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  • Term:
    Term: min 92 days, max 183 days
  • Loan limit:
    Loan limit: 100 000 - 5 000 000 VND
  • Interest rate:
    Interest rate: 10,95 - 14,6 %/per annum

In case an employee has withdrawn his social insurance once and his social insurance has been withdrawn, can he continue to participate in social insurance? Can the new employer carry out the procedure for re-issuance of the insurance book?

In case an employee has withdrawn his social insurance once and his social insurance has been withdrawn, can he continue to participate in social insurance? Can I withdraw social insurance ? Can the new employer carry out the procedure for re-issuance of the insurance book? All will be answered by CashBerry in this article.

After terminating the labor contract, in addition to the unemployment insurance regime, many employees have a need to have a one-time social insurance (social insurance) regime. However, when settling the one-time social insurance regime, many people do not know if they can withdraw their social insurance premiums or not . If I can continue to participate, what is the procedure to participate? Will the issue of continuing to participate in insurance be affected or not?

CashBerry will help you solve each problem one by one.

First, after withdrawing social insurance money, can it be repaid ?

Article 2 of the 2014 Law on Social Insurance provides for the subjects participating in compulsory social insurance:

1. Employees being Vietnamese citizens are eligible to participate in compulsory social insurance, including:

a) Persons working under an indefinite term labor contract, a definite term labor contract, a seasonal labor contract or a certain job with a term of from full 3 months to less than 12 months , including the labor contract signed between the employer and the legal representative of the person under the age of 15 in accordance with the labor law;

b) Persons working under labor contracts with a term of from full 1 month to less than 3 months;”

Persons who work under a definite-term labor contract, an indefinite-term contract, a seasonal contract or a job with a term of less than 12 months must participate in compulsory social insurance.

Although the employee previously carried out the procedures for one-time social insurance benefits and the social insurance agency has withdrawn the insurance book, if the employee continues to participate in labor and signs a labor contract, are still subject to social insurance participation and continue to pay social insurance premiums.

Thus, after withdrawing the social insurance money once, if there is a need, you can apply for a refund.

After withdrawing social insurance once, you can continue to re-join social insurance if you want

After withdrawing social insurance once, you can continue to re-join social insurance if you want

Second, how to get a new social insurance book?

Employees who, after receiving lump-sum social insurance, continue working and are subject to compulsory social insurance participation, must declare social insurance contributions to continue paying social insurance premiums.

The issue of new social insurance books or getting old social insurance book numbers depends on whether the old social insurance book numbers have been canceled or not. Therefore, you need to ask them to provide information and look it up on the insurance database.

If there is still information about the old social insurance book number, it must be paid on that old book number. If that book number has been canceled, it will be possible to declare and issue a new book. 

Dossier to apply for a social insurance book:

For employees working at the unit:

- Declaration of participation, adjustment of information on social insurance and health insurance (Form TK1-TS).

- In case the employee is entitled to higher health insurance benefits: additional proofs (if any) according to Appendix 03 (Decision 595/QD-BHXH)

For units:

- Declaration of participating units, adjustment of information on social insurance and health insurance (Form TK3-TS).

- List of employees participating in social insurance, health insurance, unemployment insurance, occupational accident and occupational disease (Form D02-TS).

- List of information (Form D01-TS).

In case of leaving the old company for a while, then go back to work, how to continue paying social insurance ?

How to pay for social insurance ?

There are people who quit their jobs, because of financial difficulties, so the payment of social insurance is interrupted . So, how to continue participating in social insurance when you have found a stable job.

Article 3 of the Law on Social Insurance 2014 clearly states that the period of payment of social insurance premiums is the time from the time the employee starts paying social insurance premiums until the time he stops paying. In case employees pay social insurance premiums intermittently, the period of social insurance payment is the total time of paying social insurance premiums.

When you quit your job, if you continue to work at the new company, you will submit your social insurance book to the new company so that they can continue to pay social insurance premiums for you.

Specifically, Article 46 of Decision 595/QD-BHXH stipulates the issuance and management of social insurance books, recording and certifying the time of payment of social insurance, unemployment insurance, occupational accident and occupational disease insurance in the social insurance book.

The content recorded in the social insurance book must be adequate for each period corresponding to the payment rate and working conditions of the participants of social insurance, unemployment insurance, occupational accident and disease insurance (including the time when the employee is not working and not receiving salary). from 14 working days or more in a month, such as taking sick leave, maternity leave, unpaid leave, temporary suspension of labor contracts).

According to the above provisions, the contents of the book will be fully recorded in each period corresponding to the level of payment.

You need to contact the social insurance agency for detailed instructions on how to connect to social insurance

You need to contact the social insurance agency for detailed instructions on how to connect to social insurance

In addition to needing to understand the issues related to the social insurance book, the procedure for continuing to pay social insurance after withdrawing once, you should also update the new policies of the social insurance in the coming years.

What's new in the social insurance policy in 2022?

Just over a month left until the new year. The next year 2022 will mark many changes in social insurance policies that directly affect the interests of employees. So what are the changes?

1/ Increase the retirement age of employees compared to 2021

Article 169 of the Labor Code 2019 stipulates the retirement age of employees working under normal conditions as follows:

The retirement age of employees under normal working conditions is adjusted according to the roadmap until they reach 62 years old for male employees in 2028 and 60 years old for female employees in 2035.

