What acts are considered delayed payment of mandatory social insurance, unemployment insurance in Vietnam?
What acts are considered delayed payment of mandatory social insurance, unemployment insurance in Vietnam?
Pursuant to Article 38 of the Social Insurance Law 2024 on late payment of compulsory social insurance and unemployment insurance:
Article 38. Late Payment of Compulsory Social Insurance and Unemployment Insurance
Late payment of compulsory social insurance and unemployment insurance is an act committed by employers in one of the following cases:
- Not paying or not fully paying the required amount according to the registered participation dossier for compulsory social insurance and unemployment insurance from the day after the latest payment date stipulated in Clause 4 Article 34 of this Law or from the latest payment date as regulated by the law on unemployment insurance, except for cases stipulated at Points d and e, Clause 1, Article 39 of this Law.
- Failure to register or incomplete registration of the number of people required to participate in compulsory social insurance within 60 days from the expiration date prescribed in Clause 1, Article 28 of this Law.
- Failure to register or incomplete registration of the number of people required to participate in unemployment insurance within 60 days from the deadline for participation in unemployment insurance as prescribed by the law on unemployment insurance.
- Cases where they are not considered evading the payment of compulsory social insurance and unemployment insurance as regulated in Clause 2, Article 39 of this Law.
Thus, late payment of compulsory social insurance and unemployment insurance is an act by employers in one of the following cases:
[1] Not paying or not fully paying the required amount according to the registered participation dossier for compulsory social insurance and unemployment insurance from the following latest payment date or from the latest payment date as per legal regulations on unemployment insurance:
- The last day of the following month for monthly payment methods
- The last day of the following month after the payment cycle for quarterly or semi-annual payment methods
Note: Except for the following cases:
- Failure to pay or pay incompletely the registered compulsory social insurance amount after 60 days from the latest compulsory social insurance payment date after being prompted by the competent authority
- Failure to pay or pay incompletely the registered unemployment insurance amount after 60 days from the latest unemployment insurance payment date as per legal regulations on unemployment insurance, after being prompted by the competent authority
[2] Failure to register or incomplete registration of the number of people required to participate in compulsory social insurance within 60 days from the deadline for reporting and submitting the participation dossier for compulsory social insurance of employees
[3] Failure to register or incomplete registration of the number of people required to participate in unemployment insurance within 60 days from the deadline for participation in unemployment insurance as per legal regulations on unemployment insurance
[4] Cases considered not evading the payment of compulsory social insurance and unemployment insurance
What acts are considered delayed payment of mandatory social insurance, unemployment insurance in Vietnam? (Image from the Internet)
How to handle delayed payments of compulsory social insurance and unemployment insurance in Vietnam?
Pursuant to Article 40 of the Social Insurance Law 2024, the measures for handling the act of late payment of compulsory social insurance and unemployment insurance are as follows:
- Mandatory payment of the full overdue amount; payment of an amount equivalent to 0.03% per day calculated on the overdue compulsory social insurance and unemployment insurance amount and the days overdue into the social insurance and unemployment insurance funds.
- Administrative penalties as prescribed by law.
- Not considering granting awards or commendations.
What is the rate of compulsory social insurance contribution in Vietnam?
Pursuant to Article 32 of the Social Insurance Law 2024 on the rate of social insurance contribution:
Article 32. Rate of Social Insurance Contribution
1. The rate of compulsory social insurance contribution includes:
a) 3% of the salary used as the basis for social insurance payment into the sickness and maternity fund;
b) 22% of the salary used as the basis for social insurance payment into the retirement and survivorship fund.
- The voluntary social insurance contribution rate is 22% of the income used as the basis for social insurance payment into the retirement and survivorship fund.
Thus, the rates of compulsory social insurance contribution are as follows:
- 3% of the salary used as the basis for social insurance payment into the sickness and maternity fund
- 22% of the salary used as the basis for social insurance payment into the retirement and survivorship fund
