SOCIAL INSURANCE MODES IN VIETNAMThe regime of Social Insurance was formed long before the appearance of the term social security, and Social Insurance is considered as the main pillar of social security, a fund to protect people's lives. Labor. Every month, the amount spent on the above protection fund accounts for 10.5% of the employee's salary, not only the employee but also the employer must pay an expense when the employee falls ill and retires. However, many workers and businesses still do not fully understand the existing insurance regimes. So what is social insurance? What are the benefits of coming social insurance? The following article helps people have the most overview and overview of Social Insurance. Show
Legal basis
I. Overview of social insurance (social insurance)1. What is social insurance?Currently, the detailed and specific law on social insurance regime is the Law on Social Insurance 2014. In addition, other legal documents also regulate and guide social insurance such as Decree No. No. 115/2015/ND-CP, Circular No. 59/2015/TT-BLDTBXH,... Regarding the concept of social insurance, there are now a lot of books and university textbooks that also give different points of view from different perspectives. So in short, what is social insurance?
Elements of a social insurance system include Beneficiaries; Conditions of enjoyment; Level and duration of social insurance benefits. 2. The regimes of social insuranceCác chế độ bảo hiểm xã hội tại Việt Nam hiện nay bao gồm: 3. Benefits of Social InsuranceWhen participating in social insurance, participants enjoy the following benefits: 4. Difference between social insurance and health insurance (health insurance)Health insurance (HI) is a type of insurance in the field of public health care. Participants of health insurance will be paid part or all of the cost of medical examination and treatment and medicines. Does social insurance include health insurance? The answer is no. Although social insurance and health insurance are related and similar, they are two different categories. What is the difference between health insurance and social insurance? The basic difference between social insurance and health insurance is the payment method, specifically:
The Law on Health Insurance regularly changes and adds many new policies that are beneficial to health insurance users. From December 31, 2018, in Decree 146/2018/ND-CP, additional beneficiaries and benefit levels have been added. HEALTH INSURANCE for workers. II. Classification of social insuranceAccording to the 2014 Law on Social Insurance, the classification of social insurance according to the form of social insurance includes compulsory social insurance and voluntary social insurance. Compulsory social insurance and voluntary social insurance are two types of social insurance specified in the current Law on Social Insurance. So what is the difference between these two types of insurance? Click here ! 1. Compulsory social insurance1.1. What is compulsory social insurance?Compulsory social insurance is a type of social insurance, the concept of compulsory social insurance is specified in Clause 2, Article 3 of the Law on Social Insurance 2014: 1.2. Compulsory social insurance premium1.2.1. Compulsory social insurance contributions of employees
1.2.2. The employer's compulsory social insurance premium rate
Compulsory social insurance premiums for foreign workers working in Vietnam are calculated based on the employee's monthly salary, including salary, wage allowance, and other supplements. For specifics, you can see the detailed article about social insurance contributions for foreign workers ! 1.3. Compulsory social insuranceEligibility conditions, levels, and duration of the compulsory social insurance regimes are calculated based on the employee's salary on which social insurance premiums are based, including Sickness benefits; Occupational accidents and occupational diseases; Maternity; Unemployment; Retire; Death death. For specifics, you can see the detailed article about compulsory social insurance 1.3.1. SicknessesPursuant to Article 25 of the Law on
Social Insurance 2014, when an employee suffers an illness or an accident that is not an occupational accident or self-destructive to his/her health and certified by a competent medical facility according to regulations. As determined by the Ministry of Health, they will be entitled to a sick leave. In case the employee has children under 7 years old, they will also be entitled to the 'sick child leave' if certified by a competent medical examination and treatment facility. The period of enjoyment and the level of benefits of an employee depends on the beneficiary, working in a normal environment or doing heavy, hazardous, or dangerous occupations or jobs or particularly heavy, hazardous, or dangerous jobs. For detailed information, refer to employees HERE . 1.3.2. MaternityEmployees who are subject to and fall into one of the cases specified in Articles 30 and 31 of the Law on Social Insurance 2014 while paying social insurance premiums to the sickness and maternity fund will be entitled to a leave of absence. In case of childbirth but only the father participates in social insurance, the father is entitled to a lump-sum allowance equal to 02 times the basic salary in the month of childbirth for each child. You can consult maternity regime for husband when wife gives birth . 1.3.3. Labor accident and occupational disease regime– Conditions for enjoying the occupational accident regime when accident in one of the following cases: – Conditions for enjoying the occupational disease regime are as follows: An employee who suffers an occupational accident as specified in Article 42 of the Law on Social Insurance 2014 and fully meets the conditions specified in Article 43 and Article 44 of the Law on Social Insurance 2014 will be entitled to a one-time allowance. Times or monthly allowance depending on the degree of decrease in working capacity and time of participation in social insurance. When participating in Social Insurance (Social Insurance), Insurance for Occupational Accidents and Diseases (Insurance at Work - Occupational Disease), employees will have time off from work to enjoy the insurance regime as prescribed. Details see here 1.3.4. Pension regimeRegarding the retirement conditions of employees, according to regulations, it will depend on age, the minimum period of social insurance participation of 20 years, job, level of working capacity decline, etc. 54 and Article 55 of the Law on Social Insurance 2014. From January 1, 2018, the monthly pension of employees who fully meet the conditions specified in Article 54 of this Law is equal to 45% of the average monthly salary on which social insurance premiums are based specified in Article 62 of this Law. This
Law and a corresponding number of years of paying social insurance premiums are as follows: Regarding the time to enjoy pension, it is the time recorded in the decision to retire made by the employer when the employee has fully met the conditions for pension enjoyment as prescribed by law. For employees who are paying compulsory social insurance as prescribed at Point h, Clause 1, Article 2 of this Law, the time to enjoy pension is counted from the month immediately following when the employee fully meets the conditions for pension enjoyment
