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THE
NATIONAL ASSEMBLY
OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law
No. 41/2024/QH15
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Hanoi,
June 29, 2024
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SOCIAL INSURANCE LAW
Pursuant to the Constitution of
the Socialist Republic of Vietnam;
The National Assembly
promulgates the Social Insurance Law.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope
This Law provides for rights and
responsibilities of organizations and individuals with regard to social
insurance and organization of social insurance implementation; social
retirement benefits; registration, collection and payment of social insurance;
compulsory and voluntary social insurance policies; social insurance funds;
supplemental retirement insurance; complaints, denunciations and actions against
violations of regulations on social insurance; state management of social
insurance.
Article 2.
Compulsory and voluntary social insurance participants
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a) People working under
indefinite-term employment contracts, employment contracts with terms of at
least 01 month, even if they are referred to by other names by the employers
and employees, as long as they specify the job, salary, remuneration, and the management
of one party;
b) Officials and public employees;
c) Workers, public employees in
military forces; police workers, people doing other jobs in cipher
organizations;
d) Officers and career military
personnel of the people's army; officers and non-commissioned officers in
police forces; and people doing cipher work and receiving the same salaries as
military personnel;
dd) Non-commissioned officers and
soldiers of the people’s army; non- commissioned officers and conscripts of the
police; military, police and cipher cadets entitled to subsistence allowances;
e) Standing militia personnel;
g) Vietnamese guest workers defined
by the Law on Vietnamese Guest Workers, unless otherwise prescribed by
international treaties to which the Socialist Republic of Vietnam is a
signatory;
b) Spouses who accompany members of
Vietnamese diplomatic missions overseas during their tenure, do not receive
salaries from state budget, and are entitled to subsistence allowances;
i) Enterprise managers,
controllers, representatives of state capital, representatives of enterprises’
capital as prescribed by law; members of Boards of Directors, General
Directors, Directors, members of Boards of Controllers or Controllers, and
other elected managerial positions of cooperatives and cooperative unions
prescribed by the Law on Cooperatives who receive salaries;
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l) People who are mentioned in
Point a of this Clause, do not work full time and whose salaries in the month
is equal to or higher than the lowest salary on which compulsory social
insurance is paid;
m) Owners of household businesses
that participate in social insurance as prescribed by regulations of the
Government;
n) Enterprise managers,
controllers, representatives of state capital, representatives of enterprises’
capital as prescribed by law; members of Boards of Directors, General
Directors, Directors, members of Boards of Controllers or Controllers, and
other elected managerial positions of cooperatives and cooperative unions
prescribed by the Law on Cooperatives who do not receive salaries.
2. Foreign nationals working in
Vietnam shall participate in compulsory social insurance if they work for
employees in Vietnam under employment contracts with terms of at least 12 months,
except in the following cases:
a) They are circulated within the
enterprise as prescribed by regulations of law on foreign workers in Vietnam;
b) They have reached the retirement
age by the time of conclusion of the employment contract as prescribed in
Clause 2 Article 169 of the Labor Code;
c) An International treaty to which
the Socialist Republic of Vietnam is a signatory prescribes otherwise.
3. Employers that are social
insurance participants include: state agencies, public service providers; agencies,
units, enterprises of the people's armed forces, the police and cipher
organizations; political organizations, socio-political organizations,
socio-politico-professional organizations, socio-professional organizations and
other social organizations; foreign agencies and organizations, and
international organizations operating within Vietnam’s territory; enterprises,
artels, cooperatives, cooperative unions, household businesses, other
organizations and individuals having employees working under employment
contracts.
4. Voluntary social insurance
participants include:
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b) People who are mentioned in
Point a and Point b Clause 1 of this Article and have their employment
contracts or working contracts suspended, unless both parties agree to continue
paying compulsory social insurance during the suspension period.
5. If a person has to participate
in various types of compulsory social insurance prescribed in Clause 1 of this
Article, the participation in compulsory social insurance shall comply with the
following regulations:
a) If a person in any of the cases
specified in Point a and Point l Clause 1 of this Article enters into
employment contracts with multiple employers, the first employment contract
shall be used for participation in compulsory social insurance.
In case the employment contract
that is used as the basis for participation in compulsory social insurance is
being suspended and both parties do not have any agreement on paying compulsory
social insurance during the suspension period, the employment contract that was
concluded next (chronologically) shall be used as the basis for participation
in compulsory social insurance.
b) If the participants mentioned in
Point b and Point i Clause 1 of this Article are also participants prescribed
in Point a or Point l Clause 1 of this Article, they shall participate in
accordance with Point b or Point i Clause 1 of this Article;
c) If a person mentioned in Point i
or Point n Clause 1 of this Article works for multiple enterprises,
cooperatives or cooperative unions, he/she shall participate in compulsory
social insurance in the first enterprise/cooperative/cooperative union in which
he/she participates in management;
d) If a person mentioned in Point g
and Point k Clause 1 of this Article also has to participate in compulsory
social insurance under Point a, I and l Clause 1 of this Article, he/she shall
participate under Point a, i or l Clause 1 of this Article in chronological
order;
dd) If a person mentioned in Point
k Clause 1 of this Article also has to participate in compulsory social
insurance under Point m or Point n Clause 1 of this Article, he/she shall
participate in accordance with Point k Clause 1 of this Article;
e) If a person mentioned in Point m
and Point n Clause 1 of this Article also has to participate in compulsory
social insurance under Clause 1 of this Article, his/her participation in
compulsory social insurance shall comply with regulations of the Government;
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6. Standing committee of the
National Assembly shall decide participation compulsory social insurance by
people who are not mentioned in Clause 1 of this Article but have regular and
stable employments and incomes on the basis of proposals of the Government and
suitability for socio-economic development in each period.
7. The following people are not
compulsory social insurance participants:
a) People who are receiving
pension, social insurance benefits, monthly allowances.
The Government shall specify
beneficiaries of pension and monthly allowances who are not compulsory social
insurance participants;
b) Domestic workers;
c) Participants in Point m and
Point n Clause 1 of this Article who have reached retirement age according to
Clause 2 Article 169 of the Labor Code, except for the cases specified in
Clause 7 Article 33 of this Law.
Article 3.
Definitions
In this Law, the terms below are
construed as follows:
1. “social insurance” means the
guarantee to fully or partially offset a participant income that is reduced or
lost due to his/her sickness, maternity, occupational accident, occupational
disease, retirement or death, on the basis of his/her contributions to the
social insurance fund or coverage by state budget.
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3. “compulsory social insurance”
means a form of social insurance organized by the State in which employees and
employers are required to participate.
4. “voluntary social insurance”
means a form of social insurance organized by the State in which Vietnamese citizens
may participate voluntarily and select their own premium rate and a method of
premium payment suitable for their incomes.
5. “supplemental retirement
insurance” means a form of voluntary insurance which follows market principles
and is meant to increase retirement benefits among compulsory social insurance
benefits and establish a fund contributed by employers or both employers and
employees.
6. “social insurance payment
period” means the total period over which compulsory social insurance,
voluntary social insurance premiums prescribed in this Law, unless otherwise
prescribed by international treaties to which the Socialist Republic of Vietnam
is a signatory.
7. “family” or “family member” of a
participant means his/her natural child, adopted child, spouse, natural father,
natural mother, adoptive father, adoptive mother, father-in-law or mother-
in-law, or another family member who is a dependant of the participant in
accordance with the law on marriage and family.
8. “beneficiary” means a person who
is eligible to receive social insurance benefits as prescribed by this Law.
9. “social insurance registration”
means a process in which the employer and the employee submit documents
containing information about the employer and the employee, salary, income on
which social insurance premiums are paid, method of payment, and other relevant
information to a social security authority in order to participate in social
insurance.
10. “electronic transaction” in
social insurance means a transaction that is conducted electronically,
including registration, issuance of social insurance books, social insurance
premium payment; provision of social insurance benefits, and other activities
in social insurance sector.
11. “national social insurance
database” means a shared database that contains information about social
insurance, unemployment insurance, health insurance which is digitized,
standardized, stored and managed using information infrastructure to serve
state management and transactions of organizations and individuals.
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a) issued by competent authorities
from master registers;
b) authenticated by competent
authorities;
c) issued in other cases prescribed
by the Government.
Article 4. Forms
of social insurance and social insurance benefits
1. Social retirement benefits
include:
a) Monthly social retirement
benefits;
b) Funeral allowances;
c) Health insurance benefits paid
by state budget.
2. Compulsory social insurance
benefits include:
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b) Maternity benefits;
c) Retirement benefits;
d) Survivorship allowance;
dd) Occupational accident and
occupational disease insurance payouts under the Law on Occupational Hygiene
and Safety.
3. Voluntary social insurance
benefits include:
a) Maternity benefits;
b) Retirement benefits;
c) Survivorship allowance;
d) Occupational accident insurance
payouts under the Law on Occupational Hygiene and Safety.
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5. Supplementary retirement
insurance payouts.
Article 5.
Social insurance principles
1. Compulsory social insurance and
voluntary social insurance payouts shall be calculated according to the premium
rates and payment period and the sharing of the participants in accordance with
regulations of this Law.
2. Compulsory social insurance
premium shall be calculated according to the participant’s salary on which
compulsory social insurance is paid. Voluntary social insurance premium shall
be calculated according to the income declared by the participant.
3. A person who pays both
compulsory and voluntary social insurance premiums will be entitled to the
monthly allowances, retirement benefits and survivorship allowance for the
period of payment of compulsory social insurance and voluntary social
insurance.
The period of social insurance
premium payment over which lump-sum social insurance allowance has been
provided shall not be included in the period used to calculate social insurance
benefits.
4. The social insurance fund shall
be managed in a centralized, uniform, public and transparent manner; used for
proper purposes and independently accounted by component funds and groups of
the employees receiving state-regulated salaries and the employer-decided
salaries.
5. Social insurance shall be
implemented in a simple, easy and convenient manner, promptly and fully
ensuring the interests of the beneficiaries.
6. The minimum social insurance
payment period for receipt of pension and monthly survivorship allowance shall
be expressed in year (1 year = 12 months). An incomplete year shall be rounded
up to the nearest half a year (1 – 6 months will be rounded up to half a year,
7 – 11 months will be rounded up to one year).
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Article 6.
State policies on social insurance
1. Develop a multi-level social
insurance system including social retirement benefits, compulsory social
insurance and voluntary social insurance, supplemental retirement insurance
with an aim to achieve nationwide social insurance coverage following a roadmap
that is adjusted according to socio-economic development.
2. Ensure lawful rights and
interests of organizations and individuals participating in social insurance;
provide credit assistance for workers who have been paying social insurance and
lose their jobs.
3. State budget shall cover social
retirement benefits and certain benefits prescribed by this Law.
4. Ensure security and growth of
the social insurance fund
5. Assist voluntary social
insurance participants.
6. Local governments should, within
their budgets and socio-economic conditions, by mobilizing social resources,
provide subsidies for voluntary social insurance participants and provide extra
assistance for beneficiaries of social retirement benefits.
7. Complete social insurance laws
and policies; develop a professional, modern, transparent and effective social
insurance organization system; prioritize investment in information technology
infrastructure to serve digital transformation, electronic transactions and
social insurance management.
8. Encourage participate in
supplemental retirement insurance.
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1. Reference level is an amount
decided by the Government to calculate the premiums and benefits of certain
types of social insurance specified in this Law.
2. The reference level shall be
adjusted according to the increase in consumer price index, economic growth, in
consideration of the capacity of state budget and social insurance.
3. The Government shall elaborate
this Article.
Article 8.
International cooperation in social insurance
1. International cooperation in
social insurance shall ensure mutual benefits compliance to international laws
and Vietnam’s laws.
2. Encourage international
cooperation in improvement of managerial capability and organization of social
insurance; develop a system of social insurance policies that are flexible,
diverse, modern, and capable of international integration, aiming towards
nationwide coverage and suitability for socio-economic development of Vietnam;
harmonize payment and enjoyment; ensure equality, fairness, sharability and
sustainability.
3. Promote negotiation and
conclusion of international treaties and international agreements on social
insurance in order to protect interests of Vietnamese guest workers and foreign
workers in Vietnam.
4. In case a international treaty
to which the Socialist Republic of Vietnam is a signatory has a specific period
of social insurance participation by workers in Vietnam and overseas as a
condition for receiving social insurance benefits, the social insurance payout
in Vietnam shall be calculated according to the period over which social
insurance is paid by the employee in Vietnam.
Article 9.
Prohibited acts
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2. Appropriation of social
insurance or unemployment insurance payouts.
3. Obstructing or infringing upon
lawful and legitimate rights and interests of participants or beneficiaries of
social insurance or unemployment insurance.
4. Falsifying or forging documents
in the implementation of social insurance or unemployment insurance.
5. Using the social insurance fund
or unemployment insurance fund against the law.
6. Accessing or providing the
database on social insurance or unemployment insurance against the law.
7. Registering, making untruthful
reports or providing inaccurate information on social insurance or unemployment
insurance.
8. Colluding, harboring, abetting
other organizations and individuals committing violations against regulations
of law on social insurance and unemployment insurance.
9. Pledging, trading, depositing
social insurance books in any shape or form.
10. Other acts prescribed by law.
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RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND
INDIVIDUALS FOR SOCIAL INSURANCE AND ORGANIZATION OF IMPLEMENTATION OF SOCIAL
INSURANCE
Section 1.
RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS FOR SOCIAL
INSURANCE
Article 10.
Rights of social insurance participants and beneficiaries
1. Social insurance participants
have the rights to:
a) Enjoy the social insurance
benefits prescribed in this Law;
b) Be granted social insurance
books;
c) Receive monthly information from
social security authorities about payment of social insurance premiums via
electronic media; have information about payment of social insurance premiums
confirmed by social security authorities on demand;
d) Request employers, relevant
agencies and organization to fulfill their responsibility social insurance for
employees as prescribed by law.
dd) Receive information about social
insurance laws and policies;
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g) Lodge complaints or
denunciations or initiate lawsuits about social insurance in accordance with
law.
2. Social insurance beneficiaries
have the rights to:
a) Fully, promptly and conveniently
receive social insurance benefits;
b) Receive health insurance
benefits while receiving pensions; while on leave and receiving monthly
occupational accident or occupational disease allowance; while on maternity
leave for at least 14 working days in the month; while on sick leave for at
least 14 working days in the month; while on sick leave due to the diseases
requiring long-term treatment on the list issued by the Minister of Health;
while receiving benefits specified in Article 23 of this Law;
c) Have the medical assessment
costs reimbursed if medical assessment is recommended by the employer if the
medical assessment result indicates eligibility for social insurance benefits
prescribed by this Law;
d) Authorize another person in
writing to receive social insurance benefits. In case of pension, social
insurance benefits and other benefits, the authorization document shall be
effective for up to 12 months from the day on which it is created.
authorization documents must be authenticated in accordance with regulations of
law on authentication;
dd) People aged 80 and older may
request social security authorities or service providers authorized by social
security authorities to pay pension or social insurance benefits at the
residences within Vietnam’s territory;
e) Receive monthly information from
social security authorities about provision of social insurance benefits via
electronic media; have information about payment of social insurance premiums
confirmed by social security authorities on demand;
g) Lodge complaints or
denunciations or initiate lawsuits about social insurance in accordance with
law;
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Article 11.
Responsibilities of social insurance participants and beneficiaries
1. Social insurance participants
have the responsibilities to:
a) Pay social insurance premiums in
accordance with this Law;
b) Monitor fulfillment of social
insurance-related responsibility to themselves;
c) Provide accurate, truthful and
adequate information when registering social insurance participation.
2. Social insurance beneficiaries
have the responsibilities to:
a) Implement regulations on social
insurance-related procedures and other regulations on receipt of social
insurance benefits of this Law and relevant laws;
b) Return social insurance benefits
if a competent authority issues a decision that such social insurance benefits
were provided against regulations;
c) Annually, social insurance
beneficiaries, via their personal bank accounts, have the responsibility to
cooperate with social security authorities or service providers authorized by
social security authorities in verifying their eligibility for social insurance
benefits.
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1. Reject requests which are
contrary to the law on social insurance.
2. Suspend payment of compulsory
social insurance premiums in accordance with Article 37 of this Law.
3. Receive instructions for social
insurance procedures from social security authorities.
4. Receive information about social
insurance laws and policies;
5. Lodge complaints or
denunciations or initiate lawsuits about social insurance in accordance with
law.
Article 13.
Responsibilities of employers
1. Register participation in
compulsory social insurance for employees in accordance with this Law;
cooperate with social security authorities in returning physical social
insurance books to employees.
2. Prepare documentation for
employees to receive social insurance benefits.
3. Cooperate with social security
authorities in certifying social insurance payment period for employees who
terminate their employment contracts, working contracts or hand in their
resignation as prescribed by law.
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5. Have employees prescribed in
Article 65 of this Law undergo medical assessment to determine their work
capacity reduction.
6. Cooperate with social security
authorities in providing social insurance benefits for employees (in the cases
where social insurance benefits are provided via employers).
7. Present, provide accurate,
sufficient and timely information and documents relating to the payment of
social insurance premiums and receipt of social insurance benefits at the
request of competent authorities.
