WEBVTT 00:00:08.637 --> 00:00:11.617 Welcome back to the Labor Law legal advice program. 00:00:12.057 --> 00:00:15.988 Dear all, the Social Insurance Law 2024 will officially take effect 00:00:15.988 --> 00:00:17.417 from May 1, 2025. 00:00:18.037 --> 00:00:21.237 In this law, there are many new points practically related to the rights of workers. 00:00:21.897 --> 00:00:24.954 To better understand these regulations, we had a conversation with 00:00:24.954 --> 00:00:26.177 lawyer Nguyen Van Hau, 00:00:26.477 --> 00:00:29.437 Member of the Standing Committee, Head of the Media Department of the Vietnam Bar Federation. 00:00:30.177 --> 00:00:33.277 Thank you lawyer for accepting to attend today's program of Labor Literature. 00:00:33.562 --> 00:00:38.602 Yes, hello everyone watching the legal advice program of the special newspaper. 00:00:38.945 --> 00:00:42.287 Dear lawyer, currently many workers receive social insurance at one time 00:00:42.287 --> 00:00:45.325 instead of reserving social insurance participation time to receive pension. 00:00:45.665 --> 00:00:49.017 So how is the regulation on receiving social insurance at one time regulated 00:00:49.017 --> 00:00:50.565 in the 2024 social insurance law? 00:00:50.885 --> 00:00:52.885 And what advice does the lawyer have for workers? 00:00:53.272 --> 00:00:58.522 Yes, during the consulting process for the Labor newspaper, many readers also 00:00:58.522 --> 00:01:00.272 asked about this question. 00:01:00.812 --> 00:01:03.132 Here we would like to answer like this. 00:01:03.932 --> 00:01:07.727 According to the provisions of Article 70, Article 1 of the new 00:01:07.727 --> 00:01:08.992 Social Insurance Law 2024, 00:01:09.732 --> 00:01:14.142 then we have a regulation on a subject specified in account 1, article 2 of 00:01:14.142 --> 00:01:15.612 the new social insurance law 00:01:15.612 --> 00:01:20.370 If you have stopped participating in insurance but have a request, you are 00:01:20.370 --> 00:01:22.932 entitled to receive social insurance one time. 00:01:23.672 --> 00:01:27.232 If that person falls into one of the following cases according to the law, 00:01:28.072 --> 00:01:30.072 That is the social insurance law 2014. 00:01:30.452 --> 00:01:35.346 One is to be old enough to receive a pension but not have paid social 00:01:35.346 --> 00:01:36.652 insurance for 15 years. 00:01:37.352 --> 00:01:41.592 In case the employee does not receive social insurance at one time, 00:01:41.592 --> 00:01:49.415 can choose to receive monthly benefits as prescribed in Article 23 of the new 00:01:49.415 --> 00:01:51.092 Social Insurance Law. 00:01:51.772 --> 00:01:53.252 Two, it is the workers. 00:01:53.272 --> 00:01:54.712 Those are workers who go abroad to settle down. 00:01:55.172 --> 00:02:01.198 And the third is a person who is suffering from one of the following 00:02:01.198 --> 00:02:03.780 diseases: cancer, paralysis, decompensated cirrhosis, severe 00:02:03.780 --> 00:02:05.072 tuberculosis or hypertension. 00:02:06.212 --> 00:02:11.712 Fourth, these are people who have a working capacity reduction of 81% or more. 00:02:12.232 --> 00:02:14.532 Or those with particularly severe disabilities. 00:02:15.372 --> 00:02:20.526 And the fifth thing is that the employee has a period of social insurance payment 00:02:20.526 --> 00:02:22.932 before the date of social insurance law. 00:02:23.272 --> 00:02:30.472 Effective after 12 months, not subject to social insurance participation. 00:02:30.972 --> 00:02:33.952 Compulsory but not voluntary social insurance participation. 00:02:34.512 --> 00:02:38.112 And the time of social insurance payment is less than 20 years. 00:02:38.832 --> 00:02:44.481 And another point is the case that the social insurance law stipulates in 00:02:44.481 --> 00:02:48.392 Article 2 of the social insurance law in 2024. 00:02:48.392 --> 00:02:52.372 There is a rule that when a service member sleeps before retiring, he quits his job. 00:02:52.372 --> 00:02:57.352 Not subject to compulsory social insurance, nor voluntary social 00:02:57.352 --> 00:03:00.672 insurance, and not eligible for pension. 00:03:00.672 --> 00:03:07.827 And my friends, our point of view is that workers should not receive social 00:03:07.827 --> 00:03:09.872 insurance at one time. 00:03:09.872 --> 00:03:13.872 But should always keep the time participating in social insurance. 00:03:13.872 --> 00:03:17.872 For what? To get a pension when we are old. 00:03:17.872 --> 00:03:24.372 And this, experience shows, will ensure that the people fully enjoy the social 00:03:24.372 --> 00:03:27.872 security policies of our party and country. 00:03:27.872 --> 00:03:36.053 And at the same time, that pension, it will help you, will also partly support 00:03:36.053 --> 00:03:39.872 our family life in our comfortable years. 00:03:39.872 --> 00:03:43.872 Therefore, we, in our opinion, should not receive social insurance. 00:03:43.872 --> 00:03:45.872 And once. 00:03:45.872 --> 00:03:47.872 Because this is also like a savings. 00:03:47.872 --> 00:03:52.460 So that when we are old, we will enjoy the social security policies of 00:03:52.460 --> 00:03:53.772 our party and country. 