General provisions

General provisions

Article 1. Scope

This law provides for the regime, social insurance policies; rights and responsibilities of workers, the employer; agencies, organizations and individuals related to social insurance, organization of collective labor representatives, organizations representing employers person; social insurance agencies; social insurance funds; procedures for implementation of social insurance and state management of social insurance.

Article 2. Subjects of application

1. The employee is the Vietnam citizen participation subject to compulsory social insurance, including:

a) Persons working under a labor contract with indefinite term labor contract indefinite term labor contract for seasonal work or at a certain term of between full 03 months and under 12 months , including labor contracts are signed between the employer with legal representatives of a person under the age of 15 as stipulated by labor legislation;

b) Persons working under labor contracts with a term of 01 months to less than 03 full months;

c) Officials and public servants;

d) Workers of defense and police workers, other workers in the organization cipher;

e) officers and professional soldiers of the People's Army; officers, professional noncommissioned officers, officers, non-commissioned officers technical expertise People's Police; who work as salaried cipher for soldiers;

e) Non-commissioned officers and soldiers of the People's Army; commissioned officers and soldiers of the People's Police served a term; student army, police or cipher is attending enjoy subsistence;

g) The working abroad under contracts stipulated in the Law on Vietnam workers to work abroad under contracts;

h) The business managers, executive managers of cooperatives may receive wages;

i) The activity in communes, wards and towns.

2. The employee is a foreign citizen to work in Vietnam have a work permit or a practicing certificate, or licensed by the competent authorities of Vietnam are participating in compulsory social insurance as stipulated by the Government.

3. The employers participating in compulsory social insurance including state agencies, business units, people's armed units; political organizations, political organizations - social, political and social organizations - professional, social organizations - professional, social organizations; agencies and foreign organizations, international organizations operating in the territory of Vietnam; enterprises, cooperatives and individual business households, cooperatives and other organizations and individuals who hire or employer according to the labor contract.

4. Persons engaged in voluntary social insurance are citizens from Vietnam 15 years of age or older and are not subject to the provisions in paragraph 1 of this Article.

5. Agencies, organizations and individuals related to social insurance.

The object specified in paragraphs 1, 2 and 4 of this Article hereinafter referred to as workers.

Article 3. Definitions

In this Law, the following terms are construed as follows:

1. Social Security is the guarantee to replace or partially offset the income of workers when they lost or reduced income due to sickness, maternity, labor accidents and occupational diseases, all working age or death, based close to the social insurance fund.

2. compulsory social insurance is a form of social insurance organized by the State for which the employee and the employer must participate.

3. Voluntary social insurance is a form of social insurance organizations by the State which participants are selected premium level, modes of payment in line with their income and state support policy premiums social insurance to participants entitled to retirement and survivorship.

4. Social Insurance Fund is an independent fund to finance the state budget, which was formed from the contributions of workers, employers and the support of the State.

5. Time is the social insurance contribution is calculated from the time when the employee started the social insurance contributions until the cessation of payment. Where the employee social insurance contributions are not continuous, the period of social insurance contribution is the total time social insurance contribution.

6. Relatives are offspring or adopted children, spouse, father, mother, adoptive father, adoptive mother, fathers-in-law, wife or mother in law's mother who participated in social insurance or other members in households where the social insurance obligations are nurtured under the provisions of the law on marriage and family.

7. supplementary pension insurance is social insurance policy voluntary nature aimed complement pension regime in the compulsory social insurance, there is a mechanism to create a fund from contributions from employee and the employer in the form of individual savings accounts, be preserved and accumulated through investment activities in accordance with law.

Article 4. The social insurance scheme

1. compulsory social insurance has the following modes:

a) Sickness;

b) Maternity;

c) occupational accidents and occupational diseases;

d) Retirement;

e) death.

2. Voluntary social insurance has the following modes:

a) Retirement;

b) death.

3. supplementary pension insurance by government regulations.

Article 5 Principles of social security

1. Social insurance benefits are calculated on the basis of premiums, while social insurance contributions and shared among the participants of social insurance.

