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People do not enjoy salary who shall not participate in compulsory social insurance

Wed, 15 Nov 2017 09:44:03 AM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Ms. Nguyen Hong Loan (in Hanoi City) would like to ask: In the limited liability company, the capital contribution member is the director, the deputy director, but they do not enjoy the salary at the company, Do they have to pay compulsory social insurance is it right, if people enjoy salary, but they do not participate in compulsory social insurance?

Regarding this issue, The Social Insurance Agency responds as follows:

Pursuant to the provisions in Points h Clauses 1 and 3, Article 2, Clause 1, Article 17, Clause 3, Article 122 of the Law on Social Insurance 2014, the director or deputy director is the manager of the business (generally referred to as workers) who belong to limited liability companies which do not receive wages, they are not subject to compulsory social insurance. In case of enjoying salary, they are subject to compulsory social insurance.

Employees and limited liability companies who are subject to participate in compulsory social insurance, but they do not pay or  evade or delay payment of compulsory social insurance for 30 days or more, besides they have to pay in full the unpaid amount, delayed payment and be handled in accordance with the law, they shall be paid twice as much as the investment interest rate of the average social insurance fund of the preceding year calculated on the amount of money and the time of delay; if they do not execute, according to the request of the decision, at the request of a competent person, another bank or credit institution, the State Treasury shall have to deduct from the deposit account of the limited liability company to pay the unpaid amount, the interest is paid on the account of the social insurance agency.

  • By : Online Newspaper of the Government - Viet Nam Government Portal

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