Lastest update about Social Insurance Law 2024

The Social Insurance Law 2024 stipulates a separate chapter in the Social Insurance Law 2024 on the management of social insurance collection and payment; clarifying the content and handling of late payment and evasion of social insurance and unemployment insurance; supplementing regulations on the responsibilities of social insurance agencies and relevant agencies in identifying and monitoring subjects participating in compulsory social insurance, urging the implementation of the responsibility to pay compulsory social insurance. Thereby contributing to strengthening legal compliance, protecting the legitimate rights and interests of employees.

1. On determining subjects participating in social insurance

Article 30 of the Social Insurance Law 2024 specifically stipulates the responsibilities of social insurance agencies and ministries, branches and localities in identifying subjects participating in compulsory social insurance and developing subjects participating in voluntary social insurance. At the same time, it is stipulated that the agencies in charge of the national database and specialized databases on labor, population, tax, and business registration are responsible for connecting and sharing information and data related to participants and those eligible to participate in social insurance with the social insurance agency according to the Government’s regulations.

2. Regarding the implementation of social insurance and unemployment insurance payment responsibilities

The social insurance agency must (i) urge in writing; (ii) publicize on the electronic information portal of the social insurance agency the cases of employers delaying or avoiding compulsory social insurance and unemployment insurance; (iii) Send information about employers delaying or avoiding compulsory social insurance and unemployment insurance to the state management agency on social insurance and unemployment insurance and relevant inspection agencies for consideration and handling according to their authority.

Labour Regulations Update: Vietnam’s Social Insurance Law 2024

3. Supplementing regulations on handling late payment and evasion of social insurance and unemployment insurance

The 2024 Social Insurance Law (Articles 38, 39, 40, 41) has clarified the content and handling of late payment and evasion of social insurance and unemployment insurance, specifically:

(1) Late payment of compulsory social insurance and unemployment insurance is the act of the employer: (i) Not paying or not fully paying the amount required to be paid according to the registered compulsory social insurance and unemployment insurance participation records since the latest date of payment of social insurance and unemployment insurance, except for the cases specified in Points d and e, Clause 1, Article 39 of this Law; (ii) Not registering or not fully registering the number of people required to participate in compulsory social insurance and unemployment insurance within 60 days from the date of expiry of the prescribed deadline; (iii) Being in a case that is not considered evasion of payment according to the provisions of Clause 2, Article 39 of this Law (with legitimate reasons).

(2) Evading compulsory social insurance and unemployment insurance is an act of an employer in one of the following cases in which they do not pay or do not fully pay social insurance and unemployment insurance for employees:

(i) After 60 days from the date of expiry of the prescribed period, the employer does not register or does not fully register the number of employees required to participate in compulsory social insurance and unemployment insurance;

(ii) Registering the salary used as the basis for compulsory social insurance and unemployment insurance payment lower than the prescribed amount;

(iii) Not paying or not fully paying the amount registered for compulsory social insurance after 60 days from the latest date of compulsory social insurance and unemployment insurance payment and has been urged by a competent authority according to the provisions of Article 35 of this Law;

(iv) Other cases are considered as evasion of compulsory social insurance and unemployment insurance payment according to the Government’s regulations.

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Social Insurance Law 2024 on the management of social insurance collection and payment

(3) Specific regulations on handling measures for late payment and evasion of social insurance and unemployment insurance: mandatory payment of full amount of late payment and evasion of social insurance and unemployment insurance;

The Law on Social Insurance has assigned the Government to detail Article 39 on evasion of mandatory social insurance and unemployment insurance and stipulates that cases of evasion of payment but with legitimate reasons are not considered evasion of payment.

At the same time, there are transitional regulations for the amount of compulsory social insurance and unemployment insurance that employers are responsible for paying according to the provisions of Law No. 58/2014/QH13, Law on Employment No. 38/2013/QH13, but by the end of June 30, 2025, if they do not pay or do not pay in full, they will be handled according to the regulations on late payment and evasion.

The above is an article on the Social Insurance Law 2024: Strengthening legal compliance, protecting the legitimate rights and interests of employees. If you need further advice on this matter, please contact us.

>>>Read more: Compulsory insurances administration Vietnam law 2024

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