8. Recompense employees for failure
to pay or fully pay compulsory social insurance in accordance with this Law,
thereby harming lawful rights and interests of employees.
9. Cooperate with and enable social
security authorities to recover social insurance payouts that are provided
against regulations when requested by competent authorities.
Article 14.
Rights and responsibilities of trade unions, Vietnam Fatherland Front and its
member organizations
1. Within the scope of their
functions and duties, and under relevant laws, trade unions have the following
rights and responsibilities:
a) Protect lawful rights and
interests of employees who are social insurance participants;
b) Request employers and social
security authorities to provide information on employees’ social insurance;
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d) Carry out supervision and
request competent authorities to take actions against social insurance-related
offences;
d) Participate in inspection of
implementation of social insurance laws;
e) File lawsuits against people who
commit social insurance-related offences that might affect lawful rights and
interests of employees or employee collectives;
g) Participate in the formulation,
amendment and supplementation of social insurance laws.
2. Within the scope of their
functions and duties, and under relevant laws, Vietnamese Fatherland Front and
its member organizations have the following rights and responsibilities:
a) Encourage the people, union
members and members to implement social insurance laws and policies;
participate in various forms of social insurance that are appropriate for
themselves and their families;
b) Participate in the protection of
lawful rights and interests of union members and members; share information and
data on their employees and members with social security authorities;
c) Carry out supervision; make
comments; cooperate with state agencies in development and implementation of
social insurance laws and policies.
Article 15.
Rights and responsibilities of employers’ representative organizations
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2. Participate in the formulation,
amendment and supplementation of social insurance laws and policies.
3. Propagate and disseminate social
insurance laws and policies among employers.
4. Encourage employers that are
their members to comply with social insurance laws and policies.
5. Participate in the inspection
and supervision of implementation of social insurance laws.
6. Request competent authorities to
take actions against social insurance-related offenses.
Section 2.
ORGANIZATION OF SOCIAL INSURANCE IMPLEMENTATION
Article 16.
Social security authorities
1. A social security authority is a
state agency that is established to implement social insurance policies; manage
and use social insurance fund, health insurance and unemployment insurance
funds, inspect payment of social insurance, unemployment insurance and health
insurance premiums, and perform other tasks prescribed by this Law and relevant
laws.
2. The Government shall specify functions,
tasks, powers and organizational structure of social security authorities.
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1. Request employers to present
their labor management books, pay scales, payrolls, other information and
documents related to payment of compulsory social insurance, unemployment
insurance and health insurance premiums.
2. Be provided with information
copies of operating licenses, certificates of operation, certificates of
registration of enterprises, cooperatives, household businesses for inspection
of registration for participation in compulsory social insurance by new
enterprises and organizations by business registration authorities, issuers of
certificates of operation of operating licenses.
3. Be provided with information
about salary expenses of employers for taxation and information related to
social insurance participation by tax authorities in accordance with
regulations of law on tax administration.
4. Reject claims for compulsory
social insurance, voluntary social insurance, unemployment insurance, health
insurance benefits if they are not conformable with law; provide written
response and explanation for rejection.
5. Inspect the implementation of
regulations of law on compulsory social insurance, voluntary social insurance,
execution of medical examination and treatment contracts covered by health
insurance, provision of unemployment insurance and health insurance benefits.
Carry out specialized inspection of social insurance, unemployment insurance,
health insurance premium payments.
6. Propose formulation, revision
and supplementation of policies and laws on social insurance, unemployment
insurance, health insurance and the management of social insurance,
unemployment insurance and health insurance funds to competent authorities.
7. Take actions or request
competent authorities to take actions against violations of law on compulsory
social insurance, voluntary social insurance, unemployment insurance, and
health insurance.
Article 18.
Responsibilities of social security authorities
1. Disseminate information, provide
explanation and counseling for policies and regulations of law on compulsory
social insurance, voluntary social insurance, unemployment insurance, health
insurance; develop and submit the strategy for development of the social
insurance sector and the long-term investment plan to competent authority for
approval; develop and submit annual investment plans to the Management Board of
Vietnam Social Security (VSS) for decision; organize assessment and announcement
of organizations’ and individuals’ satisfaction with the implementation of
social insurance, unemployment insurance, health insurance policies.
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3. Collect social insurance,
unemployment insurance and health insurance premiums and pay social insurance,
unemployment insurance and health insurance benefits in accordance with law.
4. Receive applications for
participation in compulsory social insurance, voluntary social insurance, and
unemployment insurance; issue social insurance books and health insurance cards
to employees.
5. Receive and process social
insurance claims; organize payment of pension, social insurance and
unemployment insurance benefits; make sure they are provided in full,
conveniently and on schedule.
6. Confirm social insurance payment
period and unemployment insurance payment period for each employee; promptly
provide information about payment and eligibility to receive insurance
benefits, procedures for implementation of compulsory social insurance and
voluntary social insurance when requested by employers or trade unions.
7. Apply information technology;
carry out administrative reform; ensure transparency, simplicity and
convenience for social insurance participants and beneficiaries; retain
dossiers of social insurance and unemployment insurance participants and
beneficiaries as prescribed by law.
8. Manage and use social insurance,
unemployment insurance and health insurance funds in accordance with law.
9. Take measures to preserve and
grow social insurance, unemployment insurance and health insurance funds under
decisions of the Management Board of VSS.
10. Perform statistical and
financial accounting work on social insurance, unemployment insurance and
health insurance.
11. Provide professional training
in and guidance on social insurance, unemployment insurance and health
insurance.
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a) Submit reports on implementation
of social insurance, unemployment insurance and health insurance policies to
Social Insurance Management Council every 03 months;
b) Submit reports on implementation
of compulsory social insurance, voluntary social insurance and unemployment
insurance policies to the Ministry of Labor, War Invalid and Social Affairs
every 06 months; submit reports to the Ministry of Health on provision of
health insurance benefits;
c) Local social security
authorities shall submit reports to same-level People’s Committees on
implementation of social insurance, unemployment insurance and health insurance
policies in their areas every 06 months;
d) Submit annual reports to the
Ministry of Finance on the management and use of social insurance, unemployment
insurance and health insurance funds.
13. Carry out assessment and
forecast the capacity of the pension and survivorship fund every 05 years.
14. Provide documents and
information about implementation of policies and regulations of law on social
insurance, unemployment insurance and health insurance at the request of
competent authorities.
15. Handle settle complaints and
denunciations about the implementation of regulations on social insurance,
unemployment insurance and health insurance of this Law and relevant laws.
16. Carry out international
cooperation in social insurance, unemployment insurance and health insurance.
17. Identify and monitor employees
and employers that are social insurance participants according to Article 30 of
this Law.
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Article 19.
Management Board of Vietnam Social Security (VSS)
1. The Management Board of VSS
shall be organized at national level and has the responsibility to assist the
Government and the Prime Minister directing and supervising the operation of
social security authorities, and provide counseling on social insurance, health
insurance and unemployment insurance policies
2. The Management Board of VSS
shall be composed of representatives of the Vietnam General Confederation of
Labor, employers’ representative organizations, the Ministry of Finance, the
Ministry of Labor, War Invalid and Social Affairs, the Ministry of Health, the
Ministry of Home Affairs, Vietnam Social Security, the Ministry of Public
Security, the Ministry of National Defense, State Bank of Vietnam, relevant
organizations and individuals.
3. The Management Board of VSS has
a Chairperson, Deputy Chairpersons and members, who shall be appointed,
relieved from duty and dismissed by the Prime Minister; the term of members of
the Management Board of VSS is 05 years.
4. The Government shall specify the
procedures for establishment, working regulations, responsibilities and
operating budget of the Management Board of VSS and its assistance apparatus.
Members of the Management Board of
VSS shall be personally responsible for their decisions and opinions offered
during questionnaire surveys or voting with regard to regulations of Article 20
of this Law.
The Chairperson of the Management
Board of VSS shall report unsettled issues among members of the Management
Board to the Prime Minister.
Article 20.
Tasks, entitlements and responsibilities of the Management Board of VSS
1. Approve social insurance
development strategies, long-term, 5-year plans on implementation of social
insurance, unemployment insurance and health insurance policies, and long-term
investment plans before submitting them to competent authorities for approval;
or approval annual plans for implementation of social insurance, unemployment
insurance, health insurance policies; inspect the implementation of approved
strategies, plans and schemes by social security authorities.
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3. Make decisions and take
responsibility before the Government for the investment portfolios, structure
and methods of social insurance, health insurance and unemployment insurance
funds on the basis of proposals from social security authorities.
4. Approve the following:
a) Schemes, plans for preservation
and growth of social insurance, unemployment insurance and health insurance
funds.
b) Annually estimate the revenue
and spending of social insurance, unemployment insurance and health insurance
funds; expenditures on social insurance, unemployment insurance, health
insurance activities; prepare statements of expenditures on social insurance
organization and activities; long-term investment plans before they are
submitted by social security authorities to competent authorities;
c) Annual investment plans.
5. Propose to competent authorities
the formulation, revision and supplementation of policies and laws on social
insurance, health insurance and unemployment insurance, social insurance
development strategies, strengthening of the organizational apparatus of social
insurance agencies, and mechanisms for management and use of social insurance,
health insurance and unemployment insurance funds.
6. Submit annual reports to the
Government and the Prime Minister on the performance of the tasks and exercise
of the powers in accordance with this Law.
7. Perform other tasks and exercise
other powers assigned by the Government and the Prime Minister.
Chapter III
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Article 21.
Beneficiaries and eligibility for social retirement benefits
1. A Vietnamese citizen shall be
eligible for social retirement benefits when the following conditions are fully
satisfied:
a) His/her age is 75 years or
older;
b) He/she is not receiving pension
or monthly social insurance allowances, except in certain cases specified by
the Government;
c) He/she submits an application
for social retirement benefits.
2. Vietnamese citizens aged from 70
to under 75 who live in poor households, near-poor households and fully satisfy
the conditions specified in Point b and Point c Clause 1 of this Article shall
be eligible for social retirement benefits.
3. Standing committee of the
National Assembly shall gradually reduce the age eligible for social retirement
benefits on the basis of proposals of the Government, socio-economic development,
and state budget capacity in each period.
4. The Government shall elaborate
Clause 2 of this Article.
Article 22.
Types and procedures for receipt of social retirement benefits
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In consideration of socio-economic
conditions, state budget capacity and mobilized social resources, the People’s
Committees of provinces shall request the People's Councils of the same
provinces to consider providing extra assistance for beneficiaries of social
retirement benefits.
2. If a beneficiary mentioned in
Article 21 of this law is also eligible for monthly social allowance, the more
favorable benefits shall be provided.
3. Upon the death of a beneficiary
of monthly social retirement benefits who has health insurance paid by state
budget in accordance with regulations of law on health insurance, the
organization or individual responsible for his/her burial will receive a
funeral allowance in accordance with regulations of law on elderly people.
4. The Government shall specify
procedures for provision of social retirement benefits.
Article 23.
Benefits for workers who are not eligible for pension and not old enough to
receive social retirement benefits
1. If a Vietnamese citizen who has
reached retirement age, has paid social insurance, but is not eligible to receive
pension and social retirement benefits according to Article 21 of this Law, and
chooses not to receive lump-sum social insurance payout and not to reserve the
social insurance payment period, he/she will receive monthly benefits from
their own payments according to Clause 2 of this Article.
2. The duration and level of
monthly benefits shall be determined according to the payment period and total
social insurance premiums paid by the employee.
3. The minimum monthly benefit
shall be equal to the monthly social retirement benefit specified in Clause 1
Article 22 of this Law.
If the total social insurance
premium paid by the employee is higher than the amount used for calculation of
monthly benefit, which is equal to the social retirement benefits for the
period between the statutory retirement age and the age eligible for social
retirement benefits, the higher monthly benefits shall be provided for the
employee.
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4. The monthly benefits specified
in Clause 3 of this Article shall apply the adjustments specified in Article 67
of this Law.
5. When a person receiving monthly
benefits dies, his/her family will receive a lump sum allowance for the
remaining months plus (+) a funeral allowance if eligible according to Point a
Clause 1 Article 85 or Point a Clause 1 Article 109 of this Law.
6. People who are receiving monthly
benefits shall have health insurance premiums paid by state budget.
7. The Government shall elaborate
this Article.
Article 24.
Procedures for provision of benefits for workers who are not eligible for
pension and not old enough to receive social retirement benefits
1. The employees mentioned in
Clause 1 Article 23 of this Law shall submit applications to social security
authorities. An application shall include:
a) The social insurance book;
b) The written request for
provision of monthly benefits.
2. Within 05 working days from the
day on which the satisfactory application specified in Clause 1 of this Article
is received, the social security authority shall decide whether to grant or
reject the application. If the application is rejected, a written response and
explanation must be provided.
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REGISTRATION OF PARTICIPATION, MANAGEMENT OF
COLLECTION AND PAYMENT OF COMPULSORY AND VOLUNTARY SOCIAL INSURANCE PREMIUMS
Section 1.
REGISTRATION OF PARTICIPATION IN COMPULSORY AND VOLUNTARY SOCIAL INSURANCE
Article 25.
Social insurance books
1. Each employee shall be issued
with a separate social insurance book, which contain his/her personal
information, payment of premiums, receipt of benefits and other relevant and
necessary information.
2. Electronic and physical social
insurance books have the sale legal value.
By January 1st 2026,
electronic social insurance books shall be issued. Physical social insurance
books will be issued if requested by participants.
3. Data on social insurance books
shall be accurately and promptly updated, compared and managed as per
regulations.
4. The Government shall elaborate
this Article.
Article 26.
Electronic transactions in social insurance
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2. Documents used in electronic
transactions shall comply with regulations of law on electronic transactions.
Electronic transactions in social insurance mentioned in Clause 1 of this
Article have the same legal value as that of transactions using physical
documents.
3. By January 1st 2027,
social security authorities shall be capable of electronic transactions in
social insurance.
4. The Government shall elaborate
this Article and adjust, reduce, simplify documentation and procedures for
transformation from physical documents to electronic transactions for the
convenient of social insurance participants and beneficiaries.
Article 27. Application
for participation in compulsory and voluntary social insurance
1. Composition of an application
for participation in compulsory social insurance (except for participants
specified in Point m and Point n Clause 1 Article 2 of this Law):
a) The employer’s declaration form
for participation in social insurance enclosed with a list of employees who
participate in social insurance;
b) Employees' declaration forms for
participation in social insurance.
2. The application for
participation in compulsory social insurance by participants specified in Point
m and Point n Clause 1 Article 2 of this Law shall have the documents specified
in Clause 1 of this Article if it is submitted by the employer. The application
shall be the declaration form mentioned in Point b Clause 1 of this Article if
it is submitted by the employee.
3. The application for
participation in voluntary social insurance shall be the declaration form for
participation in social insurance prepared by the voluntary social insurance
participant.
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1. The employer shall prepare and
submit the application for participation in compulsory social insurance for the
employees specified in Clause 1 and Clause 2 Article 27 of this Law to the
social security authority within 30 days from the day on which the employees
are subject to compulsory social insurance participation, except for the cases
specified in Clause 2 of this Article.
2. If a person mentioned in Point m
or Point n Clause 1 Article 2 of this Law submits the application
himself/herself, the application shall be the declaration form mentioned in
Point b Clause 1 Article 27 of this Law and shall be submitted to the social
security authority within 30 days from the day on which he/she is subject to
compulsory social insurance participation.
3. Voluntary social insurance
participants shall submit applications according to Clause 3 Article 27 of this
Law to social security authorities.
4. Within 05 working days from the
day on which the satisfactory application is received, the social security
authority shall decide whether to grant or reject the application. If the
application is rejected, a written response and explanation must be provided.
5. The Government shall elaborate
this Article.
Article 29.
Adjustment of declared information for social insurance participation
1. When declared information for
social insurance participation has to be adjusted, the declarant mentioned in
Article 28 of this Law shall submit the application for information adjustment
enclosed with relevant documents to the social security authority.
2. Within 05 working days from the
day on which the satisfactory documents are received, the social security
authority shall adjust the participant's information. If information cannot be
adjusted, a written response and explanation must be provided.
Section 2.
MANAGEMENT OF COLLECTION AND PAYMENT OF COMPULSORY AND VOLUNTARY SOCIAL
INSURANCE PREMIUMS
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1. Social security authorities
shall take charge and cooperate with relevant organizations and individuals in
Identifying and monitoring compulsory social insurance participants specified
in Article 2 of this Law; supervise and provide instructions on preparation of
applications for compulsory social insurance participation.
Ministries, ministerial agencies,
the People’s Committees at all levels shall cooperate with social security
authorities in organizing the identification of compulsory social insurance
participants.
2. Social security authorities
shall take charge and cooperate with relevant organizations and individuals in
encouraging voluntary social insurance participation.
3. Governing bodies of national
databases and specialized databases on labor, population, tax, enterprise
registration shall carry out connection, share information and data on social
insurance participations with social security authorities in accordance with
regulations of the Government.
Article 31.
