WHAT IS SOCIAL SECURITY ?
Social insurance is a guarantee to replace or compensate part of an employee's income when they lose or lose income due to illness, maternity, occupational accident, occupational disease, expiration of working age, or death, based on payment into the social insurance fund.
Social insurance participants will enjoy benefits in terms of benefits to ensure replacement and make up for the financial shortage for participants and their families when faced with risks in life. In case participants do not want to continue participating in social insurance, they can withdraw social insurance once upon request.
Currently, there are 2 forms for people to register to participate, depending on the group of subjects required to participate and participate voluntarily. With each form, participants will enjoy different benefits and regimes.
1. Social insurance regimes in Vietnam
The provisions of Article 4, Law on Social Insurance 2014 stipulate the following social insurance regimes:
(1) For participants in compulsory social insurance:
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Sickness regime (OĐ)
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Maternity regime (TS)
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Occupational accident and occupational disease regime (TNLĐ&BNN)
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Retirement regime (HT)
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Death mode (TT)
(2) For participants in voluntary social insurance including: Retirement and Death pension
(3) Additional pension insurance prescribed by the government (In Clause 7, Article 3)
2. Compulsory social insurance regimes
2.1 Sickness regime
The sickness regime for participants is detailed in Chapter III, Section 1, Law on Social Insurance 2014. Accordingly, in order to enjoy the benefits of this regime, participants need to meet the conditions specified in Article 25 of this law, including:
1) Employees who have an illness or accident that is not a work accident must quit their jobs and be certified by a competent medical examination and treatment facility according to the regulations of the Ministry of Health.
2) In case of illness or accident, you must quit your job due to self-destruction of health, drunkenness or the use of narcotics and drug precursors according to the list prescribed by the Government, you are not entitled to the sickness regime.
3) Must quit work to take care of children under 07 years old who are sick and certified by competent medical examination and treatment establishments.
The time off and the employee's enjoyment of the OCD regime will depend on the beneficiaries, working in a normal environment or doing heavy, toxic, dangerous, or especially heavy, toxic, dangerous or work.
2.2 Maternity regime
Employees who are subject to and belong to one of the cases as prescribed in Articles 30 and 31 of the Law on Social Insurance in 2014 when paying social insurance to the sickness and maternity fund will be entitled to maternity leave.
In case female workers who are eligible to enjoy the maternity regime, they will be entitled to maternity leave, enjoy the regime when miscarriage, curettage, abortion, stillbirth or pathological abortion; leave to enjoy the regime when giving birth; leave to enjoy the regime when implementing contraceptive measures.
In the case of female surrogate workers or a surrogate mother, adoptive workers under 06 months old will also be entitled to maternity leave when eligible for the benefit. Female workers who give birth or workers who adopt children under 06 months old are entitled to a one-time allowance for each child equal to 02 times the base salary in the month of female workers giving birth or the month of workers who adopt children. In case of giving birth, but only the father participates in insurance, the father is subsidized once equal to 02 times the base salary in the month of birth for each child.
2.3 Labor accident and occupational disease regime
1) Conditions for enjoying the TNLĐ&BNN regime include:
Workers who have had an accident fall into one of the following cases:
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At work and during working hours;
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Outside the workplace or outside working hours when performing work at the request of the employer;
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On the way to and from residence to work within a reasonable amount of time and route.
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Deterioration of working capacity by 5% or more.
2) Conditions for enjoying an occupational disease regime are as follows:
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Sick is on the list of occupational diseases promulgated by the Ministry of Health and the Ministry of Labor - Invalids and Social Affairs when working in an environment or profession with toxic elements.
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Decline in working capacity of 5% or more due to illness specified in Clause 1 of this Article.
2.4 Retirement regime
Regarding the conditions of retirement to enjoy the pension of employees, according to the regulations, it will depend on the age (specified in Clause 2, Article 169 of the Labor Code 2019), the minimum period of participation in social insurance is 20 years, work, the level of decline in working capacity,... specified in Article 54 and Article 55 of the Law on Social Insurance 2014 and amended and supplemented by Article 219, Labor Code 2019.
From January 1, 2018, the monthly pension of eligible employees specified in Article 54 of the Law on Social Insurance is calculated as 45% of the average monthly salary for social insurance payment specified in Article 62 of this Law and corresponds to the number of years of social insurance payment as follows
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Male labor retirement in 2018 is 16 years, 2019 is 17 years, 2020 is 18 years, 2021 is 19 years, and from 2022 onwards is 20 years;
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Female workers retire from 2018 onwards for 15 years.
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Then every additional year, employees specified at points a and b of this clause are charged an additional 2%; the maximum is 75%.
2.5 Death mode
The current death regime will include a burial allowance, monthly death allowance, and one-time death allowance. From 2022, the death regime is applied to all employees (including foreign workers) participating in social insurance in Vietnam.
Pursuant to Clause 1, Article 67, Law on Social Insurance 2014 for those who are participating in social insurance, or are reserving the payment period; the court pronounces the death, in the following case, when dying, relatives are entitled to monthly death.
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Have paid social insurance for 15 years or more but have not received social insurance once;
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Are enjoying a pension;
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Death due to occupational accidents and diseases;
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Being entitled to monthly allowances for occupational accidents and diseases with a decrease in working capacity of 61% or more.
