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THE SOCIAL
SECURITY ADMINISTRATION OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 481/BHXH-CSXH
Re. Guiding the implementation of social
insurance programs
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Hanoi,
January 29, 2013
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To
Social Security agencies of centrally-governed
cities or provinces;
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
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:
I. Implementation of the Circular No.
23/2012/TT-BLDTBXH
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.
3. Payment of
claims for retirement pensions
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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.
With respect to persons who completed their jail
sentence, illegal immigrants who return for legal residence, persons previously
declared missing by a Court who finally turn up alive, all of whom are eligible
for stipulated retirement pension payments, the periods of time during which
they served their jail sentence, were declared missing by the Court or
illegally immigrated shall be taken away from the retirement pension payment
period.
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
- Where claims for retirement pension payments are
submitted after the stated deadlines, explanations should be given in writing
by employers (applicable to employees who are paying compulsory social
insurance contributions) or employees (applicable to persons who pay compulsory
social insurance contributions on their own account, are allowed to take
permitted intermission for their social insurance contribution, and are
participating in voluntary social insurance scheme).
Such explanations should clearly define where
employees resided during late submission period, or whether they were jailed,
illegally immigrated or declared missing by the Court, and should also provide
the commitment to take legal responsibility for given information;
- 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.
With regard to payment of late-submitted retirement
pension claims are made from December 1, 2012, employers and employees should
be guided to provide further explanations on reasons for such late submission
as valid grounds for payment of their benefits. Where employees make late
submission of their claims for retirement pension payments which exceeds at
least 6 months compared with the due dates of retirement pension payment, the
Social Security agency at the provincial or district level (with reference to
delegation of powers to process such claims) must verify whether claim-submitting
employees were jailed, illegally immigrated or were declared missing by a Court
as a basis for payment of retirement benefit claims in accordance with relevant
laws and regulations (except when such claims have included the certificate of
jail sentence completion, statement of homeland return for legal residence or
determination of the Court on return of a missing person).
II. Several contents of which general agreements
on implementation are required
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1.1. Where both fathers and mothers participating
in social insurance scheme have, at the same time, a minimum of their 2
children suffering sickness and both of them have to take leave from work to
provide care to their ill children, and medical records are signed by either
fathers or mothers who have to take leave to provide care to their children,
employees whose names are signed in their respective children's medical records
shall qualify for payment of sickness benefits under Article 24 of the Law on Social
Insurance.
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 15th
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.
1.4. Periods for calculation of maternity benefits
paid to employees giving birth or adopting children begin from the date on
which these employees take leave from work to give birth under the provisions
of the Labor Code or from the date on which they adopt their children. In the
event that employees give birth or adopt their children after employment
termination, periods for calculation thereof shall begin from the dates of
child birth and adoption).
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.
1.7. During military service periods of the insured
governed under Point a, Clause 6, Article 8 of the Joint Circular No.
03/2010/TTLT-BNV-BTC-BLDTB&XH dated May 27, 2010, if social insurance
benefits are revoked by competent authorities under the Decision No.
142/2008/QD-TTg dated October 27, 2008 and the Decision No. 38/2010/QD-TTg
dated May 6, 2010 of the Prime Minister, military service periods shall be
progressively added to term of office as provided by the Decree No. 09/1998/ND-CP
for the purpose of calculation of social insurance benefit payments (in
accordance with regulations laid down in the Official Dispatch No. 2773/BQP-CT
of the Ministry of National Defence dated October 11, 2011).
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).
2.4. Where employees suffering from occupational
accidents have to take outpatient treatment (without hospital discharge
certificates), health examination or disability treatment certificates shall
serve as the basis for payment of occupational accident benefits.
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;
b. Written request for payment of occupational
disease benefits submitted by employers (form No. 05A-HSB);
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);
e. Statement of evaluation of work incapacity
degree issued by Medical Assessment Council.
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III. Implementation
With the aim of providing best practice in
implementation of social insurance programs for employees participating in
social insurance programs, the Social Security Administration of Vietnam
requests:
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:
Subject to regulations set forth in social
insurance programs and instructions given in this instrument, to harmonize
programs for consideration of approval of social insurance benefit payments
with these regulations and instructions, and provide timely guidance for such
programs.
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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PP.
DIRECTOR-GENERAL
DEPUTY DIRECTOR-GENERAL
Do Thi Xuan Phuong