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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 157/2025/ND-CP
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Hanoi, June 25,
2025
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DECREE
ON
ELABORATION AND IMPLEMENTATION MEASURES OF CERTAIN PROVISIONS OF THE LAW ON
SOCIAL INSURANCE ON COMPULSORY SOCIAL INSURANCE FOR PROFESSIONAL SERVICEMEN,
PEOPLE'S PUBLIC SECURITY OFFICERS, STANDING MILITIA AND CIPHER WORKERS
RECEIVING THE SAME SALARIES AS PROFESSIONAL SERVICEMEN
Pursuant to Law on Government Organization dated
February 18, 2025;
Pursuant to Law on social insurance dated June
29, 2024;
At the request of the Minister of National
Defense
The Government issues Decree
on elaboration and implementation measures of certain provisions of
the Law on Social Insurance on compulsory social insurance for
professional servicemen, people's public security officers, standing militia
and cipher workers receiving the same salaries as professional servicemen.
Chapter I
GENERAL PROVISIONS
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This Decree provides elaboration and
implementation measures of certain provisions of the Law on Social Insurance on
compulsory social insurance for professional servicemen, people's public
security officers, standing militia and cipher workers receiving the same
salaries as professional servicemen.
Article 2. Regulated entities
1. Employees specified in points d, dd Clause 1
Article 2 of Law on Social Insurance.
2. Employees specified in point e Clause 1 Article
2 of Law on Social Insurance.
3. Employees specified in Clause 1 of this Article
who are sent to study or for internship or to work or to research or to
receive medical treatment overseas while
still receiving salary or rank allowances or living expenses and pay social
insurance as prescribed shall be subject to compulsory social insurance
participation.
4. Employers that are social insurance participants
specified in Clause 3 Article 2 of Law on Social Insurance, including:
agencies, units, organizations, and individuals relevant to the implementation
of social insurance policies for regulated entities in this Decree.
Chapter II
ORGANIZATION
IMPLEMENTING SOCIAL INSURANCE IN THE MINISTRY OF NATIONAL DEFENSE, MINISTRY OF
PUBLIC SECURITY
Article 3. Military Social
insurance authorities, People's Public Security insurance authorities
(hereinafter referred to as “Military SSAs and People’s Public Security SSAs”)
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a) Organize the implementation of regimes and
policies of compulsory social insurance, health insurance, and unemployment
insurance for employees and health insurance for their family members under the
management of the Ministry of National Defense, Ministry of Public Security as
prescribed by laws.
b) Manage the of compulsory social insurance fund,
health insurance fund, and unemployment insurance fund used within the Ministry
of National Defense, Ministry of Public Security.
2. Military SSAs and People's Police SSAs are under
the guidance and professional direction of the Vietnam Social Security (VSS) as
prescribed.
Article 4. Organizations of
social insurance implementation in the Ministry of National Defense, Ministry
of Public Security
Organizations of social insurance implementation
in the Ministry of National Defense, Ministry of Public Security shall
comply with Articles 16, 17, and 18 of the Law on Social Insurance and the
following contents:
1. Develop long-term, mid-term, and annual social
insurance work plans in the Ministry of National Defense, Ministry of Public
Security.
2. Prepare estimates of annual social insurance
revenue and expenditure, allocate social insurance revenue and expenditure,
settle social insurance revenue and expenditure for units affiliated to the
Ministry of National Defense, Ministry of Public Security; perform settlement
of social insurance revenue and expenditure with VSS.
3. Perform other rights and responsibilities as
prescribed by social insurance laws, health insurance laws, and unemployment
insurance laws.
Chapter III
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Article 5. Social insurance
books
1. Social insurance books shall be issued to
employees working at the Ministry of National Defense, Ministry of Public
Security and managed in accordance with Clauses 1, 2, and 3 Article 25 of the
Law on Social Insurance.
2. The issuance and management of social insurance
books for employees working at the Ministry of National Defense, Ministry of
Public Security are determined by the Minister of National Defense and the
Minister of Public Security.
Article 6. Salaries on which
compulsory social insurance premiums are paid for entities specified in points
dd and e Clause 1 Article 2 of the Law on Social Insurance
1. Salaries on which compulsory social insurance
premiums are paid for entities specified in points dd and e Clause 1 Article 2
of the Law on Social Insurance shall be as follows:
In the first two years, the monthly payment shall
be 02 times the reference level, and then for each subsequent year, it shall
increase by 0.5 times the reference level, up to a maximum of 04 times the
reference level at the time of payment.
2. In cases where the employee falls under any case
specified in points dd and e Clause 1 Article 2 of the Law on Social Insurance
1 Article 2 of the Law on Social Insurance both before and after July 1, 2025,
the salary on which compulsory social insurance premiums are paid from July 1,
2025 onwards shall be calculated according to Clause 1 hereof; the first two
years on which compulsory social insurance premiums are paid shall be counted
from the time of enlistment, performing people's public security service
performance, participating in military/police/cipher academies and receiving
living expenses, or participating in standing militia force.
Article 7. Retrospective
collection and payment of compulsory social insurance premiums as prescribed in
Clause 3 Article 31 of the Law on Social Insurance
1. When the employee’s salary is adjusted upwards,
increasing the salary on which compulsory social insurance is paid, the employer
and the employee specified in Clause 1 and Clause 3 Article 2 of this Decree
shall be responsible for retrospectively collecting and paying into the social
insurance fund.
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Article 8. Premium rates,
methods, and deadlines for compulsory social insurance payment for employees
and employers in the Ministry of National Defense, the Ministry of Public
Security
The premium rate, method, and deadline for compulsory
social insurance payment for employees and employers specified in points d, dd
Clause 1 Article 2 of Law on Social Insurance shall comply with Article 33 and
Article 34 of Law on Social Insurance, as follows:
1. In the case where the employee specified in
point d Clause 1 Article 2 of Law on Social Insurance is seconded to work in an
agency/organization is are not under the military, public security, or cipher
sector or in an enterprise under military, public security, or cipher sector
and has his/her salary paid by the previous agency/organization, the salary on
which compulsory social insurance premiums are paid shall be determined in
accordance with point a Clause 1 Article 31 of Law on Social Insurance.
