Enterprises damaged by storms and floods are allowed to temporarily stop paying pension and death benefits according to the new Law.

In case of severe damage caused by storms and floods, businesses can temporarily suspend contributions to pension and death benefit funds according to new regulations of the Social Insurance Law 2024. This policy aims to support units to reduce financial pressure, maintain production activities and ensure benefits for workers during difficult times.

New positive points of the Social Insurance Law 2024

This content has been regulated in more detail in Decision No. 863/QD-BNV of the Ministry of Home Affairs , effective from July 1, 2025. In which, it is specifically regulated: The subjects and conditions for temporary suspension of contributions to the pension and death fund are when the employer encounters difficulties due to reasons such as:

Encountering difficulties in changing structure, technology or due to economic crisis, recession or implementing State policies when restructuring the economy or fulfilling international commitments; Encountering difficulties due to natural disasters, fires, epidemics, crop failures.

Handling administrative procedures at the one-stop department of Social Insurance. Photo: Contributor

In the current context of storms and floods, if a business suffers damage of over 50% of its total asset value or cannot arrange jobs, resulting in 50% of employees participating in compulsory social insurance at the unit having to temporarily quit their jobs, they will be eligible for a temporary suspension of contributions to the pension and death fund.

Regarding implementation procedures, enterprises need to make a written request with the latest Asset Inventory Report before the time of damage and the Minutes of Inventory of Assets damaged by natural disasters, fires, epidemics, and crop failures.

In case of failure to arrange jobs, resulting in more than 50% of employees participating in compulsory social insurance having to temporarily quit their jobs, the enterprise shall make a written request with a list of employees at the time before the natural disaster, fire, epidemic, crop failure and at the time of request; a list of employees participating in compulsory social insurance having to temporarily quit their jobs.

The local People's Committee, more specifically the local financial/internal affairs agency, is responsible for receiving and confirming the extent of property damage/number of employees participating in compulsory social insurance who must temporarily stop working. For agencies, units, organizations, and enterprises under the management of central ministries and branches, the authority to confirm belongs to the ministry or branch. Within 15 working days from the date of receiving the request of the employer, the agency is responsible for reviewing, determining, and responding in writing.

After being confirmed, the employer shall send a written request to temporarily suspend contributions to the pension and death fund, along with a document identifying the number of employees subject to compulsory social insurance who are temporarily out of work or a document identifying the value of damaged assets, to the social insurance agency.

Within 10 working days from the date of receipt of the employer's request, the Social Insurance Agency shall be responsible for resolving the temporary suspension of contributions to the pension and death benefit fund. In case of failure to resolve, the Social Insurance Agency shall respond in writing and state the reasons.

Practical support for businesses

The Social Insurance Fund consists of three component funds: the pension and death fund, the sickness and maternity fund, and the occupational accident and disease fund. Of which, the pension and death fund accounts for more than 70% of the Social Insurance Fund.

During the period of heavy damage caused by the COVID-19 pandemic, the policy of temporarily suspending contributions to the pension and death benefit fund has also been implemented according to Resolution No. 68/NQ-CP dated July 1, 2021 of the Government on a number of policies to support employees and employers facing difficulties due to the COVID-19 pandemic. This policy has contributed significantly to supporting businesses to overcome difficulties and restore production. In response to practical requirements, the Social Insurance Law 2024 has officially added regulations on cases of temporary suspension of contributions to the pension and death benefit fund. This is one of the positive changes of the new Social Insurance Law.

According to statistics, in 2022, implementing Resolution No. 68/NQ-CP of the Government, Social Insurance agencies nationwide have resolved for 1,013 units with over 207,000 employees to temporarily stop paying into the pension and death fund with an amount of about 1,393 billion VND. In the context of storms and floods still causing significant damage in a number of provinces and cities in the Northern region, the regulation on temporarily stopping paying into the pension and death fund for enterprises that have suffered heavy damage due to storms and floods will bring a significant source of support. This is an important factor to contribute to overcoming the damage and, more importantly, creating a basis for gradually recovering production.

Businesses need to proactively understand the procedures and necessary documents to ensure that the process of requesting to temporarily suspend social insurance payments is quick, helping to reduce financial burdens in difficult times like the present. It should also be noted that, in the process of implementing the above procedures, employers do not have to pay any fees.

Source: https://baotintuc.vn/xa-hoi/doanh-nghiep-bi-thiet-hai-do-bao-lu-duoc-tam-dung-dong-quy-huu-tri-tu-tuat-theo-luat-moi-20251014153024010.htm