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THE NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 71/2006/QH11
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Hanoi,
June 29, 2006
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LAW
ON SOCIAL INSURANCE
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth
National Assembly, the 10th session;
This Law provides for social insurance.
Chapter
I
GENERAL PROVISIONS
Article
1.- Regulation scope
1. This Law provides
for social insurance regimes and policies; the rights and responsibilities of
insured laborers, agencies, organizations and individuals; social insurance
organizations; social insurance funds; procedures for implementation of social
insurance and state management of social insurance.
2. This Law does not
apply to health insurance, deposit insurance and types of business insurance.
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1. Laborers entitled
to participate in compulsory social insurance are Vietnamese citizens,
including:
a/ Persons working
under contracts of indefinite term or contracts of a term of full three months
or longer;
b/ Cadres, officials,
public servants;
c/ Defense workers,
police workers;
d/ Officers and
professional personnel of the people's army; professional officers and
non-commissioned officers, technical officers and non-commissioned officers of
the people's police; persons engaged in cipher work and enjoying salaries like
armymen or policemen;
e/ Non-commissioned
officers and soldiers of the people's army and non-commissioned officers and
combatants of the people's police on term services;
f/ Persons working
overseas for a definite term who previously paid compulsory social insurance
premiums.
2. Employers entitled
to participate in compulsory social insurance include state agencies,
non-business units, people's armed force units; political organizations,
socio-political organizations, socio-professional-political organizations,
socio-professional organizations, other social organizations; foreign agencies
and organizations, international organizations operating in the Vietnamese
territory; enterprises, cooperatives, individual business households,
cooperative groups, other organizations and individuals hiring, employing and
paying wages to laborers.
3. Laborers entitled
to participate in unemployment insurance include Vietnamese citizens working
under labor contracts or working contracts of indefinite term or a term of
between full twelve months and thirty six months for employers specified in
Clause 4 of this Article.
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5. Persons entitled to
participate in voluntary social insurance are working-age Vietnamese citizens
who are not specified in Clause 1 of this Article.
6. Agencies,
organizations and individuals related to social insurance.
Laborers participating
in compulsory social insurance, laborers participating in unemployment
insurance and persons participating in voluntary social insurance are
hereinafter collectively referred to as laborers.
Article
3.- Interpretation of terms
In this Law, the terms
below are construed as follows:
1. Social insurance
means the guarantee to fully or partially offset a laborer's income that is
lost or reduced due to his/her sickness, maternity, labor accident,
occupational disease, unemployment, retirement or death, on the basis of
his/her contributions to the social insurance fund.
2. Compulsory social
insurance means a form of social insurance in which laborer and employer must
participate.
3. Voluntary social
insurance means a form of social insurance in which a laborer voluntarily
participates, may select premium rates and modes of premium payment suitable to
his/her income in order to enjoy social insurance coverage.
4. Unemployed person
means a person who had paid unemployment insurance premiums then has lost
his/her job or terminated his/her labor or working contract and has not yet
found a job.
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6. Common minimum
salary means the lowest salary promulgated by the Government in each period.
7. Relative means an
insured person's child, wife or husband, natural father, natural mother,
father-in-law, mother-in-law or other persons whom the insured person is
obliged to nurture.
Article
4.- Social insurance regimes
1. Compulsory social insurance
covers the following regimes:
a/ Sickness;
b/ Maternity;
c/ Labor accident,
occupational disease;
d/ Retirement;
e/ Survivorship
allowance.
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a/ Retirement;
b/ Survivorship
allowance.
3. Unemployment
insurance covers the following regimes:
a/ Unemployment
allowance;
b/ Job-learning
support;
c/ Job-seeking
support.
Article
5.- Social insurance principles
1. The level of social
insurance entitlement shall be calculated on the basis of the premium rate, the
social insurance payment duration and the sharing among social insurance
participants.
2. The payable
compulsory social insurance or unemployment insurance premium shall be
calculated on the basis of laborers' salary or remuneration. The payable
voluntary social insurance premium shall be calculated on the basis of the
income level selected by laborers, which, however, must be at least equivalent
to the common minimum salary.
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4. The social
insurance fund shall be managed in a uniform, democratic, open and transparent
manner, be used for proper purposes and be independently accounted according to
the component funds of compulsory social insurance, voluntary social insurance
and unemployment insurance.
5. Social insurance
shall be implemented in a simple, easy and convenient manner, promptly and
adequately ensuring the interests of the insured.
Article
6.- State policies on social insurance
1. The State shall
encourage and create conditions for agencies, organizations and individuals to
participate in social insurance.
2. The State shall
adopt preferential policies of investment in the social insurance fund and
other necessary measures to preserve and develop the fund. The social insurance
fund shall be protected by the State and shall not become bankrupt.
Retirement pensions,
social insurance allowances and profits from activities investment of the
social insurance fund are tax-free.
Article
7.- Contents of the state management of
social insurance
1. To formulate, and
organize the implementation of, social insurance strategies, regimes and
policies.
2. To promulgate, and
organize the implementation of, legal documents on social insurance.
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4. To perform
statistical and information work on social insurance.
5. To organize the
social insurance-implementing apparatus; to train human resources for social
insurance work.
6. To inspect and
check the observance of the law on social insurance; to settle complaints and
denunciations about, and handle violations of the law on, social insurance.
7. To promote
international cooperation on social insurance.
Article
8.- State management agencies in charge of
social insurance
1. The Government
shall perform the uniform state management of social insurance.
2. The Ministry of
Labor, War Invalids and Social Affairs shall take responsibility before the
Government for performing the state management of social insurance.
3. Ministries,
ministerial-level agencies shall, within the ambit of their respective tasks
and powers, perform the state management of social insurance.
4. People's Committees
at all levels shall perform the state management of social insurance within
their respective localities under the Government's decentralization.
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1. The State shall
encourage investment in development of technologies and advanced technical
equipment in order to ensure the application of modern social insurance
management methods.
2. The Government
shall specify the application of information technology to the social insurance
management.
Article
10.- Social insurance inspectorate
1. The labor-war
invalid and social affairs inspectorate shall perform the functions of
specialized social insurance inspection.
2. The organization, tasks
and powers of the specialized social insurance inspectorate shall be as
stipulated in the inspection law.
Article
11.- Rights and obligations of trade union
organizations
1. Trade union
organizations have the following rights:
a/ To protect the
legitimate rights and interests of insured laborers;
b/ To request
employers, social insurance organizations to supply information on laborers'
social insurance;
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2. Trade union
organizations have the following responsibilities:
a/ To propagate and
disseminate social insurance regimes, policies and law to laborers;
b/ To propose,
participate in the elaboration, amendment and supplementation of social
insurance regimes, policies and law;
c/ To participate in
inspecting and supervising the implementation of the law on social insurance.
Article
12.- Rights and responsibilities of
employers' representatives
1. Employers'
representatives have the following rights:
a/ To protect the
legitimate rights and interests of insured employers;
b/ To propose
competent state bodies to handle violations of the law on social insurance.
2. Employers'
representatives have the following responsibilities:
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b/ To propose,
participate in the elaboration, amendment and/or supplementation of social
insurance regimes, policies and law;
c/ To participate in
inspecting and supervising the implementation of the law on social insurance.
Article
13.- Reporting and auditing regimes
1. Annually, the
Government shall report to the National Assembly on the management and use of
the social insurance fund.
2. Once every three
years, the state audit shall audit the social insurance fund and report on the
results to the National Assembly. In case of necessity, at the request of the
National Assembly, the National Assembly Standing Committee or the Government,
the social insurance fund shall be audited unexpectedly.
Article
14.- Prohibited acts
1. Not paying social
insurance premiums according to the provisions of this Law.
2. Falsifying and
forging dossiers in the implementation of social insurance.
3. Using the social
insurance fund for improper purposes.
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5. Making false
reports, supplying false information, data on social insurance.
Chapter
II
RIGHTS AND
RESPONSIBILITIES OF LABORERS, EMPLOYERS, SOCIAL INSURANCE ORGANIZATIONS
Article
15.- Rights of laborers
Laborers have the
following rights:
1. To be granted
social insurance books;
2. To receive social
insurance books when ceasing to work;
3. To receive
retirement pensions and social insurance allowances fully and in time;
4. To be covered by
health insurance in the following cases:
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b/ Being on leave and
enjoying monthly labor accident or occupational disease allowance;
c/ Currently enjoying
unemployment allowance;
5. To authorize other
persons to receive their retirement pension or social insurance allowance.
6. To request
employers to supply information specified at Point h, Clause 1, Article 18; to
request social insurance organizations to supply information specified in
Clause 11, Article 20 of this Law;
7. To lodge complaints
or denunciations about social insurance;
8. Other rights
provided for by law.
Article
16.- Responsibilities of laborers
1. Laborers have the
following responsibilities:
a/ To pay social insurance
premiums according to the provisions of this Law;
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c/ To preserve social
insurance books according to regulations;
d/ Other
responsibilities as provided for by law.
