Employees in enterprises who owe irrecoverable social insurance (SI) will have their benefits calculated based on the actual number of years of payment, not including the time of debt.
Vietnam Social Security has just issued an official dispatch instructing local Social Security agencies to handle retirement, one-time social insurance, sickness, maternity, and death benefits for employees of bankrupt enterprises and runaway owners according to the principle of "paying as much as you receive". The handling is based on instructions from the Ministry of Labor, War Invalids and Social Affairs.
Workers who used to work at TBO Vina Company gathered in front of the Da Nang City Administrative Center to submit a petition to be paid their social insurance debt because the owner had fled, March 2023. Photo: Hong Chi
Regarding retirement , employees who are of retirement age and have actually paid social insurance for 20 years or more, not including the time of social insurance debt, will receive pension at the time of eligibility. If the enterprise later pays the social insurance debt or has other financial sources to supplement, this time will be added to recalculate the benefit level and pay the difference.
People who are of retirement age and have participated in social insurance for less than 20 years, including more than 10 years of actual contributions, can voluntarily make a one-time payment for the missing years to receive pension. The time of receiving pension is calculated from the first day of the month following the month of full payment.
If the debt is later compensated by the enterprise or supplemented by other financial sources, the social insurance agency will add the debt period to recalculate the benefit level and pay the difference. However, the amount voluntarily paid by the employee for the remaining years will not be refunded.
One-time social insurance benefits are paid in the following cases: Employees working under normal conditions, who have not paid 20 years of social insurance (including the period of debt); people settling abroad; people suffering from one of the life-threatening diseases as prescribed by the Ministry of Health ; officers, professional soldiers, professional non-commissioned officers, people working in the key positions in the armed forces who are demobilized, discharged, or quit their jobs without meeting the conditions for pension; employees paying compulsory social insurance after one year of unemployment and people paying voluntary social insurance after one year of not paying again but have not paid for 20 years.
The lump sum benefit is calculated based on the actual number of years of contributions, not the period of debt. If the debt is later paid by the enterprise or other financial sources, it will be settled as a one-time supplement to the social insurance.
Similarly, sick leave and maternity leave are also resolved on the actual payment time. For employees who give birth or adopt a child and the enterprise still owes insurance money, they will still receive benefits if they have paid 6 months or more into the Sickness and Maternity Fund. If the debt is paid later, the employee's benefit level will be adjusted.
The death benefit is settled for those who have paid compulsory social insurance for 12 months or more or the total period of compulsory and voluntary payment is 60 months or more, not including the period of debt. Employees who have actually paid compulsory social insurance for 15 years or more, and have relatives who are eligible for monthly death benefits but do not want to receive them all at once, will receive them monthly.
The one-time death benefit is paid to employees who have not paid 15 years of compulsory social insurance; those who have paid 15 years or more; those who have paid 15 years or more but do not have relatives eligible for monthly death benefit. If the social insurance debt is later paid, the employee will be paid an additional one-time death benefit as with one-time social insurance.
According to statistics from the Vietnam Social Security, by the end of 2022, there were more than 2.13 million workers nationwide whose businesses had delayed paying social insurance from one to less than three months; 440,800 people owed payments for three months or more and nearly 213,400 people had their books "suspended" at dissolved or inactive businesses, with social insurance debts that were difficult to collect. The number of people who are owed social insurance accounts for 17.4% of the total number of workers participating in compulsory social insurance.
Late payments occur in all types of businesses with interest charges of more than VND 13,150 billion. Compared to 2021, late payments with interest charges increased by more than VND 660 billion. Particularly, the amount of debt that is difficult to collect at bankrupt, dissolved, inactive businesses, and absconding owners is more than VND 4,000 billion.
How to check the time of social insurance debt payment on the VssID application. Photo: BHXHVN
Employees can check the time of late payment, social insurance debt, unemployment insurance debt through the VssID application. In the Participation Process section, if the system displays the time of unpaid payment, the user chooses to view Details to know whether the business owes payment or not and the time of debt.
Hong Chieu
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