SOCIAL INSURANCE MODES IN VIETNAM

The 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.

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.
     From an economic perspective: Social insurance does not directly treat illness when employees are sick, have accidents or arrange new jobs for them when they lose their jobs, but only helps them have a part of their income when employees are reduced. Or lose the ability to work.
     From a legal perspective: Social insurance regime is a combination of legal provisions, issued by the State, providing for forms of material and spiritual assurance for employees or their family members. Labor when they lose or partially reduce their working capacity.

So in short, what is social insurance?

Social insurance is one of the important social policies of the State. Social insurance is an alternative guarantee or risk-sharing from funds to protect employees and their families when they lose their ability to work, reduce income due to illness, maternity, work accidents, and illness. Occupation, disability, unemployment, old age, and death, and at the same time contribute to ensuring social safety. In other words, Social Insurance is the main pillar of the social security system in each country.

Elements of a social insurance system include Beneficiaries; Conditions of enjoyment; Level and duration of social insurance benefits.

2. The regimes of social insurance

Các chế độ bảo hiểm xã hội tại Việt Nam hiện nay bao gồm:
   – Sickness insurance regime;
   – Social insurance regime for occupational accidents and diseases;
   – Maternity insurance regime;
   – Unemployment insurance regime;
   – Pension regime;
   – Health insurance regime;
   – Death mode.

3. Benefits of Social Insurance

When participating in social insurance, participants enjoy the following benefits:
   – To participate in and enjoy benefits according to the Law on Social Insurance;
   – Issuance and management of social insurance books and receive them back when they no longer work;
   – Receive full and timely pensions and allowances in the following forms:
       + Received directly at the social insurance agency or authorized service organization;
       + Received through the employee's deposit account opened at the bank;
       + Through the company, workplace organization or employer;
   – To enjoy health insurance in the following cases: being on pension, taking maternity leave, adopting a child, labor accident, occupational disease or sickness allowance;
   – Actively go to the medical examination to assess the level of working capacity decline and be paid medical assessment costs if eligible for social insurance;
   – Authorization to receive pensions and social insurance benefits for others;
  – To be provided with information on periodic social insurance payments; Request the employer to provide information on the payment and entitlement to the social insurance benefits;
   – Participants are entitled to make complaints, denunciations, and initiate lawsuits against social insurance by the law.

 

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:

  • Health Insurance: Participants of health insurance during medical examination, treatment, rehabilitation, maternity, etc. will be paid or reduced directly by health insurance without having to make records.
  • Social Insurance: Employees who lose or reduce their income due to sickness, maternity, accidents, occupational diseases, end of working age or death, etc., who want to enjoy social insurance benefits, must make a dossier and send it to the insurance agency. After the application is processed, the new employee will receive the allowance. Everyone can join health insurance. But the participants of social insurance are only employees and outside working age. In addition, social insurance and health insurance are also different in the level of payment, benefits to be enjoyed...

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 insurance 

According 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 insurance

1.1. 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:
    – Compulsory social insurance is a type of social insurance organized by the State that employees and employers must participate in.
    – Compulsory social insurance includes the following benefits: maternity, sickness, occupational accident, occupational disease, retirement, and survivorship age.

1.2. Compulsory social insurance premium

1.2.1. Compulsory social insurance contributions of employees

Subject

Social Insurance Fund

Fund for occupational accidents and diseases

UI Fund

Health Insurance Fund

Total closing rate

Retirement and death fund

Fund sickness, maternity

Vietnamese workers

8%

0

0

1%

1,5%

10,5%

Foreign workers

0

0

0

0

1,5%

1,5 %

1.2.2. The employer's compulsory social insurance premium rate

Subject

Social Insurance Fund

Fund for occupational accidents and diseases

UI Fund

Health Insurance Fund

Total closing rate

Retirement and death fund

Fund sickness, maternity

Vietnamese employers

14%

3%

0,5%

1%

3%

21,5%

Foreign employer

0

3%

0,5%

0

3%

6,5 %

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 insurance

Eligibility 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. Sicknesses

Pursuant 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 duration of sick leave and the employee's sickness benefit allowance will depend on the beneficiaries, working in a normal environment, or doing heavy, hazardous, dangerous, or special occupations or jobs. Arduous, toxic, and dangerous. 
After enjoying the sickness regime, within 30 days from the date of returning to work, if the employee's health has not been restored, they are also entitled to convalescence and recovery after the illness regime.

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. Maternity

Employees 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.
For female employees who are eligible for maternity benefits, they will be entitled to take maternity leave; Leave for benefits in case of miscarriage, curettage, abortion, stillbirth, or pathological abortion; Leave to enjoy the maternity leave; Leave to enjoy the regime when taking contraceptive measures. In addition, female employees when carrying out surrogacy, mothers who ask for surrogacy, or employees adopting children under 6 months old will also be entitled to maternity leave when eligible.
A female employee giving birth or an employee adopting a child under 6 months old is entitled to a lump-sum allowance for each child equal to 02 times the 'base salary' in the month the female employee gives birth or the month the employee adopts the child.
After receiving the maternity regime, if her health has not yet recovered within 30 days from the first day of work, she shall be entitled to take a leave of absence for convalescence and recovery from 05 days to 10 days.

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:
   + At work and during working hours;
   + Outside the workplace or outside working hours when performing work at the request of the employer;
   + On the route to and from the place of residence to the place of work within a reasonable time and route.
   + Reduced working capacity from 5% or more.

