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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
01/2003/ND-CP
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Hanoi,January
9, 2003
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF THE REGULATION ON SOCIAL INSURANCE, ISSUED TOGETHER WITH THE
GOVERNMENT’S DECREE No. 12/CP OF JANUARY 26, 1995
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the 1994 Labor Code and the April 2, 2002 Law Amending and
Supplementing a Number of Articles of the Labor Code;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Article 1.- To amend and
supplement a number of articles of the Regulation on Social Insurance, issued
together with the Government’s Decree No. 12/CP of January 26, 1995, in
accordance with the Law Amending and Supplementing a Number of Articles of the
Labor Code, as follows:
1. To amend and supplement Article 3 as follows:
"Article 3.- Subject
to compulsory social insurance are:
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a/ Enterprises set up and
operating under the State Enterprise Law;
b/ Enterprises set up and
operating under the Enterprise Law;
c/ Enterprises set up and
operating under the Law on Foreign Investment in Vietnam;
d/ Enterprises of political
organizations and socio-political organizations;
e/ Individual production and/or
business households, cooperative teams;
f/ Administrative and non-business
agencies, political organizations, socio-political organizations,
socio-political-occupational organizations, socio-occupational organizations
and other social organizations, armed forces;
g/ Semi-public, people-founded
and private establishments in the cultural, medical, educational, training,
scientific and physical training and sport sectors, and other non-business
sectors;
h/ Commune, ward and township
health stations;
i/ Vietnam-based foreign
agencies and organizations or international organizations, except otherwise
provided for by the international treaties which the Socialist Republic of
Vietnam has signed or acceded to;
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2. Officials, public servants
and employees under the Ordinance on Officials and Public Servants.
3. Laborers and cooperative
members who work and enjoy wages under labor contracts of full 3 months or more
in cooperatives set up and operating under the Cooperative Law.
4. For laborers who work in
enterprises, agencies or organizations prescribed in Clauses 1, 3 and 6 of this
Article under labor contracts of less than 3 months, if, upon the expiry of
their labor contracts, they continue to work or sign new labor contracts with
such enterprises, organizations or individuals, they must participate in
compulsory social insurance.
5. Laborers prescribed in
Clauses 1, 2, 3, 4 and 6 of this Article, who are in training or practice, or
on mission or convalescence at home or abroad while continuing to enjoy
salaries or wages, shall also be subject to compulsory social insurance.
6. Laborers who work and enjoy
salaries or wages under labor contracts of full 3 months or more in
agricultural, forestry, fishery or salt-making enterprises.
For laborers working in
agricultural, forestry, fishery or salt-making enterprises which have already
assigned or contracted land, there shall be separate regulations."
2. To amend and supplement Article 10 as follows:
"Article 10.- Female
laborers, who are pregnant and give birth to their children, when taking leave
as provided for in Articles 11 and 12 of this Regulation, shall be entitled to
maternity allowances."
3. To add the following Article 24a:
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1. Laborers who participate in
compulsory social insurance shall be entitled to convalescence and health
restoration regimes in the following cases:
a/ Having paid social insurance
premiums for full 3 years or more in enterprises, agencies or organizations and
suffering from health decline;
b/ Having not yet recovered
after their hospitalization due to illnesses, labor accidents or occupational
diseases;
c/ Being female laborers who
suffer from post-natal health decline.
2. The convalescence or health
restoration duration shall be between 5 and 10 days a year, depending on the
degree of the laborers’ health decline.
The convalescence or health
restoration duration shall not be subtracted from the laborers’ annual leaves
and laborers shall not be entitled to enjoy salaries, unless otherwise agreed
upon between enterprises and laborers.
3. The levels of expenditures
for convalescence leave and health restoration shall be prescribed by the
Ministry of Labor, War Invalids and Social Affairs after consulting and
reaching agreement with the Ministry of Finance and Vietnam Labor
Confederation.
Vietnam Social Insurance shall
organize the management, allocation and settlement of funding for convalescence
leave and health restoration for each enterprise, agency or organization.
4. The funding for convalescence
leave and health restoration shall be covered by the social insurance fund as
equal to 0.6% of the total salary fund actually paid for social insurance and
deducted from the source of 5% of the total salary fund actually paid for
social insurance by enterprises, agencies and organizations for sicknesses,
maternity and labor accidents as well as occupational diseases. In cases where
the deducted funding is not enough to cover one convalescence leave or health
restoration ration as prescribed, enterprises, agencies or organizations shall
pay the deficit from the welfare fund or transfer the case for implementation
in the subsequent year."
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a/ To amend and supplement Point
a, Clause 1 of Article 27 as follows:
"a/ Laborers, who have paid
social insurance premiums for full 15 years, shall have monthly pensions equal
to 45% of the average of monthly salaries which have been used as basis for
calculating their social insurance premiums, then, for each additional year
covered by social insurance premiums, another 3%, for female laborers, and 2%,
for male laborers, shall be added. The maximum monthly pensions shall be equal
to 75% of the average of monthly salaries which have been used as basis for
calculating their social insurance premiums."
b/ To amend and supplement Point
b, Clause 1 of Article 27 as follows:
"b/ For laborers, who enjoy
monthly pensions lower than those provided for in Clauses 2 and 3 of Article
26, their pensions shall be calculated according to the provisions at Point a,
Clause 1 of Article 27, but for each year of premature retirement as compared
to the retirement age stipulated in Clauses 1 and 2 of Article 25, the average
of the monthly salaries which have been used as basis for calculating their
social insurance premiums shall be reduced by 1%.
