Documents and Procedures for Temporary Suspension of Retirement and Survivorship Fund Contributions for Enterprises Affected by Covid-19

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 Dossier for Temporary Suspension of Contributions to Retirement and Survivorship Fund for Enterprises Affected by Covid-19

The Ministry of Labor, War Invalids and Social Affairs specifically guides the temporary suspension of contributions to the retirement and survivorship fund for cases where employers have paid full social insurance contributions until the end of January 2020 and are affected by the Covid-19 pandemic, leading to a reduction of 50% or more in the number of employees participating in social insurance at the time of the request compared to January 2020, as follows:

- Application Dossier:

+ The employer's request document according to the form in Appendix I, issued together with Official Dispatch 1511/LD-TBXH-BHXH;

+ List of employees to be reduced according to the form in Appendix II, issued together with Official Dispatch 1511/LD-TBXH-BHXH;

+ A copy of documents or decisions reflecting the reduction in employees due to the Covid-19 pandemic.

- Implementation Order:

+ Employers submit the dossier to the social insurance agency where they are participating in social insurance;

+ Within 5 working days from the date of receipt of the employer's dossier, the social insurance agency is responsible for checking the dossier, cross-checking the number of employees participating in social insurance being managed to consider and resolve the temporary suspension of contributions to the retirement and survivorship fund; if not resolved, a written response stating the reason must be provided.

The social insurance agency is responsible for monitoring and reporting the resolution of temporary suspension of contributions to the retirement and survivorship fund for this case according to Appendix III, issued together with Official Dispatch 1511/LD-TBXH-BHXH.

Periodically every 3 working days and before the 20th of each month, Vietnam Social Security sends a report on the results of resolving the temporary suspension of contributions to the retirement and survivorship fund for this case to the Ministry of Labor, War Invalids and Social Affairs for promptly summarizing and reporting to the Government of Vietnam and the Prime Minister of Vietnam.

Note:

- The period for the temporary suspension of contributions to the retirement and survivorship fund in this case is counted from the month the employer submits the request document and does not exceed the deadline specified in point d, clause 1, Section II of Directive 11/CT-TTg dated March 4, 2020, of the Prime Minister of Vietnam regarding urgent tasks and measures to remove difficulties for production and business, ensuring social welfare, in response to the Covid-19 pandemic but not exceeding 12 months.

- Upon expiration of the temporary suspension period mentioned above, employers and employees continue to contribute to the retirement and survivorship fund and repay the contributions for the suspended period (for employees who stop working and receive salary according to Article 98 of the Labor Code), the repayable contributions are not subject to late payment interest as stipulated in clause 3, Article 122 of the Law on Social Insurance.

- From the time the temporary suspension period ends, if the employer does not repay the contributions for the suspended period, it must comply with the provisions of clause 3, Article 122 of the Law on Social Insurance.

- During the temporary suspension period, if employees meet the conditions for pension, survivorship policy, or terminate their labor contract, the employer shall make repayments for the suspended period to resolve policies for employees.

Nguyen Trinh

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