempt from disciplinary responsibility?
Pursuant to Article 4 of Decree 112/2020/ND-CP as follows:
Cases in which disciplinary responsibility is exempted
1. To be certified by a competent authority on the state of loss of civil act capacity when committing acts of violation.
2. Must abide by decisions of superiors as prescribed in Clause 5, Article 9 of the Law on Cadres and Civil servants.
3. To be certified by a competent authority in an urgent situation, due to a force majeure event or an objective obstacle in accordance with the Civil Code when performing official duties.
4. Cadres, civil servants and public employees who commit violations to the point of being disciplined but have died.
According to the above provisions, cases exempt from disciplinary responsibility include:
- To be certified by a competent authority that the state of loss of civil act capacity is violated when committing acts of violation.
- Must obey the decisions of superiors
- Being certified by a competent authority in an urgent situation, due to a force majeure event or an objective obstacle when performing official duties.
- Public employees who committed violations to the point of being disciplined but passed away.
Thus, public employees held in custody or temporary detention are not exempt from disciplinary responsibility.
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