What is the duration for the social insurance agency to grant social insurance books in Vietnam?

What is the duration for the social insurance agency to grant social insurance books in Vietnam? (Internet image)

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

1. What is the duration for the social insurance agency to grant social insurance books in Vietnam?

According to Clause 3, Article 99 of the Law on Social Insurance 2014, 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.

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

According to Clause 1, Article 97 of the Law on Social Insurance 2014, 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.

According to Clause 2, Article 97 of the Law on Social Insurance 2014, 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.

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.

4. Rights of social insurance agencies

Rights of social insurance agencies according to Article 22 of the Law on Social Insurance 2014 are as follows:

- To organize the management of personnel, finance and assets in accordance with law.

- To reject unlawful claims for social insurance, unemployment insurance or health insurance allowances.

- To request employers to produce labor management books, salary tables and other information and documents relating to the payment of social insurance, unemployment insurance and health insurance premiums and enjoyment of social insurance, unemployment insurance or health insurance.

- To be provided by enterprise registration agencies or agencies granting operation certificates or operation licenses with copies of enterprise registration certificates, operation licenses, operation certificates or establishment decisions in order to register employees covered by social insurance and health insurance, for newly established enterprises and organizations.

- Every 6 months, to be provided by local state management agencies in charge of labor with information on employment and change of employees in localities.

- To be provided by tax agencies with tax identification numbers of employers; to be annually provided with information on employers’ salary expenses used for tax calculation.

- To examine the implementation of social insurance policies; to conduct specialized inspection of the payment of social insurance, unemployment insurance and health insurance premiums.

- To propose to competent state agencies the formulation, revision and supplementation of policies and laws on social insurance, unemployment insurance and health insurance and the management of social insurance, unemployment insurance and health insurance funds.

- To handle, or propose competent state agencies to handle, violations of the laws on social insurance, unemployment insurance and health insurance.

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