Official dispatch 481/BHXH-CSXH guiding the implementation social insurance programs

• Số hiệu: 481/BHXH-CSXH
• Loại văn bản: Công văn
• Nơi ban hành: Bảo hiểm xã hội Việt Nam
• Người ký: Đỗ Thị Xuân Phương
• Ngày ban hành: 29/01/2013

THE SOCIAL SECURITY ADMINISTRATION OF VIETNAM -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 481/BHXH-CSXH Re. Guiding the implementation of social insurance programs	Hanoi, January 29, 2013

To

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Pursuant to the Circular No. 23/2012/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs (hereinafter referred to as the Circular No. 23/2012/TT-BLDTBXH) dated October 18, 2012 providing for amendments to several contents of the Circular No. 19/2008/TT-BLDTBXH of the Ministry of Labor, War Invalids and Social Affairs dated September 23, 2008, and with the objective of seeking to agree on certain regulations on implementation of social insurance programs, the Social Security Administration of Vietnam shall, after taking into account opinions contributed by the Ministry of Labor, War Invalids and Social Affairs in the Official Dispatch No. 4810/LDTBXH-BHXH dated December 20, 2012, provide the following instructions regarding:

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1. Where insured employees or their children under seven years old use healthcare services abroad, applications submitted to claim for sickness benefits covered by the social insurance scheme must include social insurance booklets, medical records issued by overseas healthcare providers and the List of employees qualifying for sickness benefits compiled in the given format by employers.      

2. Where employees’ social insurance contribution periods, which were recorded before, have been subject to any interruption (including permitted intermission), and these employees, however, suffer from illnesses, accidents at work or occupational diseases in the month when their work and social insurance contribution payment resume, the base pay rate used for calculation of insurance benefits covered by the insurance scheme for such illnesses, accidents at work or occupational diseases shall be the base pay rate used for calculation of social insurance contributions paid in that month.  

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3.1. Determination of the due date of retirement pension payment: Employees qualifying for retirement pension payments as referred to in Point 9a, 9b Clause 6 of the Circular No. 19/2008/TT-BLDTBXH dated September 23, 2008, which has been amended by Clause 4 Article 1 of the Circular No. 23/2012/TT-BLDTBXH , shall be entitled to retirement pension payments made upon the due dates thereof specified in employment termination decisions granted by employers or written requests submitted by employees.  Where the due dates upon which employees qualify for retirement pension payments as specified in employment termination decisions or in written requests submitted before these due dates (even when such written requests do not provide the specified dates of retirement pension payments), the due dates of retirement pension payments shall be the dates upon which employees are eligible to be paid retirement pensions in accordance with relevant laws and regulations.

Example 1: Mrs. K, born on January 21, 1958, has paid social insurance contributions for 27 years which enable her to be eligible for retirement pension payment in accordance with relevant laws and regulations from February 1, 2013. If the due date specified in Mrs. K’s employment termination decision (or written request) is May 1, 2013, the due date of her retirement pension payment is May 1, 2013. If the due date specified in Mrs. K’s employment termination decision (or written request) is January 1, 2013, the due date of her retirement pension payment is February 1, 2013. In the event that the claim for retirement pension payment is submitted before the due date of retirement pension payment that was not specified in Mrs. K's written request, payment of Mrs. K's claim for retirement pensions shall be made from February 1, 2013.

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Example 2: Mr. H, born on April 15, 1952, has paid social insurance contributions for 27 years which enable him to be eligible for statutory retirement pension payment scheme from May 1, 2012; the due date of retirement pension payment specified in his written request is May 1, 2012; Mr. H submits his claim for payment of his retirement benefits on June 24, 2013 because of serving his jail sentence. If Mr. H has to serve his jail sentence from April 20, 2012 to April 19, 2013, the due date of his retirement pension payment would be May 1, 2013. If Mr. H has to serve his jail sentence from July 20, 2012 to April 19, 2013, the due date of his retirement pension payment would be May 1, 2012 (the time span ranging from August 2012 to April 2013 shall be deducted from the total stipulated period of his retirement pension payment).  

3.2. Payment of late submitted claims for retirement pension payments

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- Where late submission results from employees’ serving their jail sentence or illegal immigration or being declared missing by the Court, amendments to their claims must be further submitted, as referred to in Clause 2, Article 22 of the Regulation on submission and processes for payment of claims for benefits covered by the social insurance scheme as an attachment to the Decision No. 777/QD-BHXH of the Social Security Administration of Vietnam dated May 17, 2010, as a basis for determination of the due dates of retirement pension payment; 

- Retirement pensions which have not been paid to employees during their late submission period shall be accrued and received by these employees at the rate specified in the social insurance scheme over periods without any interest to be included.