2. In the case where the employee specified in
point d Clause 1 Article 2 of Law on Social Insurance is holding the leadership
or management position in an agency/organization under the military, public
security, or cipher sector and are concurrently elected, appointed, or hold a
leadership or management position in another agency/organization (whether under
the military, police, or cipher sector or not), he/she is entitled to position
allowances as prescribed by salary laws; such concurrent position allowances
shall not be included in the salary on which compulsory social insurance is
paid. Salaries on which compulsory social insurance premiums are paid shall
comply with points a Clause 1 Article 31 of the Law on Social Insurance.
3. In the case where the employee specified in
point d Clause 1 Article 2 of Law on Social Insurance must take illness leave
at least 14 days/month due to performance of military, defense, security tasks,
natural disaster management, firefighting, epidemic control or rescue
operation, he/she shall pay social insurance premiums in accordance with
Clause 1 Article 33; the Ministry of National Defense, Ministry of Public
Security shall pay social insurance premiums in accordance with Clause 1
Article 34 of Law on Social Insurance, which shall be covered by the state
budget. The salary on which compulsory social insurance premiums are paid is
the salary of the preceding month before falling ill. In the case where the
employee fails ill in the first month of work, the social insurance premium
rate shall be determined based on the salary on which compulsory social
insurance premiums are paid of that particular month.
4. In the case where the employee specified in
point dd Clause 1 Article 2 of Law on Social Insurance does not work at least
14 days/month, the Ministry of National Defense, Ministry of Public Security
shall pay social insurance premiums for the period where he/she does not
work in accordance with Clause 2 Article 34 of Law on Social Insurance.
5. Entities specified in point e Clause 1 Article 2
of Law on Social Insurance who do not work at least 14 days/month shall have
their social insurance premiums paid by the local budget as entities
specified in point dd Clause 1 Article 2 of Law on Social Insurance.
Article 9. Suspension of
pension and survivorship fund payment specified in Article 37 of Law on Social
Insurance
Suspension of payment to the pension and
survivorship fund:
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a) It face difficulties due to
restructuring/technology changes, economic crises, or state policy
implementation during economic restructuring or international commitments;
b) It faces difficulties due to natural disasters,
fires, epidemics, or crop failures;
c) It is mobilized to participate in defense and
security tasks, emergency situations threatening national security.
2. Conditions for suspension of pension and
survivorship fund payment
An employer may suspend the payment to the pension
and survivorship fund if it fails under any of the cases specified in Clause 1
of this Article and any of the following conditions:
a) It has its production or business activities
suspended for 30 days or more and cannot arrange work for employees, among
which at least 50% the employees present before the suspension are employees
who are compulsory social insurance participants and are suspended from work;
b) It suffers damage exceeding 50% of total asset
value caused by natural disasters, fires, epidemics, or crop failures
(excluding land value) or cannot arrange work for employees, among which at
least 50% the employees present before the suspension are employees who are
compulsory social insurance participants and are suspended from work;
c) It is mobilized to perform tasks specified in
point c Clause 1 of this Article at least 30 days according to the competent
authority's decision and has at least 50% the employees present before the
suspension who are employees who are compulsory social insurance participants
suspended from work;
3. Duration of suspension of pension and
survivorship fund payment
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If, during the suspension period, an employee
becomes eligible for pension or survivorship benefits, the employee or
employee’s family must make up for the unpaid contributions during the
suspension period to ensure benefit settlement;
b) Upon the expiration of the suspension period
specified in Point a of this Clause, the employer and employees shall continue paying
compulsory social insurance premiums and make supplementary payment for the
suspension period. The deadline for making the supplementary payment is the
last day of the month succeeding the month in which the suspension period ends.
The supplementary amount shall be equal to the amount incurred over the
suspension period in accordance with Article 33 and Article 34 of the Law on
Social Insurance.
If the payment is made after the latest deadline,
the regulations of Articles 40 and 41 of the Law on Social Insurance shall
apply.
4. Authority to determine the number of employees
who are compulsory social insurance participants suspended from work and the
value of damages due to natural disasters, fires, epidemics, or crop failures
is as follows:
a) The authority to determine the number of
employees who are compulsory social insurance participants suspended from work
stipulated in points a, b, and c Clause 2 of this Article of agencies, units,
organizations and enterprises affiliated to the Ministry of National Defense,
the Ministry of Public Security shall be determined by heads of such agencies,
units, organizations and enterprises;
b) The authority to determine the value of damages
stipulated in point b Clause 2 of this Article of agencies, units, organizations
and enterprises affiliated to the Ministry of National Defense, the Ministry of
Public Security shall be determined by the Finance Department of the Ministry
of National Defense or the Planning and Finance Department of the Ministry of
Public Security. Such value shall be calculated based on the most recent asset
inventory report prior to damage (excluding land value).
5. Military SSAs and People's Police SSAs shall
decide suspending the pension and survivorship fund payment for employees and
employers that meet the requirements as prescribed in Clauses 1, 2, and 3 of
this Article.
6. If an employee who is covered by compulsory
social insurance in accordance with Clauses 1, 2, and 3 Article 2 of this
Decree is detained or suspended from work at least 14 working days, the
suspension of compulsory social insurance payment shall be carried out as
follows:
a) Both the employee and his/her employer shall
suspend compulsory social insurance payment;
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If the payment is made after the latest deadline,
the regulations of Articles 40 and 41 of the Law on Social Insurance shall
apply;
c) After the detention or work suspension period,
if the employee’s salary does not retrospectively pay in full, the
supplementary payment shall not be required.
Chapter IV
SOME COMPULSORY SOCIAL
INSURANCE BENEFITS
Section 1. SICKNESS BENEFITS
Article 10. Duration of
sickness benefits, leave period for sick children for entities specified in
point d Clause 1 Article 2 of Law on Social Insurance
1. Duration of sickness benefits for entities specified
in point b Clause 1 Article 2 of Law on Social Insurance is based on the period
of inpatient treatment at the health facility and the leave period as
prescribed by the medical practitioner at the health facility as per laws.
In the case where the leave period in accordance
with Clause 1 Article 42 of Law on Social Insurance is also the period of
annual leave or paid leave or unpaid leave prescribed by labor laws, or
full-paid leave prescribed by specialized laws, or maternity leave or convalescent
leave prescribed by social insurance laws, the employee shall not be eligible
for sickness benefits.