Incomes and salaries on which social insurance premiums are paid
1. Salaries on which compulsory
social insurance is paid:
a) For employees receiving
State-regulated salaries, the salary on which social insurance premiums are
paid shall be the monthly salary (position-, title-, grade-, step-, rank-based
salary) plus position-based allowances, extra seniority pay, occupation-based
seniority pay, reserved difference coefficient (if any);
b) For employees receiving
employer-decided salaries, the salary on which compulsory social insurance is
paid shall be the monthly salary, including the work-based or title-based
salary, allowances and other extra payments that are periodically and stably
paid under agreements.
In case an employee is on leave but
still receiving a monthly salary that is equal to or higher than the minimum
salary on which compulsory social insurance is paid, compulsory social
insurance premiums shall be paid on the salary received during the leave
period;
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d) Participants specified in Points
g, h, m and n Clause 1 Article 2 of this Law may choose their own salary on
which compulsory social insurance is paid, which shall be 1 – 20 times the
reference level applicable at the time of payment.
After at least 12 months of social
insurance payment on the selected salary, they can adjust the salary on which
social insurance premiums are paid;
dd) The minimum salary on which
compulsory social insurance is paid shall be 1 – 20 times the reference level
applicable at the time of payment.
2. The minimum income on which
voluntary social insurance is paid shall be that of poor household in rural
areas and shall not exceed 20 times the reference level applicable at the time
of payment.
3. The Government shall elaborate
Point b Clause 1 of this Article and specify the retrospective collection and
payment of compulsory social insurance premiums.
Article 32.
Social insurance payment ratios
1. Compulsory social insurance
payment ratios:
a) 3% of the salary on which social
insurance premiums are paid to the sickness and maternity fund;
b) 22% of the salary on which social
insurance premiums are paid to the pension and survivorship fund.
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Article 33.
Levels, methods and time limits for compulsory social insurance payment by
employees
1. Levels and methods of social
insurance payment by the participants specified in Points a, b, c, d, i, k and
l Clause 1 and Clause 2 Article 2 of this Law:
a) Monthly payment: 8% of the
salary on which compulsory social insurance is paid to the pension and
survivorship fund;
b) Method of payment: Monthly
payment to social security authorities.
Participants specified in Point a
Clause 1 Article 2 of this Law who receive piece rate or project-based income
enterprises, cooperatives, cooperative unions, household businesses in the
fields of agriculture, forestry, fishery or salt making shall pay social
insurance premiums every month, 03 months or 06 months.
2. Levels, methods and time limits
for social insurance payments by participants specified in Point g Clause 1
Article 2 of this Law:
a) Monthly payment: 22% of the
salary on which compulsory social insurance is paid to the pension and
survivorship fund;
b) Social insurance premiums shall
be paid to social security authorities every 03 months, 06 months or 12 months,
or as a lump sum for the entire duration of the Vietnamese guest worker
contract; payment shall be made by the last day of the month succeeding the payment
cycle.
Employees who have their contracts
renewed or sign new contracts in the host countries shall pay social insurance
premiums according to the method specified in this Point for the duration of
the renewed or new contract, or retrospectively pay social insurance premiums
after they return to Vietnam.
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a) Monthly payment: 22% of the
salary on which compulsory social insurance is paid to the pension and
survivorship fund;
b) Payment shall be made through
their supervisory organizations when they are designated as members of
diplomatic missions of the Socialist Republic of Vietnam every month, 03 months
or 06 months; payment shall be made by the last day of the month succeeding the
payment cycle.
4. Levels, methods and time limits
for social insurance payments by participants specified in Point m and Point n
Clause 1 Article 2 of this Law:
a) Monthly payment: 3% of the
salary on which compulsory social insurance is paid to the sickness and
maternity fund, 22% of the salary on which compulsory social insurance is paid
to the pension and survivorship fund;
Payment shall be made directly to
social security authorities or through the household businesses, enterprises,
cooperatives, cooperative unions every month, 03 months or 06 months; payment
shall be made by the last day of the month succeeding the payment cycle.
5. Participants specified in Points
a, b, c, d and I Clause 1 and Clause 2 Article 2 of this Law who do not receive
salary for 14 working days or more in a month are not required to pay social
insurance premiums for that month, unless the employer and the employee has an
agreement to pay social insurance for the employee for that month on the latest
salary on which social insurance premiums are paid.
Regulations of the Government shall
apply to participants specified in Points dd, e and k Clause 1 Article 2 of
this Law who do not work for 14 working days or more in the month.
6. If the employee takes sick leave
for at least 14 working days in the first working month or the first month the
employee returns to work, the employee still has to pay social insurance for
that month.
7. In case the compulsory social
insurance premiums have to be paid for up to 06 more months for the employee to
be eligible for pension or monthly survivorship allowance, the employee or
his/her family may pay a lump sum to the pension and survivorship fund for the
remaining month, which is equal to the total amount payable by the employee and
the employer before the employee resigns or dies. This supplemental payment
period shall not be considered the period of doing heavy, hazardous, dangerous
or extremely heavy, hazardous, dangerous works on the list promulgated by the
Minister of Labor, War Invalid and Social Affairs or period of working in
extremely disadvantaged areas.
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8. The Minister of Labor, Invalids,
and Social Affairs shall elaborate Clause 7 of this Article.
Article 34.
Levels, methods and time limits for compulsory social insurance payment by
employers
1. Employers shall monthly pay
compulsory social insurance on the salary on which compulsory social insurance
is paid of the participants specified in Points a, b, c, d, i, k and l Clause 1
and Clause 2 Article 2 of this Law as follows:
a) 3% to the sickness and maternity
fund;
b) 14% to the pension and
survivorship allowance fund.
2. The employee shall monthly pay
22% of the salary on which compulsory social insurance is paid to the pension
and survivorship fund for the participants specified in Point dd and Point e
Clause 1 Article 2 of this Law.
3. Employers are not required to
pay social insurance for the participants specified in Clause 5 Article 33 of
this Law, unless the employer and the employee has an agreement to pay social
insurance for the employee in that month on the latest salary on which social
insurance premiums are paid.
4. Methods and deadlines for
compulsory social insurance payment by employers:
a) The last day of the succeeding
month for monthly payment;
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Article 35.
Reminding payment of compulsory social insurance and unemployment insurance
premiums
1. In the cases specified in Clause
1 Article 38 of this Law, social security authorities shall issue written
reminders.
In case of late payment by
employers in the cases specified in Clause 2 and Clause 3 Article 38 of this
Law and evasion of insurance payment, social security authorities shall issue
written reminders.
2. Social security authorities
shall publish on their websites the lists of employers that delay or evade
paying compulsory social insurance and unemployment insurance.
3. Social security authorities
shall send information about employers that delay or evade paying compulsory
social insurance and unemployment insurance for regulatory authorities
responsible for social insurance, unemployment insurance and relevant
inspection agencies for taking actions.
4. The Government shall elaborate
this Article.
Article 36.
Levels, methods and time limits for voluntary social insurance payment
1. A person specified in Clause 4
Article 2 of this Law shall monthly pay an amount of 22% of the income as the
basis for voluntary social insurance payment to the pension and survivorship
fund.
In consideration of socio-economic
development conditions and state budget capacity in each period, the Government
shall decide the levels, subjects and duration of subsidization of voluntary
social insurance.
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a) Monthly payment;
b/ Quarterly payment (every 03
months);
c) Biannual payment (every 06
months);
d) Annual payment (every 12
months);
dd) A lump sum for multiple years
at a lower rate than the rate specified in Clause 1 of this Article;
e) A lump sum for the remainder of
the social insurance payment period in order to receive pension at a rate
higher than the rate specified in Clause 1 of this Article.
3. Time limits for voluntary social
insurance payment:
a) Within the month for monthly
payment;
b) Within 03 months for quarterly
payment;
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d) Within the first 07 months for
annual payment;
dd) On the date of registration of
method of payment and monthly income as the basis for voluntary social
insurance payment in the cases specified in Point dd Clause 2 of this Article;
e) On the date of registration of
method of payment and monthly income as the basis for voluntary social
insurance payment in the cases specified in Point e Clause 2 of this Article
but not sooner than the month preceding the month in which the participant
reaches the retirement age.
4. The Government shall elaborate
Point dd and Point e Clause 2 of this Article.
Article 37.
Suspension of compulsory social insurance payment
1. Suspension of payment to the
pension and survivorship fund:
a) In case a struggling employer
has to suspend their production or business activities, making them and their
employees unable to pay social insurance premiums, the payment to the pension
and survivorship fund may be suspended for up to 12 months;
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 in which the suspension
period ends. The supplementary amount shall be equal to the amount incurred
over the suspension period.
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3. The Government shall elaborate
this Article and specify other cases of suspension of compulsory social
insurance payment.
Article 38.
Late payment of compulsory social insurance and unemployment insurance
Cases of late payment of compulsory
social insurance and unemployment insurance by the employer:
1. Failure to pay or fully pay the
amount payable according to the submitted applications for participation in
compulsory social insurance and unemployment insurance after the deadline for
social insurance payment specified in Clause 4 Article 34 of this Law or after
the deadline for unemployment insurance payment under unemployment insurance
laws, except for the cases specified in Point dd and Point e Clause 1 Article
39 of this Law;
2. Failure to register or fully register
compulsory social insurance participants within 60 days from the deadline
specified in Clause 1 Article 28 of this Law;
3. Failure to register or fully
register unemployment insurance participants within 60 days from the deadline
for participation in unemployment insurance under unemployment insurance laws.
4. It is not the cases of evasion
of compulsory social insurance and unemployment insurance payment specified in
Clause 2 Article 39 of this law.
Article 39.
Evasion of compulsory social insurance and unemployment insurance payment
1. It is considered evasion of
compulsory social insurance and unemployment insurance payment if the employer
commits any of the following acts to evade paying or fully paying social
insurance and unemployment insurance for employees:
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b) The employer fails to register
or fully register unemployment insurance participants after the 60-day period
from the deadline for participation in unemployment insurance under
unemployment insurance laws has elapsed.
c) The employer registers a lower
salary as the basis for compulsory social insurance payment than that specified
in Clause 1 Article 31 of this Law;
d) The employer registers lower
salary as the basis for unemployment insurance payment than that specified by
unemployment insurance laws.
dd) The employer fails to pay or
fully pay the compulsory social insurance premiums after the 60-day period from
the deadline specified in Clause 1 Article 28 of this Law has elapsed and after
a reminder is issued by a competent authority as prescribed in Article 35 of
this Law;
e) The employer fails to pay or
fully pay the unemployment insurance premiums after the 60-day period from the
deadline for participation in unemployment insurance under unemployment
insurance laws has elapsed and after a reminder is issued by a competent
authority as prescribed in Article 35 of this Law;
g) Other cases considered evasion
of compulsory social insurance and unemployment insurance payment defined by
the Government.
2. The Government shall elaborate
this Article and specifies the cases that are mentioned in Clause 1 of this
Article but are not considered evasion of compulsory social insurance and
unemployment insurance payment for good reasons.
Article 40.
Actions against late payment of compulsory social insurance and unemployment
insurance
1. Enforced payment of the arrears
plus an interest of 0,03%/day on the arrears to the social insurance and
unemployment insurance funds.
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3. Disqualification from
commendation and awards.
4. The Government shall elaborate
Clause 1 of this Article.
Article 41.
Actions against evasion of compulsory social insurance and unemployment
insurance payment
1. Enforced payment of the arrears
plus an interest of 0,03%/day on the arrears to the social insurance and
unemployment insurance funds.
2. Administrative penalties or
criminal prosecution as prescribed by law.
3. Disqualification from
commendation and awards.
4. The Government shall elaborate
Clause 1 of this Article.
Chapter V
COMPULSORY SOCIAL INSURANCE
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Article 42.
Beneficiaries and eligibility for sickness benefits
1. The participants specified in
Points a, b, c, d, i, k, l, m and n Clause 1 and Clause 2 Article 2 of this Law
will be eligible for sickness benefits while they are on leave in one of the following
cases, except the cases specified in Clause 2 of this Article:
a) Undergoing treatment for
diseases other than occupational diseases;
b) Undergoing treatment for
injuries that are not caused by occupational accidents;
c) Undergoing treatment for
injuries caused by accidents that happen during commute between home and work
with reasonable time and route according to regulations of law on occupational
hygiene and safety;
d) Undergoing treatment and
rehabilitation due to disability or relapse of diseases caused by occupational
accidents, occupational diseases or accidents mentioned in Point c of this
Clause;
dd) Donation, transplantation of
human organs or tissues as prescribed by law;
e) Taking care of sick children
under 07 years.
2. Employees are not eligible for
sickness benefits in the following cases:
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b) Using narcotic substances,
narcotic precursors under the list promulgated by the Government, except use of
precursors or combined drugs that contain precursors by prescription of
physicians in medical facilities;
c) During the first leave for
treatment or rehabilitation after occupational accidents or occupational
diseases;
d) The leave period mentioned in
Clause 1 of this Article is also a rest period prescribed by labor laws, a paid
leave prescribed by other laws, maternity leave, or convalescent leave
prescribed by social insurance laws.
Article 43.
Duration of sickness benefits
1. Sickness benefits shall be
provided for up to one year (from January 1st to December 31st)
for the participants specified in Points a, b, c, i, k, l, m and n Clause 1 and
Clause 2 Article 2 of this Law, and only for working days, excluding public
holidays and weekends. To be specific:
a) An employee who is working under
normal conditions will receive sickness benefits for 30 days if he/she has paid
social insurance premiums for under 15 years; 40 days if he/she has paid social
insurance premiums for between full 15 years and under 30 years; 60 days if
he/she has paid social insurance premiums for at least 30 years;
b) An employee doing heavy,
hazardous or dangerous jobs extremely heavy, hazardous or dangerous jobs on the
list issued by the Minister of Labor, War Invalids and Social Affairs, or
working in extremely disadvantaged areas will receive sickness benefits for 40
days if he/she has paid social insurance premiums for under 15 years; 50 days
if he/she has paid social insurance premiums for between 15 years and under 30
years; 70 days if he/she has paid social insurance premiums for at least 30 years.
2. If the period of provision of
sickness benefits specified in Clause 1 of this Article has elapsed but
treatment has to be still carried on, the employee who takes leave due to a
disease requiring long-term treatment on list issued by the Minister of Health
will continue to receive sickness benefits at the rates specified in Clause 3
Article 45 of this Law. In this case, sickness benefits shall be provided for
working days, excluding public holidays and weekends.
3. The duration of sickness
benefits for employees specified in Point d Clause 1 Article 2 of this Law
shall vary according to the duration of inpatient treatment at health
facilities and the leave duration prescribed by physicians at health
facilities.
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1. The leave period to take care of
a sick child in a year (from January 1st to December 31st)
must not exceed 20 days if the child is under 03 years old, or 15 days if the
child is between 03 years and under 07 years old.
2. If both parents are compulsory
social insurance participants, the leave period of the father or mother to take
care of the sick child shall comply with Clause 1 of this Article.
3. The leave period for sick
children specified in this Article shall include working days, exclude public
holidays and weekends.
Article 45.
Sickness allowance
1. Sickness allowance shall be
calculated by month on the following basis:
a) The salary on which social
insurance premiums are paid of the month preceding the month in which the
employee takes sick leave;
b) The salary on which social
insurance premiums are paid of the first month in which the employee
participates in or resumes participation in social insurance if he/she has to
take sick leave during such month.
2. The sickness allowance for
employees specified in Clause 1 Article 43 and Article 44 of this Law shall be
75% of the salary on which social insurance premiums are paid as prescribed in
Clause 1 of this Article.
3. Sickness allowance for employees
specified in Clause 2 Article 43 of this Law:
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b) 55% of the salary on which
social insurance premiums are paid specified in Clause 1 of this Article if
compulsory social insurance has been fully paid for 15 years to under 30 years;
c) 50% of the salary on which
social insurance premiums are paid specified in Clause 1 of this Article if
compulsory social insurance has been fully paid for under 15 years.
4. Sickness allowance for employees
specified in Clause 3 Article 43 of this Law shall be 100% of the salary on
which social insurance premiums are paid as prescribed in Clause 1 of this
Article.
5. daily sickness allowance for one
day equals (=) monthly sickness allowance divided by (:) 24 days. The sickness
allowance for half a day shall be 50% of the sickness allowance for one day.
When calculating sickness
allowance, sick leave period shall be rounded up to the nearest half a day (a
period of less than half a day shall be rounded up to half a day; a period of
more than half a day but less than a day shall be rounded up to one day).
6. The Minister of Labor, War
Invalid and Social Affairs shall elaborate the determination of working days,
calculation of and eligibility for sickness allowance.
Article 46.
Convalescent leave
1. If an employee has taken sick
leave for at least 30 days in a year and has not recovered within 30 days from
the end of the sickness leave period, he/she may take a convalescent leave for
up to 10 days in a year (from January 1st to December 31st).
A continuous convalescent leave
also includes public holidays and weekends. The convalescent leave duration
shall be determined within the year in which the employee takes it. In case a
convalescent leave begins at the end of one year and ends in the beginning of
the next year, its duration shall be determined for the previous year.
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a) 10 days for employees whose
health has not yet recovered after having a disease requiring long-term
treatment;
b) 07 days for employees whose
health has not yet recovered after undergoing an operation;
c) 5 days in other cases.
