Name of recommendations: A recommendation on the inadequate implementation of the Decision No. 595 / QD-BHXH dated April 14, 2017 of the General Director of Vietnam Social Security issued a process of collecting social insurance (SI), health insurance (HI), unemployment insurance

Status: Has not been responded

Recommended by units: The Vietnam Association of Seafood Exporters and Producers (VASEP)

Official letter: No 0139A/PTM - VP, dated: 2018-01-23

Recommended contents:

Recommendation: To allow businesses not paying social insurance whenemployees do not work and do not enjoy salary from 11 working days or more in the month according to the Decision 959 / QD-BHXH

Reasons for the recommendation:

Point 1.7, Clause 1, Article 38 of the Regulation No. 959 / QD-BHXH dated September 9, 2015 of the General Director of the Vietnam Social Security stated: "The employee does not work and does not enjoy salary from 14 working days or more  in the month, do not pay social insurance that month. This period is not counted for social insurance’s enjoyment, except for maternity leave ... "

Such regulation means that "employees who work for only 12 days or more in a month shall pay social insurance premiums that month." Therefore, the company has to pay social insurance with very large amounts for employees who leave from 05 to 13 days / month, with the majority of days off from 11-13 days / month.

In terms of the nature of the problem, employees do not work, they have no incomes, so they do not have money to pay social insurance; If a business has more employees taking sick leave, leave by personal reasons,  damages for that business are heavier. Thus, the law of social insurance invisibility has lost its meaning of social security.