2. The leave period to take care of a sick child in
a year specified in Clause 1 Article 44 of Law on Social Insurance is only for
working days, excluding public holidays and weekends. Such period is calculated
from January 1st to December 31st, regardless of the
start date of social insurance participation.
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b) If both parents are compulsory social insurance
participants, they can alternate or take off together to take care of their
children. The maximum leave period for each child of each person shall comply
with Clause 1 Article 44 of Law on Social Insurance.
3. In the case where an employee take sick leave
from the end of the previous year to the beginning of the next year, the
duration shall be counted towards the duration of sickness benefits of the
current year.
Article 11. Sickness allowance
for entities specified in point d Clause 1 Article 2 of Law on Social Insurance
1. Sickness allowance shall comply with Clause 4
Article 45 of Law on Social Insurance.
2. In the case where the employee takes sick leave
for at least one month (including public holidays, annual leave, and weekly
days off), the sickness allowance shall be calculated by month based on the
salary on which social insurance premiums are paid of the month preceding the
month in which the employee takes sick leave
3. During the duration of sickness benefits, if the
Government of Vietnam adjusts the reference level or the employee has his/her
military rank appointed or promoted, is entitle to an increase of salary,
seniority allowance, or extra-seniority allowance, the sickness allowance shall
be calculated by month based on the salary on which social insurance premiums
are paid of the month preceding the month in which the employee takes sick
leave.1
4. In the case where the employee specified in
Clause 1 Article 42 of Law on Social Insurance takes sick leave in the first
month in which the employee participates in social insurance, the sickness
allowance shall be calculated based on the salary of such month.
Section 2. RETIREMENT BENEFITS
Article 12. Beneficiaries and
eligibility for pension
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a) He/she is younger than the age prescribed in
Clause 2 Article 169 of the Labor Code by up to 5 years;
Male employees
Female
employees
Retirement year
Retirement age
Retirement year
Retirement age
2025
56 years 3 months
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51 years 8 months
2026
56 years 6 months
2026
52 years
2027
56 years 9 months
2027
52 years 4 months
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57 years
2028
52 years 8 months
2029
53 years
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53 years 4 months
2031
53 years 8 months
2032
54 years
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2033
54 years 4 months
2034
54 years 8 months
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55 years
b) He/she is younger than the retirement age prescribed in point a of this Clause and has
paid compulsory social insurance for at least 15 years while doing heavy,
hazardous or dangerous jobs or extremely heavy, hazardous or dangerous jobs on
the list issued by the competent authority or working in extremely
disadvantaged areas, including the time of working in areas to which a
coefficient of 0,7 of higher applies before January 1, 2021;
The time of working in areas to which a coefficient
of 0,7 of higher applies before January 1, 1995 shall be determined based on
laws on regional-based allowances at the time of settlement. For areas
where the regional allowance coefficient is not prescribed or less than
0.7 while employees have already worked in areas with regional allowance
coefficient of 0.7 or higher in reality according to previous documents on
regional benefits, such documents shall be used as basis to determine
period of working in areas with regional allowance coefficient of 0.7 or higher
to consider the eligibility for retirement benefits.
For workers who worked in Battlefields B and C
before April 30, 1975 before August 31, 1989, such period is considered period
of working in areas with regional allowance coefficient of 0.7 to serve as the
basis for reviewing eligibility for retirement benefits.
The roadmap to adjust the retirement ages of
employees shall be done as follows:
Male employees
Female
employees
Retirement year
Retirement age
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Retirement age
2025
51 years 3 months
2025
46 years 8 months
2026
51 years 6 months
2026
47 years
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51 years 9 months
2027
47 years 4 months
From 2028
57 years
2028
47 years 8 months
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48 years
2030
48 years 4 months
2031
48 years 8 months
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2032
49 years
2033
49 years 4 months
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49 years 8 months
From 2035
50 years
c) He/she is infected with HIV/AIDS during
performance of his/her duties.
2. Employees specified in Clauses 1 and 3 Article 2
of this Decree shall be eligible for pension if he/she has paid compulsory
social insurance for at least 20 years and satisfies one of the following
requirements:
a) Professional servicemen working in the military
for at least 25 years, professional servicewomen working in the military for at
least 20 years if the military is not required to assign officers, professional
servicemen, national defense civil servants, national defense workers or they
are unable to be changed to other occupations. The duration of service in the
military includes the time working as an officer, professional serviceman,
national defense civil servant, or national defense worker, and the time where
they change positions due to mission requirements and are reassigned to serve
in the military;
b) Professional servicemen who meet the
requirements stipulated in Clause 3 Article 36 of Law No. 16/1999/QH10 on
Vietnam People’s Army officers, as amended by Clause 9 Article 1 of Law No.
52/2024/QH15 on Amendments to certain Articles of the Law on Vietnam People’s
Army officers or point a clause 1 Article 22 of Law No. 98/2015/QH13 on
professional servicemen, National defense workers and officials;
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d) Public security officers who meet the
requirements in point b clause 1 Article 3 of Decree No. 49/2019/ND-CP;
dd) Persons working in cipher sector who have
worked for at least 25 years (for male) or at least 20 years (for female), have
paid social insurance, if the cipher sector is not required to assign officers
or they are unable to be changed to other occupations. The working period in
the public security forces includes the period working in cipher sector;
working in other positions within cipher agency; cadet who is receiving
subsistence allowances, including the period where he/she transferred to
another sector but was later mobilized to serve in the cipher sector due to
mission requirements.
3. An employee specified in Clauses 1, 2, and 3
Article 2 of this Decree, if he/she resigns, has paid compulsory social
insurance for at least 20 years, and has his/her work capacity reduction of at
least 61%, shall be eligible for pension at a lower level than the employee who
meets the pension eligibility specified in points a and b Clause 1 of this
Article if he/she satisfy one of the following requirements:
a) He/she is younger than the retirement age
prescribed in point a Clause 1 of this Article;
b) He/she has worked extremely heavy, hazardous or
dangerous jobs on the list issued by the competent authority for at least 15
years.
4. Where the date and month of birth cannot be
determined or the records are lost, employees shall receive pensions as
follows:
a) In cases where the records do not specify the
date and month of birth, only the year of birth is specified, the date of
January 1 of the birth year shall be used as the basis for calculation;
b) In cases where original records evidencing
working periods are no longer available, alternative documents such as
employment contracts, decisions on demobilization, discharge or recruitment, or
other documents relevant to the working period must be provided to Military
SSAs or Public Security SSAs for handling as per laws.
