Enterprises in Vietnam must pay social insurance premiums for elderly employees if they are not eligible for pension yet
Enterprises in Vietnam must pay social insurance premiums for elderly employees if they are not eligible for pension yet
Question: Are enterprises in Vietnam required to pay social insurance premiums for elderly employees if they are not eligible for pension yet?
Answer:
According to Clause 1, Article 2 of the Law on Social Insurance 2014, employees who sign employment contracts with a term of one month or more are subject to compulsory social insurance.
And according to Clause 9, Article 123 of this Law:
Recipients of pensions, social insurance benefits, and monthly allowances who are currently under employment contracts are not subject to compulsory social insurance.
Thus, for elderly employees who are not eligible for pension, they are still subject to social insurance if they sign employment contracts with a term of one month or more.
If the employee has received a pension for 4 months and then passes away, how is the lump-sum survivor allowance calculated?
Question: My brother participated in voluntary social insurance to receive a pension. However, he only received 4 months of pension and then died, so I would like to ask how much the lump-sum death benefit is.
Answer:
Clause 3, Article 81 of the Law on Social Insurance 2014 stipulates the death benefit regime for the case of a voluntary social insurance participant who is receiving a pension and dies as follows:
The one-time death benefit for relatives of a pensioner who dies is calculated based on the time of receiving the pension. If the death occurs within the first 2 months of receiving the pension, it is calculated as 48 months of the current pension; if the death occurs in the following months, for each additional month of pension received, the benefit is reduced by 0.5 months of pension.
According to this regulation, in your case, your family will receive a one-time death benefit equal to 49 months of the pension that your pensioner is receiving.
Is the pension payment suspended if the recipient is imprisoned?
Question: My uncle retired 2 years ago, is receiving a pension, recently had a conflict and stabbed his neighbor with a knife. If he has to go to jail, will his pension be suspended?
Answer:
According to Clause 1, Article 64 of the Law on Social Insurance 2014, a pensioner will have his pension and monthly social insurance benefits suspended or continued to be received in one of the following cases:
- Illegal exit;
- Declared missing by the Court;
- There is a basis to determine that his social insurance benefits are not in accordance with the law.
Therefore, if you uncle go to jail, his pension enjoyment will not be suspended.
Sincerely!
