Highlights of Notable Documents from the Past Week (from December 03, 2023 to December 08, 2023)

1. Guidance on Mandatory Social Insurance Policies for Foreign Workers

On December 3, 2018, Hanoi Social Insurance issued Official Dispatch 5251/BHXH-QLT providing temporary guidelines on mandatory social insurance participation in accordance with Decree 143/2018/ND-CP for foreign workers working in Vietnam.

From December 1, 2018, foreign workers subject to participation in mandatory social insurance schemes are covered by policies including sick leave, maternity leave under the Law on Social Insurance, and occupational accident and disease policies according to the Law on Occupational Safety and Hygiene and Decree 37/2016/ND-CP.

From January 1, 2022, foreign workers are also entitled to pensions, survivors’ benefits, and one-time social insurance payouts.

According to Official Dispatch 5251;

- Implement the conversion of social insurance policies for those receiving pensions and monthly social insurance allowances who no longer reside in Vietnam;- Those receiving pensions and monthly social insurance allowances who do not continue residing in Vietnam can authorize others to receive their pensions and social insurance allowances. Workers are entitled to a one-time allowance if desired.

1. Guidance on Issuing and Converting Benefit Codes on Health Insurance Cards

According to the directive of Vietnam Social Security in Official Dispatch 4996/BHXH-CSYT, while waiting for the amendment and supplementation of Decision 595/QD-BHXH, participants of health insurance who request reissuance or change of their cards without changing information should proceed to the nearest social insurance agency to complete the procedures.

While waiting for the amendment and supplementation of Decision 1351/QD-BHXH, to unify the method of issuing codes nationwide, provincial social insurance authorities should urgently review, complete, and establish a list for reissuing health insurance cards for participants according to the provisions of Decree 146/2018/ND-CP, specifically:

- Convert from code CK2 to code CC1 for those participating in the resistance who are affected by toxic chemicals with a labor capacity reduction rate of 81% or higher;- Change benefit code from code 2 to code 4 for those participating in the resistance and national defense as stipulated in Clause 5, Article 3 of Decree 146/2018/ND-CP (code KC), but not classified as veterans according to Clause 4, Article 3 of Decree 146/2018/ND-CP;- Convert from code HN2 to code HK3 for individuals in multidimensional poverty households who do not fall within the two cases given code HN (individuals in poor households not covered by Point a, Clause 9, Article3 of Decree 146/2018/ND-CP).

Details can be found in Official Dispatch 4996/BHXH-CSYT dated November 29, 2018.

1. Enterprises Not Required to Pay Wages When Employees Take Social Insurance Leave

This clarification was issued by the Ministry of Labor, Invalids, and Social Affairs (MOLISA) in Official Dispatch 4640/LDTBXH-BHXH dated November 2, 2018, regarding the implementation of salary and social insurance policies for employees.

According to Clause 2, Article 186 of the Labor Code, it is stated: “During the period when an employee is on leave and entitled to social insurance benefits, the employer is not required to pay the employee's wages.”

Therefore, if on the same day, an employee has both working time and time on sick leave, the employer is not required to pay wages for the period of sick leave. Employers are only required to pay wages for actual working time.

1. Guidance on Labor Inspections Outside of Office Hours and at Night

The Ministry of Labor, Invalids, and Social Affairs has issued Circular 20/2018/TT-BLDTBXH guiding the coordination mechanism in conducting specialized inspections on labor, occupational safety, and hygiene (OSH) at night and outside of office hours.

When there is a basis to believe that information received about a worker's rights violation or OSH non-compliance at the workplace at night or outside of office hours is substantiated, and if the issue continues, it will affect rights or endanger workers' lives, or upon receiving directives from the Chief Inspector of MOLISA, the quickest possible action must be taken. The Director of the Department of Labor, Invalids, and Social Affairs (DOLISA) must notify relevant local authorities, the local police, and other necessary authorities within the province.

Following the notification, the informed agencies will dispatch officials to join the inspection team and coordinate in resolving the incident.

Subsequently, the Director of DOLISA or the Chief Inspector of DOLISA where the issue occurred will issue an inspection decision as per the authority specified in Article 15 Decree 07/2012/ND-CP. If necessary, the provincial People's Committee Chairman will issue an inspection decision according to legal regulations.

Circular 20/2018/TT-BLDTBXH is effective from January 1, 2019.

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