5. In the cases where employees meet age
requirements specified in Clause 1 of this Article but have paid compulsory
social insurance for 14 years 6 months to less than 15 years or employees meet
age requirements specified in Clause 3 of this Article but have paid compulsory
social insurance for 19 years 6 months to less than 20 years, have their work
capacity reduction of at least 61% or have worked extremely heavy, hazardous or
dangerous jobs on the list issued by the competent authority or infected with
HIV/AIDS due to occupational accidents while performing their tasks, they may
pay a lump sum payment for the remaining month to be eligible to receive
pensions as prescribed in Clause 1 or Clause 3 of this Article.
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Article 13. Monthly pensions
Monthly pensions for employees specified in Clause
1, 2, and 3 Article 2 of this Decree shall comply with Article 66 of Law on
Social Insurance as follows:
1. Monthly pensions shall be calculated by multiplying
the monthly pensions by the average salary on which social insurance premiums
are paid according to Article 72 of Law on Social Insurance.
2. Monthly pensions of eligible employees
specified in Clause 2 Article 64 of Law on Social Insurance shall be calculated
in accordance with Clause 1 Article 66 of Law on Social Insurance.
3. Monthly pensions for employees specified in
Clause 2 Article 64 of Law on Social Insurance are stipulated as follows:
a) For employees who have worked in specialized and
specific occupations as regulated by the Minister of National Defense, Minister
of Public Security for 10 years, if the monthly pensions specified in Clause 1
Article 66 of Law on Social Insurance do not exceed 75%: 50% (for male
employees) or 55% (for female employees) of the average salary on which social
insurance premiums are paid for 15 years
of social insurance payment, plus (+) 3% for each additional year of
social insurance payment, but must not exceed 75%; for incomplete year (if
any): 1 – 6 months: 1,5%, 7 – 12 months: 3%. An employee whose monthly pension
is calculated according to this point shall not be eligible to receive lump-sum
allowance upon retirement stipulated in Article 14 of this Decree. The amount
of the additional monthly pension compared to those specified in Clause 1
Article 66 of Law on Social Insurance shall be funded by state budget.
Such calculation method shall not apply to cases of
violations of disciplines of the army, police or the law on which the
retirement from active service, retirement from army, or resignation shall be
imposed.
b) VSS shall consolidate the additional pension
amount compared to those specified in Clause 1 Article 66 of Law on Social
Insurance based on applications for receiving pensions of employees working in
certain specialized occupations in the armed forces and submit it to the
Ministry of Finance to be funded by state budget.
4. In cases of early retirement, the statutory
retirement age used for calculating monthly pensions according to Clause 3
Article 66 of Law on Social Insurance shall be determined as follows:
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b) An employee who is doing heavy, hazardous or
dangerous jobs extremely heavy, hazardous or dangerous jobs on the list issued
by the competent authority or working in extremely disadvantaged areas, if
he/she has paid social insurance premiums for at least 15 years, shall have
his/her statutory retirement age specified in point b Clause 1 Article 12 of
this Decree.
5. Monthly pension shall be deducted due to early
retirement according to Clause 3 Article 66 of Law on Social Insurance.
6. The pension shall commence 01 month after the
issuance of the conclusion on reduced work capacity of at least 61% by the
Medical Assessment Council, provided that the age and contribution conditions
are met.
Article 14. Lump-sum allowance
upon retirement
1. The lump-sum allowance shall be calculated in
accordance with Article 68 of Law on Social Insurance. For each extra year of
social insurance payment exceeding the number of years corresponding to 75% of
the average salary on which social insurance premiums are paid, 50% of the
average salary on which social insurance premiums shall be paid.
2. In case the employee who is eligible for
pensions according Article 12 of this Decree continues paying social insurance,
the allowance shall be 02 times the average salary on which social insurance
premiums are paid under Article 72 of Law on Social Insurance for each extra
year of social insurance payment mentioned in Clause 1 of this Article after
the employee reaches the statutory retirement age until he/she actually
retires.
Article 15. Lump-sum social
insurance allowance
1. If a person specified in Clauses 1, 2, and 3
Article 2 of this Article is demobilized or resigned, he/she will be eligible
for lump-sum social insurance allowance if he/she makes a request and satisfies
one of the following conditions:
a) He/she is not eligible for pension as
prescribed in Clause 2 Article 64 or Clause 2 Article 65 of Law on Social
Insurance or Article 12 of this Decree, does not participate in voluntary
social insurance, and is not eligible for pension.
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c) He/she is eligible for both lump-sum social
insurance allowance as prescribed in point dd Clause 1 Article 70 of Law
on Social Insurance and pension as prescribed in Clause 2 Article 64 or
Clause 2 Article 65 of Law on Social Insurance or Article 12 of this Decree and
has made a request to receive lump-sum social insurance allowance.
2. The lump-sum social insurance allowance shall be
calculated according to Clause 3 Article 70 of Law on Social Insurance,
excluding the state subsidies on voluntary social insurance, except for the
case specified in Clause 4 Article 70 of Law on Social Insurance.
3. The time of calculation of lump-sum social
insurance allowance shall comply with Clause 5 Article 70 of Law on Social
Insurance.
Article 16. Average monthly
salary on which social insurance premiums are paid for calculation of pension
and lump-sum allowance
The average monthly salary on which social
insurance premiums are paid for calculation of pension and lump-sum allowance
according to Article 72 of Law on Social Insurance shall be determined as
follows:
1. Regarding employees specified in Clauses 1, 2,
and 3 Article 2 of this Decree who receive State-regulated salaries and pay
social insurance entirely on such salaries, the average salary on which social
insurance premiums are paid shall comply with Clause 1 Article 72 of Law
on Social Insurance.
If the employee fails to meets the social insurance
payment period as prescribed in Clause 1 Article 72 of Law on Social Insurance,
it shall be determined based on the average salary on which compulsory social
insurance is paid.
The social insurance payment period before July 1,
2025, for calculating average monthly salary on which social insurance premiums
is paid as prescribed in points d and dd Clause 1 Article 2 of Law on Social
Insurance, shall not be included in the social insurance payment period for
entities specified in point dd Clause 1 Article 2 of Law on Social Insurance.
