Order of settlement of complaints about social insurance in Vietnam

Order of settlement of complaints about social insurance in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on complaints about social insurance in Vietnam

Regulations on complaints about social insurance under Article 118 of the Law on Social Insurance 2014 are as follows:

- Employees, persons on pension or monthly social insurance allowance, persons having their period of social insurance premium payment reserved and other persons may request competent agencies, organizations or persons to review the latter’s decisions or acts when they have grounds to believe that such decisions or acts violate the law on social insurance and infringe their lawful rights and interests.

- Employers may request competent agencies, organizations or persons to review the latter’s decisions or acts when they have grounds to believe that such decisions or acts violate the law on social insurance and infringe their lawful rights and interests.

2. Order of settlement of complaints about social insurance in Vietnam

Order of settlement of complaints about social insurance according to Article 119 of Law on Social Insurance 2014 is as follows:

- Complaints about social insurance-related administrative decisions or acts shall be settled in accordance with the law on complaints.

- For complaints about social insurance-related decisions or acts not specified in Clause 1 of  Article 119 of Law on Social Insurance 2014, complainants may choose either of the following:

+ Lodging first-time complaints with the agencies or persons that have issued these decisions or committed these acts; in case these agencies or persons no longer exist, district-level state management agencies in charge of labor shall settle the complaint;

+ Initiating lawsuits at a court in accordance with law.

- In case complainants defined at Point a, Clause 2 of  Article 119 of Law on Social Insurance 2014 disagree with the first-time complaint settlement decisions, or when the prescribed time limit expires but the complaints have not yet been settled, they may initiate lawsuits at a court or lodge complaints with provincial-level state management agencies in charge of labor.

In case complainants disagree with the complaint settlement decisions of provincial-level state management agencies in charge of labor, or when the prescribed time limit expires but the complaints have not yet been settled, the complainants may initiate lawsuits at a court.

- The statute of limitations for lodging complaints and the time limit for settling complaints must comply with the law on complaints.

3. Handling of violations of the law on social insurance in Vietnam

Handling of violations of the law on social insurance according to Article 122 of the Law on Social Insurance 2014 is as follows:

- Agencies and organizations that violate this Law shall, depending on the nature and severity of their violations, be administratively sanctioned; and, if causing damage, they shall pay compensation in accordance with law.

- Individuals who violate this Law shall, depending on the nature and severity of their violations, administratively sanctioned, disciplined or examined for penal liability; and, if causing damage, they shall pay compensation in accordance with law.

- Employers that violate Clause 1, 2 or 3, Article 17 of the Law on Social Insurance 2014 for 30 days or more shall not only fully pay the amount not yet paid or paid late and be handled in accordance with law but also pay an interest equaling 2 times the average interest rate of investment from the social insurance fund in the preceding year, calculated based on the late paid amount and late payment period.

If they fail to do so, at the request of competent persons, related banks, credit institutions or state treasuries shall deduct money from the employers’ deposit accounts in order to pay the amount not yet paid or paid late and the interest thereon to the accounts of social insurance agencies.

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