Công văn 860/BHXH-BT

To: Provincial social securities authorities

On March 04, 2020, the Prime Minister issued Directive No. 11/CT-TTg on urgent tasks and measures for assisting businesses, assurance of social security in response to Covid-19 pandemic. According to the Directive, Social Security Administration of Vietnam (SSA) has the responsibility to take charge and cooperate with relevant authorities in providing guidance on suspension of social insurance contributions by entities affected by Covid-19 until the end of June or December 2020 without charging late payment interest. SSA hereby requests that:

1. Provincial social security authorities shall:

a) Cooperate with the Department of Labour, War Invalids and Social Affairs and the Department of Finance in advising the President of the People’s Committee of the same province to provide guidance for agencies, units, organizations and organizations (hereinafter referred to as “enterprises”) that operate in passenger transport, hospitality, food and drink, and other business lines affected by the pandemic and have to lay off employees, including at least 50% of the total number of employees who have social insurance before the business suspension, or lose more than 50% of total assets (excluding land) according to Clause 1 Article 88 of the 2014’s Law on Social Insurance; Clauses 1, 2, 3, 4 Article 16 of the Government’s Decree No. 115/2015/ND-CP and Article 28 of Circular No. 59/2015/TT-BLDTBXH of the Ministry of Labor, War Invalid and Social Affairs.

b) Receive and promptly process applications for interest-free suspension of contribution to pension fund and death benefit fund until the end of June 2020. In case the Covid-19 pandemic continues beyond June 2020, at the request of enterprises, cooperate with Provincial Department of Labor, War Invalids and Social Affairs and Provincial Department of Finance in advising the People’s Committee of the province to consider suspension of contribution to pension fund and death benefit fund until the end of December 2020.

c) During the suspension period, do not carry out inspection of social insurance, health insurance, unemployment insurance at enterprises affected by Covid-19 pandemic if they are not suspected of violations; Monthly remind enterprises to pay contributions to sickness, maternity, occupational accident, occupational disease, health insurance, unemployment insurance funds to ensure benefits of workers.

d) At the end of the suspension period (the end of June 2020), request enterprises to fully pay contributions to sickness, maternity, occupational accident, occupational disease, health insurance, unemployment insurance, pension and death benefit funds, including the suspended amounts.

dd) Frequently supervise the suspension of contribution to pension and death benefit funds as prescribed by law to assist enterprises in overcoming difficulties and prevent profiteering. Submit monthly reports before the 5^th of each month to SSA (using the enclosed form).

2. Units of SSA:

a) Collection Board shall supervise and instruct provincial social securities authorities implementing this document. Submit monthly reports to the General Director for reporting to the Government and the Prime Minister.

b) Communication Center shall enhance communication tasks to make sure enterprises grasp regulations of law, especially conditions for suspension of contribution to pension and death benefit funds to fully implement the Prime Minister’s Directive No. 11/CT-TTg.

For your reference and compliance. Difficulties that arise during the implementation should be promptly reported to SSA for consideration and settlement./.