3. The convalescent leave benefit
for one day shall be 30% of the reference level.
4. The Minister of Labor, War
Invalid and Social Affairs shall elaborate the determination of and eligibility
for convalescent leave.
Article 47.
Application for sickness benefits
1. The application for sickness
benefits for an employee or an employee’s child who is undergoing inpatient
treatment shall be original or copies of one of the following documents:
a) Hospital discharge note;
b) Medical record summary;
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2. The application for sickness
benefits for an employee or an employee’s child who is undergoing outpatient
treatment shall be original or copies of one of the following documents:
a) The certificate of eligibility
for social insurance-covered leave;
b) Original or copy of the hospital
discharge note which specifies the duration of outpatient treatment after
inpatient treatment;
c) Original or copy of the medical
record summary which specifies the duration of outpatient treatment after
inpatient treatment.
3. The application for sickness
benefits for an employee or an employee’s child who is undergoing treatment
overseas shall be medical documents issued by the overseas medical facility
which specify the disease and treatment duration, and satisfy the following
requirements:
a) There are notarized or
authenticated Vietnamese translations in accordance with regulations of law on
notarization and authentication;
b) They are granted consular
legalization, unless otherwise prescribed by an international treaty to which
the Socialist Republic of Vietnam is a signatory.
4. The Minister of Health shall
issue set forms, procedures and authority to issue the documents specified in
Clause 1 and Clause 2 of this Article of medical facilities, and substitute
documents in force majeure events such as natural disasters, calamities,
epidemics.
Article 48. Provision
of sickness benefits
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2. Within 07 working days from the
day on which the satisfactory application is received from the employee, the
employer shall compile a list of employees applying for sick leave enclosed
with the applications and submit them to the social security authority.
3. Within 07 working days from the
day on which satisfactory applications are received from the employer, the
social security authority shall decide whether to grant or reject each
application. If an application is rejected, a written response and explanation
shall be provided.
Article 49.
Provision of convalescence benefits
1. Within 07 working days from the
day the employee takes convalescent leave, the employer shall compile a list of
employees applying for convalescence benefits and submit it to the
social security authority.
2. Within 07 working days from the
day on which the employer’s list is received, the social security authority
shall decide whether to provide convalescence benefits. In case of
rejection, a written response and explanation shall be provided.
Section 2.
MATERNITY BENEFITS
Article 50.
Beneficiaries and eligibility for maternity benefits
1. The participants specified in
Points a, b, c, d, i, k, l, m and n Clause 1 and Clause 2 Article 2 of this Law
will be eligible for maternity benefits in one of the following cases:
a) Pregnant female employees;
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c) Pregnant female employees who
are surrogate mothers in surrogacy arrangements;
d) Female employees who are
intended mothers in surrogacy arrangements;
dd/ Employees adopting children
under 06 months old;
e) Employees undergoing contraception
procedures which have to be done at health facilities;
g) Male employees whose wives give
birth as normal mothers or surrogate mothers, provided the male employees are
covered by compulsory social insurance.
2. The participants specified in
Points b, c, d and dd Clause 1 of this Article shall pay compulsory social
insurance for at least 06 months within 12 months before the childbirth, child
relinquishment, or adoption of the child under 06 months old.
3. If a participant mentioned in
Point b and Point c Clause 1 of this Article has paid compulsory social
insurance for at least 12 months and has to take maternity leave by
prescription of a physician of a medical facility, he/she must pay compulsory
social insurance for at least 03 months within 12 months before the childbirth.
4. Employees who fully satisfy the
conditions specified in Clause 2, Clause 3 or Clause 5 of this Article and
terminate their employment contracts or working contracts or resign before the
date of childbirth, child relinquishment or adoption of children under 06
months old are still eligible for maternity benefits prescribed in Articles 53,
54, 55 and 56, and Clauses 1, 2 and 3 Article 58 of this Law. The period over
which maternity benefits are paid shall be excluded from the social insurance
payment period.
5. If a participant specified in
Point b Clause 1 of this Article has to take leave to undergo infertility
treatment, he/she has to pay compulsory social insurance for at least 06 months
within 24 months before the childbirth.
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1. Pregnant female employees may
take maternity leave for prenatal checks-up up to 05 times, each of which must
not exceed 02 days.
2. The maternity leave period shall
include working days, exclude public holidays and weekends.
Article 52.
Maternity leave period upon miscarriage, abortion, antepartum stillbirth,
preterm stillbirth, ectopic pregnancy
1. The duration of maternity leave
upon miscarriage, abortion, antepartum stillbirth, preterm stillbirth, ectopic
pregnancy shall be decided by physicians at health facilities and not exceed
the following limits:
a) 10 days if the fetus is under 05
weeks old;
b) 20 days if the fetus is between
05 weeks and under 13 weeks old;
c) 40 days if the fetus is between
13 weeks and under 22 weeks old;
d) 50 days if the fetus is at least
22 weeks old.
2. If a pregnant female employee
suffers from miscarriage, abortion, antepartum stillbirth or preterm stillbirth
from at 22 weeks or later and satisfies the requirements specified in Clause 2
or Clause 3 or Clause 5 Article 50 of this Law, she and her husband may take
parental leave similarly to the female employee’s maternity leave for
childbirth.
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Article 53.
Maternity leave period for childbirth
1. Maternity leave period of female
employees for childbirth shall comply with Clause 1 Article 139 of the Labor
Code.
In case a female employee returns
to work before the expiration of the maternity leave period prescribed in
Clause 4 Article 139 of the Labor Code, she will be paid by the employer for
the working days and continue to receive maternity benefits at the rate
specified in Article 59 of this Law. The employer and the employee shall pay
compulsory social insurance for the time the employee returns to work.
2. A male employee covered by
compulsory social insurance will be entitled to paternity leave when his wife
gives birth. Paternity leave duration:
a) 05 working days;
b) 07 working days, if the wife has
to undergo caesarean delivery or the child is born before 32 weeks;
c) 10 working days if the wife
gives birth to twins, and 03 more working days for each subsequent child;
d) In case of caesarean delivery of
twins, paternity period shall be 14 working days, and 03 more working days for
each subsequent child.
3. The paternity leave period
mentioned in Clause 2 of this Article must begin within 60 days from the
childbirth. If the leave period is divided into shorter periods, the last leave
period must begin within the first 60 days from childbirth and the total leave
period must not exceed the limits specified in Clause 2 of this Article.
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5. In case only the mother is
covered by compulsory social insurance or both parents are covered by
compulsory social insurance but the mother dies in childbirth, the father or
the direct fosterer may take parental leave for the remaining period applicable
to the mother as specified in Clause 1 of this Article. In case the mother who
is covered by compulsory social insurance but does not fully satisfy the
conditions specified in Clause 2, Clause 3 or Clause 5 Article 50 of this Law
dies, the father or the direct fosterer make take parental leave until the
child is 06 months old.
6. If the father or the direct
fosterer does not take parental leave under Clause 5 of this Article, in
addition to salary, he/she will be s entitled to the maternity benefits for the
remaining period applicable to the mother since the day succeeding the death of
the mother as prescribed in Clause 1 of this Article.
7. In case only the father is
covered by compulsory social insurance and the mother dies in childbirth or
faces a postnatal risk that makes her unable to care for the child, as
certified by a competent health facility, the father is entitled to a parental
leave until the child is 06 months old.
8. Maternity leave period for
Female employees giving birth, employees adopting children under 06 months old,
female employees who are surrogate mothers giving birth, female employees who
are intended mothers shall be considered compulsory social insurance payment
period during which the employees and the employers are not required to pay
social insurance.
In other cases where the maternity
leave period is 14 working days or more in a month, it will be considered
compulsory social insurance payment period during which the employees and the
employers are not required to pay social insurance.
9. The maternity leave period
specified in Clause 1, 4, 5, 6 and 7 of this Article is inclusive of public
holidays and weekends.
Article 54.
Maternity benefits for female employees as surrogate mothers
1. Female employees who are
surrogate mothers may take maternity leave for prenatal checks-up as prescribed
in Article 51 of this Law.
2. Female employees as surrogate
mothers who suffer from miscarriage, abortion, antepartum stillbirth, preterm
stillbirth or ectopic pregnancy are entitled to maternity leave prescribed in
Article 52 of this Law.
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a) Take a maternity leave until the
time of relinquishing the child to the intended mother. The maternity leave
period must not exceed the time limits specified in Clause 1 Article 53 of this
Law.
In case the period from the date of
childbirth to the time of relinquishing the child is shorter than 60 days, the
surrogate mother is stilled entitled to maternity benefits until the 60-day
period elapses, including public holidays and weekends. The time of
relinquishing the child shall be that specified in the certification of the
surrogate mother and the intended parent(s).
In case the child dies before
60-day maternity leave period elapses, the surrogate mother is stilled entitled
to maternity benefits until the 60-day period elapses, including public
holidays and weekends;
b) If the surrogate mother does not
recover within the first 30 days from the expiration of the maternity leave
period prescribed in Clause 2 of this Article and Point a of this Clause, she
will be may take a convalescent leave as prescribed in Article 60 of this Law,
unless she has her employment contract terminated or hands in resignation
before childbirth.
4. When the surrogate mothers gives
birth, her husband may take a parental leave as prescribed in Clause 2 and
Clause 3 Article 53 of this Law, provided he is covered by compulsory social
insurance.
Article 55.
Maternity benefits for female employees as intended mothers
Entitlements of an intended mother
who has paid compulsory social insurance for at least 06 months within 12
months before the child is relinquished by the surrogate mother:
1. Maternity leave from child
relinquishment until the child is 06 months old, and 01 more moth for each
subsequent child in case of multiple births.
In case the intended mother does
not take leave, she will be entitled to maternity benefits in addition to her
salary;
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If the intended mother’s husband or
the direct fosterer who is covered by social insurance but does not take a
leave, in addition to salary, he/she will be entitled to maternity benefits for
the remaining period of the intended mother as specified in Clause 1 of this
Article.
Article 56.
Maternity benefits when adopting children under 06 months old
1. An employee who adopts a child
under 06 months old will be entitled to a maternity leave from the adoption
date until the child is 06 months old.
In case both parents are covered by
social insurance and fully satisfy the requirements for maternity benefits as
specified in Clause 2 Article 50 of this Law, only the father or the mother
only may take the maternity leave.
2. If the employee does not take
leave, he/she will be entitled to a lump-sum allowance as prescribed in Article
58 of this Law.
Article 57.
Leave period when taking contraceptive measures
1. The duration of maternity leave
when taking contraceptive measures shall be decided by physicians at health
facilities and shall not exceed 07 days for female employees using intrauterine
devices and 15 days for employees undergoing sterilization.
2. The maternity leave period
mentioned in Clause 1 of this Article also includes public holidays and
weekends.
Article 58.
Lump-sum allowance upon childbirth, surrogate child relinquishment, or adoption
of children under 06 months old
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Female employees who give birth but
do not fully satisfy the requirements Clause 2, Clause 3 or Clause 5 Article 50
of this Law are entitled to lump-sum allowance for childbirth if their husbands
fully satisfy the requirements specified in Clause 2 Article 50 of this Law..
2. Female employees who are
surrogate mothers and fully satisfy the requirements specified in Clause 2 or
Clause 3 Article 50 of this Law are entitled to lump-sum allowance upon
childbirth.
In case the surrogate mother is not
covered by compulsory social insurance or does not fully satisfy the requirements,
the intended mother will be entitled to lump-sum allowance if she has been
paying compulsory social insurance for at least 06 months within 12 months
before the date of child relinquishment.
In case the surrogate mother is not
covered by compulsory social insurance or does not fully satisfy the
requirements, the intended mother will be entitled to lump-sum allowance if she
has been paying compulsory social insurance for at least 06 months within 12 months
before the date of child relinquishment.
In case the surrogate mother, the
intended mother and the intended mother’s husband are not covered by compulsory
social insurance or do not fully satisfy the requirements, the surrogate
mother’s husband will be entitled to lump-sum allowance if he has been paying
compulsory social insurance for at least 06 months within 12 months before
childbirth by the surrogate mother.
3. Employees who adopt children
under 06 months old and fully satisfy the requirements specified in Clause 2
Article 50 of this Law are entitled to lump-sum allowance.
4. The lump-sum allowance per child
mentioned in Clauses 1, 2 and 3 of this Article shall be 02 times the reference
level of the month in which the child is born, relinquished or adopted.
Article 59.
Maternity benefits
1. The monthly maternity benefits
of employees specified in Articles 51, 52, 53, 54, 55, 56 and 57 of this Law
shall be 100% the average salary on which compulsory social insurance is paid
over the last 06 months before the employees take maternity leave.
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2. The per-diem maternity benefit
in the cases specified in Article 51 and Clause 2 Article 53 of this Law equals
(=) monthly maternity benefit divided by 24 days.
3. The maternity benefits upon
childbirth, surrogate child relinquishment or adoption of children under 06
months old shall be calculated according to Clause 1 of this Article; in case
of an incomplete month of the cases specified in Article 52 and Article 57 of
this Law, the per-diem benefit equals (=) the monthly benefit divided by 30
days.
4. Maternity benefits for female
employees who are surrogate mothers and intended mothers shall be provided in
accordance with Clauses 1, 2 and 3 of this Article and calculated on the
average salary on which compulsory social insurance is paid under this Article
before they take maternity leave.
5. The Minister of Labor, War
Invalid and Social Affairs shall elaborate the calculation of and eligibility
for maternity benefits.
Article 60.
Postpartum convalescent leave
1. If the female employee cannot
recover within 30 days from the end of the maternity leave period specified in
Article 52, Clause 1 or Clause 4 Article 53, Point a Clause 3 Article 54 of
this Law, she may take a convalescent leave.
The convalescent leave period is
inclusive of public holidays and weekends. In case a convalescent leave begins
at the end of one year and ends in the beginning of the next year, its duration
shall be determined for the previous year.
2. The convalescent leave period
mentioned in Clause 1 of this Article shall be decided by the employer and the
Executive Board of the internal trade union. In case of disagreement, the
employer shall decide the convalescent leave duration in consideration of
proposals of the Executive Board of the internal trade union. In case an
internal trade union is not available, the employer shall decide the
convalescent leave duration. Maximum convalescent leave duration:
a) 10 days for female employees who
give birth to twins or more;
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c) 05 days in other cases.
3. The postpartum convalescent
leave benefit for one day shall be 30% of the reference level.
4. Regulations of Clauses 1, 2 and
3 of this Article do not apply if the female employee goes back to work before
expiration of the maternity leave period specified in Clause 1 Article 53 of
this Law.
5. The Minister of Labor, War
Invalid and Social Affairs shall elaborate the determination of and eligibility
for postpartum convalescent leave.
Article 61.
Application for maternity benefits
1. The application for maternity
benefits for a female employee giving birth, female employee giving birth as a
surrogate mother or female employee as intended mother shall be a copy or
extract of the birth certificate or Certificate of Live Birth and other
documents in the following cases:
a) Documents proving the process of
infertility treatment of the female employee in the cases specified in Clause 5
Article 50 of this law;
c) A copy of the death certificate
or extract of the death declaration of the female employee giving birth or the
intended mother if she dies after childbirth;
c) The original or copy of the
health facility’s certification that the birth mother or the intended mother is
not healthy enough to take care of the child after child birth or child
relinquishment;
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dd) A copy of the altruistic
surrogacy arrangement under Article 96 of the Law on Marriage and Family and a
copy of the document certifying the time of child relinquishment between the
surrogate mother and the intended mother in case the surrogate mother gives
birth or relinquishes the child.
2. In case of neonatal death before
the Certificate of Live Birth is issued or the cases specified in Clause 2
Article 52 of this Law (miscarriage, abortion, antepartum stillbirth or preterm
stillbirth from at 22 weeks or later), the application for maternity benefits
for the female employee giving birth, female employee giving birth as a
surrogate mother or the pregnant employee shall be one of the following
documents:
a) The original or copy of the
medical record summary specifying the death of the child or the fetus;
b) The original or copy of the
hospital discharge note of the female employee specifying the death of the
child or the fetus;
c) Copy of the child’s death
certificate;
d) Written confirmation of the
People’s Committee of the commune if the child dies within 24 hours after
birth.
3. The application for maternity
benefits for female employees having prenatal checks-up as prescribed in
Article 51 of this Law; female employees suffering from miscarriage, abortion,
antepartum stillbirth, preterm stillbirth, ectopic pregnancy as prescribed in
Article 52 of this Law; employees taking contraceptive measures as prescribed
in Article 57 of this law shall be one of the following documents:
a) The original or copy of the
hospital discharge note or medical record summary or documents proving the
inpatient treatment in case of inpatient treatment;
b) The certificate of eligibility
for social insurance-covered leave in case of outpatient treatment;
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4. The application for maternity
benefits for an employee who adopts a child under 06 months old shall be copies
of the certificate of adoption and child handover record.
5. The application for maternity
benefits or lump-sum allowance for a male employee whose wife is giving birth
shall be a copy or extract of the birth certificate or Certificate of Live
Birth. If the Certificate of Live Birth does not mention caesarean delivery or
the child is born before 32 weeks, it is mandatory to include the original or
copy of a document specifying this issued by the health facility.