From 2021, the employee's retirement age under normal working conditions is full 60 years and 03 months for male employees and full 55 years and 04 months for female employees; after that, each year increases by 03 months for male employees and 04 months for female employees.

Accordingly, by 2022, the retirement age of employees working in normal conditions will change as follows:

- Male employees: From full 60 years old and 06 months (Increasing 3 months compared to 2021).

- Female employees: From full 55 years old 08 months (Increase 04 months compared to 2021).

2/ Change the calculation of the male employee's pension

Pursuant to the 2014 Law on Social Insurance, the employee's pension is calculated according to the following general formula:

Pension = Enjoyment rate x Average monthly salary on which social insurance premiums are based

The pension in 2022 is still calculated according to the above formula, but the method of determining the pension enjoyment rate for male employees will be adjusted.

Specifically, Article 56 of the Law on Social Insurance 2014 provides:

2. From January 1, 2018, the monthly pension of employees who fully meet the conditions specified in Article 54 of this Law is equal to 45% of the average monthly salary on which social insurance premiums are based specified in Article 54 of this Law. 62 of this Law and corresponding to the number of years of paying social insurance premiums as follows:

a) Male employees will retire for 16 years in 2018; 17 years in 2019; 18 years in 2020; 19 years in 2021; 20 years from 2022 onward;

After that, for each additional year, the employees specified at Points a and b of this Clause will be charged an additional 2%; up to 75%.

According to the above regulations, male employees who retire in 2022 must pay social insurance contributions for full 20 years to receive the rate of 45%. Meanwhile, in 2021, only need to pay social insurance for 19 years, male employees will enjoy 45%.

With this new calculation, male employees who retire in 2022 and pay full 20 years will only enjoy a pension equal to 45% of the average monthly salary on which social insurance premiums are based. And to enjoy the maximum rate of 75%, male employees must pay social insurance contributions for 35 years or more (in 2021, only 34 years or more will be required).

Need to update the Labor Law, social insurance policy to know your rights and obligations

Need to update the Labor Law, social insurance policy to know your rights and obligations

3/ Adjustment of social insurance contributions of enterprises and employees

In 2021, the Government issued a series of support policies to help people and businesses affected by the Covid-19 pandemic, including Resolution 68, as amended by Resolution 126. and Resolution 116.

With the application of support policies, the social insurance premium rate will continuously change in 2022. Specifically:

* Vietnamese workers and enterprises employing Vietnamese workers:

Time

Enterprise

Vietnamese workers

Social insurance

UI

Health insurance

Social insurance

UI

Health insurance

Retirement-survival

Maternity sickness

Occupational accidents and occupational diseases

Retirement-survival

Maternity sickness

Occupational accidents and occupational diseases

The current

14%

3%

0%

0%

3%

8%

-

-

first%

1.5%

From July 1, 2022 - the end of September 30, 2022

14%

3%

0.5 or 0.3%

0%

3%

8%

-

-

first%

1.5%

From October 1, 2022 onward

14%

3%

0.5 or 0.3%

first%

3%

8%

-

-

first%

1.5%

* Foreign workers and enterprises employing foreign workers:

Time

Enterprise

Foreign workers

Social insurance

UI

Health insurance

Social insurance

UI

Health insurance

Retirement-survival

Maternity sickness

Occupational accidents and occupational diseases

Retirement-survival

Maternity sickness

Occupational accidents and occupational diseases

The current

-

3%

0%

-

3%

-

-

-

-

1.5%

From January 1, 2022 - the end of June 30, 2022

14%

3%

0%

-

3%

8%

-

-

-

1.5%

From 1/7/2022 onwards

14%

3%

0.5 or 0.3%

-

3%

8%

-

-

-

1.5%

Pursuant to: Decision 595/QD-BHXH 2017, Decree No. 58/2020/ND-CP, Decree 143/2018/ND-CP, Resolution 68/NQ-CP, Resolution 116/NQ-CP.

4/ From 2022, foreign workers are entitled to one-time social insurance when leaving work

According to Clause 2, Article 17 of Decree 143/2018/ND-CP, the one-time social insurance scheme of foreign workers will be applied from January 1, 2022.

Therefore, based on Clause 6, Article 9 of this Decree, foreign workers participating in social insurance will be entitled to receive one-time social insurance upon request if they fall into one of the following cases:

1 - Having reached the retirement age but have not yet paid full 20 years of social insurance payment.

2 - Having a life-threatening disease such as: cancer, polio, cirrhosis of the liver, leprosy, severe tuberculosis, HIV infection that has turned to AIDS and other diseases as prescribed by the Ministry of Health.

3 - Eligible for pension but do not continue to reside in Vietnam.

4 - The labor contract is terminated or the work permit, practice certificate or practice permit expires without being renewed.

Thus, if, after terminating the labor contract, there is a need to withdraw the one-time social insurance, the foreign worker can make a dossier of request for entitlement according to regulations.

The above are useful shares to help you answer your questions. Can I withdraw social insurance ? The answer is yes! In addition, to update the latest information about social insurance, banking or consumer loans , you can follow the articles on CashBerry Fanpage . Merry Christmas!

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