DETAIL GUIDANCE ON SUSPENSION OF SOCIAL INSURANCE CONTRIBUTIONS BY ENTITIES AFFECTED BY COVID-19

detail guidance on suspension of social insurance contributions by entities affected by covid-19

Aimed at supporting enterprises badly affected by COVID-19 epidemic to create favorable conditions for quickly overcoming difficulties, Inter-sectoral social insurance agencies, Department of Labor, War Invalids and Social Affairs and Hanoi Department of Finance provided detail guidance on suspension of social insurance contributions by entities affected by COVID-19.

SUBJECTS OF APPLICATION

Subjects of application are employers collectively referred to as enterprises that are facing difficulties caused by the COVID-19 epidemic, resulting in an inability to arrange jobs for workers. In particular, the number of employees participating in compulsory social insurance and taking temporary leave accounts for 50% or more of the total number of present employees before the suspension of production and business; or enterprises suffer losses of more than 50% of the total value of assets caused by the epidemic.

DURATION OF THE POLICY APPLICATION

  • Starting from the month that the enterprises propose and submit full documents to the social insurance agency until June 2020.
  • In the case that by the end of June 2020, the COVID-19 epidemic has not been relieved, if it is needed and requested by enterprises, it may be considered and settled to suspend the payment to the retirement and survivorship fund until December 2020.

REQUIRED PROCEDURES

Step 1: determine the number of employees participating in the social insurance who temporarily leaves their jobs or dossiers of the value of damaged properties

  • For enterprises with the number of employees participating in compulsory social insurance and taking temporary leave accounts for 50% or more of the total number of present employees before the suspension of production and business, shall compile dossiers enclosed a list of employees at the time before suspending production and business and at the time of request; The list of employees participating social insurance must temporarily leave their jobs.
  • For enterprises with enterprises suffer more than 50% of the total value of assets, shall compile a dossier enclosed with the latest minutes of inventory of duly before the time of being damaged; Minutes of inventory of damaged assets due to disease.

Within 15 working days after receiving the enterprise’s request, the Department of Labor, War Invalids and Social Affairs, the Department of Finance will consider, identify and reply in written dossiers to the Enterprises.

Step 2: Apply for suspension of insurance payment

Send a written dossiers request for temporary suspension of payment of insurance enclosed with a certificate of labor reduction or assets damaged to the Department of Labor, War Invalids and Social Affairs, Department of Finance.

Within 05 working days from the receipt of the enterprise’s application, the Social Insurance Agency is responsible for settling the suspension of retirement and survivorship fund contributions; In case of failure, the agency must reply in written dossiers and clearly state the reason.

REQUIRED DOSSIERS

  • Official letter requesting for confirmation of eligibility for suspension of retirement and survivorship fund (form 01a, form 01.b).
  • List of employees present and the list of employees who are participating in social insurance and must temporarily take leave (form No. 02a).
  • The latest inventory of assets reports before the time of being damaged (form No. 02.b).
  • Minutes of inventory of damaged assets due to disease (Form No. 02.c).
  • Relevant documents for comparison include a copy of the enterprise registration certificate; originals (or copies) of papers related to the business suspension of production and business; timesheets, payroll at the time before suspending production and business and at the time of the written official request; papers related to employees temporarily resigning (agreement to postpone employment contract, agreement on unpaid leave, severance allowance …).
LEGAL EXPERT
CEO Dinh Nam Hai, VIVA Business Consulting

CEO - BUSINESS LAWYER

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