If the child dies after birth
before the Certificate of Live Birth is issued, the application shall be the
original or copy of the medical record summary or hospital discharge note of
the mother specifying the death of the child.
6. The application for lump-sum
allowance for the intended mother’s husband shall include a copy or extract of
the birth certificate or Certificate of Live Birth. If the child dies after
birth before the Certificate of Live Birth is issued, the application shall be
the original or copy of the medical record summary or hospital discharge note
of the surrogate mother or another document issued by the health facility
specifying the death of the child.
7. The application for maternity
leave or lump-sum allowance for the surrogate mother’s husband upon childbirth
shall include the following documents:
a) A copy or extract of the birth
certificate or Certificate of Live Birth. If the Certificate of Live Birth does
not mention caesarean delivery or the child is born before 32 weeks, it is
mandatory to include the original or copy of a document specifying this issued
by the health facility;
b) A copy of the altruistic
surrogacy arrangement under Article 96 of the Law on Marriage and Family.
8. The documents mentioned in
Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article or similar documents that are
issued by foreign competent organizations and persons shall satisfy the
following requirements:
a) There are notarized or
authenticated Vietnamese translations in accordance with regulations of law on
notarization and authentication;
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9. The Minister of Health shall
issue set forms, procedures and authority to issue the documents specified in
Points a, c and d Clause 1 of this Article of medical facilities, and
substitute documents in force majeure events such as natural disasters, calamities,
epidemics.
Article 62.
Provision of maternity benefits for compulsory social insurance participants
1. The employee shall submit the
application specified in Article 61 of this Law to the employer within 45 days
from the expiration of the maternity leave period.
Within 07 working days from the day
on which the satisfactory application is received from the employee, the
employer shall compile a list of employees applying for maternity leave
enclosed with the applications prescribed in Article 61 of this Law and submit
them to the social security authority.
2. In case the employee resigns
before the time of childbirth, child relinquishment or adoption of a child
under 06 months old, or the employer no longer exists, the employee shall
submit the application specified in Article 61 of this Law to the social
security authority.
3. Within 07 working days from the
day on which satisfactory applications are received from the employer, 05
working days from the day on which the satisfactory application is received
from the employee, the social security authority shall decide whether to
provide grant each application. In case of rejection, a written response and
explanation shall be provided.
Article 63.
Provision of postpartum convalescent benefits
1. Within 07 working days from the
day the employee takes the postpartum convalescent leave, the employer shall
compile a list of employees applying for postpartum convalescent leave benefits
and submit it to the social security authority.
2. Within 07 working days from the
day on which the list is received, the social security authority shall decide
whether to grant postpartum convalescent benefits. In case of rejection, a
written response and explanation shall be provided.
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Article 64.
Beneficiaries and eligibility for pension
1. A person will be eligible for
pension if he/she is a social insurance participant specified in Points a, b,
c, g, h, i, k, l, m and n Clause 1 and Clause 2 Article 2 of this Law, has paid
compulsory social insurance for at least 15 years before retirement, and
satisfies one of the following requirements:
a) He/she has reached the
retirement age prescribed by Clause 2 Article 169 of the Labor Code;
b) He/she has reached the
retirement age prescribed by Clause 3 Article 169 of the Labor Code and has
paid compulsory social insurance for at least 15 years while doing heavy,
hazardous or dangerous jobs extremely heavy, hazardous or dangerous jobs on the
list issued by the Minister of Labor, War Invalids and Social Affairs, 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 1st
2021;
c) He/she is younger than the age
prescribed in Clause 2 Article 169 of the Labor Code by up to 10 years and has
spent at least 15 years working in coal mines according to regulations of the
Government;
d) He/she is infected with HIV/AIDS
during performance of his/her duties.
2. A person will be eligible for
pension if he/she is a social insurance participant specified in Points d, dd
and e Clause 1 Article 2 of this Law, has paid compulsory social insurance for
at least 15 years before retirement, and satisfies one of the following
requirements:
a) He/she is younger than the age
prescribed in Clause 2 Article 169 of the Labor Code by at least 05 years,
unless otherwise prescribed by the Law on Officers of the Vietnam People’s
Army, the Law on People’s Public Security, the Law on Cipher, the Law on
Professional Servicemen and Women, National Defense Workers and Officials;
b) He/she is younger than the age
prescribed by Clause 2 Article 169 of the Labor Code by at least 10 years and
has paid compulsory social insurance for at least 15 years while doing heavy,
hazardous or dangerous jobs extremely heavy, hazardous or dangerous jobs on the
list issued by the Minister of Labor, War Invalids and Social Affairs, 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 1st
2021;
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3. The Government shall specify
pensions for people whose dates of birth cannot be determined, whose dossiers
are lost, and in other cases.
Article 65.
Beneficiaries and eligibility for pension upon working capacity reduction
1. A person will be eligible for a
lower pension than that for people who satisfy the conditions specified in
Points a, b and Clause 1 Article 64 of this law if he/she is a social insurance
participant specified in Points a, b, c, g, h, i, k, l, m and n Clause 1 and
Clause 2 Article 2 of this Law, has paid compulsory social insurance for at
least 20 years before retirement, and satisfies one of the following
requirements:
a) He/she is younger than the age
prescribed in Point a Clause 1 Article 64 of this Law by up to 05 years and has
work capacity reduction of 61% to under 81%;
b) He/she is younger than the age
prescribed in Point a Clause 1 Article 64 of this Law by up to 10 years and has
work capacity reduction of at least 81%;
c) He/she has spent at least 15
years doing heavy, hazardous or dangerous jobs extremely heavy, hazardous or
dangerous jobs on the list issued by the Minister of Labor, War Invalids and
Social Affairs and has work capacity reduction of at least 61%.
2. A person will be eligible for a
lower pension than that for people who satisfy the conditions specified in
Points a and b and Clause 1 Article 64 of this law if he/she is a social
insurance participant specified in Points d, dd and e Clause 1 Article 2 of
this Law, has paid compulsory social insurance for at least 20 years before
retirement, has work capacity reduction of at least 61%, and satisfies one of
the following requirements:
a) He/she is younger than the age
specified in Point a Clause 1 Article 64 of this Law by up to 10 years;
b) He/she has spent at least 15
years doing heavy, hazardous or dangerous jobs extremely heavy, hazardous or
dangerous jobs on the list issued by the Minister of Labor, War Invalids and Social
Affairs.
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1. Monthly pensions for people who
fully satisfy the conditions specified in Article 64 of this Law:
a) For female employees: 45% of the
average salary on which social insurance premiums are paid under Article 72 of
this Law for 15 years of social insurance payment, plus (+) 2% for each
additional year of social insurance payment, but must not exceed 75%.
b) For male employees: 45% of the
average salary on which social insurance premiums are paid under Article 72 of
this Law for 20 years of social insurance payment, plus (+) 2% for each
additional year of social insurance payment, but must not exceed 75%.
For male employees who have paid
social insurance for 15 years to under 20 years: 40% of the average salary on
which social insurance premiums are paid under Article 72 of this Law for 15
years of social insurance payment, plus (+) 1% for each additional year of
social insurance payment.
2. Monthly pensions of people doing
special works in the people’s armed forces shall be prescribed by the
Government and funded by state budget.
3. Monthly pensions of people who
fully satisfy the conditions specified in Article 65 of this Law shall be
calculated according to Clause 1 of this Article, and reduced by 2% for each year
of early retirement.
In case an employee retires less
than 06 months before the statutory retirement age, then pension will not be
reduced. In case an employee retires from 06 months to less than 12 months
before the statutory retirement age, pension will be reduced by 1%.
4. Monthly pensions of eligible
employees who have paid social insurance for 15 years under international
treaties to which the Socialist Republic of Vietnam is a signatory shall be
2,25% of the average salary on which social insurance premiums are paid under
Article 72 of this Law for each year of payment.
5. The Government shall specify the
rates and eligibility for pensions.
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1. Pensions shall be adjusted
according to the increase in consumer price index, capacity of state budget and
the social insurance fund.
2. Adjustments to pensions must be
reasonable for people receiving low pensions and retire before 1995, gradually
reduce the gap of pensions of people in different periods.
3. The Government shall specify the
time, subjects and levels of adjustments of pension mentioned in this Article.
Article 68.
Lump-sum allowance upon retirement
1. In addition to pensions, male employees
whose social insurance payment period is more than 35 years and female
employees whose social insurance payment period is more than 30 years are
entitled a lump-sum allowance upon retirement.
2. The lump-sum allowance for each
extra year of social insurance payment mentioned in Clause 1 of this Article
shall be 50% of the average salary on which social insurance premiums are paid
under Article 72 of this Law until the employee reaches the statutory
retirement age.
In case the employee who is eligible
for pensions according to Article 64 and Article 65 of this Law continues
paying social insurance, the allowance shall be 02 times the average salary on
which social insurance premiums are paid under Article 72 of this law 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 69.
Time of pension eligibility
1. The time of pension eligibility
of the people specified in Points a, b, c, d, dd, e, i, k and l Clause 1 and
Clause 2 Article 2 of this Law who are covered by compulsory social insurance
shall be the time of fulfillment of the conditions for receiving pension and
written in the employer’s document certifying the termination of the employment
or employment contract.
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3. The Minister of Labor, Invalids
and Social Affairs shall elaborate this Article; specify the time of pension
eligibility in the cases specified in Clause 7 Article 33 of this law, the
calculation and eligibility for retirement benefits on a case-by-case basis.
Article 70.
Lump-sum social insurance allowance
1. If a person specified in Clause
1 Article 2 of this law has stopped participating in social insurance, 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 reaches the retirement
age but has paid social insurance for less than 15 years.
The employee may choose between
receiving lump-sum social insurance allowance or monthly allowances under
Article 23 of this Law;
b) He/see emigrates from Vietnam to
a foreign country;
c) He/she has one of the following
diseases: cancer, polio, decompensated cirrhosis, severe tuberculosis, AIDS;
d) He/she has ≥ 81% work capacity reduction;
or severe disability;
dd) Before the effective date of
this Law, he/she has paid social insurance for less than 20 years and does not
participate in voluntary social insurance after 12 months since the day he/she
is no longer covered by compulsory social insurance.
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2. If a person specified in Clause
2 Article 2 of this law has stopped participating in social insurance, 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 reaches the retirement
age but has paid social insurance for less than 15 years;
b) He/she has one of the following
diseases: cancer, polio, decompensated cirrhosis, severe tuberculosis, AIDS;
c) He/she has ≥ 81% work capacity
reduction, or severe disability;
d) He/she is eligible for pension
as per regulations but no longer resides in Vietnam;
dd) His/her employment contract is
terminated; or his/her work permit, practicing certificate, practicing license
is expired and not renewed.
3. The lump-sum social insurance
allowance shall be calculated according to the number of years of payment and
the salary on which social insurance premiums are paid, excluding the state
subsidies on voluntary social insurance. The lump-sum social insurance allowance
for each year shall be:
a) Before 2014: 1,5 times the
average monthly salary on which social insurance premiums are paid.
If social insurance is paid both
before and after 2014 and there is an incomplete year before 2014, it will be
aggregated with the social insurance payment period from 2014 onwards to
calculate lump-sum social insurance allowance;
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c) If the social insurance payment
period is shorter than one year, the lump-sum social insurance allowance shall
be equal to the paid amount but not exceeding 02 times the average monthly
salary on which social insurance premiums are paid.
4. In the cases specified in Point
c and Point d Clause 1 of this Article, the lump-sum social insurance allowance
shall be calculated according to the number of years of payment and the salary
on which social insurance premiums are paid, including the state subsidies on
voluntary social insurance. The lump-sum social insurance allowance for each
year shall calculated in accordance with Points a, b and c Clause 3 of this
Article.
5. The time of calculation of
lump-sum social insurance allowance shall be the date of issuance of the social
security authority’s decision on provision of lump-sum social insurance
allowance.
6. Employees specified in Points b,
c and d Clause 1 and Points b, c and dd Clause 2 of this Article may choose
between receiving monthly pensions or lump-sum social insurance allowance if
they are eligible for both pensions and lump-sum social insurance allowance.
7. The Government shall elaborate
this Article.
Article 71.
Reservation of social insurance payment period
Employees who have retired but are
not eligible for pension specified in Article 64 or 65 of this Law or have not
received the lump-sum social insurance allowance under Article 70 of this Law,
or have not received monthly allowances under Article 23 of this Law are
entitled to have their social insurance payment period reserved.
Article 72.
Average monthly salary on which social insurance premiums are paid for
calculation of pension and lump-sum allowance
1. Regarding employees who receive
State-regulated salaries and pay social insurance entirely on such salaries,
the average salary on which social insurance premiums are paid for the years of
social insurance payment before retirement shall be:
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b) The average monthly salary on
which social insurance premiums is paid of the last 06 years prior to
retirement if social insurance participation begins during the period from
January 1st 1995 to December 31st 2000;
c) The average monthly salary on
which social insurance premiums is paid of the last 08 years prior to
retirement if social insurance participation begins during the period from
January 1st 2001 to December 31st 2006;
d) The average monthly salary on
which social insurance premiums is paid of the last 10 years prior to
retirement if social insurance participation begins during the period from
January 1st 2007 to December 31st 2015;
dd) The average monthly salary on
which social insurance premiums is paid of the last 15 years prior to
retirement if social insurance participation begins during the period from
January 1st 2016 to December 31st 2019;
e) The average monthly salary on
which social insurance premiums is paid of the last 20 years prior to
retirement if social insurance participation begins during the period from
January 1st 2020 to December 31st 2024;
g) The average monthly salary on
which social insurance premiums is paid of entire social insurance payment
period if social insurance participation begins from January 1st
2025 onwards.
2. Regarding employees who receive
employer-decided salaries and pay social insurance entirely on such salaries,
the average salary on which social insurance premiums are paid over the entire
social insurance payment period shall be used.
3. In case an employee pays social
insurance on both State-regulated salary and employer-decided salary in
different periods, the average salary on which social insurance premiums are
paid over both social insurance payment periods shall be used, where the
average State-regulated salary shall be calculated in accordance with Clause 1
of this Article.
4. The Government shall elaborate
this Article and specify the average salary on which social insurance premiums
are paid of employees receiving State-regulated salaries in special cases.
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1. The salaries on which compulsory
social insurance is paid as the basis for calculation of the average salary
prescribed in Article 72 of this Law of employees receiving State-regulated
salaries shall be adjusted as follows:
a) Salaries of employees who
started to participate in social insurance before January 1st 2016
shall be adjusted according to the reference level at the time of enjoyment of
retirement benefits.
b) Salaries of employees who
started to participate in social insurance from January 1st 2016
onwards shall be adjusted in accordance with Clause 2 of this Article.
2. The salaries on which compulsory
social insurance is paid for calculation of average salaries prescribed in
Article 72 of this Law of employees receiving employer-decided salaries shall
be adjusted on the basis of the consumer price index of each period according
to regulations of the Government.
Article 74.
Implementation of social insurance when applying position-, title-, rank-based
salaries instead of the existing current payroll system
In case the State pays position-,
title-, rank-based salaries instead of the existing current payroll system, the
Government shall request the National Assembly to consider adjusting the
salaries on which compulsory social insurance is paid, method for calculation
of salaries as the basis for calculation of pensions social insurance benefits,
adjustment of salaries on which compulsory social insurance is paid, and other
necessary contents.
Article 75.
Suspension, termination, resumption of enjoyment of monthly social insurance
allowances and pensions
1. Provision of monthly social
insurance allowances or pensions shall be suspended in one of the following
cases:
a) The beneficiary illegally leaves
Vietnam;
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c) The beneficiary’s information
cannot be verified according to Point c Clause 2 Article 11 of this Law.
2. Provision of pensions or monthly
social insurance allowances shall be terminated in one of the following cases:
a) The beneficiary dies or declared
dead by the court;
b) The beneficiary submits a
written renunciation of monthly social insurance allowances or pensions;
c) A competent authority concludes
that social insurance benefits are being provided against the law.
3. Provision of monthly social
insurance allowances and pensions of the people specified in Clause 1 and Point
a Clause 2 of this Article, including unreceived amounts of previous months,
shall be resumed in the following cases:
a) The person who illegally left
Vietnam returns to Vietnam;
b) The court issues a decision to
revoke the missing person or death declaration;
c) The beneficiary’s information
mentioned in to Point c Clause 1 of this Article can be verified in accordance
with Point c Clause 2 Article 11 of this Law.
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5. If a person has unreceived
monthly social insurance allowances or pension before death, his/her family
will be entitled to those amounts.
6. In case provision of monthly
social insurance allowances or pensions is suspended after the court declares a
person missing and the court subsequently declares that person dead, his/her
family will not receive the monthly social insurance allowances or pensions for
the suspension period.
7. The Government shall specify the
cases of suspension, termination, resumption of enjoyment of monthly social
insurance allowances and pensions.
Article 76.
Lump-sum allowances upon emigration of beneficiaries of monthly social
insurance allowances and pensions
1. Beneficiaries of pension or
monthly social insurance allowances may apply for lump-sum allowances when they
emigrate to foreign countries.