2. The level of social insurance contributions required to be calculated on the basis of the monthly salaries of the employees. Social insurance premiums are calculated on a voluntary basis by the monthly income employees choose.

3. Employees just have paid compulsory social insurance both have paid voluntary social insurance are entitled to pension and death allowance based on time social insurance contribution. Time social insurance contributions are entitled to social insurance shall not be included in a time period as a basis for calculation of the social insurance regime.

4. Social Insurance Fund is managed centrally, unified, open and transparent; properly used and accounted purposes independent component funds, the target groups perform wage regime prescribed by the State and by the salary regime decided employer.

5. The implementation of social insurance should be simple, easy, convenient, ensure the timely and full participation rights of social insurance.

Article 6 of the State policy on social insurance

1. To encourage and create conditions for agencies, organizations and individuals to participate in social insurance.

2. Support of participants in voluntary social insurance.

3. Protection of the social insurance fund and take measures to preserve and develop the fund.

4. Encourage employers and employees participate in additional pension insurance.

5. prioritize investment in development of information technology in the management of social insurance.

Article 7. Contents of state management of social insurance

1. Promulgating and organizing the implementation of legal documents, strategies, social insurance policies.

2. To propagate and disseminate policies and laws on social insurance.

3. Implementation of the statistical information on social insurance.

4. The organization of the implementation of social insurance; training, training of human resources working in social insurance.

5. Management of revenues and expenditures, preserve, develop and balance the social insurance fund.

6. To inspect and supervise the observance of the law on social insurance; settling complaints and denunciations and handle violations of the law on social insurance.

7. International cooperation on social insurance.

Article 8. State management agency on social insurance

1. The Government unifies state management of social insurance.

2. The Ministry of Labour - Invalids and Social Affairs is responsible before the Government for performing the state management of social insurance.

3. Ministries and ministerial agencies within the duties and exercise their powers in managing state social insurance.

4. Vietnam Social Insurance participated, in collaboration with the Ministry of Labour - Invalids and Social Affairs, Ministry of Finance, the People's Committees of provinces and centrally-run cities (hereinafter collectively referred to as provincial level) real management of revenue and expenditure, preserve, develop and balance the social insurance fund.

5. People's Committees at all levels perform the state management of social security in their localities as assigned by the Government.

Article 9. To modernize the social insurance management

1. The State shall encourage investment in technology development and advanced technical means to manage and implement social insurance.

2. In 2020, the completion of the construction and operation of electronic databases on management of social insurance in the country.

Article 10. Responsibility of the Minister of Labour - Invalids and Social Affairs on social insurance

1. Develop strategy, planning, development plans for social insurance.

2. Develop policies and laws on social insurance; The state agency authorized to issue or promulgate according to its competence legal documents on social insurance.

3. Develop and submit to the Government development targets participants of social insurance.

4. To propagate and disseminate policies and laws on social insurance.

5. To direct, guide and organize the implementation of policies and laws on social insurance.

6. To inspect, examine and handle violations of the law, settling complaints and denunciations about social insurance, except for the provisions of Clause 2, Article 11 of this Law.

7. Submit to the Government decision remedial measures in case of necessity to protect the rights and legitimate interests of social insurance of workers.

8. Implementation of the statistical information on social insurance.

9. Organise training, training in social insurance.

10. To organize scientific research and international cooperation for social insurance.

11. Every year, the government reports on the implementation of social insurance.

Article 11. Responsibility of the Minister of Finance of the social insurance

1. Develop and submit to government agencies authorized to issue or issued under the authority of financial management mechanism of social insurance; cost management of social insurance.

2. To inspect, examine and handle violations of the law and settlement of complaints and denunciations implementing financial management of social insurance.

3. Every year, submit a report on the management and use of the social insurance fund for the Minister of Labour - Invalids and Social Affairs for review and report to the Government.

Article 12. Responsibilities of People's Committees at all levels of social insurance

1. To direct and organize the implementation of policies and laws on social insurance.

2. Develop criteria developed subjects of social insurance participation in the economic development plans - the annual Social Council decided at the same level.