– Conditions for enjoying the occupational disease regime are as follows:
   + Having an illness on the list of occupational diseases issued by the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs when working in a hazardous environment or occupation;
   + Decrease in working capacity by 5% or more due to illness specified in Clause 1 of this Article.

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.
In addition to the one-time allowance and the monthly allowance, the employee, when eligible for the occupational accident and occupational disease regime, may also be provided with living aids and orthopedic tools; Receive a monthly service allowance; Lump-sum allowance upon death due to work-related accidents or occupational diseases; Convalescence and recovery after treatment of injury or illness.

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 regime

Regarding 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:
   + Male employees will retire for 16 years in 2018; 17 years in 2019; 18 years in 2020; 19 years in 2021; 20 years from 2022 onward;
   + Female employees who retire from 2018 onwards is 15 years.
   + After that, for each additional year, the employees specified at Points a and b of this Clause are charged an additional 2%; Up to 75%.

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.
For employees specified at Point g, Clause 1, Article 2 of this Law and those who are having their social insurance premium payment period reserved, the time of pension enjoyment is the time stated in the employee's written request when the payment is complete. Conditions for pension entitlement as prescribed.

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:
   + Having reached the retirement age as prescribed in Clauses 1, 2, and 4, Article 54 of this Law but have not paid full 20 years of payment of social insurance premiums or under the provisions of Clause 3, Article 54 of this Law but have not paid full 15 years; Social insurance and not continuing to participate in voluntary social insurance;
   + Going abroad to settle down;
   + Persons suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS and other diseases as prescribed by the Ministry of Health. ;
In the case where the employees specified at Points đ and e, Clause 1, Article 2 of this Law, when serving, demobilizing, or resigning, are not eligible for pension enjoyment.

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 mode

The 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:
   + Having paid social insurance premiums for a full 15 years or more but have not yet enjoyed a lump-sum social insurance payment;
   + Being on pension;
   + Death due to occupational accident or occupational disease;
   + Being receiving monthly labor accident or occupational disease allowance with a working capacity decrease of 61% or more.

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:
   + Children under 18 years old; Children aged full 18 years or older if their working capacity is reduced by 81% or more; The child is born when the father dies while the mother is pregnant;
   + Wife aged full 55 years or older or husband aged full 60 years or older; Wife under 55 years old, husband under 60 years old if having a working capacity decrease of 81% or more;
   + The biological father, natural mother, the biological father of the wife or husband's biological father, the biological mother of the wife or the husband's biological mother, other family members that the social insurance participant is obliged to take care of according to regulations. Of the law on marriage and family if they are full 60 years old or older for men, full 55 years old or older for women;
   + The biological father, natural mother, the biological father of the wife or husband's biological father, the biological mother of the wife or the husband's biological mother, other family members that the social insurance participant is obliged to take care of according to regulations. Of the law on marriage and family if they are under 60 years old for men, under 55 years old for women and have a working capacity decrease of 81% or more.

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 insurance

Unemployment 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 insurance 

2.1. 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.
According to Clause 4, Article 2 of Law on Social Insurance No. 58/2014/QH13 stipulating that Vietnamese citizens aged full 15 years or older who are not in the group of subjects participating in compulsory social insurance can participate in voluntary social insurance. And when it is necessary to participate in voluntary social insurance, employees shall base themselves on the above regulations to see which group they belong to be able to pay social insurance premiums.

2.2. Payment rates and payment methods of employees participating in voluntary social insurance

According 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: 
    + Monthly payment; 
    + Pay every 3 months; 
    + Pay once every 6 months; 
    + Pay once every 12 months; 
    + One-off payment for many years to come, but not more than once every 5 years; 
    + One-off payment for the missing years for social insurance participants who have met the age conditions for pension enjoyment as prescribed, but the missing period of social insurance payment does not exceed 10 years (120 months). Paid for full 20 years to enjoy pension.

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 schemes

2.3.1. Pension regime

Employees 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:
   + Male employees will retire for 16 years in 2018; 17 years in 2019; 18 years in 2020; 19 years in 2021 and 20 years from 2022 onwards.
   + Female employees who retire from 2018 onwards is 15 years.
   + After that, 2% will be added every year, the maximum level is 75%.

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:
   + Satisfying the age requirements as prescribed at Point a, Clause 1, Article 73 of this Law but has not paid social insurance premiums for full 20 years without continuing to participate in social insurance;
   + Going abroad to settle down;
   + Persons suffering from one of the life-threatening diseases such as cancer, polio, cirrhosis of the liver ascites, leprosy, severe tuberculosis, HIV infection that has progressed to AIDS, and other diseases as prescribed by the Ministry of Health.

2.3.2. Death mode

Employees 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.
Employees who are paying social insurance premiums, employees who are reserving their time to pay social insurance premiums, and those who are on a pension when they die, their relatives will be entitled to a lump-sum survivorship allowance. The one-time survivorship allowance for relatives of employees who are paying social insurance premiums or who are reserving the period of social insurance payment is calculated according to the number of years of paying social insurance premiums.

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 book 

Currently, 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:'
For example, the cover and a separate sheet of the social insurance book was previously printed with “Book number: 0118000001”, now it is printed as “Code: 0118000001”
Social insurance books are newly issued and re-issued according to the (new) form from August 1, 2017.
Thus, in essence, the social insurance book number and social insurance number are the same.

Have a great day!



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