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MINISTRY OF
LABOR – INVALIDS AND SOCIAL AFFAIRS
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SOCIALIST REPUBLIC
OF VIETNAM
Independence –
Freedom – Happiness
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No. 3432/LDTBXH-BHXH
Regarding the disposition of social
insurance benefits as per the 2014’s Law on social insurance
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Hanoi, September 08, 2016
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To: Vietnam
Social Security.
In response to the Letter No. 1640/BHXH-CSXH dated
May 09, 2016 and Letter No. 427/BHXH-CSXH dated February 04, 2016 by Vietnam
Social Insurance on its seeking clarification of certain inquiries about the
disposition of social insurance benefits according to the 2014’s Law on social
insurance, the Ministry of Labor - Invalids and Social affairs provides the
following answer:
1. Illness
benefit:
An employed person contributing to the sickness and
maternity fund under compulsory social insurance shall receive a sickness
benefit commensurate with the most recent month’s salary from which social
insurance contribution was calculated prior to his paid or unpaid absence for
the duration of at least 14 work days due to his falling sick, having a
non-occupational accident or giving care to his sick child of less than 7 years
of age. If that person's sickness persists and prolongs his inevitable absence
from work in subsequent months, the sickness benefit shall be based on the most
recent month's salary from which social insurance contribution was calculated
prior to his absence.
2. Maternity
benefit:
a) A female worker pregnant with multiples then
suffering stillbirth or loss of one or all neonates shall receive a one-time
childbirth benefit according to Article 38 of the Law on social insurance. Such
benefit varies according to the quantity of stillborns
and neonates born alive and dead.
b) Pursuant to Section 3, Article 31 of the Law on
social insurance, a pregnant female worker having contributed to social
insurance for at least 12 months, if taking a maternity leave prescribed by a
competent health care facility, is required to have contributed to social
insurance for at least 03 of the 12 months prior to her giving birth. Law on
social insurance and guiding documents do not define the minimum length of
maternity leave that enables the maternity benefit stated above.
c) The one-time childbirth benefit, in case only
the father contributes to social insurance according to Article 38 of the Law
on social insurance, shall be granted to the mother despite her ineligibility
for such benefit providing that the father meets the requirements specified in
Section 2, Article 9 of the Circular No. 59/2015/TT-BLDTBXH dated December 29,
2015 by the Ministry of Labor - Invalids and Social affairs.
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dd) A male worker contributing to the sickness and
maternity fund under compulsory social insurance, when his wife gives birth,
can take paternity leave on separate days totaling the duration specified in
Section 2, Article 34 of the Law on social insurance.
A male worker shall take paternity leave within 30
days from the date that his wife gives birth. If he takes leave on separate
days, his last period of leave must be initiated within 30 days upon his wife's
childbirth.
e) The maximum duration of postpartum recovery
specified in Section 2, Article 41 of the Law on social insurance is meant for
a calendar year starting on the 01st of January and ending on the 31st
of December.
The duration of recovery shall be based on the
worker's actual non-working period inclusive of regulated holidays and weekly
days off.
3. Retirement
benefit:
a) The eligibility for pension, calculation of
pension rate, early retirement reduction percentage, calculation of actual age
and contributory period with incomplete months in surplus, and one-time
retirement benefit for individuals specified in Section 2, Article 28 of the
Government’s Decree No. 115/2015/ND-CP dated November 11, 2015 shall be
governed by relevant laws taking effect before January 01, 2016.
If such individuals receive the pension from
February 01, 2016 onwards, their retirement benefit shall be governed by the
2014’s Law on social insurance.
b) The retirement benefit for a female worker
conducting specialized or non-specialized tasks of a commune, ward or district
and having contributed to compulsory social insurance for full 15 to at most 20
years shall be governed by the following regulations:
- If
such individual leaves employment and has social insurance contribution time
reserved before January 01, 2016, she shall be granted a pension according to
Section 3, Article 54 of the 2014’s Law on social insurance providing that she
reaches the full age of 55 and applies for such pension after January 01, 2016.
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- If
such individual continues contributing to compulsory social insurance (though
no longer identified as a specialized or non-specialized worker in a commune,
ward or town), the retirement benefit shall be governed by Section 1 and
Section 4 of Article 54 and by Article 55 of the 2014’s Law on social
insurance.
c) If the calculation of the average amount of the
salary on which social insurance is contributed, for determining the pension or
one-time benefit, includes the time before October 01, 2014 at which social
insurance was contributed as per the governmental salary scheme, the monthly
salary on which social insurance is contributed in such period shall be
converted according to the salary scheme in effect upon the granting of the
retirement benefit or death benefit. For workers who were employed by
enterprise(s) contributing to social insurance as per the governmental salary
scheme and receive their social insurance benefit on or after January 01, 2016,
the monthly salary on which social insurance was contributed before the 01st
of October 2004, as mentioned above, shall be converted according to the
Government's Decree No. 205/2004/ND-CP dated December 14, 2004.
For social workers who continue contributing to
compulsory social insurance upon their repatriating after completing an
overseas employment assignment, the monthly salary on which social insurance
contribution is determined for the overseas employment period shall be twice as
much as the statutory pay rate in force upon the granting of the social
insurance benefit.
d) If a worker reaches the pension age but his
compulsory social insurance contribution time is short of at most 06 months as
per Section 6, Article 85 of the Law on social insurance or of at most 30
months as per Point e, Section 1, Article 3 of the Government’s Decree No.
26/2015/ND-CP dated March 09, 2015, such person can make an additional
contribution to the retirement and death benefit fund at once to be eligible for
pension. The salary of the month prior to termination of employment shall be
deemed as the contributory salary of the insufficient months.
