Công văn 797/LĐTBXH-BHXH năm 2020 hướng dẫn việc tạm dừng đóng vào quỹ hưu trí và tử tuất đối với doanh nghiệp gặp khó khăn do dịch COVID-19 do Bộ Lao động - Thương binh và Xã hội ban hành

On February 1, 2020, the Prime Minister issued the Decision No. 173/QD-TTg regarding the national declaration of the severe acute respiratory syndrome caused by a novel strain of coronavirus (COVID-19). At the present time, the complicated developments of the COVID-19 outbreak occurring nationwide and overseas causes adverse impacts on production and business activities of enterprises, especially those stricken with decreases in supplies of input materials, product consumption markets and temporary reduction in their manpower due to mandatory quarantine requirements, etc. During the period from the onset of pandemic outbreak to the time of Prime Minister’s decision on national declaration of termination of the pandemic outbreak, the Ministry of Labor, War Invalids and Social Affairs, by this document, makes the following requests:

1. Ministries, Ministry-level agencies, Governmental bodies, People’s Committees of provinces and centrally-affiliated cities shall, within their respective competence, instruct that, if any enterprise facing difficulties due to COVID-19 meets stated eligibility requirements, they will be entitled to temporary suspension of payment of contributions to the pension and death benefit fund for the maximum period of 12 months as provided in clause 1 of Article 88 in the Law on Social Security, Article 16 in the Government’s Decree No. 115/2015/ND-CP dated November 11, 2015, elaborating on several Articles of the Law on Social Security in terms of compulsory social insurance, and Article 28 in the Circular No. 59/2015/TT-BLDTBXH dated December 29, 2015 of the Ministry of Labor, War Invalids and Social Affairs, specifying and providing instructions on implementation of several Articles in the Law on Social Security in terms of compulsory social insurance.

People’s Committees of provinces and centrally-affiliated cities shall command Labor, War Invalids and Social Affairs, or Finance, affiliates within their remit to provide enterprises with instructions on how to prepare required documentation, identify enterprises conforming to prescribed requirements, and then submit such documentation and eligible enterprises to social security agencies as early as possible for their consideration and decision.

2. Social Security of Vietnam shall command local social security affiliates to strengthen public communication and dissemination of legal frameworks on eligibility, application and documentation requirements and procedures for temporary suspension of payment of contributions to the pension and death benefit fund to be applied to all of enterprises within their ambit; collaborate with Labor, War Invalids and Social Affairs, or Finance, agencies in instructing enterprises in preparation of application documentation and processing such documentation submitted by qualified enterprises as soon as possible in order to enable them to overcome difficulties and rapidly stabilize their business.    

3. During the period from the onset of the pandemic outbreak to the national declaration of termination of the pandemic outbreak under the Prime Minister’s decision, on a monthly basis, Social Security of Vietnam shall prepare the assessment report on results achieved from the decision on approval of temporary suspension of payment of contributions to the pension and death benefit fund issued to enterprises stricken with COVID-19 for submission to the Ministry of Labor, War Invalids and Social Affairs.

In the course of implementation of these instructions, any issue likely to arise should be informed to the Ministry of Labor, War Invalids and Social Affairs (via Social Insurance Administration) in writing or by emailing us at the address: [email protected], or by calling us at 024.38.267.133./.

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