It is required to have decisions of handling violations at each time of irregular investigation; concurrently, such decisions shall be sent to agencies in localities such as the People’s Committees, Vietnam Fatherland Front Committees, the People's Courts, the People's Procuracy, Public Security, Departments of Labor – Invalids and Social Affairs, Federations of Labour in order to be used as the basis for handling in accordance with regulations of the Crime Code.
In addition, according to the supplemented regulations in this Decision, with regard to the evasion of payment of social insurance contributions takes place from January 1st, 2016 onwards, rate of accrued interest (%) shall be the month-based late payment interest rate applicable in each respective year.
In case of collection of the accrued amount of compulsory social insurance contributions with regard to persons work outside Vietnam and collection of the accrued amount of social insurance contributions thanks to salary increase, the rate of accrued interest shall be equal to the average rate of interest on investments of the social security trust fund determined in the year preceding the computation year.
Documents submitted as the basis for issue and modification of social security booklets and health insurance cards are also amended, supplemented. The details are provided in the attached Appendixes.
1. Social insurance (SI), health insurance (HI) and occupational accident and disease insurance premiums of cadres, public officials, public employees and employees whose salary scale, payroll are decided by the state.
2. HI premiums which are paid by the State budget.
3. HI premiums of the entities whose part of HI premiums is paid by the State budget (students, near-poor households).
4. Household HI premiums.
The maximum pay rate (20 times higher than the basic wage level) on which social insurance premium is based shall be also increased from VND 26 million to VND 27.8 million.
Minimum wage levels on which compulsory social insurance premiums are based from January 1st, 2018 shall be also increased according to the region – based wage levels as prescribed in Decree No. 141/2017/ND-CP. In particular:
Accordingly, one of the noticeable points of this Circular is the supplement of entities eligible for lump-sum social insurance payout. In particular, apart from persons who suffer from diseases causing danger to their lives such as cancer, paralysis, cirrhosis, severe tuberculosis, etc. or suffer from diseases resulting in at least 81% of work capacity reduction, persons who suffer from at least 81% impairment level shall be also eligible for lump-sum social insurance payout
In addition, this Circular also supplements some principles in issuance of confirmation of eligibility to receive social insurance benefits such as: only one confirmation of eligibility to receive social insurance benefits shall be issued each doctor visit; If a worker is treated at various departments of a health facility in a day, only one confirmation of eligibility to receive social insurance benefits shall be issued.
This Circular takes effect from March 1st, 2018 and replaces Circular No. 14/2016/TT-BYT dated May 12th, 2016.
- People working under labor contracts whose term is at least 3 months (including people under 15 years old) and managers of enterprises receiving salaries have to participate in social insurance, health insurance, unemployment insurance and occupational accident and occupational disease insurance).
- People working under labor contracts whose term is from 1 month to under 3 months (except for probationary contracts) and foreign employees have to participate in social insurance and occupational accident and occupational disease insurance from January 1st, 2018. Foreign employees working under labor contracts whose term is at least 3 months shall participate in compulsory health insurance.
- Employees who are assigned to study, practice or work domestically and overseas but still receive domestic salaries are subject to compulsory social insurance and unemployment insurance.
- An employee who enters into at least 2 labor contracts with different employers shall pay social insurance contributions and unemployment insurance premiums according to the first labor contract and pay health insurance premiums according to the labor contract with highest salary. With regard to occupational accident and occupational disease insurance, it is required to pay for all contracts.
Payment rates shall be specified as follows:
- Employers pay 21.5% (17% social insurance; 0.5% occupational accident and occupational disease insurance; 3% health insurance; 1% unemployment insurance);
- Employees pay 10.5% (8% social insurance; 1.5% health insurance; 1% unemployment insurance).
Salary to be used as the basis for payment of insurance is salaries specified in labor contracts, allowances and additional payments (applicable from January 1st, 2018). However, “additional payments” subject to the payment of insurance only include payments with specific amounts and paid regularly in each period of salary payment.
This document comes into force from the day on which it is signed. Previous regulations that are not conformable with the Decision No. 595/QD-BHXH shall be annulled.
Accordingly, the managing enterprise is allowed to use retirement voluntary fund to invest in certificates of securities investment fund provided that it must not exceed 20% of total asset value of the fund.
A voluntary retirement fund is allowed to apply the accounting regimes applicable to open funds prescribed in Circular No. 198/2012/TT-BTC and Circular No. 181/2015/TT-BTC.
An enterprise managing retirement voluntary fund that makes a wrong valuation of the retirement fund’s net asset value or wrongly determine balances of individual retirement accounts shall pay compensations to the fund participants at least 0.75% of the retirement fund's net asset value.
This Circular takes effect from October 1st, 2017.