When being held in temporary detention or custody, the employee will stop working. So, during that time, do they have to pay social insurance premiums in Vietnam?
Article table of contents
Do employees being held in temporary detention or custody pay social insurance in Vietnam? (Source: Internet)
1. Employees being held in temporary detention or custody in Vietnam
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.
Thus, during the time employees being held in temporary detention or custody, they shall pay social insurance premiums temporary. In addition, employees and employers are also entitled to temporarily stop paying unemployment insurance, occupational accident and occupational disease insurance, but they will have to pay health insurance premiums.
2. The payment of social insurance premiums when there are results of an investigation into the employee's detention or custody in Vietnam
* If the competent authority finds that there is no violations
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 to be guilty
In the event that the competent agency determines that the employee is guilty, the payment of social insurance, unemployment insurance, and occupational accident and occupational disease insurance will not be compensated and the employee will not be required to pay health insurance premiums for the detention period.
Clause 7 of Article 42 of Decision 595/QD-BHXH 2017
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