2. Apart from the
responsibilities specified in Clause 1 of this Article, laborers covered by
unemployment insurance also have the following responsibilities:
a/ To register their
unemployment with the social insurance organization;
b/ To monthly inform
the social insurance organization of the situation of job seeking during the
period of enjoying unemployment allowance;
c/ To accept jobs or
participate in appropriate job-training courses recommended by the social
insurance organization.
Article
17.- Rights of employers
Employers have the
following rights:
1. To reject requests
contrary to the provisions of law on social insurance;
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3. Other rights as
provided for by law.
Article
18.- Responsibilities of employers
1. Employers have the
following responsibilities:
a/ To pay social
insurance premiums according to the provisions of Article 92 and make monthly
deductions from salaries or remuneration of their laborers according to the
provisions of Clause 1, Article 91 of this Law for payment at a time into the
social insurance fund;
b/ To preserve social
insurance books of laborers during their working term;
c/ To return social
insurance books to laborers when they cease to work;
d/ To compile dossiers
for laborers to be granted social insurance books, pay social insurance
premiums and be covered by social insurance;
e/ To pay social
insurance allowances to laborers;
f/ To recommend
laborers for assessment of their working capacity decrease at the Medical
Assessment Council as provided for at Point a, Clause 1, Article 41, Article 51
and Point b, Clause 1, Article 55 of this Law;
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h/ To supply
information on payment of laborers' social insurance premiums when so requested
by laborers or trade union organizations;
i/ Other
responsibilities as provided for by law.
2. Apart from
complying with the provisions of Clause 1 of this Article, monthly the
employers covered by unemployment insurance shall pay unemployment insurance
premiums according to the provisions of Clause 2, Article 102 and make
deductions from laborers' salaries or remuneration according to the provisions
of Clause 1, Article 102 of this Law for payment at a time into the
unemployment insurance fund.
Article
19.- Rights of social insurance
organizations
Social insurance
organizations have the following rights:
1. To organize the
management of personnel, finance and property according to provisions of law;
2. To reject claims
for social insurance benefits against regulations;
3. To lodge complaints
about social insurance;
4. To examine the
contribution of social insurance premiums and the payment of social insurance
benefits;
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6. To propose
competent state bodies to handle violations of the law on social insurance;
7. Other rights as
provided for by law.
Article
20.- Responsibilities of social insurance
organizations
Social insurance
organizations have the following responsibilities:
1. To propagate and
disseminate social insurance regimes, policies and law; to guide social
insurance implementation procedures for insured laborers and employers;
2. To collect social
insurance premiums according to the provisions of this Law;
3. To receive dossiers
and settle social insurance regimes; to pay retirement pensions and social
insurance allowances in a full, convenient and timely manner;
4. To grant social
insurance books to every laborer;
5. To manage and use
the social insurance fund according to the provisions of law;
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7. To organize statistical
and accounting work, to provide professional guidance on social insurance;
8. To recommend
laborers for assessment of their working capacity decrease at the Medical
Assessment Council as provided for at Point b, Clause 1 and Clause 2, Article
41 of this Law;
9. To apply
information technology to social insurance management; to archive the insured's
dossiers according to the provisions of law;
10. To biannually
report to the Social Insurance Management Board on social insurance
implementation. To annually report to the Government and state management
bodies on the management and use of the social insurance fund;
11. To adequately and
promptly supply information on payment of social insurance premiums, the rights
to enjoy social insurance benefits, and social insurance implementation
procedures when so requested by laborers or trade union organizations;
12. To supply relevant
documents and information at the request of competent state agencies;
13. To settle in time
complaints and denunciations about the implementation of social insurance;
14. To establish
international cooperation on social insurance;
15. Other
responsibilities as provided for by law.
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COMPULSORY
SOCIAL INSURANCE
Section
1. SICKNESS REGIME
Article
21.- Coverage of the sickness regime
The sickness regime
covers laborers specified at Points a, b, c and d, Clause 1, Article 2 of this
Law.
Article
22.- Conditions for enjoyment of the
sickness regime
1. Taking leave due to
sickness or accident, with the certification of a medical establishment.
In case of taking
leave due to sickness or accident because of self-infliction, drunkenness,
abuse of drug or other addictives, laborers are not entitled to the sickness
regime.
2. Taking leave to
take care of under-seven children who get sick with the certification of a
medical establishment.
Article
23.- Period for enjoying the sickness
regime
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a/ For laborers
working under normal conditions, it is thirty days, if they have paid social
insurance premiums less than fifteen years; forty days, if they have paid
social insurance premiums for between full fifteen years and under thirty
years; sixty days, if laborers have paid social insurance premiums for full thirty
years or more;
b/ For laborers doing
heavy, hazardous or dangerous occupations or jobs on the list promulgated by
the Ministry of Labor, War Invalids and Social Affairs and the Health Ministry
or working regularly in regions with regional allowance coefficient of 0.7 or
higher, it is forty days, if they have paid social insurance premiums for less
than fifteen year; fifty days, if they have paid social insurance premiums for
between full fifteen years and under thirty years; seventy days, if they have paid
social insurance premiums for full thirty years or more.
2. Laborers who are
infected with a disease on the list of diseases requiring long-term treatment,
which is promulgated by the Health Ministry, shall enjoy the sickness regime as
follows:
a/ No more than one
hundred eighty days in a year, including public holidays, New Year holidays and
weekends;
b/ If laborers still
need treatment after one hundred eighty days, they shall continue to enjoy the
sickness regime at a lower level.
3. The period for enjoying
the sickness regime for laborers specified at Point a, clause 1, Article 2 of
this Law shall depend on the period of treatment at medical establishments of
the people's army or the people's police.
Article
24.- Period for enjoying the regime upon
sickness of children
1. The period for
enjoying the regime upon sickness of a child in a year shall be calculated
according to the number of days taking care of the sick child and be twenty
working days at most if the sick child is under three years old, or fifteen
working days at most if the sick child is between full three years and under
seven years old.
2. When both parents
are covered by social insurance, if their child is still sick after either of
them has spent the whole period for enjoying the regime, the other parent is
entitled to the regime provided for in Clause 1 of this Article.
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1. Laborers entitled
to the sickness regime provided for in Clause 1, at Point a of Clause 2 of
Article 23, and in Article 24 of this Law enjoy 75% of the salary or
remuneration of the month preceding their leave on which social insurance
premiums are based.
2. Laborers who
continue enjoying the sickness regime provided for at Point b, Clause 2,
Article 23 of this Law enjoy the level as follows:
a/ 65% of the salary
or remuneration of the month preceding the leave on which social insurance
premiums are based, if laborers have paid social insurance premiums for full
thirty years or more;
b/ 55% of the salary
or remuneration of the month preceding the leave on which social insurance
premiums are based, if laborers have paid social insurance premiums for between
full fifteen years and under thirty years;
c/ 45% of the salary
or remuneration of the month preceding the work leave on which social insurance
premiums are based, if laborers have paid social insurance premiums for less
than fifteen years.
3. Laborers enjoying
the sickness regime provided for in Clause 3, Article 23 of this Law enjoy 100%
of the salary of the month preceding the leave on which social insurance
premiums are based.
4. If the sickness
regime level specified in Clause 2 of this Article is lower than the common
minimum salary, it shall be increased to be equivalent to the common minimum
salary.
Article
26.- Convalescence and health
rehabilitation after sickness
1. If laborers remain
weak after the period of enjoying the sickness regime under the provisions of
Article 23 of this Law, they are entitled to take a leave of between five days
and ten days in a year for convalescence and health rehabilitation.
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Section
2. MATERNITY REGIME
Article
27.- Coverage of the maternity regime
The maternity regime
covers laborers specified at Point a, b, c and d, Clause 1, Article 2 of this
Law.
Article
28.- Conditions for enjoying the maternity
regime
1. Laborers are
entitled to the maternity regime in one of the following cases:
a/ Female laborers get
pregnant;
b/ Female laborers
give birth to children;
c/ Laborers adopt
children of under four months old;
d/ Laborers have IUDs
or take sterilization measures.
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Article
29.- Period of leave for prenatal
checks-up
Pregnant female
laborers are entitled to take leave for five prenatal checks-up, one day for
each check-up; in case they live far from medical establishments or have
pathological signs or abnormal pregnancies, they are entitled to a two-day
leave for each prenatal check-up.
The period of leave
for enjoying the maternity regime specified in this Article shall be calculated
according to working days, excluding public holidays, New Year holidays and
weekends.
Article
30.- Period of leave when having
miscarriage, abortion, fetocytosis or stillbirth
When getting
miscarriage, abortion, fetocytosis or stillbirth, female laborers are entitled
to ten-day leave, for pregnancy of under one month; twenty-day leave, for
pregnancy of between one month and three months; forty-day leave, for pregnancy
of between three months and under six months; or fifty-day leave, for pregnancy
of six months or older.
The period of leave
for enjoying the maternity regime specified in this Article includes public
holidays, New Year holidays and weekends.