2. The monthly salary on which social insurance
premiums is paid as prescribed in point a Clause 1 of this Article is the
monthly salary based on rank, position, grade, and additional allowances (such
as position allowances, seniority allowances, extra-seniority allowances, and
retained difference coefficient (if any)) on which social insurance premiums
have been paid. Such average monthly salary shall be calculated based on
State-regulated salaries for cadres, civil servants, public employees, and
armed forces (where the seniority allowance is calculated at the highest rate
corresponding to the salary coefficient, leadership position allowance,
extra-seniority allowance, and retained difference coefficient) and the
reference level at the time of receiving pensions or lump-sum social insurance
allowance specified in Clause 5 Article 70 of Law on Social Insurance.
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3. In case an employee specified in Clauses 1, 2,
and 3 Article 2 of this Decree pays social insurance on both State-regulated
salary and employer-decided salary, the average salary on which social
insurance premiums are paid shall be used as basis for calculation. For the
period of payment of social insurance on State-regulated salary, the average
salary on which social insurance premiums are paid, specified in Clause 1
of this Article, shall be calculated from the time of compulsory social
insurance participation; if the payment period is shorter than the periods specified
in Clause 1 of this Article, the average salary shall be calculated based
on the payment months. For the period of payment of social insurance on
employer-decided salary, the average salary on which social insurance premiums
are paid shall be calculated on the entire period.
4. If employees specified in Clause 1, Clause 2,
and Clause 3 of Article 2 hereof who have transferred to the positions of
national defense workers/public employees, public security workers, cipher
workers or transferred to work in regulatory agencies, political organizations,
socio-political organizations, included in the staffing quotas and salaried
from the state budget or transferred to work in enterprises subject to
State-regulated salary, they shall have their pensions calculated as follows:
a) If employees transferred to work in positions
not entitled to seniority allowances and their salaries on which social
insurance premiums are paid do not include seniority pay, the average salary
used for calculation of pension shall be the average salary on which social
insurance premiums are paid at the retirement time plus the seniority pay
(if any) calculated based on the time working as military officers,
professional servicemen of the People's Army, officers and non-commissioned officers
of the People's Public Security, and cipher workers at the time before the job
transfer, which shall be converted according to the salary policies applicable
at the time of retirement.
b) If employees transferred to work in positions
entitled to seniority allowances and their salaries on which social
insurance premiums are paid include seniority pay, the average salary used for
calculation of pension shall comply with Clause 1 of this Article;
c) If employees transferred to work in regulatory
agencies, units, organizations who receive State-regulated salaries, then
retire, and their average salary used for calculation of pension specified in
point a and point b of this Clause is lower than the average salary before the
job transfer, the latter, which shall be converted according to the salary
policies applicable at the time of retirement, shall be used for calculation of
pension;
d) While paying social insurance based on
State-regulated salary, if employees transferred to work in other
positions subject to State-regulated salaries, and their average salary on
which social insurance premiums are paid is higher than the average salary on
which social insurance premiums are paid in the last years before retirement,
the higher shall be the average salary on which social insurance premiums are
paid corresponding to the number of years specified in Clause 1 of Article 72
of the Law on Social Insurance.
5. For military personnel, public security
personnel, and cipher personnel who are demobilized or resigned before December
15, 1993, then transferred to work and participated in compulsory social
insurance at other agencies, units, enterprises, the previous working period
shall be added with the later working period to calculate social insurance
payout. To be specific:
a) For employees working in agencies, units,
enterprises subject to the state-regulated salary before retiring, the average
salary on which social insurance premiums are paid is as follows:
The average salary on which social insurance
premiums are paid for calculating pensions and lump-sum social insurance
allowances shall comply with point a Clause 1 Article 72 of Law on Social
Insurance; in the case where there is a discontinued period in the social
insurance payment period, the months from the nearest previous period shall be
added to meet the requirements for calculating the average salary; in the case
where the requirement of years is not met, the average salary for the months in
which social insurance premiums have been paid shall be used for calculation;
in the case where only the military rank or the salary paid before being
demobilized or resigned is provided, the time holding the rank as prescribed by
Law on Vietnam People’s Army officers or Law on People's Public Security or the
time of pay rate application in the last years according to regulations shall
be used as basis for pension calculation.
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Article 17. Retirement
benefits for employees who pay both compulsory and voluntary social insurance
premiums
1. Employees specified in Clauses 1, 2, and 3
Article 2 of this Decree who pay both compulsory and voluntary social insurance
premiums will be entitled to the retirement benefits for the period of payment
of compulsory social insurance and voluntary social insurance.
2. The monthly pension equals his/her monthly
pension rate multiplied by the average income and salary on which the social
insurance premium is paid specified in clause 3 of this Article.
3. Average income and salary on which social
insurance premiums are paid shall be calculated using the following
formula:
Average income and
salary on which social insurance premiums are paid
=
Total of incomes
on which voluntary social insurance premiums are paid
+
Average salary on
which compulsory social insurance premiums are paid
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Total months of
compulsory social insurance payment
Total months of
voluntary social insurance payment
+
Total months of
compulsory social insurance payment
Where:
a) Incomes on which voluntary social insurance
premiums are paid are incomes adjusted in accordance with Clause 2 Article 104
of Law on Social Insurance;
b) Average salary on which social insurance
premiums are paid shall be calculated in accordance with Article 72 of the Law
on Social Insurance and Article 16 of this Decree.
Section 3. SURVIVORSHIP
ALLOWANCE
Article 18. Survivorship
allowance for persons who have been paying both compulsory and voluntary social
insurance premiums
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2. When a person specified in Clauses 1, 2, and 3
Article 2 of this Decree dies, his/her family member, organization or
individual in charge of his/her funeral shall be entitled to a lump-sum
funeral allowance in accordance with Clause 2 Article 85 of Law on Social
Insurance if:
a) The employee has paid compulsory social
insurance for at least 12 months;
b) The employee has paid both compulsory and
voluntary social insurance premiums for at least 60 months;
c) The employee dies of occupational accidents and
occupational disease according to regulations of law on occupational hygiene
and safety;
d) The employee is receiving or suspended from
receiving monthly allowance for occupational accidents or occupational disease.
3. When a person specified in points a, b, and d
Clause 2 of this Article is declared dead by the court, his/her family member
shall be entitled to a lump-sum funeral allowance in accordance with Clause 2
Article 85 of Law on Social Insurance at the time of declaration.