3. To propagate and disseminate policies and laws on social insurance.

4. To inspect, examine and handle violations of the law and settlement of complaints and denunciations about social insurance.

5. Propose to the competent state authorities to amend and supplement policies and laws on social insurance.

Article 13. Social Insurance Inspectorate

1. Labour inspection - Invalids and Social Affairs performs the function of specialized inspection on the implementation of policies and laws on social insurance in accordance with the law on inspection.

2. Financial Inspectorate shall perform the function of specialized inspection on the financial management of social insurance in accordance with the law on inspection.

3. Social Insurance Agency to perform the function of specialized inspection of social insurance contributions, unemployment insurance and health insurance in accordance with this Law and other provisions of relevant laws.

4. The Government shall detail this Article.

Article 14. The rights and responsibilities of trade unions, the Vietnam Fatherland Front and its member organizations of the Front

1. Trade union organizations have the following rights:

a) protect the rights, interests and legitimate workers' social insurance;

b) Ask the employer, social insurance agencies to provide information on social security of workers;

c) Monitor and make recommendations to the competent bodies to handle violations of law on social insurance;

d) Run the court proceedings for violations of the law on social insurance affect the legitimate rights and interests of laborers and labor collectives in accordance with Clause 8 of Article 10 of the Law Union.

2. Trade union organizations have the following responsibilities:

a) To propagate and disseminate policies and laws on social insurance for employees;

b) Join the inspection and examination of the implementation of the law on social insurance;

c) To propose, participate in the construction, modification, additional policies and laws on social insurance.

3. The Vietnam Fatherland Front and its member organizations of the Front within the function, his duties shall be responsible advocacy, mobilizing people, trade unionists, members implement policies and laws social insurance, actively participate in social insurance schemes suit themselves and their families; involved in defending the rights and legitimate interests, legitimate trade union members, membership; social debate, engaging with government agencies in the formulation of policies and laws on social insurance; supervising the implementation of policies and laws on social insurance as prescribed by law.

Article 15. Rights and responsibilities of organizations representing employers who

1. Organizations representing employers who have the following rights:

a) To protect the legitimate rights and interests of the employers who participate in social insurance;

b) To propose competent state agencies to handle violations of law on social insurance.

2. Organizations representing employers who have the following responsibilities:

a) To propagate and disseminate policies and laws on social insurance for employers;

b) Join inspect and supervise the implementation of the law on social insurance;

c) To propose, participate in the construction, modification, additional policies and laws on social insurance.

Article 16. Reporting regime, audit

1. Every year, the government report to Congress on the implementation of policies and social security regimes, management and use of social insurance funds.

2. Every three years, the State Auditor to conduct audits of social insurance funds and report the results to Congress. At the request of Congress, the National Assembly Standing Committee and the Government, the social insurance fund is extraordinary audit.

Article 17. Prohibited Acts

1. The social insurance contribution evasion compulsory unemployment insurance.

2. Slow pay social insurance, unemployment insurance.

3. Taking premiums, enjoy social insurance, unemployment insurance.

4. Fraud, forged documents in the implementation of social insurance, unemployment insurance.

5. Use social insurance fund, unemployment insurance fund unlawful.

6. Obstructing, causing trouble or harm to the rights, interests and legitimate by employees, the employer.

7. Access, unlawful exploitation of databases on social insurance, unemployment insurance.

8. false report; provide information and data inaccurate social insurance, unemployment insurance.



Legislation

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Here are 06 new policies in the field of taxes and fees came into effect from 11th - 08.20.2016. 1. New guidelines on value-added tax refund (VAT) According to Circular 99/2016 / TT-BTC (effective from 08.13.2016), the time limit for VAT refund for VAT refund cases before examination be ...

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Dated 07.15.2016, the State Auditor General signed Decision 02/2016 / QD-SAV promulgating auditing standards system state. Whereby: You Nguyen - The system includes 39 state audit standards and Glossary used in the system of state audit standards, with the codes and specific name. - To ...

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