Article
31.- Period of leave after giving birth
1. After giving birth,
female laborers are entitled to take leave under the maternity regime according
to the following provisions:
a/ Four-month leave,
if they perform occupations or jobs under normal working conditions;
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c/ Six-month leave,
for female laborers being disabled persons according to the provisions of law
on disabled people;
d/ In case of giving
birth to twin or more infants, in addition to the leave period specified at
Points a, b and c of this Clause, the mother shall enjoy an additional leave of
thirty days for each infant from the second.
2. In case the newborn
child dies before sixty days of age, the mother is entitled to take leave for
ninety days counting from the date of childbirth; if the newborn child die
sixty days or more of age, the mother is entitled to take leave for thirty days
counting from the date her child dies, but the leave period under the maternity
regime shall not exceed the period specified in Clause 1 of this Article; this
period shall not be counted into the period of leave for personal reasons under
the provisions of the law on labor.
3. In case only the
father or the mother is covered by social insurance or both the father and
mother are covered by social insurance and the mother dies in childbirth, the
father or the person directly nursing the newborn child is entitled to the
maternity regime until the child is full four months old.
4. The period of leave
under the maternity regime specified in Clauses 1, 2 and 3 of this Article
includes public holidays, New Year holidays and weekends.
Article
32.- Period of leave for enjoying the
maternity regime upon child adoption
Laborers adopting a
child of under four months old are entitled to take leave for enjoying the
maternity regime until the child is full four months old.
Article
33.- Period of leave for enjoying
the regime when taking contraceptive measures
1. When being
implanted with UIDs, laborers are entitled to a seven-day leave.
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3. The period of leave
for enjoying the maternity regime specified in Clauses 1 and 2 of this Article
includes public holidays, New Year holidays and weekends.
Article
34.- Lump-sum allowance upon childbirth or
child adoption
Female laborers after
giving birth or laborers adopting a child of under four months old are entitled
to a lump-sum allowance equivalent to two months' common minimum salary for
each child.
When only the father
is covered by social insurance and the mother dies in childbirth, the father
are entitled to a lump-sum allowance equivalent to two months' common minimum
salary for each child.
Article
35.- Level of maternity allowance
1. Laborers entitled
to the maternity regime under Articles 29, 30, 31, 32 and 33 of this Law are
entitled to 100% of the average of the monthly salary or remuneration of six
months preceding the leave on which social insurance premiums are based.
2. The period of leave
for enjoying the maternity regime shall be counted as the period of payment of
social insurance premiums. During this period, laborers and employers are not
required to pay social insurance premiums.
Article
36.- Female laborers going to work before
the expiry of the maternity leave period
1. Female laborers may
go to work before the expiry of the maternity leave period specified in Clause
1 or Clause 2, Article 31 of this Law when the following conditions are fully
met:
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b/ Having the medical
establishment's certification that working shall not harm their health;
c/ Notifying in
advance and getting the prior consent of their employers.
2. Apart from the
salary or remuneration paid for their working days, the female laborers going
to work before the expiry of the maternity leave period is also entitled to the
maternity regime until the end of the period specified in Clause 1 or 2 of
Article 31 of this Law.
Article
37.- Convalescence and health
rehabilitation after childbirth
1. If female laborers
remain weak after the maternity leave period provided for in Article 30, Clause
1 or Clause 2 of Article 31 of this Law, they may take leave for convalescence
and health rehabilitation for between five and ten days a year.
2. The daily benefit level
shall be equivalent to 25% of the common minimum salary, if they take leave for
convalescence and health rehabilitation at home; or 40% of the common minimum
salary, if they have convalescence and health rehabilitation at a rest home.
Section
3. LABOR ACCIDENT AND OCCUPATIONAL DISEASE REGIMES
Article
38.- Coverage of the labor accident and
occupational disease regimes
The labor accident and
occupational disease regimes covers laborers specified at Points a, b, c, d and
e of Clause 1, Article 2 of this Law.
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Laborers are entitled
to the labor accident regime when fully satisfying the following conditions:
1. Getting an accident
in one of the following cases:
a/ At workplace and
during working hours;
b/ Outside the
workplace or beyond working hours while on assignment by their employers;
c/ En route to and
from residence and workplace within a reasonable time and on the reasonable
route;
2. Suffering from a
working capacity decrease of at least 5% due to accidents provided for in
Clause 1 of this Article.
Article
40.- Conditions for enjoying the
occupational disease regime
Laborers are entitled
to the occupational disease regime when fully satisfying the following
conditions:
1. Suffering from a
disease on the list of occupational diseases, promulgated by the Health
Ministry and the Ministry of Labor, War Invalids and Social Affairs when
working in the environment or performing a job involving hazardous elements;
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Article
41.- Assessment of working capacity
decrease
1. Laborers suffering
from a labor accident or an occupational disease are entitled to assessment or re-assessment
of their working capacity decrease when falling into one of the following
cases:
a/ Their health
conditions have become stable after treatment of an injury or a disease;
b/ Their health
conditions have become stable after treatment of a recurring injury or disease.
2. Laborers are
entitled to thorough assessment of their working capacity decrease when falling
into one of the following cases:
a/ Suffering both a
labor accident and an occupational disease;
b/ Getting labor
accidents repeatedly;
c/ Suffering from
various occupational diseases.
Article
42.- Lump-sum allowance
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2. The lump-sum
allowance levels are specified as follows:
a/ Laborers with a 5%
working capacity decrease are entitled to five months' common minimum salary,
which shall be added with 0.5 of the monthly common minimum salary for more 1%
of working capacity decrease;
b/ Apart from the
allowance level specified at Point a of this Clause, laborers are entitled to
an additional allowance calculated according to the number of years of paying
social insurance premiums, which is equivalent to 0.5 of the salary or
remuneration of the month preceding the leave on which social insurance
premiums are based, for one year or less, and added with 0.3 of such salary or
remuneration for each more year of paying social insurance premiums.
Article
43.- Monthly allowance
1. Laborers suffering
from a working capacity decrease of at least 31% are entitled to a monthly
allowance.
2. The monthly
allowance levels are provided for as follows
a/ Laborers with a 31%
working capacity decrease are entitled to a monthly allowance equivalent to 30%
of the common minimum salary, which shall be added with 2% of the common
minimum salary for each additional 1% of decrease;
b/ Apart from the
allowance level specified at Point a of this Clause, laborers are entitled to a
monthly allowance calculated according to the number of yeas of paying social
insurance premiums, which is equivalent to 0.5% of the salary or remuneration
of the month preceding the leave on which social insurance premiums are based,
for one year or less, and added with 0.3 of such salary or remuneration for
each more year of paying social insurance premiums.
Article
44.- Starting time for enjoying allowances
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2. When their injury
or sickness recurs and laborers have their working capacity decrease level
re-assessed, the starting time for enjoying new allowances is the month when
the Medical Assessment Council conclusions are available
Article
45.- Supply of daily-life aid equipment
and orthopedic devices
Laborers suffering
from a labor accident or occupational disease which damages the function of
their body shall be provided with daily-life aid equipment and/or orthopedic
devices, depending on the status of their injury or sickness.
Article
46.- Attendance allowance
Laborers who suffer
from a working capacity decrease of at least 81% due to rachioplegia, total
blindness, paraplegia, amputation of two legs or a mental disease are entitled
to a monthly attendance allowance equivalent to the common minimum salary in
addition to the allowance specified in Article 43 of this Law.
Article
47.- Lump-sum allowance for death due to
labor accident or occupational disease
For working laborers
who die from a labor accident or of an occupational disease or die during the
period of first-time medical treatment due to a labor accident or an
occupational disease, their relatives are entitled to a lump-sum allowance
equivalent to thirty six months' common minimum salary.
Article
48.- Convalescence and health
rehabilitation after treatment of injury or sickness
1. Laborers who remain
weak though their health conditions have become stable after treatment of
injury caused by labor accident or of sickness caused by occupational disease are
entitled to take leave for convalescence and health rehabilitation for between
five and ten days.
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Section
4. RETIREMENT REGIME
Article
49.- Coverage of the retirement regime
The retirement regime covers
laborers specified in Clause 1, Article 2 of this Law.
Article
50.- Conditions for enjoying retirement
pension
1. Laborers specified
at Points a, b, c and f of Clause 1, Article 2 of this Law, who have paid
social insurance premiums for full twenty years or more are entitled to
retirement pension when falling into one of the following cases:
a/ Being sixty years
old for men or fifty five years old for women;
b/ Being between full
fifty five years and full sixty years old for men or between full fifty years
and full fifty five years old for women and having performed heavy, hazardous
or dangerous occupations or jobs on the list of those promulgated by the
Ministry of Labor, War Invalids and Social Affairs and the Health Ministry for
full fifteen years, or having worked in regions with regional allowance
coefficient of 0.7 or more for full fifteen years. In a number of other special
cases, the retirement age of persons entitled to retirement pension shall be as
stipulated by the Government.
2. Laborers specified
at Point d, Clause 1, Article 2 of this Law and having paid social insurance
premiums for full twenty years or more are entitled to retirement pension when
falling into one of the following cases:
a/ Being full fifty
five years old for men or full fifty years old for women, unless otherwise
provided for by the Law on Officers of the Vietnam People's Army or the Law on
People's Police.
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Article
51.- Conditions for enjoying retirement
pension upon working capacity decrease
Laborers specified at
Points a, b, c, d and f, Clause 1, Article 2 of this Law, who have paid social
insurance premiums for full twenty years or more and suffered from working
capacity decrease of at least 61%, are entitled to retirement pensions lower
than those for qualified persons specified in Article 50 of this Law when
falling into one of the following cases:
1. Being full fifty
years old for men or forty five years old for women;
2. Having performed
especially heavy, hazardous or dangerous occupations or jobs on the list of
those promulgated by the Ministry of Labor, War Invalids and Social Affairs and
the Health Ministry for full fifteen years or more.
Article
52.- Monthly retirement pension
1. The monthly
retirement pension of qualified laborers specified in Article 50 of this Law is
equivalent to 45% of the average monthly salary or remuneration on which social
insurance premiums are based specified in Article 58, Article 59 or Article 60
of this Law, corresponding to fifteen years of paying social insurance
premiums, which shall be added with 2% for men or 3% for women for each additional
year of paying social insurance premiums; the maximum rate is equivalent to
75%.
2. The monthly
retirement pension of qualified laborers specified in Article 51 of this Law
shall be calculated as provided for in Clause 1 of this Article, which shall be
then reduced by 1% for each year of early retirement.
3. The lowest monthly
retirement pension is equivalent to the common minimum salary.
Article
53.- Adjustment of retirement pensions
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Article
54.- Lump-sum allowance upon retirement
1. Laborers who have
paid social insurance premiums for more than thirty years for men or for more
than twenty five years for women are, upon retirement, entitled to a lump-sum
allowance besides their retirement pension.
2. The lump-sum
allowance level shall be calculated according to the number of years of paying
social insurance premiums, counting from the thirty-first year on for men and
the twenty-sixth year on for women. For each year of paying social insurance
premiums, laborers are entitled to 0.5 of the average monthly salary or
remuneration on which social insurance premiums are based.
Article
55.- Lump-sum social insurance benefit for
persons ineligible for enjoying retirement pension
1. Laborers specified
at Points a, b, c and f, Clause 1, Article 2 of this Law are entitled to
lump-sum social insurance benefit when falling into one of the following cases:
a/ They have reached
the retirement age specified in Clause 1, Article 50 of this Law while having
paid social insurance premiums for less than twenty years;
b/ They have suffered
from working capacity decrease of at least 61% while having paid social
insurance premiums for less than twenty years;
c/ They discontinue
paying social insurance premiums after one-year leave and request lump-sum
social insurance benefit while having paid social insurance premiums for less
than twenty years;
d/ They settle abroad.
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Article
56.- Levels of lump-sum social insurance
benefit
The level of lump-sum
social insurance benefit shall be calculated based on the number of years of
paying social insurance premiums; for each year, laborers are entitled to one
month and a half of the average monthly salary or remuneration on which social
insurance premiums are based.
Article
57.- Reservation of social insurance
premium payment period
Laborers, when leaving
their jobs but ineligible for enjoying retirement pension provided for in Articles
50 and 51 or having not yet enjoyed lump-sum social insurance benefit provided
for in Articles 56 and 56 of this Law are entitled to reserve their social
insurance premium payment period.
Article
58.- Average of monthly salaries or
remuneration on which social insurance premiums are based for calculation of
retirement pension and lump-sum allowance for laborers participating in social
insurance before January 1, 1995
1. For laborers
subject to the salary regime set by the State and having the entire period of
social insurance premium payment under such salary regime, the calculation
shall be based on the average of monthly salaries or remuneration on which
social insurance premiums are based in the last five years prior to their
retirement.
2. For laborers having
the entire period of social insurance premium payment under the salary regime
decided by their employers, the calculation shall be based on the average of
monthly salaries or remuneration on which social insurance premiums are based
in the entire period.
3. For laborers who
have both a social insurance premium payment period under the salary regime set
by the State and a social insurance premium payment period under the salary
regime decided by their employers, the calculation shall be based on the
average of monthly salaries or remuneration on which social insurance premiums
are based in these periods, for the payment period under the salary regime set
by the State, the average of monthly salaries on which social insurance
premiums are based shall be calculated according to the provisions of Clause 1
of this Article.
Article
59.- Average of monthly salaries or
remuneration on which social insurance premiums are based for calculation of
retirement pension and lump-sum allowance for laborers participating in social
insurance from January 1, 1995, to before the effective date of the Law on
Social Insurance
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a/ If they paid social
insurance premiums for the period from January 1, 1995, to December 31, 2000,
the calculation shall be based on the average of monthly salaries on which
social insurance premiums are based in the last six years prior to their
retirement;
b/ If they paid social
insurance premiums for the period from January 1, 2001, to December 31, 2006,
the calculation shall be based on the average of monthly social salaries on
which social insurance premiums are based in the last eight years prior to
their retirement.
2. For laborers having
the entire period of social insurance premium payment under the salary regime
decided by their employers, the calculation shall be based on the average of
monthly salaries or remuneration on which social insurance premiums are based
in the entire period.
3. For laborers with
both a period of social insurance premium payment under the salary regime set
by the State and a period of social insurance premium payment under the salary
regime decided by their employers, the calculation shall be based on the
average of monthly salaries or remuneration on which social insurance premiums
are based in these periods, in which for the period of social insurance premium
payment under the salary regime set by the State, the calculation shall be
based on the average of monthly salaries on which social insurance premiums are
paid under the provisions of Clause 1 of this Article.
Article
60.- Average of monthly salary or
remuneration on which social insurance premiums are based for calculation of
retirement pension and lump-sum allowance for laborers participating in social
insurance from the effective date of the Law on Social Insurance
1. For laborers
subject to the salary regime set by the State and having the entire period of
social insurance premium payment under such salary regime, the calculation
shall be based on the average of monthly salaries on which social insurance
premiums are based in the last ten years prior to their retirement.
2. For laborers having
the entire period of social insurance premium payment under the salary regime
decided by their employers, the calculation shall be based on the average of
monthly salary or remuneration on which social insurance premiums are based in
the entire period.
3. For laborers with
both a period of social insurance premium payment under the salary regime set
by the State and a period of social insurance premium payment under the salary
regime decided by their employers, the calculation shall be based on the
average of monthly salary or remuneration on which social insurance premiums
are based of these periods; for the period of social insurance premium payment
under the salary regime set by the State, the calculation shall be based on the
average of monthly salaries on which social insurance premiums are based
according to the provisions of Clause 1 of this Article.
Article
61.- Adjustment of salaries and
remuneration for which social insurance premiums have been paid
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2. Salaries and remuneration
for which social insurance premiums have been paid, which serve as the basis
for calculation of the average monthly salary or remuneration on which social
insurance premiums are based for laborers specified in Clause 2, Article 94 of
this Law shall be adjusted on the basis of the cost-of living index of each
period under regulations of the Government.
Article
62.- Suspension from enjoyment of monthly
retirement pension or social insurance allowance
Laborers enjoying a
monthly retirement pension or social insurance allowance shall be suspended
from enjoying such retirement pension or social insurance allowance in one of
the following cases:
1. They are subject to
an imprisonment sentence, which is not suspended;
2. They illegally
leave the country;
3. They are declared
missing by the court.
Section
5. SURVIVORSHIP REGIME
Article
63.- Funeral allowance
1. When the following
subjects die, the persons who take care of their funeral are be entitled to a
funeral allowance:
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b/ Laborers who
reserve a period of social insurance premium payment;
c/ Persons who are on
retirement pension; monthly labor accident or occupational disease allowance
and have ceased working.
2. The funeral
allowance is equivalent to ten months' common minimum salary.
3. When the subjects
specified in Clause 1 of this Article are declared dead by the court, their
relatives are entitled to receive the allowance specified in Clause 2 of this
Article.
Article
64.- Cases of eligibility for monthly
survivorship allowance
1. When subjects
specified in Clause 1, Article 63 of this Law, who fall into one of the
following cases, die, their relatives are entitled to a monthly survivorship allowance:
a/ They have paid
social insurance premiums for full fifteen years or more but have not yet
received a lump-sum social insurance benefit;
b/ They are on
retirement pension;
c/ They die of a labor
accident or an occupational disease;
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2. Relatives of the
subjects specified in Clause 1 of this Article who are eligible for monthly
survivorship allowance include:
a/ Children of under
fifteen years old; children of under eighteen who are still going to school;
children of full fifteen years or older who suffer from working capacity
decrease of at least 81%;
b/ Wives of full fifty
five years or older or husbands of full sixty years or older; wives of under
fifty five years old or husbands of under sixty years old, who suffer from
working capacity decrease of at least 81%;
c/ Natural fathers,
natural mothers, fathers-in-law, mothers-in-law, other persons whom these
subjects are obliged to nurture, who are full sixty years or older for men or
full fifty five years or older for women;
d/ Natural fathers,
natural mothers, fathers-in-law, mothers-in-law, other persons whom these
subjects are obliged to nurture, who are under sixty years old for men or under
fifty five years old for women and suffer from working capacity decrease of at
least 81%.
The relatives
specified at Points b, c and d of this Clause must have no income or have
monthly incomes lower than the common minimum salary.
Article
65.- Levels of monthly survivorship
allowance
1. The monthly
survivorship allowance for each relative is equivalent to 50% of the common
minimum salary; a relative who has no direct raiser is entitled to a monthly
survivorship allowance equivalent to 70% of the common minimum salary.
2. For dead persons
specified in Clause 1, Article 64 of this Law, the number of relatives entitled
to a monthly survivorship allowance shall not exceed four; in cases of two or
more dead persons, their relatives are entitled to two times the allowance
specified in Clause 1 of this Article.
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Article
66.- Cases of eligibility for lump-sum
survivorship allowance
When the subjects
specified in Clause 1, Article 63 of this Law, who fall into one of the
following cases, die, their relatives are entitled to a lump-sum survivorship
allowance:
1. The dead persons do
not fall into the cases specified in Clause 1, Article 64 of this Law;
2. The dead persons
fall into one of the cases specified in Clause 1 of Article 64 but have no
relative eligible for monthly survivorship allowance specified in Clause 2,
Article 64 of this Law.
Article
67.- Level of lump-sum survivorship
allowance
1. The level of
lump-sum survivorship allowance for relatives of laborers who are working or laborers
who reserve a social insurance premium payment period before their death shall
be calculated on the basis of the number of years of paying social insurance
premiums, with each year equivalent to one and a half month of the average
monthly salary or remuneration on which social insurance premiums are based;
the lowest level shall be equivalent to three months' average monthly salary or
remuneration.
2. The level of
lump-sum survivorship allowance for relatives of laborers who are on retirement
pension before their death shall be calculated on the basis of the period of
enjoying retirement pension. If they die within the first two months of
enjoying the retirement pension, the allowance level is equivalent to forty
eight months of the retirement pension they are enjoying; if they die in
subsequent months, for each additional month receiving the retirement pension,
the allowance level is reduced by 0.5 of the monthly retirement pension; the
lowest level is equivalent to three months of the currently enjoyed retirement
pension.
Article
68.- Calculation of the retirement regime
and survivorship allowance regime for persons who paid voluntary social
insurance premiums then paid compulsory social insurance payment
1. For laborers who paid
voluntary social insurance premiums then paid compulsory social insurance
premiums, the calculation of their retirement regime or survivorship allowance
regime shall be based on the period of paying voluntary social insurance
premiums plus the period of paying compulsory social insurance premiums.
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Chapter
IV
VOLUNTARY
SOCIAL INSURANCE
Section
1. RETIREMENT REGIME
Article
69.- Coverage the retirement regime
Voluntary social
insurance covers laborers specified in Clause 5, Article 2 of this Law.
Article
70.- Conditions for enjoying retirement
pension
1. Laborers are
entitled to retirement pension when satisfying all the following conditions:
a/ Being full sixty
years old for men or full fifty five years old for women;
b/ Having paid social
insurance premiums for full twenty years or more.
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Article
71.- Level of monthly retirement pension
1. The level of
monthly retirement pension is equivalent to 45% of the monthly income on which
social insurance premiums are based specified in Article 76 of this Law
corresponding to fifteen years of paying social insurance premiums, which shall
be then added by 2% for men and 3% for women for each additional year of paying
social insurance premiums; the maximum level is equivalent to 75%.
2. The adjustment of
retirement pension shall be as provided for in Article 53 of this Law.
Article
72.- Lump-sum allowance upon retirement
1. Laborers who have
paid social insurance premiums for more than thirty years, for men, or for more
than twenty five years, for women are, in addition to retirement pension,
entitled to a lump-sum allowance upon retirement.
2. The level of
lump-sum allowance shall be calculated on the basis of the number of years of
paying social insurance premiums, counting from the thirty first year on, for
men or from the twenty sixth year on for women. Each year of paying social
insurance premiums is equivalent to 0.5 month's average monthly income on which
social insurance premiums are based.
Article
73.- Lump-sum social insurance benefit for
persons ineligible for monthly retirement pension
Laborers are entitled
to a lump-sum social insurance benefit when falling into one of the following
cases:
1. Men who are full
sixty years old or women who are full fifty five years old fail to have full
twenty years of paying social insurance premiums, except for cases specified in
Clause 2, Article 70 of this Law.
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3. They settle abroad.
Article
74.- Level of lump-sum social insurance
benefit
The level of lump-sum
social insurance benefit shall be calculated on the basis of the number of
years of paying social insurance premiums; for each year, laborers are entitled
to one month and a half of the average monthly income on which social insurance
premiums are based.
Article
75.- Reservation of social insurance
premium payment period
Laborers who stop
paying voluntary social insurance premiums but are still ineligible for
retirement pension as provided for in Article 70 or have not yet received a
lump-sum social insurance benefit under the provisions in Articles 73 and 74 of
this Law are entitled to reserve their social insurance premium payment period.
Article
76.- Average monthly income on which
social insurance premiums are based
1. The average monthly
income on which social insurance premiums are based is the average of all monthly
incomes on which social insurance premiums are based in the entire period.
2. Monthly incomes for
which social insurance premiums have been paid, which serve as the basis for
calculation of the average monthly income on which social insurance premiums
are based, shall be adjusted on the basis of the cost-of-living index of each
period stipulated by the Government.
Section
2. SURVIVORSHIP ALLOWANCE REGIME
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1. When the following
subjects die, the persons who take care of their funeral are entitled to a
funeral allowance:
a/ Laborers who have
paid social insurance premiums for at least five years;
b/ Persons who are on
pension.
2. The funeral
allowance is equivalent to ten months' common minimum salary.
3. When the subjects
specified in Clause 1 of this Article are declared dead by the court, their
relatives are entitled to the allowance specified in Clause 2 of this Article.
Article
78.- Survivorship allowance
1. When laborers who are
paying social insurance premiums, laborers who reserve a social insurance
premium payment period or persons who are on pension die, their relatives are
entitled to a lump-sum survivorship allowance.
2. The level of
lump-sum survivorship allowance for relatives of laborers paying social
insurance premiums or laborers reserving a social insurance premium payment
period shall be calculated on the basis of the number of years of paying social
insurance premiums; for each year, relatives are entitled to one month and half
of the average monthly income on which social insurance premiums are based.
3. The level of
lump-sum survivorship allowance for relatives of persons who are on pension
shall be calculated on the basis of such persons' period of enjoying retirement
pension; if they die within the first two months of enjoying retirement
pension, such allowance is equivalent to forty eight months of the currently
enjoyed retirement pensions; if they die in subsequent months, for each
additional month of enjoying retirement pension, the allowance shall be reduced
by half of the monthly retirement pension.
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1. For laborers who
paid compulsory social insurance premiums then paid voluntary social insurance
premiums, the calculation of the retirement regime or survivorship allowance
regime shall be based on the period of paying compulsory social insurance
premiums plus the period of paying voluntary social insurance premiums.
2. The calculation of
the average monthly salary, remuneration or income on which social insurance
premiums are based for laborers specified in Clause 1 of this Article shall be
stipulated by the Government.
Chapter
V
UNEMPLOYMENT
INSURANCE
Article
80.- Coverage of unemployment insurance
Unemployment insurance
shall compulsorily apply to laborers specified in Clause 3 and employers
specified in Clause 4, Article 2 of this Article.
Article
81.- Conditions for enjoying unemployment
insurance
Unemployed persons are
entitled to unemployment insurance when they fully satisfy the following
conditions:
1. Having paid
unemployment insurance premiums for full twelve months or more within twenty
four months before they become unemployed;
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3. Having not yet
found a job within fifteen days after the date of making unemployment
registration as provided for in Clause 2 of this Article.
Article
82.- Unemployment allowance
1. The monthly
unemployment allowance is equivalent to 60% of the average monthly salary or
remuneration of six consecutive months before unemployment on which
unemployment insurance premiums are based.
2. The period of
enjoying unemployment allowance is stipulated as follows:
a/ Three months, if
unemployment insurance premiums have been paid for between full twelve months
and under thirty six months;
b/ Six months, if unemployment
insurance premiums have been paid for between full thirty six months and under
seventy two months;
c/ Nine months, if
unemployment insurance premiums have been paid for between full seventy two
months and under one hundred and forty four months;
d/ Twelve months, if
unemployment insurance premiums have been paid for between full one hundred and
forty four months.
Article
83.- Vocational training support
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Article
84.- Job-seeking support
Persons who are on
unemployment allowance shall be provided with employment consultancy and
recommendation free of charge.
Article
85.- Health insurance
1. Persons who are on
unemployment allowance are entitled to the health insurance regime.
2. Social insurance
organizations shall pay health insurance premiums for persons who are on
unemployment allowance.
Article
86.- Suspension from enjoyment of
unemployment allowance
Persons who are on
unemployment allowance shall be suspended from enjoying unemployment allowance
in one of the following cases:
1. Failing to observe
the provisions of Point b, Clause 2, Article 16 of this Law;
2. Being put in
detention.
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1. Persons who are on
unemployment allowance are not entitled to such allowance in one of the following
cases:
a/ Their period of
enjoying unemployment allowance has expired;
b/ They have found a
job;
c/ They perform the
military service obligation;
d/ They are on
retirement pension;
e/ They have twice refused
to take up jobs recommended by the social insurance organization without
plausible reasons;
f/ They fail to abide
by the provisions of Point b, Clause 2, Article 16 of this Law for three months
in a row;
g/ They settle abroad;
h/ They serve a decision
on application of administrative handling measures at reformatory, education
camp, medical establishment or serve an imprisonment sentence which is not
suspended;
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2. Cases of
termination of enjoyment of unemployment allowances, which are specified at
Points b and c, Clause 1 of this Article, are entitled to a lump-sum allowance
equivalent to the remaining value of the unemployment allowance specified in
Article 82 of this Law.
3. After the
termination of enjoyment of unemployment allowances as provided for in Clause 1
of this Article, the previous duration of unemployment insurance premium
payment shall not be counted for subsequent enjoyment of unemployment
allowances.
Chapter
VI
SOCIAL
INSURANCE FUNDS
Section
1. COMPULSORY SOCIAL INSURANCE FUND
Article
88.- Sources for formation of the fund
1. Premiums paid by
employers under the provisions of Article 92 of this Law.
2. Premiums paid by
laborers under the provisions of Article 91 of this Law.
3. Profits from activities
of investment from the fund.
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5. Other lawful
sources of revenues.
Article
89.- Component funds
1. Sickness and
maternity fund.
2. Labor accident,
occupational disease fund.
3. Retirement and
survivorship allowance fund.
Article
90.- Use of the fund
1. Payment of social
insurance indemnities to laborers under the provisions in Chapter III of this
Law.
2. Payment of health
insurance premiums for pensioners or persons who are enjoying monthly labor
accident or occupational disease allowances during their leave.
3. Expenses for
management.
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5. Investment to
preserve and develop the fund according to the provisions of Articles 96 and 97
of this Law.
Article
91.- Levels and modes of payment by
laborers
1. Monthly, laborers
defined at Points a, b, c and d of Clause 1, Article 2 of this Law shall pay 5%
of their salaries or remuneration into the retirement and survivorship
allowance funds; and from 2010 on, an additional 1% shall be paid for every two
years until the payment level of 8% is achieved.
2. Laborers enjoying
salaries or remuneration according to production or business cycles in
agricultural, forestry, fishery or salt-making enterprises shall be subject to
the monthly social insurance premium payment levels specified in Clause 1 of
this Article; payment shall be made on a monthly, quarterly or biannual basis.
3. The levels and
modes of payment by laborers defined at Point f, Clause 1, Article 2 of this
Law shall be stipulated by the Government.
Article
92.- Levels and modes of payment by
employers
1. Monthly, employers
shall make payments calculated on the funds of social insurance payment
salaries and remuneration of laborers defined at Points a, e, c and d, Clause
1, Article 2 of this Law as follows:
a/ 3% into the
sickness and maternity fund; of which 2% shall be withheld by employers to pay
in time to laborers entitled to the regime specified in Section 1 and Section
2, Chapter III of this Law and conduct settlement thereof on a quarterly basis
with social insurance organizations;
b/ 1% into the labor
accident and occupational disease fund;
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2. Monthly, employers
shall make payments calculated on the common minimum salary for each laborer
defined at Point e, Clause 1, Article 2 of this Law as follows:
a/ 1% into the labor accident
and occupational disease fund;
b/ 16% into the
retirement and survivorship allowance fund; from 2010 on, an additional 2%
shall be paid for every two years until the payment level reaches 22%.
3. Employers of
agricultural, forestry, fishery or salt-making enterprises who pay salaries
according to production or business cycles shall make monthly payments at the
levels specified in Clause 1 of this Article; payments shall be made on a
monthly, quarterly or biannual basis.
Article
93.- Temporary cessation of payment into
the retirement and survivorship allowance fund
1. When employers meet
with difficulties and have to temporarily stop their production or business or
meet with difficulties due to natural disasters, crop failure, which render
laborers and employers incapable of making payments into the retirement and
death allowance fund, the payment can be temporarily ceased for no more than
twelve months.
2. The Government
shall specify the conditions and duration for temporary cessation of payment
and the competence to decide on the temporary cessation of payment.
Article
94.- Monthly compulsory social insurance
payment salaries, remuneration
1. For laborers
subject to the salary regime set by the State, their monthly social insurance payment
salaries shall be their rank- or grade-based salaries, or military rank-based
salaries and position allowances, extra-seniority allowances or professional
seniority allowances (if any). These salaries shall be calculated on the basis
of the common minimum salary.
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3. When the salaries
or remunerations specified in Clauses 1 and 2 of this Article are higher than
twenty months' common minimum salary, the monthly salary or remuneration on
which social insurance premiums are based is equivalent to twenty months'
common minimum salary level.
Article
95.- Management costs
1. Annual compulsory
social insurance management costs shall be deducted from the profits from
activities of investment from the funds.
2. Compulsory social
insurance management costs shall be equivalent to management costs of state
administrative agencies.
Article
96.- Investment principles
Activities of
investment from the social insurance fund must ensure safety, efficiency and
recoverability when necessary.
Article
97.- Investment forms
1. Purchase of debentures,
mercantile papers, bonds of the State, state-run commercial banks.
2. Lending to
state-run commercial banks.
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4. Other investment
forms provided for by the Government.
Section
2. VOLUNTARY SOCIAL INSURANCE FUND
Article
98.- Sources for formation of the fund
1. Premiums paid by
laborers as provided for in Article 100 of this Law.
2. Profits from
activities of investment from the fund.
3. The State's
supports.
4. Other lawful
sources of revenues
Article
99.- Use of the fund
1. To pay social
insurance indemnities to laborers under the provisions of Chapter IV of this
Law.
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3. To pay management
costs.
4. To make investments
to preserve and develop the fund under the provisions of Articles 96 and 97 of
this Law.
Article
100.- Levels and modes of premium payment
by laborers
1. The monthly premium
payment level is equivalent to 16% of the incomes laborers select for social
insurance premium payment; from 2010 on, an additional 2% shall be paid for
every two years until the payment level reaches 22%.
The income level
serving as a basis for calculation of payable social insurance premiums may
change, depending on laborers' capabilities in each period, but must be at
least equivalent to the common minimum salary and not more than twenty months'
common minimum salary.
2. Laborers may select
one of the following payment modes:
a/ Monthly payment;
b/ Quarterly payment;
c/ Biannual payment.
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1. Annual voluntary
social insurance management costs shall be deducted from the profits from
activities of investment from the fund.
2. Voluntary social
insurance management costs shall be equivalent to management costs of state
administrative agencies.
Section
3. UNEMPLOYMENT INSURANCE FUND
Article
102.- Sources for formation of the fund
1. Laborers' payment
of 1% of the monthly salary or remuneration on which unemployment insurance
premiums are based.
2. Employers' payment
of 1% of the fund of monthly salaries and remuneration of laborers who
participate in unemployment insurance on which unemployment insurance premiums
are based.
3. The state's monthly
budgetary support is equivalent to 1% of the fund of the salaries and
remuneration of laborers insured by unemployment insurance on which
unemployment insurance premiums are based, which is transferred once a year.
4. Profits from
activities of investment from the fund.
5. Other lawful
sources of revenues.
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1. To pay unemployment
allowances.
2. To support job
training.
3. To support job
seeking.
4. To pay health
insurance premiums for persons enjoying unemployment allowances.
5. To pay management
costs.
6. To make investment
to preserve and develop the fund under the provisions of Articles 96 and 97 of
this Law.
Article
104.- Management costs
The unemployment
insurance fund management costs are equivalent to management costs of state
administrative agencies.
Article
105.- Monthly salaries or remuneration on
which unemployment insurance premiums are based
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Chapter
VII
SOCIAL
INSURANCE ORGANIZATION
Article
106.- Social insurance organization
1. The social
insurance organization is a non-business organization functioning to
materialize the social insurance regimes and policies, to manage and use the
social insurance funds under the provisions of this Law.
2. The organizational
structure and tasks of the social insurance organization shall be stipulated by
the Government.
Article
107.- Social Insurance Management Council
1. The Social
Insurance Management Council shall be set up by the Government and have the
duty to direct and supervise activities of the social insurance organization.
