Công văn 1616/BHXH-BT

To: Social Insurance of provinces and centrally-affiliated cities

According to the report of Social Insurance of provinces and cities and the result of inspection of collection of Vietnam Social Insurance, a number of Social Insurance units of provinces have collected the arrears of compulsory insurance recently from enterprises and employees improperly such as incorrect subjects and salary and wage paid for social insurance, dossiers and procedures inconsistently with the instructions of Vietnam Social Insurance. Particularly, the first reason is due to employers and employees that have not grasped the regulations of law and instructions of Social Insurance agencies; a number of cases of dossiers deliberately forged for profits. As a consequence of this, there appear negative issues and difficulties at localities, long-lasting and unduly complaints complicating the settle process.

To remedy the above situation in accordance with regulations of the Law on Social Insurance, the Vietnam Social Insurance hereby requires the Social Insurance of provinces and cities:

1. To inspect, review and re-organize the arrears collection of social insurance at localities: Focus on reviewing dossiers relating to the cases of arrears collected but now under payment of social insurance or closing social insurance book to reserve the time or now entitled to monthly social insurance; identifying cases of arrears collection of wrong subjects or improper or incomplete dossiers to have measures to handle and settle rationally on the basis of law on social insurance and instructions of Vietnam Social Insurance; explaining policies of law to the units or individuals that have committed violation to understand and comply with regulations of law voluntarily.

Where the units or individuals that have committed violation but complied with regulations of law voluntarily, they shall be settled as follows: In case of proper or complete dossiers, these units or individuals should supplement or complete them as stipulated. In case of arrears collection of wrong subjects, these units or individuals should be refunded; adjusting or revoking social insurance books. In case of wrong arrears collection but the enjoyment of social insurance has been settled, there must be a decision issued to adjust or cancel the decision on enjoyment of pension or monthly subsidy of social insurance and revoke the amount of money received improperly;

Where the units or individuals have not complied or deliberately committed violation or for cases of complex development or related to a lot of persons, units, the social insurance agency should record and report these cases to the local competent authorities for inspection and handling as stipulated by law;

2. Seriously rebuking collectives and individuals for the occurrence of violation; reviewing and evaluating the cause and consequence of each specific case to have prescribed sanction while learning experience and rectify mistakes or loopholes in management of collection of social insurance;

3. From May 01, 2011, only cases below are considered for arrears collection of social insurance:

a. Units that have paid social insurance not in accordance with salary or wages of employees as specified in the provisions of the Law on Social Insurance.

b. Units that have committed regulations of law on social insurance have been sanctioned and required to pay the arrears of social insurance (decision on handling of administrative violation on social insurance of Chairman of People’s Committee at all levels and decision of inspection agency or court).

c. Units that request the payment of arrears of social insurance for the time of working of less than 03 months of their employees currently working at these units.

Directors of Social Insurance of provinces and cities are required to strictly comply with this official Dispatch. Any difficulty arising during the implementation should be reported to the Vietnam Social Insurance for review and settlement.