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VIETNAM SOCIAL
SECURITY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 11/BHXH-CSXH
guiding provision of social insurance
benefits according to Decree No. 97/2022/ND-CP of the Government of Vietnam
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Hanoi, January
04, 2023
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To:
- Social insurance agencies of provinces and
central-affiliated cities;
- Social insurance agencies of the Ministry of National Defense;
- Social insurance agencies of the Vietnam People's Public Security.
Pursuant to Decree No. 97/2022/ND-CP dated November
29, 2022 of the Government on policies for redundant employees upon transfer of
ownership or rearrangement of wholly state-owned single-member limited
liability companies (hereinafter referred to as "Decree No.
97/2022/ND-CP”) and applicable regulations of Vietnam Social Security (VSS) on
collection of social insurance premiums, grant and management of social
insurance books, claims and procedures for grant of social insurance benefits,
pensions, social insurance payouts, Social insurance agencies of provinces and
central-affiliated cities (hereinafter referred to as "social insurance
agencies of provinces"), social insurance agencies of the Ministry of
National Defense, social insurance agencies of the Vietnam People's Public
Security shall instruct social insurance agencies of districts and employers,
employees and relevant units to organize implementation according to
regulations in Decree No. 97/2022/ND-CP and documents of Vietnam social
Security.
VSS shall issue instructions on collection of
social insurance premiums and provision of social insurance benefits for
redundant employees prescribed in Clauses 1, 2 and 3 Article 3 and Clause 5
Article 13 of Decree No. 97/2022/ND-CP as follows:
1. Grounds for
collection of social insurance premiums and provision of social insurance
benefits
The list of redundant employees who reach the
retirement age approved by agencies representing business owners (using Form
No. 07 and Form No. 08 enclosed with Decree No. 97/2022/ND-CP) and sent by
employers is the basis for collection of social insurance premiums and
provision of social insurance benefits for redundant employees as prescribed in
Decree No. 97/2022/ND-CP.
2. Regarding
collection of social insurance premiums
In case the redundant employee prescribed in Clause
3 Article 3 of Decree No. 97/2022/ND-CP who has the remaining social insurance
contributions paid in lump sum by the State in order to be eligible for
retirement benefits: Social insurance agencies of provinces, social insurance
agencies of the Ministry of National Defense and social insurance agencies of
the Vietnam People's Public Security shall, on the basis of applicable
regulations of VSS on promulgation of procedures for collection of social
insurance premiums, health insurance premiums, unemployment insurance premiums,
occupational accident insurance premiums, occupational disease insurance
premiums; management of social insurance books and health insurance cards,
collect a lump sum of unpaid social insurance premiums for the pension
fund and deceased's pension fund as prescribed; and, record as well as certify the
social insurance book as prescribed and specify contents in the social
insurance book as follows: "lump-sum payment for the remaining social
insurance premiums as prescribed in Decree No. 97/2022/ND-CP; the period is …
month(s), the date of full payment is …[date]…”.
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The provision of pension shall comply with the
regulations in Point a Clause 1, Point a Clause 2, Clause 3 Article 3 of Decree
No. 97/2022/ND-CP.
a) Time for receiving retirement pension of
employees:
+ Regarding an employee who takes a retirement
according to the regulations in Clauses 1 and 2 Article 3 of Decree No.
97/2022/ND-CP: time for receiving retirement pension of the employee shall be
the date of receiving retirement pension which is mentioned in the document on
termination of employment contract made by his/her employer when he/she fully
satisfies requirements as prescribed and is included in the approved List.
+ Regarding an employee who takes a retirement as
prescribed in Clause 3 Article 3 of Decree No. 97/2022/ND-CP: time for
receiving retirement pension shall be calculated from the month in which the
employee has fully paid his/her remaining social insurance premiums to
the pension fund and deceased's pension fund.
b) A claim for granting retirement pensions
include:
- A social Insurance book;
- A document proving the termination of the
employment contract of the competent agency/unit;
- A list of retirees confirmed by the competent
regulatory agency (using Form No. 07, Form No. 08 enclosed with Decree No.
97/2022/ND-CP) sent by the employer.
The phrase “Pursuant to Decree No. 97/2022/ND-CP
dated November 29, 2022 of the Government” is added to the legal basis of the
Decision on granting monthly retirement pensions (using Form No. 07A-HSB); and
the phrase “Retirement” written in the top right corner of the Decision is
replaced with the phrase “RETIREMENT – ND 97”.