2. The Social
Insurance Management Council is composed of representatives of the Ministry of
Labor, War Invalids and Social Affairs, the Ministry of Finance, the Vietnam
Confederation of Labor, the Vietnam Chamber of Commerce and Industry, the
Vietnam Union of Cooperatives, the social insurance organization and a number
of other members defined by the Government.
3. The Social
Insurance Management Council consists of its chairman, vice-chairmen and
members, who are appointed, relieved from office and dismissed by the Prime
Minister.
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Article
108.- Tasks of the Social Insurance
Management Council
1. To appraise annual
operation plans of, supervise and inspect the implementation thereof by, the
social insurance organization.
2. To decide on the
forms of investment from the social insurance funds at the proposal of the
social insurance organizations.
3. To propose
competent state bodies to elaborate, amend and supplement the social insurance
regimes, policies and law, the branch development strategy, the consolidation
of the organizational system of the social insurance organization, and the
mechanisms for management and use of the social insurance funds.
4. To propose the
Prime Minister to appoint, relieve from office or dismiss leading officials of
the social insurance organization.
Chapter
VIII
SOCIAL
INSURANCE IMPLEMENTATION PROCEDURES
Article
109.- Social insurance books
1. Social insurance
books shall be granted to individual laborers for monitoring the payment and
enjoyment of social insurance regimes and serve as a basis for settlement of
social insurance regimes under the provisions of this Law. The form of social
insurance books shall be set by the social insurance organization.
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Article
110.- Social insurance participation
dossiers
1. A compulsory social
insurance participation dossier comprises:
a/ The written
personal declaration of the laborer, made according to a form set by the social
insurance organization;
b/ The list of
laborers insured by compulsory social insurance, made by the employer;
c/ The copy of the
founding decision or the business registration certificate or the operation
license, for employers participating in social insurance for the first time;
the labor contracts, for employers being individuals who hire or employ
laborers.
2. A voluntary social
insurance participation dossier is the written personal declaration, made
according to a form set by the social insurance organization.
3. An unemployment insurance
participation dossier comprises:
a/ The written
personal declaration, made according to a form set by the social insurance
organization;
b/ The list of
laborers covered by unemployment insurance, made by the employer.
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1. Within thirty days
as from the date of concluding a labor contract, a working or recruitment
contract, the employer shall submit social insurance participation dossiers to
the social insurance organization as provided for in Clauses 1 and 3, Article
110 of this Law.
2. Laborers shall
submit social insurance participation dossiers to the social insurance
organization under the provisions of Clause 2, Article 110 of this Law.
3. The social insurance
organization shall grant social insurance books within thirty days after the
date of receipt of the valid dossiers from persons participating in compulsory
social insurance or unemployment insurance; twenty days after the date of
receipt of the valid dossiers of persons participating in voluntary social
insurance; if refusing to grant, it shall give written replies, clearly stating
the reason therefor.
Article
112.- Dossiers for enjoyment of the
sickness regime
1. The social
insurance book.
2. The written
certification of sickness leave for laborers being out-patients, the
hospital-discharge paper, for laborers hospitalized at a medical establishment,
the hospital discharge paper or diagnosis card of a hospital, for laborers
suffering from a disease on the list of those requiring long-term treatment.
3. Employer's written
certification of the working conditions of the laborer who performs a heavy,
hazardous or dangerous occupation or job, or works regularly in a region with
the regional allowance coefficient of 0.7% or more.
4. Employer's written
certification of the leave duration to take care of the laborer's sick child,
accompanied with the child's medical examination paper, for laborers taking
leave to look after their sick children.
5. The lists of
persons who take sickness leave and persons who take leave to look after their
sick children, made by the employer.
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1. The social
insurance book.
2. The copy of the
written birth certification or the copy of the birth certificate of the child
or the death certificate in case the newborn or the mother dies in childbirth.
When female laborers
have prenatal checks-up, miscarriage, abortion, fetocytosis or stillbirth or
laborers apply contraceptive measures, the written certification of a competent
medical establishment is required; when they adopt children of under four
months old, the law-specified certification is required.
3. Employer's
certification of the working conditions for the laborer who performs a heavy,
hazardous or dangerous occupation or job; works under the three-working shift
regime; regularly works in a region with the regional allowance coefficient of
0.7% or more, or the employer's certification that the female laborer is disabled.
4. The list of persons
enjoying the maternity regime, made by the employer.
Article
114.- Dossiers for enjoyment of the labor
accident regime
1. The social
insurance book.
2. The investigation
record of the labor accident; when the traffic accident is determined as a
labor accident, the record on the traffic accident is additionally required.
3. The
hospital-discharge paper after the treatment following the labor accident.
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5. The written request
for settlement of the labor accident regime.
Article
115.- Dossiers for enjoyment of the
occupational disease regime
1. The social
insurance book.
2. The record on
measurement of the contaminated environment; when the record gives
certification for many persons, the dossier of each laborer must contain an
extract thereof.
3. The hospital
discharge paper upon treatment of the occupational disease; in case of
treatment not at a hospital, a paper on occupational disease examination is
required.
4. The record on
examination of the working capacity decrease of the Medical Assessment Council.
5. The written request
for settlement of the occupational disease regime.
Article
116.- Dossiers for enjoyment of convalescence,
health rehabilitation allowances
1. The list of persons
who have enjoyed the sickness, maternity, labor accident or occupational
disease regime but remain weak, made by the employer.
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Article
117.- Settlement of the sickness and
maternity regimes and convalescence and health rehabilitation allowances after
sickness or maternity
1. Within three
working days after the date of receipt of the relevant complete and valid
dossiers from laborers specified in Articles 112 and 113 of this Law, employers
shall settle the sickness or maternity regime for laborers.
2. Quarterly,
employers shall submit the dossiers of the laborers for whom the sickness or
maternity regime or convalescence and health rehabilitation allowances have
been settled to the social insurance organization under the provisions of
Articles 112, 113 and 116 of this Law.
3. The social
insurance organization shall make the settlement thereof within fifteen days
after the date of receipt of the valid dossiers; in case of non-settlement, it
shall reply in writing, clearly stating the reason therefor.
Article
118.- Settlement of the labor accident and
occupational disease regimes, convalescence and health rehabilitation
allowances after treatment following labor accidents or of occupational
diseases
1. Employers shall
submit the dossiers to the social insurance organization as provided for in
Articles 114, 115 and 116 of this Law.
2. The social insurance
organization shall settle the regimes within fifteen days after the date of
receipt of the valid dossiers; in case of non-settlement, it shall reply in
writing, clearly stating the reason therefor.
Article
119.- Dossiers for enjoyment of retirement
pensions for persons participating in compulsory social insurance
1. The social
insurance book.
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3. The record on
examination of the working capacity decrease, made by the Medical Assessment
Council, for pensioners under the provisions of Article 51 of this Law.
Article
120.- Dossiers for enjoyment of lump-sum
social insurance indemnities by persons participating in compulsory social
insurance
1. The social
insurance book.
2. The decision on
retirement from work, for cases defined at Point a, Clause 1 of Article 55; the
decision on demobilization from the army or job severance, for cases specified
in Clause 2, Article 55 of this Law.
3. The record on
examination of the working capacity decrease, made by the Medical assessment
council, for cases defined at Point b, Clause 1, Article 55 of this Law.
4. A copy of the
overseas settlement paper, for cases defined at Point d, Clause 1, Article 55
of this Law.
5. The laborer's
written request, for cases defined at Point c, Clause 1, Article 55 of this
Law.
Article
121.- Dossiers for enjoyment of the survivorship
allowance regime for persons participating in compulsory social insurance
1. For persons
participating in social insurance and persons reserving the social insurance
payment period, a dossier for enjoyment of the survivorship allowance regime comprises:
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b/ The death
certificate, death notification or court decision declaring such person dead;
c/ The relative's
declaration, made according to a form set by the social insurance organization;
d/ The record on
investigation of the labor accident, the medical records on treatment of
occupational disease, for the case of death due to a labor accident or an
occupational disease.
2. For persons
currently enjoying retirement pensions, monthly labor or occupational disease
allowances with the working capacity decrease of 61% or more, a dossier for
enjoyment of survivorship allowance comprises:
a/ The death
certificate, death notification or court decision declaring such person dead;
b/ The relative's declaration,
made according to a form set by the social insurance organization.
Article
122.- Settlement of enjoyment of
retirement pensions, lump-sum social insurance indemnities, survivorship
allowances for persons participating in compulsory social insurance
1. Employers shall
submit dossiers to the social insurance organization under the provisions of
Articles 119 and 120 and Clause 1 of Article 121 of this Law.
2. Laborers who are no
longer involved in labor relations shall submit dossiers directly to the social
insurance organization under the provisions of Articles 119 and 120 of this
Law.