4. Monthly survivorship allowance may be provided
for family members in accordance with Article 87 of Law on Social Insurance if
they meet requirements specified in Clause 2 Article 86 of Law on Social
Insurance and the employee fall under one of the following cases:
a) The employee has paid compulsory social
insurance for at least 15 years;
In case the compulsory social insurance premiums
have to be paid for up to 06 more months to reach 15 years of compulsory social
insurance payment period and his/her family member wishes to receive monthly
survivorship allowance, the family member may pay a lump sum to the
pension and survivorship fund for the remaining month, which is equal to
22% of the salary on which social insurance premiums is paid before the
employee dies;
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c) The employee is receiving or suspended from
receiving monthly allowance for occupational accidents or occupational disease
and has work capacity reduction of at least 61%.
5. Lump-sum survivorship allowance may be provided
for family members if:
a) The employee does not fall under any of the
cases specified in Clause 4 of this Article;
b) The employee falls under any of the cases
specified in Clause 4 of this Article but does not have or no longer has family
members eligible to receive monthly survivorship allowance specified in Clause
2 Article 86 of Law on Social Insurance;
c) The family member is eligible to receive monthly
survivorship allowance in accordance with Clause 2 Article 86 of Law on Social
Insurance and wishes to receive a lump-sum survivorship allowance.
6. Lump-sum survivorship allowance levels
a) Upon the death of the employee who is
participating in compulsory social insurance, his/her family will be entitled
to a lump-sum survivorship allowance in accordance with Clause 1 Article 89 of
Law on Social Insurance, which is calculated based on average salary and salary
on which the compulsory social insurance premiums is paid according to Article
16, Clause 3 Article 17 of this Decree;
b) Upon the death of the employee who is receiving
or suspended from receiving monthly allowance for occupational accidents or
occupational disease and is participating in compulsory social insurance, the
lump-sum survivorship allowance shall be provided.
7. The provision of monthly survivorship allowance
for other family members and lump-sum survivorship allowance shall be carried
out as follows:
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b) The lump-sum survivorship allowance shall be
provided in accordance with the inheritance laws if the employee does not have
any family members stipulated in clause 7 Article 3 of Law on Social Insurance;
c) If there are multiple family members, a written
decision must be made to appoint a representative to receive the lump-sum
survivorship allowance.
Chapter V
IMPLEMENTATION CLAUSES
Article 19. Transition
1. For employees who are entitled to monthly
pensions, or have demobilized, resigned, or died before July 1, 2025 and have
participated in social insurance before January 01, 2027 or worked in areas
with region-based allowances or at the battlefield B, C before April 30, 1975;
battlefield K before August 31, 1989; DK1 Platforms from June 10, 1989 onwards,
the lump-sum region-based allowance may be calculated based on the coefficient
of 0,7 (for battlefield B, C, K) and the coefficient of 1,0 (for DK1
Platforms).
a) Lump-sum allowance shall be calculated using the
following formula:
M = (Hi x
Tj x 15%) x Lmin
Where:
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Hi : coefficient of region-based
allowance on which the social insurance premiums are paid to social insurance
fund for social insurance payment period from January 1, 1995, to December 31,
2006 as specified in Joint Circular No. 11/2005/TTLT-BNV-BLDTBXH-BTC-UBDT.
Tj : Number of months of social
insurance payment into social insurance fund including region-based allowance
with coefficient Hi; or number of months considered as social
insurance payment into social insurance fund including region-based allowance
applicable to battlefields B, C, K, and DK1).
15%: percentage of social insurance payment to the
pension and survivorship fund based on the employees’ monthly salary on which
social insurance premiums are paid.
Lmin: the reference level at the month
the employee begins to receive pension or lump-sum social insurance allowance,
or the month the employee dies.
b) For employees specified in point dd Clause
1 Article 2 of the Law on Social Insurance who have worked in areas with
region-based allowances, the level of lump-sum allowance including the
region-based allowances for social insurance participants shall be calculated
using the following formula:
N = (0,4 x Hi x Tj x 15%) x Lmin
Where:
N: level of lump-sum allowance of the social
insurance participants including region-based allowances;
Hi : allowance coefficient in the region
where employees entitled to rank allowances pay the social insurance;
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0.4: allowance coefficient of private rank;
Lmin: the reference level at the
month the employee begins to receive pension or lump-sum social insurance
allowance, or the month the employee dies.
2. People who are receiving not only monthly
pension, incapacity allowance, occupational accident or occupational disease
allowance but also monthly region-based allowance at their permanent residences
(where region-based allowance is applicable) before July 1, 2025 may continue
receiving the current region-based allowance. When their permanent residences
are changed, the region-based allowance at their new permanent residences shall
be applicable (if any).
3. The funding sources for paying lump-sum benefits
and region-based allowances for the subjects prescribed in Clauses 1 and 2 of
this Article are as follows:
a) The state budget shall pay lump-sum benefits for
the working period with social insurance participation before January 1, 1995,
at places eligible for region-based allowances; the region-based allowance for
people who are receiving pensions, monthly incapacity allowance, monthly
occupational accident, or occupational disease allowance under coverage of the
state budget;
b) The social insurance fund shall pay lump-sum
benefits for the period of social insurance payment including region-based
allowances from January 1, 1995 onwards; the region-based allowance for people
who are receiving pensions, monthly incapacity allowance, monthly occupational
accident allowance, or occupational disease allowance under coverage of the
social insurance fund.
4. While on duty, if an employee specified in
Clauses 1, 2, and 3 Article 2 of this Decree are injured or pass away, are
certified as war invalids or persons entitled to benefits the same as those
granted to war invalids or martyrs by competent authorities, he/she shall be
eligible to both incentives for persons with meritorious services and
occupational/survivorship allowances specified in Section 3, Chapter III of Law
on Occupational Safety and Hygiene and Section 4 Chapter V of Law on Social
Insurance.
5. The employee specified in Clauses 1, 2, and 3
Article 2 of this Decree who is demobilized or resigned and is decided being
eligible for sick soldier benefits by competent authorities, if he/she does not
continue to participate in compulsory social insurance, shall receive both sick
soldier benefits as prescribed in Ordinance No. 02/2020/UBTVQH14 on incentives
for persons with meritorious services and lump-sum social insurance allowance.
