Registration dossiers for participation in social insurance and grant of social insurance books in Vietnam

Registration dossiers for participation in social insurance and grant of social insurance books in Vietnam
Le Truong Quoc Dat

What are the regulations on registration dossiers for participation in social insurance and grant of social insurance books in Vietnam? - Quoc Hung (Dong Thap)

Registration dossiers for participation in social insurance and grant of social insurance books in Vietnam

Registration dossiers for participation in social insurance and grant of social insurance books in Vietnam (Internet image)

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

1. Registration dossiers for participation in social insurance and grant of social insurance books in Vietnam

According to Article 97 of the Law on Social Insurance 2014, registration dossiers for participation in social insurance and grant of social insurance books are as follows:

- A registration dossier for first-time participation in social insurance must comprise:

+ An employer’s declaration form for participation in social insurance, enclosed with a list of employees to participate in social insurance;

+ Employees' declaration forms for participation in social insurance.

- A dossier for re-grant of a lost or damaged social insurance book must comprise:

+ An employee’s application for re-grant of a social insurance book;

+ The social insurance book, in case it is damaged.

- The Government shall stipulate the procedures and dossier for participation in social insurance and grant of social insurance books for the subjects defined at Point e, Clause 1, Article 2 of the Law on Social Insurance 2014.

2. Settlement of registration for participation in social insurance and grant of social insurance books

Settlement of registration for participation in social insurance and grant of social insurance books according to Article 99 of the Law on Social Insurance 2014 is as follows:

- Registration for first-time participation in social insurance shall be settled as follows:

+ Within 30 days after signing a labor contract or working contract with an employee or after recruiting an employee, the employer shall submit a dossier specified in Clause 1, Article 97 of the Law on Social Insurance 2014 to the social insurance agency.

+ An employee to be covered by voluntary social insurance shall submit a dossier specified at Point b, Clause 1, Article 97 of the Law on Social Insurance 2014 to the social insurance agency.

- An employee shall submit a dossier for re-grant of a social insurance book as specified in Clause 2, Article 97 of the Law on Social Insurance 2014 to the social insurance agency.

- The social insurance agency shall grant a social insurance book within:

+ 20 days after receiving a complete and valid dossier, for persons who participate for the first time in compulsory social insurance;

+ 7 days after receiving a complete and valid dossier, for persons who participate for the first time in voluntary social insurance;

+ 15 days after receiving a complete and valid dossier, in case of re-grant of social insurance books; or 45 days, if the verification of the period of social insurance premium payment is complicated. If refusing to grant a social insurance book, the social insurance agency shall issue a written reply clearly stating the reason;

+ 10 days after receiving a complete and valid dossier, in case of re-grant of social insurance books for employees who wish to have their information of participation in social insurance adjusted. If refusing to re-grant a social insurance book, the social insurance agency shall issue a written reply clearly stating the reason.

3. Social insurance principles in Vietnam

Social insurance principles according to Article 5 of the Law on Social Insurance 2014 are as follows:

- Levels of social insurance allowances shall be calculated based on the social insurance premium rate, the premium payment period and the sharing among the insured.

- The compulsory social insurance premium rate shall be calculated based on an employee’s monthly salary. The voluntary social insurance premium rate shall be calculated based on the monthly income selected by employees.

- Employees who pay both compulsory and voluntary social insurance premiums are entitled to the retirement benefits and survivorship allowance benefits based on their period of social insurance premium payment. The period of social insurance premium payment already calculated for enjoying a lump-sum social insurance allowance shall not be included in the period used to calculate social insurance benefits.

- The social insurance fund shall be managed in a centralized, uniform, public and transparent manner; used for proper purposes and independently accounted by component funds and groups of the insured subject to the state- prescribed salary benefits and the employer-decided salary benefits.

- Social insurance shall be implemented in a simple, easy and convenient manner, promptly and fully ensuring the interests of the insured.

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