Particularly, male laborers aged
between full 55 and under 60 years and female laborers aged between full 50 and
under 55 years, who have paid social insurance premiums for full 30 years or
more, and wish to retire, shall be entitled to pensions calculated by the
method prescribed at Point a, Clause 1 of Article 27, but for each year of
premature retirement, the average of the monthly salaries which have been used
as basis for calculating their social insurance premiums shall not be reduced
by 1%."
c/ To amend and supplement
Clause 2 of Article 27 as follows:
"2. Apart from the monthly
pensions, female laborers who have paid social insurance premiums for over 25
years and male laborers who have paid social insurance premiums for over 30
years, shall, upon their retirement, be entitled to a lump-sum allowance, which
is calculated as follows: for each year, from the 26th year on, for female
laborers, and the 31st year on, for male laborers, of paying social insurance
premiums, they shall be given half (1/2) of the average of the monthly salary
which has been used as basis for calculating their social insurance premiums,
but the total shall not exceed 5 months."
5. To amend and supplement Article 28 as follows:
"Article 28.-
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a/ Laborers, who cease to work
and reach the retirement age or whose working capacities have been reduced by
61% or more due to illnesses, accidents or occupational diseases, and have paid
social insurance premiums for a period not long enough for enjoyment of monthly
pensions as prescribed in Articles 25 and 26 of this Regulation.
b/ Persons who lawfully reside
in foreign countries.
2. Laborers, who cease to work
when they have not yet reached the retirement age but have paid social
insurance premiums for the period long enough as prescribed in Article 25, and
Clauses 2 and 3 of Article 26, of this Regulation, may wait until they reach
the retirement age to enjoy monthly pensions or have the period of paying
social insurance premiums reserved in order to continue paying them later when
they have conditions.
3. Laborers, who cease to work
when they have not yet reached the retirement age and have paid social
insurance premiums for the period not long enough as prescribed in Articles 25
and 26 of this Regulation, shall be granted social insurance books, and have
the period of paying social insurance premiums reserved in order to continue
paying them later when they have conditions to do so, including the persons on
the lists of enterprises, agencies and organizations, who ceased working to
wait for jobs before January 1, 1995 and had not yet received lump-sum
allowances."
6. To add the following paragraph to the end of Clause 1, Article 29:
"Particularly for laborers
who have paid social insurance premiums for full 15 years or more according to
salary levels applicable to heavy and hazardous jobs or exceptionally heavy and
hazardous jobs, and have been transferred to other jobs with the social
insurance premiums paid according to the salary scales and grades set by the
State with lower salary levels, when they retire, their rank salary levels of 5
consecutive years of doing heavy or hazardous jobs shall be used for
calculating the average level as basis for the calculation of their
pensions."
7. To add the following Article 35a:
"Article 35a.- The
method for calculating the duration of paying social insurance premiums for
settlement of regimes is prescribed as follows: having paid social insurance
premiums for between full 3 months and 6 months, half a year (1/2) shall be
calculated; from over 6 months shall be rounded up to 1 year."
8. To add Clause 5 to Article 36 as follows:
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9. To add the following Article 36a:
"Article 36a.- A
female laborer’s maternity leave taken prenatally and postnatally as prescribed
in Clauses 1 and 2 of Article 12 and the duration a laborer ceases working to
nurse his/her adopted infant as prescribed in Article 13 of this Regulation
shall be counted into the period eligible for social insurance regimes. During
such leave, the laborer and employer shall not have to pay social insurance
premiums, which shall be paid by the social insurance fund."
Article 2.- This
Decree takes implementation effect as from January 1, 2003.
To annul the Government’s Decree
No. 93/1998/ND-CP of November 12, 1998 amending and supplementing a number of
articles of the Regulation on Social Insurance, issued together with the
Government’s Decree No. 12/CP of January 26, 1995, and the Prime Minister’s
Decision No. 37/QD-TTg of March 21, 2001 on the convalescence and health restoration
regimes for laborers.
The social insurance regime
applicable to subjects having enjoyed social insurance before this Decree takes
effect shall not be re-calculated.
Article 3.- The
Minister of Labor, War Invalids and Social Affairs shall have to guide the
implementation of this Decree after consulting with the Ministry of Finance,
the Ministry of the Interior and Vietnam Labor Confederation.
Article 4.- The
Minister of the Interior shall have to guide the implementation of the social
insurance regime for officials working on a full-time basis at communes, wards
and townships and laborers in commune, ward and township health stations
prescribed in Clause 1, Article 1 of this Decree after consulting with the
Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance.
Article 5.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government, and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai