Unlocking Benefits and Guidelines for Workers in Units with Incomplete Social Insurance Contributions
In our quest to illuminate the intricacies of the Social Insurance regime, we delve into the specialized realm of employee at unpaid Social Insurance units. Here, we present a comprehensive breakdown of the vital aspects surrounding this unique policy.
1. Units employing workers who have not fully paid Social Insurance
Based on the guidelines in document 1880/BHXH-CSXH dated 21/6/2023, units that have not fully paid social insurance for employee include:
• Undergoing bankruptcy procedures;
• Having received a bankruptcy decision from the Court;
• No longer engaging in business activities at the registered address;
• Having no legal representative.
2. Confirmation of participation in Social Insurance and collection of when social insurance contributions
Employee at the units mentioned in section 1 are the subjects of this policy.
The participation period confirm in the worker’s social insurance book that until the time when social Insurance, unemployment insurance, occupational accident insurance, occupational disease insurance that need to pay.
Voluntary social insurance contributions collect once for the remaining period.
The social insurance contribution rate is based on the income chosen by the worker in accordance with the provisions of the law.
Other financial sources will pay the outstanding social insurance contributions, and workers and their relatives do not need to require to pay this amount.
3. Resolution of social insurance benefits for workers
3.1. Sickness, maternity benefits for employee
Workers entitle when sickness, maternity benefits, and health recovery based on the verified SI contribution period.
In the case of childbirth, adoption, or surrogate pregnancy, there are additional considerations. Workers are only eligible for maternity benefits according to the law if they have contributed to social insurance for at least 3-6 months (depending on the case) and there is evidence that the worker has not received these benefits.
If the social insurance contributions that paid by the unit or other financial sources, and this affects the benefit amount, the benefit level will adjusted according to the policy provisions for supplementary payment.
3.2. Retirement benefits for employee
The social insurance agency resolves retirement benefits for workers under the following conditions:
• Workers meet the age and contribution requirements for retirement benefits, having contributed to social insurance for at least 20 years.
• Workers meet the age and contribution requirements for retirement benefits, having contributed to social insurance for 10 to less than 20 years. Workers may voluntarily contribute to social insurance once for the remaining years to meet the monthly retirement benefit criteria.
• If the social insurance contributions whih paid by the unit or other financial sources, the contribution period will supplemented to adjust the benefit amount at the time of retirement benefit settlement. Additionally, supplementary differential benefits will paid to workers from the time of first receiving benefits.
3.3 Funeral benefits for employee
• Funeral allowance is provided to individuals responsible for funeral arrangements if contributed to social insurance (at least 12 months). If the total compulsory social insurance contribution and voluntary social insurance contributions are sufficient for at least 60 months.
• Monthly survivor benefits are provided to eligible relatives if workers have contributed to social insurance for at least 15 years. Relatives who entitled to monthly survivor benefits without opting for a lump-sum payment.
• Cases where worker have contributed to social insurance for at least 15 years and have relatives (meet the criteria).
• Lump-sum survivor benefits are provided in the following cases:
+ Whave not contributed to compulsory social insurance for 15 years.
+ Workers have contributed to social insurance for 15 years and their eligible relatives do not qualify for monthly survivor benefits .
+ Workers have contributed to social insurance for 15 years and do not have eligible relatives to receive monthly survivor benefits.
+ the social insurance contributions which paid by the unit or other financial sources lead to a lump-sum survivor benefit (as a supplement).
- Harley Miller Law Firm “HMLF”
- Address: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
- Phone: +84 937215585
- Website: hmlf.vn
- Email: miller@hmlf.vn