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Provincial Social Insurance Agencies, Social
Insurance Agencies of the Ministry of National Defense, Social Insurance
Agencies of the People's Public Security shall make reports on the collection
of social insurance premiums and grant of pensions for persons who have retired
early due to redundancy according to the regulations in Decree No. 97/2022/ND-CP
(using Form No. 14-ND97 enclosed herewith) providing for periodic social
insurance of Vietnam on January 10 of the following year and on demand.
5. Organization of
implementation
5.7. Provincial Social Insurance Agencies,
Social Insurance Agencies of the Ministry of National Defense, Social Insurance
Agencies of the People's Public Security
In order to well implement benefits and policies
for redundant employees upon transfer of ownership or rearrangement of wholly
state-owned single-member limited liability companies, Provincial Social
Insurance Agencies, Social Insurance Agencies of the Ministry of National
Defense, Social Insurance Agencies of the People's Public Security shall, based
on regulations of the law on social insurance, Decree No. 97/2022/ND-CP, and
professional guidelines of Vietnam Social Security, proactively cooperate with
relevant agencies in provinces in promptly providing social insurance benefits
for employees in accordance with regulations.
5.2. Committee for implementing social
insurance policies
Take charge and cooperate with relevant units in
directing and inspecting and guiding implementation of this document.
5.3. Information Technology Centers
Based on regulations of the policies and guidelines
in this document, adjust and add professional software relevant to the
implementation of policies for the employees prescribed in Decree No.
97/2022/ND-CP; run the professional software and provide guidelines on the
development of the professional software to provincial social insurance
agencies, including:
- Updating the software to specify the following
content in social insurance books: “Lump-sum payment of the arrears in
accordance with Decree No. 97/2022/ND-CP for the period of … months on
..[date]…”.
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+ The function of checking before confirming
retirement benefits for redundant employees according to Decree No.
97/2022/ND-CP;
+ Form No. 07A-HSB: Decision on granting monthly
retirement benefits according to the above-mentioned guideline at Point b
Clause 3.
+ Form No. 14-ND97 which is added in order that
social insurance agencies of provinces and cities can update the collection of
social insurance premiums and grant of pensions for persons who have retired
early due to redundancy and then report to Vietnam Social Security.
+ The function of combination of collection of
social insurance premiums and grant of pensions for persons who have retired
early due to redundancy using Form No. 14 enclosed with Decree No.
97/2022/ND-CP which is added to serve the purpose of submitting annual reports
to the Ministry of Labor, War Invalids and Social Affairs and submitting
reports at the request of the Ministry.
- Adjusting relevant professional software to
satisfy the regulations in this document.
5.4. Other units affiliated to Vietnam Social
Security
Guide implementation of relevant contents under
their functions and tasks.
Difficulties that arise during the period of
implementation of this Circular should be reported promptly to Vietnam Social
Security for consideration./.
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PP. GENERAL
DIRECTOR
DEPUTY GENERAL DIRECTOR
Le Hung Son
Form No.
14-ND97
Higher authority
…[country]….Social security
REPORT ON
RESULTS OF COLLECTION OF SOCIAL INSURANCE PREMIUMS AND GRANT OF PENSIONS FOR
PERSONS WHO HAVE RETIRED EARLY DUE TO REDUNDANCY IN ..[YEAR]...
(issued together with Official Dispatch No. 11/BHXH-CSXH dated January
04, 2023 of Vietnam Social Security)
No.
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Number of unit
Name of enterprise making rearrangement
On the basis of the confirmed plan
Results
The number of employees who have retired early due to
redundancy (persons)
The number of redundant employees whose full
retirement age is reached but period of social insurance premium payment does
not end
The number of employees who have retired early due to
redundancy (persons)
The number of redundant employees whose full
retirement age is reached but period of social insurance premium payment does
not end
The number of persons
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The number of persons
Lump-sum payment of the arrears to the
retirement and survivorship allowance fund
The number of months in which the social insurance
premiums is still outstanding (months)
The premiums payable (VND)
The number of months in which the arrears have been
paid (months)
The amount of arrears which have been paid
(VND)
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(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
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(12)
1
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2
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3
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Scheduler
(signature and full name)
Team leader/head of social insurance
service Department
(signature and full name)
.…(location)…,……(date) .........
Head of agency
(signature and seal)
Note: The Social insurance service team/Social
insurance service department shall be responsible for scheduling.