The employees may also have his/her social insurance payment period reserved
upon request; if he/she continue to participate in social insurance, the
reserved period shall be combined with the period of social insurance payment
in the future for the calculation of social insurance allowances as per laws.
6. For military personnel, people's polices, and
cipher workers demobilized or resigned before December 15, 1993 and then has
worked in agencies, units and enterprises in economic sectors and has paid
compulsory social insurance (including employees working in health stations in
communes, wards, commune-level towns, preschool teachers or persons holding
titles in communes, wards, commune-level towns before January 1, 1995 whose
working period is included in the period of social insurance payment) and
persons hired and employed workers, their period as the basis for social
insurance payout shall include their serving period in military or people's
police or cipher sector, except for cases that have received the benefits in
accordance with:
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b) Point a of Clause 1 of Article 1 of Decision No.
290/2005/QD-TTg dated November 8, 2005;
c) Decision No. 92/2005/QD-TTg dated April 29,
2005;
d) Decision No. 142/2008/QD-TTg dated October 27,
2008; Decision No. 38/2010/QD-TTg dated May 6, 2010;
dd) Decision No. 53/2010/QD-TTg dated August 20,
2010;
e) Decision No. 62/2011/QD-TTg dated November 9,
2011.
7. If the employee worked in the military or
people’s police demobilized from December 15, 1993 to December 31, 1994 and has
not received severance pay or lump-sum benefit, demobilization benefit,
lump-sum social insurance allowance, his/her serving period in the people’s
army or people's public security or cipher force shall be included in the
period as the basis for social insurance calculation.
8. In cases where an employee no longer have
original documents proving their working period in the state sector before
January 1, 1995, the social security authority all review and decide
whether or not to include such period as basis for social insurance calculation
based on the employee’s application, confirmation documents from the agency or
unit managing the employee, and relevant records and papers related to the such
period. Where necessary, the social security authority shall cooperate with
relevant local authorities in reviewing and comparing the employee's
application to clarify related issues before making the decision.
a) The confirmation document from the agency or
unit directly managing the employee must clearly state the reason for the
absence of original documents, recruitment date, work process, salary
progression, reasons for unsettled severance pay or lump-sum benefit, reasons
for interruption or resignation, and the agency’s responsibility for provision
of benefits at the time of resignation for employees with interrupted working
periods or who resign before January 1, 1995. If the agency or unit no longer
exists, the directly superior managing authority shall conduct verification;
b) Relevant records and papers related to the
working period requested to be included in period as basis for social insurance
payout include documents proving or showing working period in the state sector
before January 1, 1995, such as: CPV member's biography, union member's
biography, labor book, labor list, monitoring book, salary payment list, food
book, certificates of merit, diploma of merit, medals, diplomas, certificates,
records of benefit provision for employees when equalizing state-owned
enterprises, and other documents showing the employee's work process and
salary;
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d) The agency or unit directly managing the employee
or superior authority of the employee shall conduct the verification based on
documents specified in point b of this Clause and bear responsibility for their
verification contents specified in point a of this Clause.
9. For employees specified in Clauses 1, 2,
and 3 Article 2 of this Decree on the public payroll of agencies or units that are sent abroad for definite-term
business or study trip and returned to Vietnam behind schedule or returned on
schedule but whose former unit could not arrange a job for them:
a) They shall have their working period in Vietnam
before going abroad and their time abroad within the permitted period before
January 1, 1995, included in the periods as basis for retirement benefits and
survivorship allowance if they have not yet received severance pay, lump-sum
benefit, demobilization benefit or lump-sum social insurance allowance. The
calculation of working period before January 1, 1995 as basis for social
insurance payout shall comply with Clauses 6 and 7 of this Article, Clause 5 of
Article 16 of this Decree;
b) The period of working, studying abroad within
the permitted duration as prescribed in Clause 1 of this Article includes:
The actual period of working, studying as stated in
the decision of the unit sending the employee abroad, including any extension
period permitted by the sending unit;
In cases where an individual has multiple occasions
of working, studying abroad, the total period abroad within the permitted
periods shall be included in the period as basis for provision of retirement
benefits and survivorship allowance;
For employees who are sent abroad by their unit for
skill improvement and later become guest workers as specified in a Government's
Agreement, their study period shall be included in the working period as the
basis for provision of retirement benefits and survivorship allowance.
c) The regulations in Clause 1 of this Article
shall not apply to persons who violate law abroad and are expelled or subject
to a disciplinary action or be liable to imprisonment before January 1, 1995;
d) Average salary on which social insurance
premiums are paid
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For cases with a serving period in the military or
police or cipher agency followed by a working period as a guest worker, after
returning, being transferred to agencies, units, or state-owned enterprises
eligible for including seniority pay in the calculation of the pension, the
seniority pay shall be calculated based on the salary level of officers, career
military personnel of the People’s Army, and officers and non-commissioned
officers of the People’s Police before going abroad, converted according to the
salary policies at the time of benefit provision.
For employees who, before going abroad to work, are
receiving state-regulated salaries and whose last working years used to
calculate the average salary on which social insurance premiums are paid
include the period working abroad, the salary for the period working abroad
shall be taken as the salary before going abroad used as the basis for
calculating pension and social insurance benefits.
For social workers whose period working abroad is
included in the period as basis for provision of retirement benefit and
survivorship allowance as prescribed in Clause 1 of this Article, the salary on
which social insurance premiums are paid for such period shall be twice the
reference level at the time of provision of social insurance benefit.
10. For employees specified in Clauses 1 and 3
Article 2 of this Decree who have been stripped of their military or police
titles, the eligibility for pension shall comply with Clause 1 of Article 64
and Clause 1 of Article 65 of the Law on Social Insurance. The average monthly
salary on which social insurance premiums are paid shall comply with Article 72
of Law on Social Insurance.
