Are employees who cease working without a lump-sum social insurance allowance entitled to have their period of social insurance premium payment reserved in Vietnam?

Are employees who cease working without a lump-sum social insurance allowance entitled to have their period of social insurance premium payment reserved in Vietnam?

Pursuant to Article 61 of the Law on Social Insurance in 2014 stipulating reservation of period of social insurance premium payment as follows:

Reservation of period of social insurance premium payment

Employees who cease working without being eligible for pension specified in Article 54 or 55 of this Law or without receiving a lump-sum social insurance allowance provided in Article 60 of this Law are entitled to have their period of social insurance premium payment reserved.

As regulations above, employees who cease working without a lump-sum social insurance allowance are entitled to have their period of social insurance premium payment reserved in Vietnam.

What are conditions for suspension of payment of compulsory social insurance in Vietnam?

Pursuant to Clause 2 Article 16 of the Decree 115/2015/NĐ-CP stipulating conditions for suspension of payment of compulsory social insurance in Vietnam as follows:

Suspension from payment of compulsory social insurance prescribed in the Law on Social insurance is specified as follows:

1. The cases of suspension of payment to the fund of retirement and survivorship:

a) Suspend business operation in 1 month or longer because the employers meet with difficulties due to their structural or technical changes, or economic crisis or recession, or economic restructuring according to state policies or international commitments.

b) The employers meet with difficulties due to natural disasters, conflagration, epidemic diseases, or bad harvest.

2. Conditions for suspension of payment to the fund of retirement and survivorship:

Each employer, under any of the cases prescribed in Clause 1 of this Article and satisfying any of the following conditions, shall be entitled to suspend payment to the fund of retirement and survivorship:

a) Failing to provide works for employees, in which there are 50% or more of total employees determined before the business suspension that are subject to social insurance;

b) Suffering damage of 50% of total assets' value due to natural disasters, conflagration, epidemic diseases, or bad harvest (excluding land value).

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As regulations above, conditions for suspension of payment of compulsory social insurance in Vietnam are:

- The cases of suspension of payment to the fund of retirement and survivorship:

+ Suspend business operation in 1 month or longer because the employers meet with difficulties due to their structural or technical changes, or economic crisis or recession, or economic restructuring according to state policies or international commitments.

+ The employers meet with difficulties due to natural disasters, conflagration, epidemic diseases, or bad harvest.

- Failing to provide works for employees, in which there are 50% or more of total employees determined before the business suspension that are subject to social insurance;

- Suffering damage of 50% of total assets' value due to natural disasters, conflagration, epidemic diseases, or bad harvest (excluding land value).

What are procedures for suspension from social insurance payment applied to an employee on compulsory social insurance that is put in temporary detention in Vietnam?

Pursuant to Clause 5 Article 16 of the Decree 115/2015/NĐ-CP stipulating procedures for suspension from social insurance payment applied to an employee on compulsory social insurance that is put in temporary detention in Vietnam as follows:

Step 1: If an employee prescribed in Clause 1 Article 2 of the Decree 115/2015/NĐ-CP who is put in temporary detention, the employee and his/her employer shall be entitled to suspend social insurance payment;

Step 2: After the expiration of the temporary detention period, if the competent agency concludes that the employee suffers a miscarriage of justice; supplementary payment shall be made for the detention period.

In case the employee is an official, a civil servant, a public employee, a national defense worker, a public security worker or a person doing other jobs in a cipher organization, the employee and his/her employer must pay supplementary social insurance.

In other case, the supplementary payment shall be made by an authority responsible for compensation prescribed in the Law on State compensation liability through the employer;

The supplementary amount paid for the suspension period shall not be charged late-payment interest under Clause 3 Article 122 of the Law on Social insurance in 2014;

In case the competent authority finds the employee guilty, it is not required to make supplementary payment of social insurance for the temporary detention period.

Best regards!