2. The lump-sum allowance for
pensioners shall be calculated according to their social insurance payment period.
To be specific: 1,5 times the current monthly pension for each year of social
insurance payment before 2014; 02 times the current monthly pension for each
year of social insurance payment from 2014 onwards; 0,5 time the current
monthly pension shall be deducted from the lump-sum allowance for each month’s
pension received. The lowest lump-sum allowance shall be 03 times the current
monthly pension.
3. The lump-sum allowance for a
person receiving monthly social insurance allowances shall be 03 times the
current monthly benefits.
4. The application for lump-sum
allowance shall include the written request for lump-sum allowance and a copy
of the competent authority’s certification of Vietnamese nationality
renouncement or notarized or authenticated Vietnamese translation of one of the
documents specified in Points a, b, c, and d Clause 2 Article 78 of this Law.
5. Within 07 working days from the
day on which the satisfactory application is received, the social security
authority shall decide whether to grant the application. In case of rejection,
a written response and explanation shall be provided.
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1. An application for pension of a
person covered by compulsory social insurance shall include:
a) The social insurance book;
b) The original or copy of the
document indicating the termination of the employment or employment contract,
or the written request of the person specified in Point g, h, m and n Clause 1
Article 2 of this Law.
2. An application for pension of a
person whose compulsory social insurance payment period is reserved shall
include:
a) The social insurance book;
b) The applicant’s written request.
3. In the cases specified in
Article 65 of this Law, in addition to the documents specified in Clause 1 of
this Article, the application must also include the work capacity reduction
assessment record issued by the Medical Examination Council or a copy of the
confirmation of severe disability issued by Medical Examination Council, which
must specify the percentage of work capacity reduction
4. In the cases
specified in Point d Clause 1 and Point c Clause 2 Article 64 of this Law, in
addition to the documents specified in Clause 1 of this Article, the
application must also include the certification of HIV infection due to
occupational exposure.
Article 78.
Application for lump-sum social insurance allowance
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a) The social insurance book;
b) The employee’s application form
for lump-sum social insurance allowance.
2. In the cases specified in Point
b Clause 1 Article 70 of this Law, in addition to the documents specified in
Clause 1 of this Article, the application must also include a copy of the
competent authority’s certification of Vietnamese nationality renouncement or
notarized or authenticated Vietnamese translation of one of the following
documents:
a) The passport issued by a foreign
country;
b) The Visa issued by a competent
authority of the foreign country certifying such country’s permission for
immigration;
c) The long-term residence card
issued by a competent authority of the foreign country;
d) Other documents indicating the
permanent residence in the foreign country according to regulations of the
Government.
3. In the cases specified in Point
c Clause 1 and Point b Clause 2 Article 70 of this Law, in addition to the
documents specified in Clause 1 of this Article, the application must also
include a copy of the medical record summary or hospital discharge note.
4. In the cases specified in Point
d Clause 1 and Point c Clause 2 Article 70 of this Law, in addition to the
documents specified in Clause 1 of this Article, the application must also
include the work capacity reduction assessment record issued by the Medical
Examination Council or a copy of the confirmation of severe disability.
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1. Within 20 days before the
employee is eligible for pension, the employer shall submit the application
specified in Article 77 of this Law to social security authority.
Within 20 days before the date of
eligibility for pension, the person whose social insurance payment period is
being reserved shall submit the application specified in Article 77 of this Law
to social security authority.
2. When eligible for lump-sum
social insurance allowance, the employee shall submit the application specified
in Article 78 of this Law to the social security authority.
3. Within 20 days, excluding public
holidays and weekends, from the day on which the satisfactory application for
pension is received, 07 working days from the day on which the application for
lump-sum social insurance allowance is received, the social security authority
shall decide whether to grant the application. In case of rejection, a written
response and explanation must be provided.
Article 80.
Application for resumption of pension or monthly social insurance allowance in
case of suspension or termination
The application for resumption of
pension or monthly social insurance allowance in the cases specified in Point a
and Point b Clause 3 and Clause 4 Article 75 of this Law shall include a
written request for resumption of pension or monthly social insurance allowance
and other documents on a case-by-case basis as follows:
1. A document issued by a competent
authority about the applicant's repatriation in the cases specified in Point a
Clause 3 Article 75 of this Law;
2. The court’s decision to revoke
the missing person or death declaration in the cases specified in Point b
Clause 3 Article 75 of this Law.
Article 81.
Processing applications for resumption of pension or monthly social insurance
allowance in case of suspension or termination
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2. Within 10 working days from the
day on which the satisfactory application is received, the social security
authority shall decide whether to grant the application. In case of rejection,
a written response and explanation shall be provided.
Article 82.
Change of method and location for receipt of pension and monthly social insurance
allowance
1. A person who is receiving
pension and monthly social insurance allowance and wishes to change the
receiving method or location due to change of his/her residence within Vietnam
may send a document to the paying social security authority..
2. Within 05 working days from the
day on which the document mentioned in Clause 1 of this Article is received,
the social security authority shall decide whether to approve the change. In
case of rejection, a written response and explanation must be provided.
Article 83.
Documentation and procedures for assessment of work capacity reduction serving
provision of social insurance benefits
1. The Minister of Health shall
specify the documentation and procedures for assessment of work capacity
reduction serving provision of social insurance benefits.
2. The assessment of work capacity
reduction must be accurate and transparent. The Medical Assessment Council
shall take responsibility for the accuracy of the assessment results.
Section 4.
SURVIVORSHIP ALLOWANCE
Article 84.
Beneficiaries of survivorship allowance
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Article 85.
Funeral allowance
1. When the following persons die,
the organization or individual in charge of their funeral are entitled to a
lump-sum funeral allowance:
a) The people specified in Clause 1
and Clause 2 Article 2 of this Law who have paid compulsory social insurance
for at least 12 months;
b) People who die of occupational
accidents and occupational disease according to regulations of law on
occupational hygiene and safety;
c) Retired people who are receiving
or being suspended from receiving pensions; people who are receiving or being
suspended from monthly occupational accident or occupational disease allowance.
2. The funeral allowance shall be
equal to 10 times the reference level of the month in which the person
mentioned in Clause 1 of this Article dies.
3. In case a person mentioned in
Points a, b and c Clause 1 of this Article is declared dead by the court,
his/her family shall receive the funeral allowance prescribed in Clause 2 of
this Article.
Article 86.
Eligibility for monthly survivorship allowance
1. When a social insurance
participant mentioned in Clause 1 Article 2 of this Law dies or declared dead
by the court in one of the following cases, his/her family as prescribed in
Clause 2 of this Article shall be eligible for monthly survivorship allowance.
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b) The social insurance participant
is receiving pension or being suspended from receiving pension;
c) The social insurance participant
dies of an occupational accident or occupational disease according to
regulations of law on occupational hygiene and safety;
d) The social insurance participant
is receiving or being suspended from receiving monthly occupational accident or
occupational disease allowance with at least 61% work capacity reduction.
2. Monthly survivorship allowance
shall be provided for the following family members of the social insurance
participant mentioned in Clause 1 of this Article 2:
a) Children including those whose
father died during the mother’s pregnancy, children whose father or intended
mother died during the surrogate mother’s pregnancy, in which case they will
receive monthly survivorship allowance until they are 18 years old;
b) Children with at least 81% work
capacity reduction;
c) The social insurance
participant’s spouse who has reached the age specified in Clause 2 Article 169
of the Labor Code. The social insurance participant’s spouse who has not
reached the age specified in Clause 2 Article 169 of the Labor Code but has at
least 81% work capacity reduction;
d) Natural parents of the social
insurance participant’s, natural parents of the social insurance participant’s
spouse; other family members who have reached the age specified in Clause 2
Article 169 of the Labor Code who are dependants of the social insurance
participant under regulations of law on family and marriage;
d) Natural parents of the social
insurance participant’s, natural parents of the social insurance participant’s
spouse; other family members who have not reached the age specified in Clause 2
Article 169 of the Labor Code, are suffering from at least 81% work capacity
reduction, and are dependants of the social insurance participant under
regulations of law on family and marriage.
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4. The work capacity reduction
assessment result as the basis for provision of monthly survivorship allowance
shall be given within 06 months from the death of the social insurance
participant or the expiration of the allowance period for his/her family
mentioned in Point a Clause 2 of this Article.
5. The Minister of Labor, War
Invalid and Social Affairs shall elaborate the calculation of and eligibility
for survivorship allowance on a case-by-case basis.
Article 87.
Levels of monthly survivorship allowance
1. The monthly survivorship
allowance for each family member shall be 50% of the reference level; 70% of
the reference level if the family member is self-reliant.
The Minister of Labor, Invalids,
and Social Affairs shall specify the identification of self-reliant family
members.
2. When a person is dead or declared
dead by the court according to Clause 1 Article 86 of this Law the number of
family members entitled to monthly survivorship allowance must not exceed 04.
In case 02 or more people are dead or dead by the court, their family members
shall be entitled to 02 times the allowance specified in Clause 1 of this
Article.
3. The monthly survivorship
allowance period begins on the first day of the month succeeding the month the
person defined in Clause 1 Article 86 of this Law dies or is declared dead by
the court. In case a child is born after the father, the husband of the
intended mother or the intended mother dies, the monthly survivorship allowance
period shall begin from the month in which the child is born.
Article 88.
Cases of eligibility for lump-sum survivorship allowance
1. When the following people die or
are declared death by the court, their family may apply for lump-sum
survivorship allowance:
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b) Retired people who are receiving
or being suspended from receiving pensions; people who are receiving or being
suspended from monthly occupational accident or occupational disease allowance.
2. When a person specified in
Clauses 1 of this Article dies, his/her family will be entitled to a lump-sum
survivorship allowance in the following cases
a) The conditions specified in
Point a Clause 1 Article 86 of this Law are not fully satisfied;
b) It is one of the cases specified
in Clause 1 Article 86 of this Law but there is no family member receiving
monthly survivorship allowance according to Clause 2 Article 86 of this Law;
c) The family member who is
eligible for monthly survivorship allowance according to Clause 2 Article 86 of
this Law wishes to receive a lump-sum survivorship allowance;
d) If there is no family member
according to Clause 7 Article 3 of this Law, lump-sum survivorship allowance
shall be provided in accordance with inheritance laws.
Article 89.
Levels of lump-sum survivorship allowance
1. The lump-sum survivorship
allowance for family of the people specified in Point a Clause 1 Article 88 of
this Law equals (=) the survivorship allowance for each year of social
insurance payment multiplied by (x) the number of years over which social
insurance is paid but not smaller than 03 times the average monthly salary on
which social insurance premiums are paid, which shall be calculated according
to Article 72 of this Law by the time payment is stopped. The survivorship
allowance for each year of social insurance payment shall be:
a) 1,5 times the average monthly
salary on which social insurance premiums are paid for the years of social
insurance payment before 2014.
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b) 02 times the average monthly
salary on which social insurance premiums are paid for the years of social
insurance payment from 2014 onwards.
2. The lump-sum survivorship
allowance for family of a person who dies while receiving pension or while
being suspended from receiving pension shall be calculated according to that
person’s period of pension enjoyment and the following regulations:
a) If the person dies within the
first 02 months, the lump-sum survivorship allowance shall be 48 times the
current monthly pension;
b) If the person dies after the
first 02 months, the allowance shall be reduced by 0,5 time the monthly pension
for subsequent month but shall not be smaller than 03 times the current monthly
pension.
3. The lump-sum survivorship
allowance for the family of a retired person receiving monthly occupational
accident or occupational disease allowance and has received the lump-sum social
insurance allowance before he/she dies shall be 03 times the current monthly
occupational accident or occupational disease allowance.
4. The reference level for
calculation of lump-sum survivorship allowance shall be the reference level of
the month in which the person mentioned in Point a Clause 1 Article 88 of this
Law dies.
5. The Government shall elaborate
regulations on provision of lump-sum survivorship allowance for people
receiving monthly occupational accident or occupational disease allowance but
still working or have had social insurance payment period reserved, and people
receiving both monthly occupational accident or occupational disease allowance
and pensions.
Article 90.
Application for survivorship allowance
1. An application for provision of
survivorship allowance for a family member of a person who was participating in
social insurance or having social insurance payment period preserved shall
include:
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b) A copy of the death certificate,
extract of the death declaration or copy of the death notification or copy of
the court’s declaration of death.
c) The family member’s declaration
form;
d) The original or copy of the
occupational accident investigation record in case of death by occupational
accidents; copy of the occupational disease treatment record in case of death
by a occupational disease.
dd) The work capacity reduction
assessment record issued by the Medical Examination Council or a copy of the
certification of severe disability with the verdict of the Medical Examination
Council specifying that the family member has at least 81% work capacity
reduction.
2. An application
for provision of survivorship allowance for a family member of a retired person
who was receiving or being suspended from receiving pension or monthly
occupational accident/occupational disease allowance shall include:
a) A copy of the death certificate,
extract of the death declaration or copy of the death notification or copy of
the court’s declaration of death;
b) The family member’s declaration
form;
c) The work capacity reduction
assessment record issued by the Medical Examination Council or copy of the
certification of severe disability with the verdict of the Medical Examination
Council specifying that the family member has at least 81% work capacity
reduction.
3. An application for funeral
allowance (if only funeral allowance is applicable) shall include:
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b) A copy of the death certificate,
extract of the death declaration or copy of the death notification or copy of
the court’s declaration of death.
c) A declaration form completed by
the organization/individual in charge of the funeral.
4. The Government shall promulgate
regulations on provision of survivorship allowance for foreigners.
Article 91.
Provision of survivorship allowance
1. Within 90 days after the death
of a person having his/her social insurance payment period reserved, a person
who is receiving or being suspended from receiving pension, monthly
occupational accident or occupational disease allowance, his/her family or the
organization/individual in charge of his/her funeral shall submit the
application specified in Article 90 of this Law to the social security
authority.
2. Within 90 days after the death
of a person who was participating in compulsory social insurance, his/her
family or the organization/individual in charge of his/her funeral shall submit
the application specified in Article 90 of this Law to his/her employer.
Within 30 days after receiving the
satisfactory application from the employee’s family, the employer shall submit
it to the social security authority.
3. Within 10 working days from the
day on which the satisfactory application is received, the social security
authority shall decide whether to grant the application. In case of rejection,
a written response and explanation shall be provided.
Article 92.
Delayed provision of compulsory social insurance benefits
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2. In case of the late submission
of applications or delayed provision of compulsory social insurance benefits
causes damage to lawful rights and interests of the beneficiary, recompense
shall be provided in accordance with law, unless it is the fault of the
beneficiary.
Article 93.
Method of payment of pensions and social insurance benefits
1. Through accounts
of beneficiaries opened at commercial banks and foreign bank branches
established in Vietnam.
2. Directly from
social security authorities or service providers authorized by social security
authorities.
3. Through
employers.
Chapter VI
VOLUNTARY SOCIAL INSURANCE
Section 1.
MATERNITY BENEFITS
Article 94.
Beneficiaries and eligibility for maternity benefits
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a) Female employees giving birth;
b) Male employees whose wives give
birth.
2. In case only the mother is
covered by compulsory social insurance and dies after childbirth, the father or
the direct fosterer will is entitled to maternity benefits.
3. In case both parents are covered
by social insurance and fully satisfy the requirements for maternity benefits
as specified in Clause 1 of this Article, only the father or the mother is
entitled to maternity benefits.
4. In case a person mentioned in
Clause 1 of this Article is eligible for maternity benefits covered by both
voluntary social insurance and compulsory social insurance, he/she is only
entitled to the maternity benefits covered by compulsory social insurance.
5. In case the mother is eligible
for maternity benefits covered by compulsory social insurance and the father is
eligible for maternity benefits covered by voluntary social insurance, the
mother will be entitled to maternity benefits covered by compulsory social
insurance and the father will be entitled to maternity benefits covered by
voluntary social insurance.
6. In case the father is eligible
for maternity benefits covered by compulsory social insurance and the mother is
eligible for maternity benefits covered by voluntary social insurance, the
father will be entitled to maternity benefits covered by compulsory social
insurance and the mother will be entitled to maternity benefits covered by
voluntary social insurance.
Article 95.
Maternity benefits
1. The maternity benefit shall be
2.000.000 VND for each child being born and each case of antepartum stillbirth
or preterm stillbirth at 22 weeks or more.
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2. State budget shall provide
funding for implementation of Clause 1 of this Article. The Government shall
decide adjustments to maternity benefits according to socio-economic
developments and capacity of state budget in each period.
Article 96.
Application for maternity benefits
The application for maternity
benefits shall be one of the following documents:
1. Copy or extract of the birth
registration certificate, or copy of the Certificate of Live Birth of the
child;
2. In case of antepartum
stillbirth, preterm stillbirth or neonatal death before the Certificate of Live
Birth is used, the application shall be one of the following documents:
a) The original or copy of the
medical record summary specifying the death of the child;
b) The original or copy of the
female employee’s hospital discharge note specifying the death of the child;
c) Copy of the child’s death
certificate;
d) Written confirmation of the
People’s Committee of the commune if the child dies within 24 hours after
birth.
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1. Within 60 days from the date of
childbirth, the employee shall submit the application specified in Article 96
of this law to the social security authority.
2. Within 05 working days from the
day on which the satisfactory application is received, the social security
authority shall decide whether to grant the application. In case of rejection,
a written response and explanation shall be provided.
Section 2.
RETIREMENT BENEFITS
Article 98.
Beneficiaries and eligibility for pension
People covered by voluntary social
insurance will receive pensions when they reach the retirement age specified in
Clause 2 Article 169 of the Labor Code and have paid social insurance for at
least 15 years.
Article 99.
Monthly pensions
1. Monthly pensions for people who
fully satisfy the conditions specified in Article 98 of this Law:
a) For female employees: 45% of the
average income on which social insurance premiums are paid under Article 104 of
this Law for 15 years of social insurance payment, plus (+) 2% for each
additional year of social insurance payment, but must not exceed 75%;
b) For male employees: 45% of the
average income on which social insurance premiums are paid under Article 104 of
this Law for 20 years of social insurance payment, plus (+) 2% for each
additional year of social insurance payment, but must not exceed 75%.
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2. The adjustment of pensions must
comply with Article 67 of this Law.
3. Monthly pensions of eligible
employees who have paid social insurance for 15 years under international
treaties to which the Socialist Republic of Vietnam is a signatory shall be
2,25% of the average income on which social insurance premiums are paid under
Article 104 of this Law for each year of payment.
Article 100.
Lump-sum allowance upon retirement
1. In addition to pensions, male
employees whose social insurance payment period is more than 35 years and
female employees whose social insurance payment period is more than 30 years
are entitled a lump-sum allowance upon retirement.
2. The lump-sum allowance for each
extra year of social insurance payment mentioned in Clause 1 of this Article
shall be 50% of the average income on which social insurance premiums are paid
under Article 104 of this Law until the employee reaches the statutory
retirement age.
In case the employee who is
eligible for pensions according to Article 98 of this Law continues paying
social insurance, the allowance shall be 02 times the average income on which
social insurance premiums are paid under Article 104 of this law 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 101.
Time of pension eligibility
1. The time of pension eligibility
of the people specified in Article 98 of this Law shall be the first day of the
month succeeding the month in which the conditions for pension are fully
satisfied according to Article 98 of this Law.
2. In case the social insurance
participant continues paying voluntary social insurance after having fulfilled
the conditions for pension, the time of pension eligibility shall be the first
day of the month succeeding the month in which social insurance payment is
stopped and pension is claimed.
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4. The Minister of Labor, War
Invalid and Social Affairs shall elaborate this Article; specify the
calculation and determination of eligibility for retirement benefits on a
case-by-case basis.
Article 102.
Lump-sum social insurance allowance
1. A voluntary social insurance
participant specified in Clause 4 Article 2 of this Law may claim lump-sum
social insurance allowance in one of the following cases:
a) He/she has reached the
retirement age specified in Clause 2 Article 169 of the Labor Code, has paid
social insurance for less than 15 years and does not wish to continue social
insurance participation.
The employee may choose between
receiving lump-sum social insurance allowance or monthly allowances under
Article 23 of this Law;
b) He/see emigrates from Vietnam to
a foreign country;
c) He/she has one of the following
diseases: cancer, polio, decompensated cirrhosis, severe tuberculosis, AIDS;
d) He/she has ≥ 81% work capacity
reduction, or severe disability;
dd) Before the effective date of
this Law, he/she has paid social insurance for less than 20 years and does not
continue paying social insurance after 12 months.
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a) Before 2014: 1,5 times the
average monthly income on which social insurance premiums are paid.
If social insurance is paid both
before and after 2014 and there is an incomplete year before 2014, it will be
aggregated with the social insurance payment period from 2014 onwards to
calculate lump-sum social insurance allowance;
b) From 2014 onwards: 02 times the
average monthly income on which social insurance premiums are paid.
c) If the social insurance payment
period is shorter than one year, the lump-sum social insurance allowance shall
be equal to the paid amount but not exceeding 02 times the average monthly
income on which social insurance premiums are paid.
3. The lump-sum social insurance
allowance for the subjects eligible for the State’s support under Clause 2 of
this Article is exclusive of the state subsidies on voluntary social insurance,
except for the cases specified in Point c and Point d Clause 1 of this Article.
4. The time for provision of
lump-sum social insurance allowance shall be written on the decision issued by
the social security authority.
5. Employees specified in Points b,
c and d Clause 1 of this Article may choose between receiving pensions or
lump-sum social insurance allowance if they are eligible for both pensions and
lump-sum social insurance allowance.
6. The Government shall elaborate
this Article.
Article 103.
Reservation of social insurance payment period
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Article 104.
Average monthly income on which voluntary social insurance is paid
1. Average monthly income on which
voluntary social insurance is paid is the average value of the incomes on which
social insurance premiums are paid over the entire payment period.
2. Monthly incomes used for
calculating the average monthly income on which social insurance premiums are
paid shall be adjusted according to the consumer price index in each period
under the Government’s regulations.
Article 105.
Application for pensions of people covered by voluntary social insurance
An application for pension of a
person covered by voluntary social insurance shall include the social insurance
book and the written request for pension.
Article 106.
Application for lump-sum social insurance allowance
1. An application for lump-sum
social insurance allowance shall include:
a) The social insurance book;
b) The employee’s application form
for lump-sum social insurance allowance.
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a) The passport issued by a foreign
country;
b) The Visa issued by a competent
foreign agency certifying such country’s permission for immigration;
c) The long-term residence card
issued by a competent authority of the foreign country;
d) Other documents indicating the
permanent residence in the foreign country according to regulations of the
Government.
3. In the cases specified in Point
c Clause 1 Article 102 of this Law, in addition to the documents specified in
Clause 1 of this Article, the application must also include a copy of the
medical record summary or hospital discharge note.
4. In the cases specified in Point
d Clause 1 Article 102 of this Law, in addition to the documents specified in
Clause 1 of this Article, the application must also include the work capacity
reduction assessment record issued by the Medical Examination Council or a copy
of the confirmation of severe disability.
Article 107.
Provision of pension and lump-sum social insurance allowance of people whose
social insurance payment period is reserved and voluntary social insurance
participants
1. Within 20 days before the date
of eligibility for pension, the person whose social insurance payment period is
being reserved or the voluntary social insurance participant shall submit the
application specified in Article 105 of this Law to social security authority.
2. When eligible for lump-sum
social insurance allowance, the employee may submit the application specified
in Article 106 of this Law to the social security authority.
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3. Within 20 days, excluding public
holidays and weekends, from the day on which the satisfactory application for
pension is received, 07 working days from the day on which the application for
lump-sum social insurance allowance is received, the social security authority
shall decide whether to grant the application. In case of rejection, a written
response and explanation must be provided.
Section 3.
SURVIVORSHIP ALLOWANCE
Article 108.
Beneficiaries of survivorship allowance
Beneficiaries of survivorship
allowance of social insurance participants who are dead shall be the
organizations and individuals in charge of their funeral as prescribed in
Clause 1 Article 109 of this Law; their families as prescribed in Clause 3
Article 109 and Clause 1 Article 110 of this Law.
Article 109.
Funeral allowance
1. When the following persons die,
the organization or individual in charge of their funeral are entitled to a
lump-sum funeral allowance:
a) Any person who has social
insurance for at least full 60 months;
b) Any person who is receiving
pension or being suspended from receiving pension.
2. The funeral allowance shall be
10 times the reference level of the month in which the person mentioned in
Clause 1 of this Article dies.
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Article 110.
Lump-sum survivorship allowance
1. Upon the death of a person who
was being covered by voluntary social insurance, having the social insurance
payment period reserved, receiving pension or being suspended from receiving
pension, his/her family will be entitled to a lump-sum survivorship allowance.
2. The level of lump-sum
survivorship allowance for families of people who were being covered by
voluntary social insurance or having their social insurance payment period
reserved shall be calculated according to the years over which social insurance
is paid. The lump-sum survivorship allowance for a year shall be:
a) 1,5 times the average income on
which social insurance premiums are paid for the years of social insurance
payment before 2014.
If social insurance is paid both
before and after 2014 and there is an incomplete year before 2014, it will be
aggregated with the social insurance payment period from 2014 onwards;
b) 02 times the average income on
which social insurance premiums are paid for the years of social insurance
payment from 2014 onwards;
c) The paid amount if the social
insurance payment period is under 60 months.
3. If the person was paying both
compulsory social insurance and voluntary social insurance, the minimum
lump-sum survivorship allowance shall be 03 times the average salary and income
on which social insurance premiums are paid.
4. The lump-sum survivorship
allowance for family of a person who dies while receiving pension or while
being suspended from receiving pension shall be calculated according to that
person’s period of pension enjoyment and the following regulations:
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b) If the person dies after the
first 02 months, the allowance shall be reduced by 0,5 time the monthly pension
for each subsequent month but shall not be smaller than 03 times the current
monthly pension.
Article 111.
Retirement benefits and survivorship allowance benefits for people who pay both
compulsory social insurance and voluntary social insurance
1. Retirement benefits and
survivorship allowance benefits for people who pay both compulsory social
insurance and voluntary social insurance:
a) If a person has paid compulsory
social insurance for at least 15 years and satisfies the conditions specified
in Article 64 of this Law; has paid compulsory social insurance for at least 20
years and satisfies the conditions specified in Article 65 of this Law, his/her
pension shall be provided in accordance with compulsory social insurance
policies
b) If a person has paid compulsory
social insurance payment for at least 15 years, he/she will be entitled to
monthly survivorship allowance under compulsory social insurance policies;
c) If a person has paid compulsory
social insurance payment for at least 12 months, he/she will be entitled to
funeral allowance under compulsory social insurance policies.
2. The Government shall elaborate
this Article.
Article 112.
Application for and provision of survivorship allowance
1. Application for survivorship
allowance:
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b) An application for provision of
survivorship allowance for family of a person who was receiving or being
suspended from receiving pension shall be prepared in accordance with
regulations of Points a and b Clause 2 Article 90 of this Law;
c) The application for funeral
allowance only shall be prepared in accordance with Clause 3 Article 90 of this
Law.
2. Processing applications for survivorship
allowance:
a) Within 90 days after the death
of the person having his/her social insurance payment period reserved, the
person covered by voluntary social insurance, the person receiving pension or
being suspended from receiving pension, his/her family shall submit the
application to the social security authority;
b) Within 10 working days from the
day on which the satisfactory application is received, the social security
authority shall decide whether to grant the application. In case of rejection,
a written response and explanation shall be provided.
Article 113.
Delayed provision of voluntary social insurance benefits
1. If the application is submitted
after the deadline specified in Clause 1 Article 97, Clause 1 Article 107,
Point a Clause 2 Article 112 of this law, a written explanation must be
submitted to the social security authority together with the application.
2. In case of the late submission
of applications or delayed provision of voluntary social insurance benefits
causes damage to lawful rights and interests of the beneficiary, recompense
shall be provided in accordance with law, unless it is the fault of the
beneficiary.
Article 114.
Method of payment of pensions and voluntary social insurance benefits
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2. Directly from social security
authorities or service providers authorized by social security authorities.
Article 115.
Lump-sum allowance for pensioners who emigrate to foreign countries;
suspension, termination, resumption of pension
1. When a pensioner who is covered
by voluntary social insurance emigrates to a foreign country, he/she may apply
for a lump-sum allowance as follows:
a) The lump-sum allowance for
pensioners shall be calculated according to their social insurance payment
period. To be specific: 1,5 times the current monthly pension for each year of
social insurance payment before 2014; 02 times the current monthly pension for
each year of social insurance payment from 2014 onwards; 0,5 time the current
monthly pension shall be deducted from the lump-sum allowance for each month’s
pension received. The lowest lump-sum allowance shall be 03 times the current
monthly pension;
b) The lump-sum allowance for a
person receiving monthly social insurance benefits shall be 03 times the
current monthly benefits;
c) The application for lump-sum
allowance shall include the written request for lump-sum allowance and a copy
of the competent authority’s certification of Vietnamese nationality
renouncement or notarized or authenticated Vietnamese translation of one of the
documents specified in Points a, b, c, and d Clause 2 Article 106 of this Law;
d) Within 07 working days from the
day on which the satisfactory application is received, the social security
authority shall decide whether to grant the application. In case of rejection,
a written response and explanation shall be provided.
2. When a pensioner moves to
another location within Vietnam and wishes to receive social insurance benefits
at the new location:
a) The pensioner who wishes to
change the receiving method or location due to change of his/her residence
within Vietnam shall send a document to the paying social security authority.
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3. The suspension, termination,
resumption of pensions shall comply with Articles 75, 80 and 81 of this Law.
Chapter VII
SOCIAL INSURANCE FUND
Section 1.
CONTRIBUTIONS TO AND USE OF THE SOCIAL INSURANCE FUND
Article 116.
Social insurance fund
1. The social insurance fund is a financial
fund that is independent from state budget; its accounting, financial
statements and internal audits shall comply with accounting laws and relevant
laws.
2. Every 03 years, State Audit
Office shall audit the social insurance fund, its investment activities and
submit reports to the National Assembly. Ad hoc audits shall be carried out at
the request of the National Assembly, the National Assembly Standing Committee
and the Government.
If overlapping issues or
repetitions are discovered during inspection and state audit of social
insurance, the inspecting authority shall cooperate with the auditing authority
in handling in accordance with the Law on Inspection and the Law on State
Audit, making sure an activity of an organization or individual is the subject
of only one inspecting authority or auditing authority, ensuring prevention,
discovery and handling of social insurance-related offences.
Article 117.
Sources of contributions to the social insurance fund
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2. Premiums paid by employees as
per regulations.
3. Profits from investments of the
fund.
4. State budget funding.
5. Other lawful sources of
revenues.
Article 118.
Component funds of the social insurance fund, unemployment insurance fund
1. The social insurance fund
consists of the following component funds:
a) Sickness and maternity fund;
b) Pension and survivorship fund;
C) Occupational accident and
occupational disease insurance fund under the Law on Occupational Hygiene and
Safety.
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Article 119.
Use of the social insurance fund
1. Provision of compulsory social
insurance and voluntary social insurance benefits for the beneficiaries
specified in Chapter V and Chapter VI of this Law, and monthly allowances in
accordance with Article 23 of this Law.
2. Payment of health insurance
premiums for the following people:
b) Pensioners;
B) People who are taking leave and
receiving monthly occupational accident or occupational disease allowance;
c) People who are taking leave and
receiving maternity benefits for at least 14 working days in the month;
d) Employees who are taking leave
and receiving sickness benefits due to diseases on the list of diseases
requiring long-term treatment promulgated by the Minister of Health;
dd) People who are taking leave and
receiving sickness benefits for at least 14 working days in the month;
3. Payment for assessment of work
capacity reduction in case the assessment is not requested by the employer and
the assessment result shows that the employee is eligible for social insurance
benefits.
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5. Investment to preserve and
develop the fund under Section 2 of this Chapter.
Article 120.
Budget for organization and activities of social insurance
1. The budget for organization and
activities of social insurance shall be used for performance of the following
tasks:
a) Dissemination and counseling of
policies and law on social insurance; providing professional training and
advanced training in social insurance;
b) Reforming social insurance
administration; development and management of social insurance participants and
beneficiaries;
c) Investing in, upgrading,
renovating, expanding, maintaining, repairing property; leasing, purchasing
property, goods and services relevant to social insurance management and
activities;
d) Organizing collection of social
insurance premiums and payment of social insurance benefits; maintaining
operation of social security authorities and the Management Board of VSS.
2. The budget for organization and
activities of social insurance shall be a percentage of the estimated revenue
and spending of social insurance, excluding payment of health insurance
premiums for social insurance beneficiaries and extracted from the profit from
investments of the social insurance funds
3. Every 03 years, the Government
shall report to Standing committee of the National Assembly for decision on the
budget for organization and activities of social insurance.
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5. The Government shall elaborate
Clause 1 and Clause 2 of this Article.
Section 2.
INVESTMENTS OF THE SOCIAL INSURANCE FUND
Article 121.
Investment principles
1. Investment activities of the
social insurance fund must ensure safety, sustainability and effectiveness.
2. The investment portfolio must be
diversified; investment structure and methods must be appropriate for the
capacity and physical facilities of the social insurance investment
organization; prioritize investment in Government bonds, especially long-term
Government bonds.
3. Investments of the social
insurance fund shall follow the long-term investment strategy and annual
investment plans.
Article 122.
Investment portfolio and investment methods
1. The investment portfolio of the
social insurance fund in the domestic market shall include:
a) Debt instruments of the
Government of Vietnam, including government bonds and treasury bills;
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c) Deposits at state-owned
commercial banks and joint-stock commercial banks over 50% of charter capital
of which is held by the State; do not invest in commercial banks being put
under special control;
d) Bonds, certificates of deposit
of state-owned commercial banks and joint-stock commercial banks over 50% of
charter capital of which is held by the State; do not invest in commercial banks
being put under special control.
2. Investment of the social
insurance in international markets shall be Government bonds.
3. Investment methods of the social
insurance fund include direct investment and indirect investment on the
domestic market and international market.
4. The Government shall promulgate
regulations on diversification and criteria of investment portfolio, investment
structure and investment methods of the social insurance fund, ensuring compliance
with Article 121 of this Law.
Article 123.
Management of social insurance fund investment
1. Investments of each component
fund of the social insurance fund shall be recorded separately.
2. Investment of the social
insurance fund must be controlled, undergo risk management and have loan loss
provisions.
3. The Government shall promulgate
regulations on control, investment risk management, making and use of loan loss
provisions.
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SUPPLEMENTAL RETIREMENT INSURANCE
Article 124.
Policyholders of supplemental retirement insurance
Policyholders of supplemental
retirement insurance are employers and employees.
Article 125.
Supplemental retirement insurance principles
1. Supplemental retirement
insurance premiums shall be agreed upon by the employer and the employees.
2. Contributions to the
supplemental retirement insurance funds shall be managed separately for each
individual retirement account.
3. Management and investment of
supplemental retirement insurance funds shall be transparent and lawful.
4. Supplemental retirement
insurance payouts shall be determined according to the individual retirement
account balance at the time of payment, which is accrued through investment of
the supplemental retirement insurance funds on market principles.
Article 126.
Supplemental retirement insurance funds
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2. Sources of funding of a
supplemental retirement insurance fund include contributions of employers,
employees and profits from its investment.
3. Supplemental retirement
insurance funds shall be used to pay supplemental retirement benefits for
employees and cover their operating costs.
Article 127.
State policies on supplemental retirement insurance
1. Encourage development of
supplemental retirement insurance through incentive policies in accordance with
tax laws.
2. Complete laws and policies on
supplemental retirement insurance; organize implementation of supplemental
retirement insurance policies in a professional, modern and transparent manner;
provide employers and employees with more options to make contributions and
receive higher pensions.
3. The Government shall promulgate
regulations on supplemental retirement insurance.
Chapter IX
COMPLAINTS AND DENUNCIATIONS ABOUT, AND ACTIONS
AGAINST SOCIAL INSURANCE-RELATED VIOLATION
Article 128.
Rights to file complaints about social insurance
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Article 129.
Filing and handling complaints against social insurance-related administrative
decisions, administrative actions of State administrative agencies, social
security authorities and competent persons therein
1. The filing and handling of
complaints against social insurance-related administrative decisions,
administrative actions of State administrative agencies and competent persons
therein, the filing and handling of complaints against administrative penalty
decisions of social security authorities and competent persons therein shall
comply with regulations of law on complaints, except for the cases specified in
Clause 2 of this Article.
2. The filing and handling of
complaints against decisions and actions in social insurance-related inspection
shall comply with inspection laws.
Article 130.
Filing and handling complaints against social insurance-related decisions and
actions
1. Social insurance-related
decisions are documents issued by social security authorities and competent
persons therein to implement regulations of law on social insurance.
2. Social insurance-related actions
are performance or non-performance of duties by social security authorities and
competent persons according to regulations of law on social insurance.
3. Except for the cases specified
in Clause 5 of this Article, complaints against social insurance-related
decisions and actions shall be filed in the following order:
a) When a person has good reasons
to presume that a social insurance-related decision or action is unlawful or
infringing upon his/her lawful rights and interests, he/she (the complainant)
shall file the first complaint to the person who issued the decision or the
social security authority where the social insurance-related action is taken,
or initiate a lawsuit at court as prescribed by law;
b) In case the complainant
disagrees on the first-time complaint settlement decision, or the complaint is
not settled by within the time limit, the complainant may file a second
complaint to the head of the social security authority that is directly
superior to the initial complaint settler or initiate a lawsuit at a court as
prescribed by law.
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c) In case the complainant
disagrees on the second-time complaint settlement decision, or the complaint is
not settled by within the time limit, the complainant may initiate a lawsuit at
a court as prescribed by law.
4. Authority to settle complaints
against social insurance-related decisions and actions, except for the cases
specified in Clause 5 of this Article:
a) Heads of social security
authorities have the authority to settle first-time complaints against social
insurance-related decisions and actions of themselves and competent persons
under their management;
b) Heads of directly superior
social security authorities have the authority to settle second-time complaints
against social insurance-related decisions and actions that cannot be settled
by the heads of the inferior social security authorities, and complaints that
are not settled within the time limits.
5. Complaints against decisions and
actions related to provision of social insurance benefits or calculation of
working period in the public sector for enjoyment of social insurance benefits
before January 1st 1995 without adequate original documents or when
the employers no longer exist:
a) The first-time complaint shall
be handled by the head of the provincial social security authority;
b) In case the complainant
disagrees on the first-time complaint settlement decision of the head of the
provincial social security authority, or the complaint is not settled by within
the time limit, the complainant may file a complaint to the President of the
People’s Committee of the province or initiate a lawsuit at a court as
prescribed by law;
c) In case the complainant
disagrees on the second-time complaint settlement decision of the head of the
provincial social security authority, or the complaint is not settled by within
the time limit, the complainant may initiate a lawsuit at a court as prescribed
by law.
6. Time limits for filing
social insurance-related complaints, procedures for handling social
insurance-related complaints must comply with regulations of law on complaints.
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Article 131.
Lodging and settlement of social insurance-related denunciations
1. The
lodging and settlement of denunciations about violations committed during
performance of social insurance-related duties and violations against
regulations of law on state management of social insurance must comply with the
law on denunciations.
2. Social security authorities
shall handle denunciations about violations
against regulations of law on state management of social insurance, except for
the cases specified in Clause 3 of this Article.
3. Presidents of the People’s
Committees of provinces shall handle denunciations about violations committed
by organizations and individuals before 1995 against regulations of law on
state management of social insurance.
4. Procedures
for settlement of denunciations about violations of the law mentioned in Clause
2 and Clause 3 of this Article must comply with the law on denunciations.
5. The Government shall elaborate this
Article.
Article 132.
Actions against violations of social insurance laws
1. Organizations that commit
violations against this Law shall, depending on the nature and severity of the
violations, face administrative penalties or criminal prosecution, and pay
recompense for any damage caused.
2. Individuals that commit
violations against this Law shall, depending on the nature and severity of the
violations, face administrative penalties, disciplinary actions or criminal
prosecution, and pay recompense for any damage caused.
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STATE MANAGEMENT OF SOCIAL INSURANCE
Article 133.
Contents of state management of social insurance
1. Promulgating, proposing
promulgation of and organizing implementation of strategies, policies and laws
on social insurance.
2. Dissemination and education of
social insurance laws.
3. Statistical and information work
on social insurance.
4. Provision of training and
development of social insurance workforce.
5. Organization of the social
insurance apparatus.
6. Financial mechanism and
financial management of the social insurance fund.
7. Inspection, settlement of
complaints and denunciation, and handling violations against regulations of law
on social insurance.
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9. Social insurance-related
international cooperation.
Article 134.
Responsibility for state management of social insurance
1. The Government shall perform the
unified state management of social insurance.
2. The Ministry of Labor, War
Invalid and Social Affairs shall take charge in assisting the Government in
state management of social insurance. The Ministry of Finance shall assist the
Government in state management of social insurance-related finance and
financial management of the social insurance fund.
3. Ministries and ministerial
agencies shall, within their jurisdiction, perform and cooperate with the
Ministry of Labor, War Invalid and Social Affairs and the Ministry of Finance
in performing state management of social insurance.
4. The People’s Committees at all
levels shall perform the state management of social insurance within their
administrative divisions.
5. Vietnam Social Security shall
participate and cooperate with the Ministry of Labor, War Invalids and Social Affairs,
the Ministry of Finance and People’s Committees of provinces in state
management of social insurance.
Article 135.
Responsibilities of the Government
1. Unify management, provide
instructions, ensure close cooperation between state authorities, organizing
agencies and relevant agencies in social insurance implementation.
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3. Carry out social
insurance-related administrative reform to ensure better convenience for social
insurance participants and beneficiaries.
4. Issue decisions or request
competent authorities to issue decisions on measures for protection of lawful
rights and interests of employees and employers.
5. Submit annual reports to the
National Assembly on implementation of policies and law on social insurance,
management and use of the social insurance fund. Submit reports to the National
Assembly on assessment and forecasting of the balancing capacity of the pension
and survivorship fund every 05 years.
Article 136.
Responsibilities of the Ministry of Labor, Invalids, and Social Affairs
1. Draft and promulgate or propose
promulgation of polices and regulations of law on social retirement benefits,
compulsory social insurance, voluntary social insurance, social insurance
development plans and strategies. Promulgate the indicators of satisfactions of
organizations and individuals with the implementation of social insurance and
unemployment insurance policies.
2. Take charge and cooperate with
Vietnam Social Security and relevant organization in developing and proposing development
targets for compulsory social insurance and voluntary social insurance
participants.
3. Organize dissemination and
education of regulations of law on social retirement benefits, compulsory
social insurance and voluntary social insurance.
4. Provide instructions on
implementation of policies and law on social retirement benefits, compulsory
social insurance and voluntary social insurance.
5. Carry out examinations and
inspections, settlement of complaints and denunciation, and handling violations
against regulations of law on social retirement benefits, compulsory social
insurance and voluntary social insurance, except for the cases specified in
Clause 2 Article 137 of this Law.
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7. Take charge of statistical and
information work on social insurance.
8. Organize training in social
insurance.
9. Organize scientific research and
international cooperation in social insurance.
10. Take charge and cooperate with
the Ministry of Finance in preparing reports of the Government specified in
Clause 5 Article 135 of this Law.
11. Propose regulations on
functions, tasks, powers and organizational structure of social security
authorities to the Government according to Clause 2 Article 16 of this Law.
Article 137.
Responsibilities of the Ministry of Finance
1. Formulate and promulgate or
propose promulgation of financial management mechanisms for social insurance,
regulations on expenditures on social insurance organization and activities
under Article 120 of this Law.
2. Carry out examinations and
inspections; handle violations and settle complaints and denunciations about
financial management of social insurance.
3. Draft the report on management
and use of the social insurance fund, send it to the Ministry of Labor, War
Invalid and Social Affairs for summarization and reporting to the Government
under Clause 5 Article 135 of this Law.
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5. Propose to the Government for
promulgation of regulations on investment activities of the social insurance;
accounting and distribution of component funds of the social insurance fund.
6. Formulate and promulgate or
propose promulgation of policies and regulations of law on supplemental
retirement insurance; provide guidance on implementation of regulations of law
on supplemental retirement insurance; monitor, evaluate, examine and inspect
the implementation of supplemental retirement insurance; handle violations,
handle complaints and denunciations about supplemental retirement insurance;
perform statistical tasks and information about supplemental retirement
insurance.
Article 138.
Responsibilities of the People’s Committees
1. The People’s Committees of
provinces shall be responsible for the People's Councils of the same provinces
for directing and organizing the implementation of social insurance policies,
increasing social insurance participants and voluntary social insurance
participants, taking actions against evasion and late payment of compulsory
social insurance in their provinces.
2. The People’s Committees shall
perform the state management of social insurance within their administrative
divisions as designated by the Government and have the responsibility to:
a) Direct and organize the
implementation of policies and law on social insurance;
Set development targets for social
insurance participants and voluntary social insurance participants for
inclusion in annual socio-economic development plans and submit them to
competent authorities for decision.
c) Organize dissemination of social
insurance laws and policies;
d) Carry out inspection, handle
administrative violations, complaints and denunciations about social insurance;
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Chapter XI
IMPLEMENTATION PROVISIONS
Article 139.
Amendments to some social insurance-related laws
1. Amendments to the Law on
Occupational Hygiene and Safety No. 84/2015/QH13:
a) Amendments to Clause 7 Article
42:
“7. Expenditures on organization
and activities of occupational accident and occupational disease insurance
shall comply with the Law on Social Insurance.”;
b) Amendments to Clause 1 Article
43:
“1. Subjects of occupational
accident and occupational disease insurance prescribed in this Section are
employees covered by compulsory social insurance prescribed in Points a, b, c,
d, dd, e, i and l Clause 1 Article 2 and employers prescribed in Clause 3
Article 2 of the Law on Social Insurance.”;
c) Amendments to Point b Clause 2
Article 44:
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d) Amendments to Clause 3 Article
49:
“3. The suspension and
resumption of enjoyment of monthly occupational accident and occupational
disease allowances shall comply with Article 75 of the Law on Social Insurance;
documentation and procedures for provision of monthly occupational accident and
occupational disease benefits shall comply with Article 80 and Article 81 of
the Law on Social Insurance.”;
dd) Amendments to Clause 5 Article
49:
“5. A person who is receiving
monthly occupational accident and occupational disease allowances will be
entitled to a lump-sum allowance when he/she repatriates; the allowance shall
be 03 times the current monthly benefit. Documentation and procedures for
lump-sum allowance shall comply with the Law on Social Insurance.”;
e) Amendments to Clause 3 Article
53:
“3. The employee dies during
injury or disease treatment without assessment of work capacity reduction.
Applications for survivorship
allowance in case employees die of occupational accidents and occupational
diseases shall comply with Clause 1 Article 90 of the Law on Social
Insurance.”.
2.
Amendments to Point e Clause 3 Article 57 of Employment Law No. 38/2013/QH13:
“e)
Expenditures on organization and activities of unemployment insurance shall
comply with the Law on Social Insurance;”.
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Article 140.
Effect
1. This Law comes into force from
July 1st 2025.
2. The Law on Social Insurance No.
58/2014/QH13, which is amended by Law No. 84/2015/QH13, Law No. 35/2018/QH14,
Code No. 45/2019/QH14 (hereinafter referred to as Law No. 58/2014/QH13) and the
National Assembly’s Resolution No. 93/2015/QH13 dated June 22nd 2015
on provision of lump-sum social insurance allowance for employees cease to have
effect from the effective date of this Law.
Article 141.
Transitional provisions
1. Ongoing monthly incapacity
allowances, occupational accident or occupational disease allowances, monthly
survivorship allowances, monthly allowances for retired commune-level
officials, monthly allowances for rubber workers, and people who are receiving
monthly allowances after expiration of the incapacity allowance period shall be
adjusted in accordance with regulations of the Government.
2. People who are suspended from
social insurance benefits due to imprisonment without suspended sentences
before January 1st 2016 shall comply with regulations of law on
social insurance that are applicable at the time of suspension.
3. Employees who worked and
participated in social insurance before January 1st 1995 in areas
with region-based allowances, employees who paid social insurance including
region-based allowances before January 1st 2007 shall be entitled to
lump-sum region-based allowances when claiming pension or lump-sum social
insurance allowance or survivorship allowance.
4. 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) may continue
receiving the current region-based allowance. When their permanent residences
are changed, the region-based allowance shall be determined in accordance with
regulations of the Government.
5. From the effective date of this
Law, employees who are taking sick leave due to diseases on the list of
diseases requiring long-term treatment promulgated by the Minister of Health
and employees taking maternity leave under Law No. 58/2014/QH13 may continue
taking their leave until expiration of the previously granted leave periods.
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7. The period of working the public
sector before January 1st 1995 shall be included when calculating
social insurance benefits under regulations of the Government.
8. Annually, the State shall
transfer an amount from state budget to the social insurance fund to ensure
full payment of pension and social insurance allowances to people receiving
pension and social insurance benefits before January 1st 1995.
9. People who participate in
voluntary social insurance before January 1st 2021 and have paid
voluntary social insurance for at least 20 years will receive pensions when
they reach the age of 60 for males and 55 for females, unless they wish to
receive pensions under Article 98 of this Law.
10. Employees who have paid social
insurance for at least 15 years and have not reached the statutory retirement
age as confirmed in writing by social security authorities according to the
Government’s Decree No. 12/CP dated January 26th 1995, which is
amended by the Government’s Decree No. 01/2003/ND-CP dated January 9th
2003, they will receive pension when they reach the age of 60 for males, and 55
for females.
Commune officials regulated by the
Government’s Decree No. 09/1998/ND-CP dated January 23rd 1998 who
have not reached the statutory retirement age for receiving monthly allowance
as confirmed in writing by social security authorities will receive monthly
allowance when they reach the age of 55 of males and 50 for females.
11. The minimum monthly pensions of
employees specified in Points a, b, c, d, dd, g and i Clause 1 Article 2 of
this Law who have participated in social insurance before the effective date of
this Law and have paid compulsory social insurance for at least 20 years shall
be the reference level.
12. The compulsory social insurance
and unemployment insurance premiums that are payable by employers under Law No.
58/2014/QH13, and Employment Law No. 38/2013/QH13 but are not paid or fully
paid by employers by June 30th 2023 will be handled in accordance
with regulations of this Law on evasion and late payment of social insurance.
13. Before the annulment of the
statutory pay rate, the reference level prescribed in this Law shall be the
statutory pay rate. Upon annulment of the statutory pay rate, the reference
level shall not fall below the statutory pay rate.
14. Documents authorizing
other people to receive pension, social insurance benefits and other benefits
under Law No 58/2014/QH13 shall remain effective until the end of June 30th
2026.
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This Law was passed by the 15th
National Assembly of the Socialist Republic of Vietnam during the 7th
session on June 29th 2024.
PRESIDENT
OF THE NATIONAL ASSEMBLY
Tran Thanh Man