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II. Several contents of which general agreements on implementation are required

1. Social insurance schemes and benefits

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1.2. With regard to female employees undergoing miscarriage, curettage, suction abortion and stillbirth, and those using contraceptive methods, periods used for calculation of retirement pension payment are the actual number of these employees’ days-off, but are restricted to the statutory number of paid leaves under the Law on Social Insurance.  

1.3. With regard to employees giving birth, adopting children, taking pregnancy tests, undergoing miscarriage, curettage, suction abortion or stillbirth, or using contraceptive methods from the 15^th day onwards of a month when social insurance contributions are paid, the average wage or salary in a social insurance contribution month used for calculation of maternity benefit payment shall include the wage or salary used for paying social insurance contributions in that month. 

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1.5. Where days off for health recovery at the end of previous year are brought forward to the beginning of following year, such days off shall be included in the year when employees qualify for health recovery leaves.

1.6. With regard to non-commissioned officers or servicemen paid living costs from January 1995 to December 2006, their social insurance contribution periods shall be calculated only for payment of occupational accident, disease and death benefits. If they have changed to become salary payees and have paid contributions for 5 social insurance schemes during the periods when they serve as non-commissioned officers or servicemen, these periods shall be calculated to qualify them for access to 5 compulsory social insurance schemes.

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1.8. If the insured who are currently paid monthly pensions or retirement pensions along with locality allowances are subject to the temporary suspension of social insurance benefits because of serving their jail sentence or being declared missing by a Court, or illegally immigrating and then coming back to their registered permanent residence to continue to be paid monthly retirements pensions or social insurance benefits within the localities where their social insurance benefit payments were temporarily suspended earlier and which are still listed as localities where the insured are paid locality allowances, they shall be eligible to continue to be paid monthly retirement pensions, social insurance benefits along with stipulated locality allowances.

2. Application procedures

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2.2. Where employees need to take long-term medical treatment without medical consultations conducted by healthcare service establishments in accordance with the Ministry of Health's regulation, medical consultation sheets or records of hospitals, referred to in Point b Clause 2 Article 8 of the Regulations on application and procedures for payment of social insurance benefits promulgated as an attachment to the Decision No. 777/QD-BHXH dated May 17, 2010, shall be substituted by copies of medical records that specify sicknesses in the list of sicknesses subject to long-term medical treatment and provide attestation of employees' days-off for medical treatment by healthcare service establishments where such medical treatment occurs.   

2.3. Where employees take pregnancy tests and healthcare service establishments issue certificates of paid leaves covered by the social insurance scheme (C65-HD), these certificates shall be defined as the basis for applying for payment of maternity benefits (in lieu of pregnancy test certificates).

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2.5. If employees accidentally infected with HIV because of occupational risks are paid occupational disease benefits, applications for payment of social insurance benefits include:

a. Social insurance book;

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c. Copy of statement of accidentally occupational risks (the form and issuing power referred to in the Decision No. 120/2008/QD-TTg of the Prime Minister dated August 29, 2008);

d. Copy of certificate of HIV infection resulting from accidentally occupational risks (the form and issuing power referred to in the Decision No. 120/2008/QD-TTg of the Prime Minister dated August 29, 2008);

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The due dates of social insurance benefit payments made to these employees shall begin from the month of issuance of certificate of HIV infection resulting from accidentally occupational risks.

III. Implementation

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1. Social Security agencies of provinces, cities, Social Security agencies of the Ministry of National Defence; Social Security agencies of the People’s Public Security; Social Security agencies of the Government Cipher Committee to refer to Social Insurance laws and regulations, regulations set out in the Circular No. 23/2012/TT-BLDTBXH and instructions provided herein to provide guidance for Social Security agencies at the district level, employers, employees, affiliations or units, where appropriate, to initiate implementation; payment of social insurance benefit claims submitted by employees in accordance with laws and regulations.

2. Communication center:

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3. Other entities affiliated to the Social Security Administration of Vietnam to, subject to its assigned functions and duties, implement contents concerned as provided for in this instrument.

In the course of implementation, if any difficulty arises, the Social Security Administration of Vietnam must be duly informed for further study and guidance./.

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