and has a written document. Application form to the social insurance agency. Social insurance 1 time The employees defined in Clause 1, Article 2 of this Law, upon request, are entitled to a lump-sum social insurance premium if they fall into one of the following cases: Facing the current trend, workers 'receiving' one-time social insurance does not decrease but continues to increase, especially for the group of workers who are 'after the age of 35' because that is their right when they come to be eligible to receive and enjoy benefits. , received as specified. However, determining the calculation method, benefit level, and related benefits is still a problem for many employees. Let's find out together here ! 1.3.5. Death modeThe current survivorship regime will include funeral allowance, monthly death benefit, and one-time survivorship allowance. According to Clause 1, Article 67 of the Law on Social Insurance 2014, those who are participating in social insurance, or are reserving the payment period; The court declares death, in the following cases, upon death, the next of kin shall be entitled to a monthly survivorship allowance: According to Clause 2, Article 67 of the Law on Social Insurance 2014 stipulates that the relatives of the people specified in Clause 1 of this Article are entitled to a monthly survivorship
allowance if the following conditions are fully satisfied: The monthly survivorship allowance depends on the base salary, the one-time survivorship allowance depends on the duration of social insurance participation, and the average salary on which social insurance premiums are based. 1.3.6. Unemployment insuranceUnemployment insurance is a regime in the system of social insurance regimes, to provide income support for workers who lose income due to unemployment. To be entitled to unemployment benefits, employees must be contributing to the unemployment insurance fund for full 12 months or more in the 24-month period before being unemployed. Within 3 months from the date of unemployment, employees must submit an application for unemployment benefits at the Employment Service Center. Unemployment insurance beneficiaries must have not been able to find a job after 15 days from the date of unemployment registration. See detailed unemployment insurance HERE The time to enjoy unemployment benefits depends on the time the employees pay unemployment insurance premiums. The unemployment benefit level is equal to 60% of the average monthly salary on which unemployment insurance premiums are based for the 06 consecutive months before unemployment. Persons receiving unemployment benefits are entitled to the health insurance regime by the law on health insurance. And to make a dossier for unemployment benefits, within 3 months from the time of unemployment, employees must submit a dossier for unemployment benefits at the Employment Service Center. Refer to the process and procedures for applying for benefits unemployment insurance 2. Voluntary social insurance2.1. What is voluntary social insurance?Voluntary social insurance is a type
of insurance organized by the State in which the insured has the right to choose the payment rate and payment method suitable to his/her finances and the State has the policy to support the premium payment. Voluntary society for participants to enjoy retirement and survivorship regimes. 2.2. Payment rates and payment methods of employees participating in voluntary social insuranceAccording to Article 87 of the Law on Vietnam Social Insurance 2014 detailing the rate of voluntary social insurance contributions for employees as follows: Employees specified in Clause 4, Article 2 of this Law, must pay 22% of their monthly income each month. Selected by the employee to contribute to the retirement and survivorship fund; The minimum monthly income as a basis for social insurance payment is equal to the poverty line of rural areas and the highest is 20 times the basic salary. Voluntary social insurance participants may choose one of the following payment methods to contribute to the retirement and survivorship fund: In case the social insurance participants have reached the prescribed retirement age but the period of social insurance premium payment is still over 10 years short, if they so wish, they shall continue to pay voluntary social insurance premiums by one of the following methods: Until the time of social insurance premium payment is less than 10 years, they are entitled to one-time payment for the missing years to enjoy the pension. 2.3. Voluntary social insurance schemes2.3.1. Pension regimeEmployees subject to voluntary social insurance participation who meet the age and period of participation in social insurance will be entitled to the retirement regime. The monthly pension depends on the period of participation in social insurance and the average monthly income on which social insurance
premiums are based. In addition, employees who have paid social insurance premiums for a period of time higher than the number of years corresponding to the pension rate of 75%, upon retirement, in addition to pensions, will also enjoy a lump-sum allowance. In there: The time to enjoy pension of employees participating in voluntary social insurance is counted from the month immediately following the month the social insurance participants are eligible for pension. Employees in the following cases will be entitled to lump-sum social insurance instead of a monthly
pension: 2.3.2. Death modeEmployees who have paid voluntary social insurance premiums for at least 60 months (05 years) and who are on pension will be entitled to a funeral allowance equal to 10 times the base salary (the current allowance is . 14.9 million dongs), for people who have paid full 60 months
or more or are enjoying a pension. Voluntary social insurance (social insurance) is a type of insurance in which participants choose the payment rate and payment method by their income. Participating in voluntary social insurance is a common need of many people, but not everyone understands the regulations related to this type of insurance. Press here here! III. Social insurance bookCurrently, each employee after signing a labor contract with the employer will have a social insurance book. So what is the social insurance book for? Social insurance book is a book used to record the process of working, paying, and enjoying social insurance as a basis for settling social insurance regimes for the insured according to the provisions of law. The current social insurance book includes a cover that includes basic information of the social insurance participants and the number of the social insurance book or the number the social insurance book; The separate sheet in social insurance book has the content the process of participating in social insurance payment. So what is the social insurance book code? What is the social insurance book number? Is the social insurance book number the same as the social insurance book number? This issue is specified in Official Dispatch 3340/BHXH-ST in 2017 on the issuance of social insurance books and health insurance cards according to the social insurance code issued by the Vietnam Social Insurance, whereby: Replace the phrase 'Book number:' printed on the cover and separate sheet of
the social insurance book with the phrase 'Code:' Have a great day! |