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4. The social
insurance organization shall settle the case within thirty days after the date
of receipt of the valid dossier, for persons enjoying retirement pensions;
fifteen days after the date of receipt of the valid dossier, for the case of
enjoying lump-sum social insurance indemnities or survivorship allowances; in
case of non-settlement, it shall reply in writing, clearly stating the reason
therefor.
Article
123.- Dossiers for enjoyment of retirement
pensions, lump-sum social insurance indemnities or the survivorship allowance
regime for persons participating in voluntary social insurance
1. A dossier for
enjoyment of retirement pension or lump-sum social insurance indemnities
comprises:
a/ The social
insurance book;
b/ The personal
declaration, made according to a form set by the social insurance organization.
2. A dossier for
enjoyment of the survivorship allowance regime comprises:
a/ The social
insurance book, for persons who are paying social insurance premiums;
b/ The death
certificate, death notification or court decision declaring such person dead;
c/ The relative's
declaration, made according to a form set by the social insurance organization.
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1. Laborers shall
submit dossiers to the social insurance organizations under the provisions of
Clause 1 of Article 123; relatives of the persons enjoying retirement pensions
shall submit dossiers as provided for in Clause 2, Article 123 of this Law.
2. The social
insurance organization shall settle the case within twenty days after the date
of receipt of the valid dossier, for persons enjoying pensions; ten days after
the date of receipt of the valid dossier, for the case of enjoying lump-sum
social insurance indemnities or the survivorship allowance regime; in case of
non-settlement, it shall reply in writing, clearly stating the reason therefor.
Article
125.- Dossiers for enjoyment of
unemployment insurance indemnities
1. The written request
for enjoyment of unemployment insurance indemnities, made according to a form
set by the social insurance organization.
2. A copy of the
expired labor contract, working contract or the agreement on termination of the
labor contract, working contract or the certification by the last employing
unit of the lawful unilateral termination of the labor contract or working
contract.
Article
126.- Settlement of enjoyment of
unemployment insurance indemnities
1. Laborers shall
submit dossiers to the social insurance organization under the provisions of
Article 125 of this Law.
2. The social
insurance organization shall settle the case within twenty days after the date
of receipt of the valid dossier; in case of non-settlement, it shall reply in
writing, clearly stating the reason therefor.
Article
127.- Dossiers for enjoyment of retirement
pensions or social insurance allowances, for persons who have completely served
imprisonment penalties
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a/ The social
insurance book;
b/ The copy of the
certificate of complete serving of the imprisonment penalty;
c/ The written request
for enjoyment of social insurance indemnities.
2. For persons who had
enjoyed retirement pensions, social insurance allowances, a dossier comprises:
a/ A copy of the
certificate of complete serving of the imprisonment penalty;
b/ The written request
for continued enjoyment of social insurance indemnities.
Article
128.- Settlement of enjoyment of
retirement pensions or lump-sum social insurance indemnities, for persons who
have completely served imprisonment penalties
1. Laborers shall
submit dossiers to the social insurance organization under the provisions of
Article 127 of this Law.
2. The social
insurance organization shall settle the case within thirty days after the date
of receipt of the valid dossier; in case of non-settlement, they shall reply in
writing, clearly stating the reason therefor.
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When persons enjoying retirement
pensions or monthly social insurance allowances move to other places of
residence within the country and wish to enjoy social insurance at the new
place, they must file their applications to the social insurance organization
of the old place where they are enjoying social insurance regimes.
The social insurance
organization shall settle the case within five days after the date of receipt
of the applications; in case of non-settlement, they shall reply in writing,
clearly stating the reasons therefor.
Chapter
IX
COMPLAINTS
AND DENUNCIATIONS ABOUT SOCIAL INSURANCE
Article
130.- Complaints about social insurance
1. Laborers or persons
who are enjoying retirement pensions or monthly social insurance allowances,
persons who are reserving their social insurance premium payment period and
other persons are entitled to complain about decisions or acts of employers or
of a social insurance organization when they have grounds to believe that such
decisions or acts violate the social insurance law, infringing upon their
respective legitimate rights and interests.
2. Employers are
entitled to complain about decisions or acts of a social insurance organization
when they have grounds to believe that such decisions or acts violate the
social insurance law, infringing upon their respective legitimate rights and
interests.
Article
131.- Competence, order and procedures for
settlement of complaints
1. Settlement of
complaints about administrative decisions or administrative acts regarding
social insurance shall be as provided for in the law on complaints and
denunciations.
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a/ Persons competent
to settle first-time complaints about social insurance are the persons who have
issued the complained decisions or performed the complained acts.
When the persons with
social insurance-related decisions or acts that are complained about no longer
exist, the district-level state management agencies in charge of labor are
competent to settle the complaints;
b/ When complainants
disagree with the decisions on settlement of the first-time complaints or when
at the expiration of the set time limit the complaints have not yet been
settled, they are entitled to initiate lawsuits at a court or complain with the
provincial-level state management agencies in charge of labor;
c/ When complainants
disagree with the complaint-settling decisions of the provincial-level state management
agencies in charge of labor or when at the expiration of the set time limit the
complaints have not yet been settled, they are entitled to initiate lawsuits at
a court.
d/ The statute of
limitations for lodging complaints and the time limit for settling complaints
shall be as provided for in the law on complaints and denunciations.
Article
132.- Denunciations, settlement of
denunciations about social insurance
Denunciations and the
settlement of denunciations about violations of law on social insurance shall
be as provided for in the law on complaints and denunciations.
Chapter
X
COMMENDATION,
REWARD, AND HANDLING OF VIOLATIONS
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1. Agencies,
organizations and individuals that record achievements in the implementation of
this Law or detect violations of the social insurance law shall be commended
and rewarded in accordance with law.
2. Employers that well
perform the work of labor protection, labor accident and occupational disease prevention
shall be commended and rewarded from the labor accident or occupational disease
insurance fund according to the Government's regulations.
Article
134.- Law-breaking acts related to social
insurance premium payment
1. Non-payment.
2. Payment not on
schedule.
3. Payment not at the
set levels.
4. Payment under the
level required for the number of people subject to social insurance premium
payment.
Article
135.- Law-breaking acts related to
procedures for implementation of the social insurance
1. Deliberately
hindering or obstructing laborer's enjoyment of social insurance regimes.
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Article
136.- Law-breaking acts related to the use
of social insurance premiums and funds
1. Using social
insurance premiums and funds in violation of law.
2. Reporting
untruthfully, supplying false information and data on social insurance premiums
and funds.
Article
137.- Law-breaking acts related to the
compilation of dossiers for enjoyment of social insurance regimes
1. Committing frauds
and forging dossiers.
2. Granting false
certificates or false examination papers.
Article
138.- Handling of violations
1. Agencies and
organizations that commit law-breaking acts specified in Articles 134, 135, 136
and 137 of this Law shall, depending on the nature and severity of their
violations, be administratively sanctioned; if causing damage, they must pay
compensations therefor in accordance with law.
2. Individuals who
commit law-breaking acts specified in Articles 134, 135, 136 and 137 of this
Law shall be administratively sanctioned, disciplined or examined for penal
liability, depending on the nature and severity of their violations; if causing
damage, they must pay compensations therefor in accordance with law.
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When an employer fails
to comply with the provisions of this Clause, at the request of the persons competent
to impose administrative sanctions, the bank credit institution or state
treasury shall deduct money from the deposit account of the employer to pay the
amount not yet paid or paid late and the interest on such amount.
Chapter
XI
IMPLEMENTATION
PROVISIONS
Article
139.- Transition provisions
1. The provisions of
this Law apply to persons who have participated in the social insurance before
this Law takes effect.
2. Persons who are
enjoying retirement pensions, monthly working capacity loss allowances, labor
accident or occupational disease allowances or survivorship allowances and
persons suspended from enjoying social insurance due to their law offenses
before this Law takes effect shall still comply with the previous regulations
and are entitled to the adjustment of the enjoyment levels in accordance with
law.
3. Persons who are
enjoying retirement pensions, monthly working capacity loss allowances, labor
accident or occupational disease allowances before this Law takes effect shall,
upon their death, enjoy the survivorship allowance regime provided for by this
Law.
4. If laborers who had
worked in the state sector before January 1, 1995, for a given duration have
not yet received the job severance allowance, lump-sum allowance or
demobilization allowance, this duration shall be counted as the duration of
social insurance premium payment.
5. Annually, the State
shall transfer from the budget an amount into the compulsory social insurance
fund to ensure full payment of retirement pensions and social insurance
allowances to persons enjoying retirement pensions, social insurance allowances
before January 1, 1995; and payment of social insurance premiums for the
working duration before January 1, 1995, for persons specified in Clause 4 of
this Article.
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Article
140.- Implementation effect
1. This Law takes
effect on January 1, 2007; particularly for voluntary social insurance, after
January 1, 2008, and unemployment insurance, after January 1, 2009.
2. All provisions
contrary to this Law are annulled.
Article
141.- Implementation guidance
The Government shall
detail and guide the implementation of this Law.
This
Law was passed on June 29, 2006, by the XIth National Assembly of the Socialist