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Compulsory social insurance (SI) is a type of social insurance organized by the State in which employees and employers must participate (according to Clause 2, Article 3 of the Social Insurance Law 2014). This is a non-profit type of insurance, aimed at social security, helping to ensure that employees have income when they cannot work due to illness, disease, maternity, or old age.
Accordingly, when employees participate in compulsory social insurance, they will enjoy the following benefits:
1. Benefits that employees enjoy when participating in compulsory social insurance
1.1. For employees who are Vietnamese citizens
According to Article 18 of the Law on Social Insurance 2014, the rights of employees participating in compulsory social insurance include:
(i) Participate in and enjoy social insurance benefits, specifically the following benefits:
- Sick;
- Maternity;
- Work accidents, occupational diseases;
- Retirement;
- Death.
(ii) Issued and managed social insurance books.
(iii) Receive pension and social insurance benefits in full and on time, in one of the following payment methods:
- Directly from the social insurance agency or service organization authorized by the social insurance agency;
- Through the employee's deposit account opened at the bank;
- Through the employer.
(iv) Enjoy health insurance in the following cases:
- Receiving pension;
- During maternity leave for childbirth or adoption;
- Take leave to receive monthly occupational accident and disease benefits;
- Currently receiving sick leave benefits for employees with illnesses on the List of illnesses requiring long-term treatment issued by the Ministry of Health.
(v) To proactively go for medical examination to determine the level of reduced working capacity if the employee has a work-related accident or occupational disease and after the injury or disease relapses, has been treated and stabilized and is reserving the time to pay social insurance; to be paid for medical examination if eligible for social insurance.
(vi) Authorize another person to receive pension and social insurance benefits.
(vii) Every 6 months, the employer shall provide information on social insurance contributions; every year, the social insurance agency shall confirm the social insurance contributions; the employer and the social insurance agency shall be requested to provide information on social insurance contributions and benefits.
(viii) Complaints, denunciations and lawsuits regarding social insurance according to the provisions of law.
1.2. For employees who are foreign citizens
According to Article 3 of Decree 143/2018/ND-CP, foreign employees are entitled to full benefits when participating in compulsory social insurance like Vietnamese employees (mentioned in Section 1 above).
2. Responsibilities of employees when participating in compulsory social insurance
Pursuant to Article 19 of the Law on Social Insurance 2014 and Article 3 of Decree 143/2018/ND-CP, employees (including Vietnamese citizens and foreign citizens) participating in compulsory social insurance must have the following responsibilities:
- Pay social insurance according to the provisions of the Social Insurance Law 2014.
- Implement regulations on social insurance records.
- Keep social insurance book.
Article 5. Principles of social insurance - Law on Social Insurance 2014 1. Social insurance benefits are calculated based on the contribution level, social insurance contribution period and are shared among social insurance participants. 2. The compulsory social insurance contribution rate is calculated based on the employee's monthly salary. The voluntary social insurance contribution rate is calculated based on the monthly income level chosen by the employee. 3. Employees who have both compulsory and voluntary social insurance payment periods are entitled to retirement and death benefits based on the period of social insurance payment. The period of social insurance payment that has been calculated for one-time social insurance payment is not included in the period used as the basis for calculating social insurance benefits. 4. The social insurance fund is managed centrally, uniformly, publicly and transparently; used for the right purposes and accounted for independently according to the component funds, groups of subjects implementing the salary regime prescribed by the State and the salary regime decided by the employer. 5. The implementation of social insurance must be simple, easy, convenient, ensuring timely and full benefits for social insurance participants. |
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