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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:
b) Municipal bonds, government-backed bonds;
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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.
Chapter VIII
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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
1. Supplemental retirement insurance funds are
financial funds that are independent from state budget; its accounting,
financial statements and audits shall comply with accounting laws and audit
laws.
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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
Organizations and individuals are entitled to
request competent organizations and persons to reconsider the latter's
decisions or actions if the former has good reasons to believe that such
decisions or actions are contrary to social insurance laws and infringe upon
their lawful rights and interests.
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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.
In case the complainant disagrees on the first-time
complaint settlement decision of the head of Vietnam Social Security, or the
complaint is not settled by within the time limit, the complainant may initiate
a lawsuit at a court as prescribed by law.
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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.
7. The Government shall elaborate this Article.
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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.
Chapter X
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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.
8. Social insurance-related assessments, rewards
and commendations.
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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.
2. Promulgate regulations on finalization; assign
state agencies to verify and approve expenditures on social insurance
organization and activities; finalization of revenues and expenditures of the
social insurance fund, health insurance fund and unemployment insurance funds.
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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 inspection, 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.
6. Take charge and cooperate with other Ministries,
ministerial agencies, Vietnam Social Security in proposing necessary measures
for protection of lawful rights and interests related to social insurance of
employees to the Government for decision.
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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 inspection; handle handling 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.
4. Take charge of the preparation of reports of the
Government specified in Clause 3 Article 120 of this Law.
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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, 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;
dd) To propose to competent authorities amendments
and addition of policies and law on social insurance.
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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:
“b) Profits from investments of the fund according
to Article 120 and Article 121 of the Law on Social Insurance;";
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“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;”.
3.
Clause 2 Article 17 of the Law on the
Elderly No. 39/2009/QH12 is annulled.
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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.
6. Upon the death of people who are receiving
incapacity allowance or monthly allowance after expiration of the incapacity
allowance period, rubber workers who are receiving monthly allowance, retired
commune-level officials who are receiving monthly allowance, the families will
be entitled to survivorship allowance under regulations of the Government.
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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.
15. The Government shall elaborate this Article.
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PRESIDENT OF
THE NATIONAL ASSEMBLY
Tran Thanh Man