If such person undertakes a (extremely) hard or
hazardous profession or is entitled to an working region-based benefit
coefficient of at least 0.7 prior to the month that employment ends, the amount
of insufficient months for which the additional contribution to social
insurance is made shall not be included in the duration during which he
undertook hard or hazardous works or worked in an area to which the
region-based benefit coefficient of 0.7 or higher applies.
dd) Workers who reach the
pension age and have made the one-time contribution to the retirement and death
benefit fund before January 01, 2016 to fulfill compulsory social insurance
contribution for an insufficient amount of at most 06 months shall be granted
the pension from January 01, 2016 onwards.
e) If a person whose contribution to social
insurance started before January 01, 2014 and has since continued or been
reserved passes away upon the calculation of his one-time social insurance
benefit or one-time death benefit, the incomplete months in surplus from the
contribution period before January 01, 2014 shall be brought forward to the
social insurance contribution period accounted from January 01, 2014 onwards.
g) The one-time benefit for a person on a pension
immigrating to a foreign country as per Article 65 of the 2014’s Law on social
insurance, if his social insurance contribution period has incomplete months in
surplus, shall be calculated in such a method similar to that for the one-time
social insurance benefit covering a contribution period with incomplete months
in surplus.
4. Death
benefit:
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- If
the child is under 18 years of age, his age shall include the full month
preceding the month of birth in which the child turns 18.
- If
the child is under 6 years of age, his age shall include the full month
preceding the month of birth in which the child turns 6.
b) If the documents do not clarify the day and
month of birth of the worker’s family member(s) upon the calculation of the
death benefit, the 01st of January of the year of birth shall be
used.
c) The income of the worker’s family member(s)
shall be determined as per Section 3, Article 67 of the Law on social insurance
for the month of the worker’s death so as to calculate the monthly death
benefit.
The family member, after granted a monthly death
benefit as per regulations, shall continue receiving such benefit on monthly
basis even though such person’s income is later higher than the statutory pay
rate.
d) A worker or his family member, if concluded
eligible for social insurance benefit after undergoing a functional capacity
evaluation, shall be reimbursed for the expense of such evaluation as per
Section 4, Article 84 of the Law on social insurance.
5. Voluntary
social insurance:
a) A contributor to voluntary social insurance
reaching the regulated pension age shall be granted a pension from the month
immediately succeeding the month that he applied for making a one-time
contribution to voluntary social insurance for any insufficient time between
January 01, 2016 and the date preceding the effective date of the Circular No.
01/2016/TT-BLDTBXH, though the social insurance authority collects such
contribution on or after April 04, 2016 as per the Circular No.
01/2016/TT-BLDTBXH, providing that he has contributed to the retirement and
death benefit fund before July 01, 2016 and that the social insurance
authority's software or documents on applications display the time of such
worker’s submission of his application.
b) A worker contributing to voluntary social insurance
and having selected a contribution method specified in Section 2, Article 87 of
the Law on social insurance shall be granted the right to make an one-time
contribution for insufficient years to receive the pension immediately upon
attaining his eligibility (i.e. full age of 60 for men and 55 for women, and
maximum amount of 10 insufficient years) regardless of his fulfillment of such
method.
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a) Region-based benefit
- The
duration of a person’s employment in a B-class or C-class battlefield before
April 30, 1975 and a in K-class battlefield before August 31, 1989 shall be
regarded as the time of employment in an area to which the region-based benefit
coefficient of 0.7 applies with regard to the requirements for retirement
benefit.
- The
duration of employment before January 01, 1995 in an area to which the
region-based benefit coefficient of 0.7 or higher applies shall be determined,
with regard to retirement benefit, according to the Joint Circular No.
11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT dated January 05, 2005 by the Ministry of
Home affairs, Ministry of Labor - Invalids and Social affairs, Ministry of
Finance and the Committee for Ethnic minority affairs.
If a worker’s past working site is not defined or
is specified with a region-based benefit coefficient of less than 0.7 by the
Joint Circular No. 11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT but is specified with such
a rate of 0.7 or higher by previous legislative documents, such previous
documents shall govern the requirements for retirement benefit.
- The
one-time region-based benefit for a worker who worked in a B-class battlefield
that is specified with a region-based benefit coefficient by the Joint Circular
No. 11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT shall be based on the higher region-based
benefit coefficient.
- The
one-time region-based benefit for a person granted with social insurance
benefit before January 01, 2016 shall be governed by the Government’s Decree
No. 122/2008/ND-CP dated December 04, 2008 and by the Circular No.
03/2009/TT-BLDTBXH dated January 22, 2009 by the Ministry of Labor - Invalids
and Social affairs. The rate of the one-time region-based benefit for the
duration of employment before January 01, 1995 as included in social insurance
benefit and the period of social insurance contribution from January 1995
onwards shall be based on the administrative division of a worker's working
site according to the Appendix to the Joint Circular No.
11/2005/TTLT-BNV-BLĐTBXH-BTC-UBDT on the region-based benefit coefficients for
localities and employers.
b) The rate of a pension, if including the duration
of employment before January 01, 1995, or the rate of a monthly benefit, if
including the duration of employment before January 01, 1998, shall be governed
by the regulations in effect upon a worker's wait for the calculation of such
pension or monthly benefit as per Article 25 of the Decree No. 115/2015/ND-CP
after having been approved in writing for termination of employment.
c) The incumbency of a deputy chief of communal
police before January 01, 1995 shall be determined, with regard to social
insurance benefit, according to the document no 17/HT dated January
04, 1978 by the Ministry of Invalids and Social affairs.
Vietnam Social Insurance is requested to provide
relevant instructions to provincial social insurance agencies./.
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p.p. MINISTER
DEPUTY MINISTER
Pham Minh Huan