00:03:54.847 --> 00:03:58.851 Dear lawyer, can you please tell us more specifically about the new subjects who 00:03:58.851 --> 00:04:01.997 will be participating in compulsory social insurance and the new benefits 00:04:01.997 --> 00:04:03.427 for voluntary social insurance participants? 00:04:03.925 --> 00:04:10.559 Dear friends, this is also stipulated in Clause 1, Article 2 of the Social 00:04:10.559 --> 00:04:16.718 Insurance 2024. There is a provision to add a subject to participate in 00:04:16.718 --> 00:04:21.930 compulsory Social Insurance, including the owners of family box businesses that 00:04:21.930 --> 00:04:23.825 have registered their business. 00:04:23.825 --> 00:04:39.415 There is a provision to add a subject to participate in compulsory social 00:04:39.415 --> 00:04:51.407 insurance, including the owners of family box businesses that have 00:04:51.407 --> 00:04:53.805 business registration. 00:04:53.825 --> 00:05:04.413 There is a provision to add a subject to participate in compulsory social 00:05:04.413 --> 00:05:12.557 insurance, including the owners of family box businesses that have 00:05:12.557 --> 00:05:14.185 business registration. 00:05:15.796 --> 00:05:18.536 Yes, sir, an issue that many workers are also concerned about. 00:05:18.536 --> 00:05:22.156 This is the situation of late payment and evasion of social insurance payment by business owners. 00:05:22.156 --> 00:05:24.116 greatly affect the rights of workers 00:05:24.116 --> 00:05:27.796 So what are the acts of late payment and evasion of social insurance payment by business owners? 00:05:27.796 --> 00:05:30.976 How will be punished under the 2014 Social Insurance Law? 00:05:31.777 --> 00:05:38.137 Yes, my friends, this has been a pressing issue in social law recently. 00:05:39.137 --> 00:05:43.679 And that is why it is one of the important new points of 00:05:43.679 --> 00:05:45.077 social insurance in 2024. 00:05:45.077 --> 00:05:51.157 We put into law specific regulations on what constitutes social insurance. 00:05:51.157 --> 00:05:57.121 And what is social insurance evasion is clearly regulated in Articles 38 and 39 00:05:57.121 --> 00:05:59.677 of the Social Insurance Law 2024. 00:05:59.677 --> 00:06:06.372 And this point is also a legal basis for competent authorities to handle 00:06:06.372 --> 00:06:07.917 acts of fighting. 00:06:08.297 --> 00:06:13.058 Social insurance evasion by business owners has been a problem for 00:06:13.058 --> 00:06:14.357 a long time. 00:06:14.877 --> 00:06:19.740 So these regulations are new regulations so that we have a basis to 00:06:19.740 --> 00:06:21.237 deal with these organizations. 00:06:21.897 --> 00:06:28.202 In addition, Articles 40 and 41 of the 2024 Social Insurance Law also 00:06:28.202 --> 00:06:29.657 stipulate many measures, 00:06:29.677 --> 00:06:33.945 to deal with the act of evading compulsory social insurance, as 00:06:33.945 --> 00:06:35.497 well as unemployment insurance. 00:06:35.957 --> 00:06:41.541 And accordingly, business owners will be forced to pay the full amount of money, 00:06:41.541 --> 00:06:43.137 evade mandatory social insurance, 00:06:43.617 --> 00:06:48.787 Unemployment insurance and unemployment insurance premiums are 0.03% per day, 00:06:48.787 --> 00:06:53.957 calculated on the amount of social insurance and unemployment insurance. 00:06:54.297 --> 00:06:59.457 Hit and miss, and the number of days you lose your social security fund. 00:06:59.677 --> 00:07:00.957 Unemployment insurance fund. 00:07:01.617 --> 00:07:05.117 In addition, the handling of violations according to the provisions of law, 00:07:05.777 --> 00:07:11.277 with the acts of overlapping compulsory social insurance and unemployment insurance, 00:07:11.397 --> 00:07:13.657 then we have very strict sanctions. 00:07:14.137 --> 00:07:18.112 As for social insurance evasion, ladies and gentlemen, depending 00:07:18.112 --> 00:07:19.437 on the severity, 00:07:20.217 --> 00:07:23.337 that person may be subject to criminal prosecution, 00:07:23.337 --> 00:07:29.177 according to the provisions of Article 216 of the Penal Code 2015, 00:07:29.177 --> 00:07:32.577 and amended in 2017. 00:07:32.577 --> 00:07:37.577 And at the same time, business owners are evading and avoiding mandatory social insurance, 00:07:37.577 --> 00:07:41.852 unemployment insurance, that person will not be considered, awarded 00:07:41.852 --> 00:07:43.277 the emulation titles. 00:07:43.277 --> 00:07:45.777 and other forms of state rewards, 00:07:45.777 --> 00:07:51.797 because it violates the provisions of the law on compulsory social insurance. 00:07:53.358 --> 00:07:56.623 Ladies and gentlemen, you have just listened to the sharing of lawyer Nguyen 00:07:56.623 --> 00:07:59.638 Bat Hau regarding the new points of the 2024 social insurance law. 00:08:00.258 --> 00:08:04.038 We hope that the above sharing from the lawyer will help readers better understand these regulations. 00:08:04.438 --> 00:08:08.618 And now, the program has ended. See you and the audience in the next episodes.