11. If employees have working periods in the state
sector before January 1, 1995, which are considered continuous working periods
or actual working periods but have not yet been granted severance allowance,
lump-sum benefit, lump-sum social insurance allowance, such periods shall be
included in their social insurance payment periods. To be specific:
a) If employees have working periods in the state
sector before January 1, 1995, have not yet been granted severance allowance,
lump-sum benefit, lump-sum social insurance allowance, such periods shall be
included in their social insurance payment periods;
b) For employees with interrupted working periods
or who had resigned before January 1, 1995, the determination of continuous
working periods or actual working period for social insurance entitlement shall
be carried out in accordance with previous regulations on calculating working
period before January 1, 1995, for social insurance entitlement, except
regulations in: Article 3 of Decree No. 66/CP dated September 30, 1993, of the
Government temporarily regulating social insurance policies for the armed
forces; Article 3 of Decree No. 43/CP dated June 22, 1993, of the Government
temporarily regulating social insurance policies; Article 54 of the Social
Insurance Charter issued together with Decree No. 12/CP dated January 26, 1995;
Article 49 of the Social Insurance Charter for officers, career military
personnel, non-commissioned officers, and soldiers of the People’s Army and
People’s Police issued with Decree No. 45/CP dated July 15, 1995; Clause 4,
Article 139 of the Law on Social Insurance 2006; Clause 6, Article 123 of the Law
on Social Insurance 2014; Article 23 of Decree No. 115/2015/ND-CP dated
November 11, 2015 elaborating the Law on Social Insurance regarding compulsory
social insurance; Clauses 7, 8, and 9, Article 38 of Decree No. 33/2023/ND-CP
dated June 10, 2023, on commune-level cadres, civil servants, and part-timers
working at communes, villages and residential groups; Clauses 2 and 3, Article
16 of Decree No. 92/2009/ND-CP dated October 22, 2009, on titles, numbers, and
some policies for cadres, civil servants in communes, wards and commune-level
towns and part-timers in communes; Clause 2, Article 1 of Decree No.
29/2013/ND-CP dated April 8, 2013, amending Decree No. 92/2009/ND-CP; Clause 8,
Article 2 of Decree No. 34/2019/ND-CP dated April 24, 2019, amending regulations
on commune-level cadres and civil servants and part-timers working at communes,
villages and residential groups;
12. For employees who have a period of holding a
title specified in Decree No. 09/1998/ND-CP (including other titles within the
approved regular personnel under the People’s Committee), and are social
insurance participants in accordance with Decree No. 09/1998/ND-CP, as amended
by Decree No. 50-CP, if they were appointed or recruited immediately into the
people’s army, people’s police or worked in the bodies, units or enterprises of
the State, political organizations, political – social organizations before
January 1, 1998, the periods holding such positions shall be included in as
social insurance payment period and combined with the social insurance payment
period after being assigned or recruited as basis for social insurance payout.
During the time of assuming such titles, if they
were sent by competent authorities to study the professional skills or politics
and continued to hold such titles or were appointed or recruited immediately
into the people’s army, people’s police or worked in the bodies, units or
enterprises of the State, political organizations, political – social
organizations upon completion, the study period shall be added in the period as
the basis for social insurance payout.
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a) Pension benefits: If the employee does not
continue to participate in social insurance, the eligibility for pension shall
comply with Clause 1 Article 12 of this Decree. In cases where the employee
continues to participate in social insurance but does not fall under any cases
specified in Article 2 of this Decree, the eligibility for pension shall comply
with Clause 1 Article 64 and Clause 1 Article 65 of Law on Social Insurance.
b) Survivorship benefits: During the reserved
social insurance payment period, if the employee dies before July 1, 2025, the
survivorship benefits shall comply with Section 5 Chapter III of the Law
No. 58/2014/QH13 on Social Insurance; from July 1, 2025 onwards, the
survivorship benefits shall comply with Section 4 Chapter V of Law No.
41/2024/QH15 on Social Insurance.
14. In cases where an employee specified in Clauses
1 and 3 Article 2 of this Decree demobilized or resigned and has received
sum-sump social insurance allowance from the social insurance fund, within 12
months from the date on which he/she demobilizes or resigns, if he/she wish to
reserve the social insurance payment period, he/she may refund the received
sum-sump social insurance allowance to the social insurance fund through
his/her previous managing agency or unit. The Military SSAs, People's Police SSAs
shall confirm the period of social insurance payment.
15. Persons specified in points c and d Clause 1
Article 2 of Law on Social Insurance and national defense cadres going aboard
as spouses shall be entitled to policies and benefits in accordance with this
Decree.
16. Persons specified in point c Clause 1 Article
of Law on Social Insurance who has worked in a specialized and specific
occupation for at least 10 years shall have their pensions calculated in
accordance with Clause 3 Article 13 of this Decree.
17. Social insurance authorities of provinces,
central-affiliated cities (regional social insurance authorities) affiliated to
VSS shall implement social insurance benefits stipulated in Chapter V of Law on
Social Insurance and this Decree for employees working in cipher agencies
affiliated to ministries, departments, and provinces (excluding those working
in cipher agencies affiliated to Ministry of National Defense, Ministry of
Public Security), employees specified in Clause 2 Article 2 of this Decree, and
employees who are reserving their social insurance payment period.
18. The responsibility for social insurance
payments and budget thereof for entities specified in Clause 2 Article 2 of
this Decree shall be ensured and implemented by local authorities; which shall
be paid monthly to the social insurance fund and uniformly managed by VSS.
19. The State of Vietnam shall transfer from the
budget an amount into the compulsory social insurance fund to ensure full
payment of pensions and social insurance allowances to persons specified
in Clauses 1 and 2 Article 2 of this Decree who have received pensions and
social insurance allowances before January 1, 1995; and to ensure sufficient
differential payments as stipulated in Clause 3 of this Decree for employees
working in certain special occupations within the People's Armed Forces.
Article 20. Effect
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2. Benefits and policies stipulated in this Decree
shall be implemented from July 1, 2025.
3. The following documents shall cease to have
effect from July 1, 2025:
a) Decree No. 33/2016/ND-CP dated May 10, 2016;
b) Joint Circular No. 105/2016/TTLT-BQP-BCA-BLDTBXH
dated June 30, 2016; Decree No. 33/2016/ND-CP dated May 10, 2016.
4. During the implementation of this Decree, if any
legislative documents referred to herein are amended, supplemented or
superseded, the new ones shall apply.
Article 21. Responsibility for
implementation
1. Based on the provisions of this Decree, the Ministry
of National Defense, the Ministry of Public Security shall provide guidelines
on implementing of social insurance benefits for their affiliated agencies and
units.
2. Ministers, Heads of Ministerial authorities,
Heads of Governmental authorities, Chairpersons of Provincial People's
Committees shall implement this Decree.
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ON THE BEHALF
OF
THE GOVERNMENT OF VIETNAM PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Duc Phoc