|
THE
GOVERNMENT
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No:
152/2006/ND-CP
|
Hanoi,
December 22, 2006
|
DECREE
GUIDING A NUMBER OF ARTICLES OF THE LAW ON SOCIAL INSURANCE
REGARDING COMPULSORY SOCIAL INSURANCE
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the June 29, 2006 Law on Social Insurance;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree
guides a number of articles of the Law on Social Insurance regarding compulsory
social insurance for Vietnamese cadres, public employees, public servants and
laborers working under labor contracts.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Cadres, public employees and public servants
as defined by the law on cadres and public employees;
2. Persons working under labor contracts of
indefinite term or labor contracts of a term of full 3 months or longer as
defined by the labor law, including managers and laborers working for
cooperatives or unions of cooperatives and enjoying wages under labor contracts
of a term of full 3 months or longer;
3. Laborers who are defense workers and police
workers working in armed forces enterprises.
4. Laborers who have participated in compulsory
social insurance but have not yet received a lump-sum social insurance benefit
before going to work overseas for a definite term in accordance with the law on
Vietnamese laborers working overseas under contracts of the following types:
a/ Contracts signed with non-business
organizations or enterprises permitted to provide the service of sending
laborers to work overseas, enterprises sending laborers to work overseas in the
form of probation and skill improvement, and enterprises making offshore
investment and sending laborers to work overseas.
b/ Contracts signed with Vietnamese enterprises
that have successfully bid for or entered into contracts to be executed
overseas.
c/ Individual contracts.
The subjects defined in this Article are
collectively referred to as laborers.
Article 3.- Employers
participating in compulsory social insurance provided in this Decree include:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. State agencies, non-business units of the
State.
3. Political organizations, socio-political
organizations, socio-professional-political organizations, socio-professional
organizations, other social organizations.
4. Organizations and units operating in
accordance with law.
5. Cooperatives, unions of cooperatives set up
and operating under the Cooperative Law.
6. Individual business households, cooperative
groups, other organizations and individuals hiring, employing and paying wages
to laborers.
7. Foreign agencies, organizations and
individuals, international organizations operating in the Vietnamese territory
and employing Vietnamese, unless otherwise provided for by treaties to which
the Socialist Republic of Vietnam has signed or acceded.
Article 4.- Social
insurance regimes provided in this Decree include:
1. Sickness.
2. Maternity.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Retirement.
5. Survivorship allowance.
Laborers specified at Points a and c, Clause 4,
Article 2 of this Decree shall only implement the regimes of retirement and
survivorship allowance.
Article 5.- State
management agencies in charge of social insurance defined in Article 8 of the
Law on Social Insurance are specified as follows:
1. The Government shall perform the uniform
state management of social insurance, direct the formulation, promulgation and
implementation of legal documents, regimes and policies on social insurance.
2. The Ministry of Labor, War Invalids and
Social Affairs shall take responsibility before the Government for performing
the state management of social insurance, including:
a/ Assuming the prime responsibility for, and
coordinating with ministries, branches and organizations in studying,
formulating and submitting to competent state agencies for promulgation or
promulgating according to its competence legal documents on social insurance;
b/ Assuming the prime responsibility for, and
coordinating with ministries and branches in conducting statistical work,
communicating and disseminating regimes, policies and law on social insurance;
c/ Inspecting the implementation of the law on
social insurance;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
e/ Undertaking international cooperation in the
domain of social insurance in accordance with law;
f/ Organizing training in social insurance;
g/ Annually, reporting to the Prime Minister on
the implementation of social insurance.
3. Ministries, ministerial-level agencies and
government-attached agencies shall, within the ambit of their respective tasks
and powers, perform the state management of social insurance, including:
a/ Coordinating with the Ministry of Labor, War
Invalids and Social Affairs and concerned ministries and branches in
formulating social insurance laws and policies;
b/ Overseeing and supervising the implementation
of social insurance regimes, policies and law according to their respective
competence;
c/ Reporting to competent agencies on social
insurance issues within their respective ambit and powers of state management.
4. People's Committees of provinces and
centrally run cities shall perform the state management of social insurance
within their respective localities. Provincial-level Labor, War Invalids and
Social Affairs Services shall assist People's Committees of provinces and
centrally run cities in performing their function of state management of social
insurance, including:
a/ Monitoring and deploying the implementation
of the law on social insurance;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Proposing concerned ministries and branches
to settle social insurance issues falling within the latter's competence;
d/ Annually, sending reports to the Ministry of
Labor, War Invalids and Social Affairs on the implementation of the law on
social insurance.
Article 6.- The social
insurance inspectorate defined in Article 10 of the Law on Social Insurance is
specified as follows:
1. The Labor, War Invalids and Social Affairs
Inspectorate conducting specialized inspection of social insurance shall have
the following tasks:
a/ Inspecting the implementation of social insurance
regimes, policies and law;
b/ Inspecting the sources of formation,
management and use of social insurance funds;
c/ Verifying, concluding and proposing the
settlement of social insurance-related complaints and denunciations in
accordance with law;
d/ Sanctioning according to its competence acts
of violation of the law on social insurance and proposing functional agencies
to handle those acts;
e/ Providing professional guidance and training
on specialized inspection of social insurance.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Employers defined in Article 3 of this
Decree;
b/ Laborers defined in Article 2 of this Decree;
c/ Social insurance organizations at all levels;
d/ Organizations and individuals involved in the
implementation of the law on social insurance.
Article 7.- Prohibited
acts defined in Article 14 of the Law on Social Insurance are specified as
follows:
1. Regarding payment of social insurance
premiums:
a/ Failing to pay social insurance premiums;
b/ Paying social insurance premiums not at
prescribed levels;
c/ Paying social insurance premiums not on
prescribed schedule;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Forging dossiers in the implementation of
social insurance, including:
a/ Making false declarations or making
modifications or deletions to falsify the contents related to the payment of
social insurance premiums or enjoyment of social insurance benefits;
b/ Forging documents for insertion into dossiers
for enjoyment of social insurance benefits;
c/ Issuing certificates in contravention of
regulations as a basis for enjoying social insurance benefits.
3. Using social insurance funds for improper
purposes and in contravention of policies and regimes.
4. Committing troubling and harassing acts,
thereby causing damage to legitimate rights and interests of laborers and
employers, including:
a/ Deliberately troubling and hindering the
payment of social insurance premiums or enjoyment of social insurance benefits
by laborers;
b/ Failing to issue or return social insurance
books to laborers according to regulations.
5. Making false reports, supplying false
information and data on social insurance.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
SOCIAL INSURANCE REGIMES
Section 1. SICKNESS REGIME
Article 8.- Laborers
specified in Clauses 1, 2, 3 and at Point b, Clause 4, Article 2 of this Decree
are entitled to the sickness regime when:
1. Taking leave due to sickness or accident and
having the certification of a medical establishment.
In case of taking leave due to sickness or
accident because of self-infliction, drunkenness, abuse of drug or other
addictives, laborers are not entitled to the sickness regime.
2. Taking leave to take care of under-seven
children who get sick and have a certification of a medical establishment.
Article 9.- Period for
enjoying the sickness regime under Article 23 of the Law on Social Insurance is
specified as follows:
1. The maximum period for enjoying the sickness regime
in a year defined in Clause 1, Article 23 of the Law on Social Insurance is
calculated according to working days, excluding public holidays, New Year
holidays and weekends. This period is counted from January 1 to December 31 of
the calendar year, irrespective of laborers' time of starting to participate in
social insurance.
2. For laborers working under normal conditions,
doing heavy, hazardous or dangerous occupations or jobs or working regularly in
regions with a regional allowance coefficient of 0.7 or higher the maximum
period for enjoying the sickness regime in a year is specified in Clause 1,
Article 23 of the Law on Social Insurance.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The list of geographical areas with regional
allowance coefficients of 0.7 or higher shall be promulgated by the Ministry of
Home Affairs, the Ministry of Labor, War Invalids and Social Affairs, the
Ministry of Finance and the Nationality Committee.
Article 10.- The period
for enjoying the regime upon sickness of children under Article 24 of the Law
on Social Insurance is specified as follows:
1. The period for enjoying the regime upon
sickness of a child in a year shall be calculated according to the provisions
of Clause 1, Article 9 of this Decree and depend on the number of days taking
care of the sick child and be 20 working days at most if the sick child is
under 3 years old, or 15 working days at most if the sick child is between full
3 years and under 7 years old.
2. When both parents are covered by social
insurance, if their child is still sick after either of them has spent the
whole period for enjoying the regime, the other parent is entitled to the
regime according to the provisions of Clause 1 of this Article.
Article 11.- Salary or
remuneration levels on which social insurance premiums are based serving as a
basis for calculating the sickness regime under Clause 1 and Clause 2, Article
25 of the Law on Social Insurance are specified as follows:
1. The salary or remuneration level on which
social insurance premiums are based serving as a basis for calculating the
sickness regime is the salary or remuneration of the month preceding the leave
on which social insurance premiums are based.
2. If a laborer enjoys the sickness regime right
in the first month of participating in social insurance, the salary or
remuneration level on which social insurance premiums are based serving as a
basis for calculating the sickness regime is the salary or remuneration of that
month.
Article 12.- Convalescence
and health rehabilitation after sickness under Article 26 of the Law on Social
Insurance are specified as follows:
1. Laborers who remain weak after the period of
enjoying the sickness regime under the provisions of Article 23 of the Law on
Social Insurance are entitled to convalescence and health rehabilitation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Ten days at most, if laborers remain weak
after the period of sickness due to a disease requiring a long period of
treatment;
b/ Seven days at most, if laborers remain weak
after a period of sickness and surgery;
c/ Five days for other cases.
3. The daily benefit level:
a/ Equivalent to 25% of the common minimum
salary, if laborers have convalescence and health rehabilitation at home;
b/ Equivalent to 40% of the common minimum
salary, if laborers have convalescence and health rehabilitation at a rest
home; this benefit level covers travel cost, meals and accommodation.
Section 2. MATERNITY REGIME
Article 13.- The
maternity regime covers laborers specified in Clauses 1, 2, 3 and at Point b,
Clause 4, Article 2 of this Decree.
Article 14.- Conditions
for enjoying the maternity regime under Clause 2, Article 28 of the Law on
Social Insurance are specified as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. A laborer who meets all conditions specified
in Clause 1 of this Article but already stops working before the time of
childbirth or adoption of a child of under 4 months old is still entitled to
the maternity regime according to the provisions of Articles 31, 32, 34 and
Clause 1 of Article 35 of the Law on Social Insurance.
Article 15.- The period
of leave after giving birth under Article 31 of the Law on Social Insurance is
specified as follows:
1. The period of leave under the maternity
regime for female laborers depends on their working conditions, physical status
and the number of infants per birth, specifically as follows:
a/ Four-month leave, if they perform occupations
or jobs under normal working conditions;
b/ Five-month leave, if they perform heavy,
hazardous or dangerous occupations or jobs; work under the 3-shift regime; or
work regularly in a region with a regional allowance coefficient of 0.7 or
higher;
c/ Six-month leave, for female laborers who are
disabled persons suffering a working capacity decrease of 21% or higher;
d/ In case of giving birth to twin or more infants,
in addition to the leave period specified at Points a, b and c of this Clause,
the mother is entitled to an additional leave of 30 days for each infant from
the second.
2. If the newborn child dies, the mother is
entitled to take leave under the maternity regime as follows:
a/ If the newborn dies before 60 days of age,
the mother is entitled to take leave for 90 days counting from the date of
childbirth;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
The leave period specified in this Clause does
not exceed the period of leave after giving birth specified in Clause 1 of this
Article and is not counted into the period of leave for personal reasons as
provided for in the labor law.
3. If only the father or the mother is covered
by social insurance or both the father and mother are covered by social
insurance and the mother dies in childbirth, the father or the person directly
nursing the newborn child is entitled to the maternity regime until the child
is full 4 months old.
Article 16.- The
average of the monthly salary or remuneration on which social insurance
premiums are based serving as a basis for calculating the maternity benefit
under Clause 1, Article 35 of the Law on Social Insurance is the average of the
monthly salary or remuneration of 6 months preceding the leave on which social
insurance premiums are based.
For laborers who have paid social insurance
premiums for less than 6 months, the maternity allowance they are entitled to
when having prenatal checks-up, miscarriage, abortion, fetocytosis or
stillbirth or taking contraceptive measures defined in Articles 29, 30 and 33
of the Law on Social Insurance is the average of the salary or remuneration of
the months of paying social insurance premiums.
Article 17.- Convalescence
and health rehabilitation after childbirth under Clause 1, Article 37 of the
Law on Social Insurance are specified as follows:
1. Female laborers who remain weak after the
leave period due to miscarriage, abortion, fetocytosis or stillbirth under
Article 30 of the Law on Social Insurance or after the leave period after child
birth under Article 31 of the Law on Social Insurance may take leave for
convalescence and health rehabilitation.
2. The period of convalescence and health
rehabilitation in a year includes also public holidays, New Year days, weekends
and travel days, if laborers have convalescence and health rehabilitation at a
rest home. The number of days for convalescence and health rehabilitation shall
be decided by employers and the grassroots or provisional trade union executive
committee, specifically as follows:
a/ Ten days at most, if female laborers give
birth to twin or more infants;
b/ Seven days at most, if female laborers
undergo an operation during delivery;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. The daily benefit level is:
a/ Equivalent to 25% of the common minimum
salary, if female laborers take leave for convalescence and health
rehabilitation at home;
b/ Equivalent to 40% of the common minimum
salary, if they have convalescence and health rehabilitation at a rest home;
this benefit level covers travel cost, meals and accommodation.
Section 3. LABOR ACCIDENT AND
OCCUPATIONAL DISEASE REGIMES
Article 18.- The labor
accident and occupational disease regimes cover laborers specified in Clauses
1, 2, 3 and at Point b, Clause 4, Article 2 of this Decree.
Article 19.- Conditions
for enjoying the labor accident regime under Clause 1, Article 39 and
conditions for enjoying the occupational disease regime under Clause 1, Article
40 of the Law on Social Insurance are specified as follows:
1. Suffering an accident at workplace and during
working hours, including time for breaks, mid-shift meals, preparation and
completion of work.
2. Suffering an accident outside the workplace
or beyond working hours while on assignment by their employers.
3. Suffering an accident en route to and from
residence and workplace within a reasonable time and on a reasonable route.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
4. Suffering a disease on the list of
occupational diseases while working in an environment or doing a job involving
hazardous elements. The list of occupational diseases shall be promulgated by
the Ministry of Health and the Ministry of Labor, War Invalids and Social
Affairs.
Article 20.- Assessment
of working capacity decrease under Article 41 of the Law on Social Insurance is
specified as follows:
1. Laborers suffering a labor accident or an
occupational disease are entitled to assessment or re-assessment of their working
capacity decrease when falling into one of the following cases:
a/ Their health conditions have become stable
after treatment of an injury or a disease;
b/ Their health conditions have become stable
after treatment of a recurring injury or disease.
2. Laborers are entitled to thorough assessment
of their working capacity decrease when falling into one of the following
cases:
a/ Suffering both a labor accident and an
occupational disease;
b/ Getting labor accidents repeatedly;
c/ Suffering from various occupational diseases.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Laborers suffering from a working capacity
decrease of between 5% and 30% due to a labor accident or an occupational
disease are entitled to a lump-sum allowance.
2. The lump-sum allowance level is calculated
according to the following formula:
The lump-sum allowance level = The allowance
level calculated based on the working capacity decrease level + The allowance
level calculated based on the number of years of paying social insurance
premiums.
a/ The allowance level calculated based on the
working capacity decrease level is as follows: Laborers with a 5% working
capacity decrease are entitled to 5 months' common minimum salary, which shall
be added with 0.5 of the monthly common minimum salary for every additional 1%
of working capacity decrease;
b/ The allowance level calculated based on the
number of years of paying social insurance premiums is as follows: Laborers are
entitled to an allowance level equivalent to 0.5 of the salary or remuneration
of the month preceding the leave on which social insurance premiums are based,
for one year or less of paying social insurance premiums, which shall be added
with 0.3 of such salary or remuneration for every additional year of paying
social insurance premiums.
Article 22.- Monthly
allowance under Article 43 of the Law on Social Insurance is specified as
follows:
1. Laborers suffering a working capacity decrease
of at least 31% due to a labor accident or an occupational disease are entitled
to a monthly allowance.
2. The monthly allowance level is calculated
according to the formula provided in Clause 2, Article 21 of this Decree, in
which:
a/ The allowance level calculated based on the
level of working capacity decrease is as follows: Laborers with a 31% working
capacity decrease are entitled to a monthly allowance equivalent to 30% of the
common minimum salary, which shall be added with 2% of the common minimum
salary for every additional 1% of decrease;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 23.- Laborers
who take leave and enjoy monthly labor accident or occupational disease
allowances are entitled to social insurance assured by the social insurance
fund.
Article 24.- Convalescence
and health rehabilitation after treatment of injury or sickness under Article
48 of the Law on Social Insurance are specified as follows:
1. Laborers who remain weak though their health
conditions have become stable after treatment of injury caused by a labor
accident or of sickness caused by an occupational disease are entitled to take
leave for convalescence and health rehabilitation.
2. The period of convalescence and health
rehabilitation in a year includes also public holidays, New Year days, weekends
and travel days, if laborers have convalescence and health rehabilitation at a
rest home. The number of days for convalescence and health rehabilitation shall
be decided by employers and the grassroots or provisional trade union executive
committee, specifically as follows:
a/ Ten days at most, if laborers suffer a
working capacity decrease of 51% or more due to a labor accident or an
occupational disease;
b/ Seven days at most, if laborers suffer a
working capacity decrease of between 31% and 50% due to a labor accident or an
occupational disease;
c/ Five days, if laborers suffer a working
capacity decrease of between 15% and 30% due to a labor accident or an
occupational disease.
3. The daily benefit level is:
a/ Equivalent to 25% of the common minimum
salary, if laborers take leave for convalescence and health rehabilitation at
home;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Section 4. RETIREMENT REGIME
Article 25.- The
retirement regime covers laborers specified in Article 2 of this Decree.
Article 26.- Conditions
for enjoying retirement pension under Clause 1, Article 50 of the Law on Social
Insurance are specified as follows:
Laborers are entitled to retirement pension when
falling into one of the following cases:
1. Being 60 years old for men or 55 years old
for women and having paid social insurance premiums for full 20 years or more;
2. Being between full 55 years and full 60 years
old for men or between full 50 years and full 55 years old for women, having
paid social insurance premiums for full 20 years or more and, out of which,
having performed heavy, hazardous or dangerous occupations or jobs for full 15
years or having worked in regions with a regional allowance coefficient of 0.7
or more for full 15 years;
3. Being between full 50 years and full 55 years
and having paid social insurance premiums for full 20 years or more and, out of
which, having worked in coal mines for full 15 years;
4. Being infected with HIV/AIDS due to an
occupational accident and having paid social insurance premiums for full 20
years.
Article 27.- Conditions
for enjoying retirement pension upon working capacity decrease under Article 51
of the Law on Social Insurance are specified as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Being full 50 years old for men or 45 years
old for women;
2. Having performed especially heavy, hazardous
or dangerous occupations or jobs for full 15 years or more, irrespective of
their age.
Article 28.- Monthly
retirement pension under Article 52 and lump-sum allowance upon retirement
under Article 54 of the Law on Social Insurance are specified as follows:
1. For qualified laborers under Article 26 of
this Decree, the monthly retirement pension is equivalent to 45% of the average
of the monthly salary or remuneration on which social insurance premiums are
based specified in Article 31 of this Decree, corresponding to 15 years of
paying social insurance premiums, which shall be added with 2% for men or 3%
for women for each additional year of paying social insurance premiums; the
maximum rate is equivalent to 75%.
2. For qualified laborers under Article 27 of
this Decree, the monthly retirement pension shall be calculated as provided for
in Clause 1 of this Article, which shall be then reduced by 1% for each year of
early retirement as provided for in Clause 1 and Clause 2, Article 26 of this
Decree.
3. The lowest monthly retirement pension is
equivalent to the common minimum salary.
4. The lump-sum allowance level shall be
calculated based on the number of years of paying social insurance premiums,
counting from the thirty-first year on for men and the twenty-sixth year on for
women. For each year of paying social insurance premiums, laborers are entitled
to 0.5 of the average of the monthly salary or remuneration on which social
insurance premiums are based.
5. When calculating the monthly retirement
pension and the lump-sum allowance upon retirement specified in Clauses 1, 2 and
4 of this Article, if the period of paying social insurance premiums has less
than 3 odd months, these months shall not be counted; if it has between full 3
odd months and full 6 odd months, these months shall be counted as half year;
if it has between more than 6 odd months and full 12 odd months, these months
shall be counted as one year.
Article 29.- Retirement
pensions shall be adjusted on the basis of the rise in cost-of-living index and
economic growth. The Ministry of Labor, War Invalids and Social Affairs shall
assume the prime responsibility for, and coordinate with the Ministry of
Finance in studying the adjustment level in each period and submit it to the
Government for stipulation.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Laborers are entitled to a lump-sum social
insurance benefit when falling into one of the following cases:
a/ They reach the retirement age specified in
Article 26 of this Decree while having paid social insurance premiums for less
than 20 years;
b/ They suffer a working capacity decrease of at
least 61% while having paid social insurance premiums for less than 20 years;
c/ They discontinue paying social insurance
premiums after a 12-month leave and request a lump-sum social insurance benefit
while having paid social insurance premiums for less than 20 years;
d/ They settle abroad.
2. The level of lump-sum social insurance
benefit shall be calculated based on the number of years of paying social
insurance premiums; for each year, laborers are entitled to one month and a
half of the average of the monthly salary or remuneration on which social
insurance premiums are based.
3. When calculating the level of lump-sum social
insurance benefit, if the period of paying social insurance premiums has some
odd months, these months shall be counted according to Clause 5, Article 28 of
this Decree.
Article 31.- The
average of monthly salaries or remuneration on which social insurance premiums
are based for calculation of retirement pension and lump-sum allowance under
Article 58, Article 59 and Article 60 of the Law on Social Insurance is
specified as follows:
1. For laborers participating in social
insurance before January 1, 1995:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ For laborers having the entire period of
paying social insurance premiums under the salary regime decided by their
employers, the calculation shall be based on the average of monthly salaries or
remuneration on which social insurance premiums are based in the entire period.
c/ For laborers who have both a period of paying
social insurance premiums under the salary regime set by the State and a period
of paying social insurance premiums under the salary regime decided by their
employers, the calculation shall be based on the average of monthly salaries or
remuneration on which social insurance premiums are based in these periods, in
which for the period of paying social insurance premiums under the salary
regime set by the State, the calculation shall be based on the average of
monthly salaries on which social insurance premiums are based according to
Point a of this Article. If this period is less than five years, the
calculation shall be based on the average of monthly salaries of the months of
paying social insurance premiums.
2. For laborers participating in social
insurance from January 1, 1995, to before January 1, 2007:
a/ For laborers subject to the salary regime set
by the State and having the entire period of paying social insurance premiums under
this salary regime, the calculation shall be based on the average of monthly
salaries in the years of paying social insurance premiums before their
retirement as follows:
- If they paid social insurance premiums for the
period from January 1, 1995, to December 31, 2000, the calculation shall be
based on the average of monthly salaries on which social insurance premiums are
based in the last 6 years before their retirement;
- If they paid social insurance premiums for the
period from January 1, 2001, to December 31, 2006, the calculation shall be
based on the average of monthly salaries on which social insurance premiums are
based in the last 8 years before their retirement.
b/ For laborers having the entire period of
paying social insurance premiums under the salary regime decided by their
employers, the calculation shall be based on the average of monthly salaries or
remuneration on which social insurance premiums are based in the entire period;
c/ For laborers with both a period of paying
social insurance premiums under the salary regime set by the State and a period
of paying social insurance premiums under the salary regime decided by their
employers, the calculation shall be based on the average of monthly salaries or
remuneration on which social insurance premiums are based in these periods, in
which for the period of paying social insurance premiums under the salary
regime set by the State, the calculation shall be based on the average of
monthly salaries on which social insurance premiums are based according to
Point a of this Clause. If the number of years is less than that stipulated at
Point a of this Clause, the calculation shall be based on the average of
monthly salaries of the months of paying social insurance premiums.
3. For laborers participating in social
insurance from January 1, 2007 on:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ For laborers having the entire period of
paying social insurance premiums under the salary regime decided by their
employers, the calculation shall be based on the average of monthly salaries or
remuneration on which social insurance premiums are based in the entire period;
c/ For laborers with both a period of paying
social insurance premiums under the salary regime set by the State and a period
of paying social insurance premiums under the salary regime decided by their
employers, the calculation shall be based on the average of monthly salaries or
remuneration on which social insurance premiums are based in these periods, in
which for the period of paying social insurance premiums under the salary
regime set by the State, the calculation shall be based on the average of
monthly salaries on which social insurance premiums are based according to
Point a of this Clause 1. If this period is less than 10 years, the calculation
shall be based on the average of monthly salaries of the months of paying
social insurance premiums.
Article 32.- Adjustment
of salaries and remuneration for which social insurance premiums have been paid
under Clause 2, Article 61 of the Law on Social Insurance is specified as
follows:
Salaries and remuneration for which social
insurance premiums have been paid, which serve as the basis for calculation of
the average of monthly salaries or remuneration on which social insurance premiums
are based for laborers subject to the salary regime decided by their employers
shall be adjusted on the basis of the cost-of-living index of each period.
The Ministry of Labor, War Invalids and Social
Affairs shall assume the prime responsibility for, and coordinate with the
Ministry of Finance in, studying the adjustment level in each period and submit
it to the Government for stipulation.
Article 33.- Suspension
from enjoyment of monthly retirement pension or social insurance allowance
under Article 62 of the Law on Social Insurance is specified as follows:
1. Laborers enjoying a monthly retirement
pension or social insurance allowance shall be suspended from enjoying this
retirement pension or social insurance allowance in one of the following cases:
a/ They are subject to an imprisonment sentence,
which is not suspended;
b/ They illegally leave the country;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. Laborers who have completely served an
imprisonment sentence, who return after being declared missing by the court or
who lawfully return and settle in the country after leaving the country will
continue enjoying their monthly retirement pension or social insurance
allowance.
Article 34.- Persons on
monthly retirement pension are entitled to health insurance assured by the
social insurance fund.
Section 5. SURVIVORSHIP
REGIME
Article 35.- Funeral
allowance under Clause 1, Article 63 of the Law on Social Insurance is
specified as follows:
When the following subjects die, the persons who
take care of their funeral are entitled to a funeral allowance equivalent to 10
months' common minimum salary:
1. Laborers specified in Article 2 of this
Decree, who are paying social insurance premiums;
2. Laborers who reserve a period of paying
social insurance premiums;
3. Persons who are on retirement pension,
monthly labor accident or occupational disease allowance and have stopped
working.
Article 36.- Cases of
eligibility for monthly survivorship allowance under Article 64 of the Law on
Social Insurance are specified as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ They have paid social insurance premiums for
full 15 years or more but have not yet received a lump-sum social insurance
benefit;
b/ They are on retirement pension;
c/ They die of a labor accident or an
occupational disease (even during first-time treatment);
d/ They are on monthly labor accident or occupational
disease allowance for a working capacity decrease of at least 61%.
2. Relatives of the subjects specified in Clause
1 of this Article who are eligible for monthly survivorship allowance include:
a/ Children of under 15 years old (including natural
children, lawfully adopted children, out-of-wedlock children recognized by law
or natural children born after their fathers die); children of under 18 who are
still going to school; children of full 15 years or older who suffer a working
capacity decrease of at least 81%;
b/ Wives of full 55 years or older or husbands
of full 60 years or older; wives of under 55 years old or husbands of under 60
years old who suffer a working capacity decrease of at least 81%;
c/ Natural fathers, natural mothers, fathers-in-law,
mothers-in-law, other persons whom these subjects are obliged to nurture, who
are full 60 years or older for men or full 55 years or older for women;
d/ Natural fathers, natural mothers,
fathers-in-law, mothers-in-law, other persons whom these subjects are obliged
to nurture, who are under 60 years old for men or under 55 years old for women
and suffer a working capacity decrease of at least 81%.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 37.- Levels of
monthly survivorship allowance under Article 65 of the Law on Social Insurance
are specified as follows:
1. The monthly survivorship allowance for each
relative specified in Clause 2, Article 36 of this Decree is equivalent to 50%
of the common minimum salary;
A relative who has no direct raiser is entitled
to a monthly survivorship allowance equivalent to 70% of the common minimum
salary.
2. For one dead person who is specified in
Clause 1, Article 36 of this Decree, the number of relatives entitled to a
monthly survivorship allowance shall not exceed 4; in case of 2 or more dead
persons, their relatives are entitled to 2 times the allowance specified in
Clause 1 of this Article.
3. The duration during which a relative enjoys a
monthly survivorship allowance begins on the month following the month the
subject specified in Clause 1, Article 36 of this Decree dies.
Article 38.- Cases of
eligibility for lump-sum survivorship allowance under Article 66 of the Law on
Social Insurance are specified as follows:
When the subjects specified in Article 35 of
this Decree, who fall into one of the following cases, die, their relatives are
entitled to a lump-sum survivorship allowance:
1. The dead persons do not fall into the
subjects specified in Clause 1, Article 36 of this Decree.
2. The dead persons fall into one of the
subjects specified in Clause 1 of Article 36 of this Decree but have no
relative eligible for monthly survivorship allowance under Clause 2, Article 36
of this Decree.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. The levels of lump-sum survivorship allowance
for relatives of laborers who are paying social insurance premiums or laborers
who reserve a period of paying social insurance premiums shall be calculated
based on the number of years of paying social insurance premiums, with each
year equivalent to one and a half month of the average of monthly salaries or
remuneration on which social insurance premiums are based; the lowest level is
equivalent to 3 months' average monthly salary or remuneration on which social
insurance premiums are based.
2. The levels of lump-sum survivorship allowance
for relatives of laborers who are on retirement pension before their death
shall be calculated based on the period of enjoying retirement pension. If they
die within the first 2 months of enjoying the retirement pension, the allowance
level is equivalent to 48 months of the retirement pension they are enjoying;
if they die in subsequent months, for each additional month receiving the
retirement pension, the allowance level is reduced by 0.5 of the monthly
retirement pension; the lowest level is equivalent to 3 months of the currently
enjoyed retirement pension before death.
Article 40.-
Calculation of the retirement regime and survivorship allowance regime for
persons who paid voluntary social insurance premiums then
paid compulsory social insurance premiums under Article 68 of the Law on Social
Insurance is specified as follows:
1. For laborers who paid voluntary social
insurance premiums then paid compulsory social insurance premiums, the
calculation of their retirement regime or survivorship allowance regime shall be
based on the period of paying voluntary social insurance premiums plus the
period of paying compulsory social insurance premiums.
2. For laborers specified in Clause 1 of this
Article, the Ministry of Labor, War Invalids and Social Affairs shall guide the
way of calculating the average of monthly salaries or remuneration or the
average of monthly incomes on which social insurance premiums are based.
Chapter III
SOCIAL INSURANCE FUNDS
Section 1. SOURCES OF
FORMATION OF FUNDS
Article 41.- Sources
for formation of the funds and component funds under Article 88 and Article 89
of the Law on Social Insurance are specified as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2. The labor accident and occupational disease
fund is formed from contributions from employers which are equivalent to 1% of the
funds of laborers' salaries and remuneration on which social insurance premiums
are based.
3. The retirement and survivorship allowance
fund is formed from the following sources:
a/ Social insurance premiums paid by laborers at
levels specified in Article 43 of this Decree;
b/ Premiums paid by employers under Article 43
of this Decree;
c/ Funds transferred by the State from its
budget to the social insurance fund to ensure full payment of retirement
pensions and social insurance allowances to persons who enjoy retirement
pensions and social insurance allowances before January 1, 1995; and payment of
social insurance premiums for the working period before January 1, 1995, for
laborers specified in Clause 4, Article 139 of the Law on Social Insurance.
4. Profits from activities of investment from
the fund.
5. The State's supports.
6. Other lawful sources of revenues.
Section 2. LEVELS AND MODES
OF PAYMENT
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Monthly, laborers specified in Clauses 1, 2,
3 and at Point b, Clause 4, Article 2 of this Decree shall pay social insurance
premiums into the retirement and survivorship allowance fund as follows:
a/ From January 2007 to December 2009, they
shall pay social insurance premiums equivalent to 5% of the salaries or
remuneration on which social insurance premiums are based;
b/ From January 2010 to December 2011, they
shall pay social insurance premiums equivalent to 6% of the salaries or
remuneration on which social insurance premiums are based;
c/ From January 2012 to December 2013, they
shall pay social insurance premiums equivalent to 7% of the salaries or
remuneration on which social insurance premiums are based;
d/ From January 2014 on, they shall pay social
insurance premiums equivalent to 8% of the salaries or remuneration on which
social insurance premiums are based.
2. Laborers enjoying salaries or remuneration
according to production or business cycles in agricultural, forestry, fishery
or salt-making enterprises shall pay monthly social insurance premium at the
level specified in Clause 1 of this Article.
Payment shall be made on a monthly, quarterly or
biannual basis.
3. The levels and modes of payment by laborers
specified at Point a, Point c, Clause 4, Article 2 of this Decree are specified
as follows:
a/ Levels of monthly payment into the retirement
and survivorship allowance fund:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
- From January 2010 to December 2011, laborers
shall pay social insurance premiums equivalent to 18% of the salaries or
remuneration they receive before going to work abroad on which social insurance
premiums are based;
- From January 2012 to December 2013, laborers
shall pay social insurance premiums equivalent to 20% of the salaries or
remuneration they receive before going abroad on which social insurance
premiums are based;
- From January 2014 on, they shall pay social
insurance premiums equivalent to 22% of the salaries or remuneration they
receive before going to work abroad on which social insurance premiums are
based.
b/ Payment shall be made on a quarterly,
biannual or annual basis or in a lump sum based on the term indicated in the
contracts on sending laborers to work abroad. Enterprises and non-business
organizations that send laborers to work abroad shall collect and pay social
insurance premiums for these laborers and register the mode of payment with the
social insurance organizations or laborers shall pay social insurance premiums
through agencies, organizations or units where they participate in social
insurance or directly to the social insurance organization of the place where
they reside before going to work abroad.
When laborers have their contracts extended or
renewed right in the host country, they shall pay social insurance premiums by
the modes specified in this Article or pay them to the social insurance
organization after returning home.
Article 43.- Levels and
modes of payment by employers under Clause 1 and Clause 3, Article 92 of the
Law on Social Insurance are specified as follows:
1. Monthly, employers shall make payments
calculated on the funds of monthly salaries and remuneration on which social
insurance premiums are based and which are paid to laborers specified in
Clauses 1, 2 and 3 and at Point b, Clause 4, Article 2 of this Decree as
follows:
a/ Three per cent into the sickness and
maternity fund, of which 2% shall be withheld by employers to pay in time to
laborers entitled to the regime specified in Section 1 and Section 2, Chapter
II of this Decree. Employer shall finalize this amount on a quarterly basis
with social insurance organizations, specifically as follows:
- If the finalized amount is smaller than the
withheld amount, the balance shall be refunded to the social insurance fund in
the first months of the subsequent quarter.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ One per cent into the labor accident and
occupational disease fund;
c/ Payments into the retirement and survivorship
allowance fund are as follows:
- From January 2007 to December 2009: 11%;
- From January 2010 to December 2011: 12%;
- From January 2012 to December 2013: 13%;
- From January 2014 on: 14%.
2. Monthly, employers shall make payments
calculated under Clause 1 of this Article and make deductions from monthly
salaries and remuneration of their laborers at the levels specified in Clause
1, Article 42 of this Decree before remitting them at a time into social insurance
funds.
3. Employers of agricultural, forestry, fishery
or salt-making enterprises who pay salaries and remuneration according to
production or business cycles shall make monthly payments at the levels
specified in Clause 1 of this Article. Payments shall be made on a monthly,
quarterly or biannual basis as registered by employers with social insurance
funds.
Article 44.- Temporary
cessation of payment into the retirement and survivorship allowance fund under
Article 93 of the Law on Social Insurance is specified as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Meeting with difficulties and having to
temporarily stop production or business;
b/ Meeting with difficulties due to natural
disasters or crop failure.
2. Conditions:
a/ Employers falling into one of the cases
specified in Clause 1 of this Article are entitled to temporary cessation of
payment if meeting one of the following conditions:
- Being unable to arrange jobs for laborers of
whom insured laborers, who must temporarily cease working account for at least
50% of the total number of currently employed laborers before the temporary
cessation of production and business;
- Suffering from damage caused by natural
calamity, fire, epidemic or crop failure, which is worth more than 50% of total
assets (excluding the value of land).
b/ Payment can be temporarily ceased on a
monthly basis for no more than twelve months.
3. Competence to decide on temporary cessation
of payment:
a/ The Prime Minister decides, at the proposal
of the Ministry of Labor, War Invalids and Social Affairs, on temporary
cessation of payment for economic organizations established by the Prime
Minister;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Provincial-level state management agencies in
charge of social insurance decide on temporary cessation of payment for
employers managed by local administrations.
4. During the period of temporary cessation of
payment into the retirement and survivorship allowance fund, employers shall
still make payments into the sickness and maternity fund and the labor accident
and occupational disease fund. Laborers are entitled to sickness, maternity,
labor accident and occupational disease regimes according to regulations and
may, when meeting all conditions, retire under the retirement regime.
Article 45.- Monthly
salaries and remuneration on which compulsory social insurance premiums are
based are specified as follows:
1. For laborers subject to the salary regime set
by the State, their monthly salaries on which social insurance premiums are
based are their rank- or grade-based salaries and position allowances,
extra-seniority allowances or professional seniority allowances (if any).
These salaries shall be calculated on the basis
of the common minimum salary applicable at the time of payment.
2. For laborers paying social insurance premiums
according to the salary regime decided by their employers, their monthly
salaries on which social insurance premiums are based are the salaries or
remuneration stated in their labor contracts.
3. When the monthly salaries or remunerations
specified in Clauses 1 and 2 of this Article are higher than 20 months' common
minimum salary, the monthly salary or remuneration on which social insurance
premiums are based is equivalent to 20 months' common minimum salary level.
Section 3. USE AND MANAGEMENT
OF SOCIAL INSURANCE FUNDS
Article 46.- Use of
compulsory social insurance funds under Article 90 of the Law on Social
Insurance is specified as follows:
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ The sickness and maternity fund shall pay
indemnities under the sickness regime according to the provisions of Section 1
and under the maternity regime according to the provisions of Section 2,
Chapter II of this Decree;
b/ The labor accident and professional disease
fund shall pay indemnities under the labor accident and sickness regime
according to the provisions of Section 3, Chapter II of this Decree;
c/ The retirement and survivorship allowance
fund shall pay indemnities under the retirement regime according to the
provisions of Section 4 and under the survivorship allowance regime according
to the provisions of Section 5, Chapter II of this Decree.
2. Payment of health insurance premiums from
component funds, specifically as follows:
a/ The labor accident and occupational disease
fund shall pay social insurance premiums for persons who take leave and enjoy
monthly labor accident or occupational disease allowances;
b/ The retirement and survivorship allowance
fund shall pay health insurance premiums for pensioners.
3. The labor accident and occupational disease
fund shall pay rewards to employers who properly perform labor protection and
prevention of labor accidents and occupational diseases.
4. Expenses for social insurance management.
5. Investment to preserve and develop the fund
according to regulations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1. Annual compulsory social insurance management
costs shall be deducted from the profits from activities of investment from the
funds.
2. Compulsory social insurance management costs
shall be equivalent to management costs of state administrative agencies, covering
the following items:
a/ Regular expenses;
b/ Irregular expenses, including:
- Expenses for making social insurance books,
papers and forms and for collection and spending work;
- Expenses for overhaul and procurement of fixed
assets, scientific research and professional training.
Article 48.-
1. Annually, the state
budget shall grant to Vietnam Social Insurance sufficient and timely funds for
implementing social insurance and health insurance policies and regimes to the
subjects enjoying retirement pensions and social insurance allowances before
January 1, 1995, including the following items:
a/ Retirement pensions;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
c/ Allowances for persons suffering labor
accidents or occupational diseases; caretakers of persons suffering labor
accidents or occupational diseases; equipment and tools for persons suffering
labor accidents and occupational diseases;
d/ Allowances for rubber workers;
e/ Survivorship allowances and funeral costs;
f/ Health insurance premiums according to
regulations;
g/ Payment fees;
h/ Other expenses (if any).
2. Vietnam Social Insurance shall fully
implement the provisions of the State Budget Law on elaboration of estimates,
allocation of estimates and finalization of funds.
Article 49.- Activities
of investment from the social insurance fund are specified as follows:
1. Vietnam Social Insurance shall take measures
to preserve and develop the social insurance fund from temporarily idle money.
Activities of investment from the social insurance fund must ensure safety,
efficiency and recoverability when necessary.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
a/ Purchase of debentures, bonds and bills of
the State and state-owned commercial banks;
b/ Provision of loans to state-owned commercial
banks;
c/ Investment in key national economic projects;
d/ Investment in Prime Minister-decided projects
with great capital demands.
Article 50.- Financial
activities of the social insurance fund shall be subject to the supervision and
inspection by state management agencies in charge of finance and the audit by
the state audit agency.
Chapter IV
PROCEDURES FOR
IMPLEMENTING SOCIAL INSURANCE
Article 51.- Social
insurance books under Article 109 of the Law on Social Insurance are specified
as follows:
1. Social insurance books shall be granted by
Vietnam Social Insurance.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 52.- Grant of
social insurance books under Article 111 of the Law on Social Insurance is
specified as follows:
1. Within 30 days as from the date of concluding
a labor contract, a working or recruitment contract, the employer shall submit
social insurance participation dossiers to the social insurance organization as
provided for in Clause 1, Article 110 of the Law on Social Insurance.
2. The social insurance organization shall
receive dossiers and finalize the contents of social insurance books. Within 30
days after the date of receipt of the valid dossiers from employers, it shall
grant social insurance books to laborers. If refusing to grant a social
insurance book to a laborer, the social insurance organization shall give a
written reply clearly stating the reason for refusal.
Article 53.- Dossiers
for enjoyment of the maternity regime
1. For laborers currently having labor
relations, a dossier for enjoyment of the maternity regime after birth or
adoption of a child shall be compiled according to the provisions of Article
113 of the Law on Social Insurance.
2. For laborers no longer having labor
relations, a dossier for enjoyment of the maternity regime after birth or
adoption of a child comprises:
a/ The social insurance book;
b/ A copy of the written birth certification or
a copy of the birth certificate of the child or the death certificate in case
the newborn dies in childbirth.
When laborers adopt children of under four
months old, the law-specified certification is required.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Chapter V
COMPLAINTS AND
DENUNCIATIONS ABOUT SOCIAL INSURANCE
Article 55.-
Complainants about social insurance under Article 130 of the Law on Social
Insurance include:
1. Laborers specified in Article 2 of this
Decree.
2. Persons on monthly retirement pension or
social insurance allowance, persons currently reserving a period of paying
social insurance premiums, persons temporarily suspended from enjoying monthly
retirement pensions or social insurance allowances, persons enjoying lump-sum
survivorship allowances, persons who take care of funerals and other persons
with rights and interests related to social insurance.
3. Employers specified in Article 3 of this
Decree.
Article 56.-
Competence, order and procedures for settling complaints about social insurance
under Clause 2, Article 131 of the Law on Social Insurance are specified as
follows:
1. Competence to settle complaints about social
insurance:
a/ Employers or heads of social insurance
organizations at all levels shall settle first-time complaints about their social
insurance-related decisions or acts.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
b/ Directors of provincial-level Labor, War
Invalids and Social Affairs Services are competent to settle social
insurance-related complaints about complaint settlement decisions which are
issued by employers or heads of social insurance organizations but are
disagreed with by complainants or complaints which are not settled after the
expiration of the prescribed time limit while the complainants do not initiate
a lawsuit at a court during this time limit.
2. Order and procedures for lodging and settling
first-time complaints about social insurance.
a/ When discovering an illegal social
insurance-related decision or act which infringes upon his/her legitimate
rights and interests, the complainant shall send a written complaint to the
person or organization that has issued that decision or taken that act;
b/ Upon receiving a first-time written
complaint, the person or organization with the complained decision or act shall
consider, receive and settle the complaint;
c/ The statute of limitations and procedures for
lodging and the time limit for settling first-time complaints are in accordance
with the law on complaints and denunciations.
3. Order and procedures for lodging and settling
second-time complaints about social insurance.
a/ When a complainant disagrees with the
first-time complaint settlement decision or his/her first-time complaint is not
settled after the expiration of the prescribed time limit, the complainant may
lodge a complaint with the director of the provincial-level Labor, War Invalids
and Social Affairs Service or initiate a lawsuit at a court;
b/ If the complainant disagrees with the
complaint settlement decision of the director of the provincial-level Labor,
War Invalids and Social Affairs Service or his/her complaint is not settled
after the expiration of the prescribed time limit, he/she may initiate a
lawsuit at a court;
c/ The statute of limitations and procedures for
lodging and the time limit for settling second-time complaints are in
accordance with the law on complaints and denunciations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
IMPLEMENTATION PROVISIONS
Article 57.-
1. This Decree takes
effect 15 days after its publication in "CONG BAO."
The provisions of this Decree are implemented
from January 1, 2007.
2. This Decree replaces the Government's Decree
No. 12/CP of January 26, 1995, promulgating the Regulation on social insurance,
and Decree No. 01/2003/ND-CP of January 9, 2003, amending and supplementing a
number of articles of the Regulation on social insurance promulgated together
with the Government's Decree No. 12/CP of January 26, 1995.
3. To repeal the Government's Decree No.
61/2001/ND-CP of September 7, 2001, stipulating the retirement age of miners
and the compulsory social insurance provisions in Article 5 of the Government's
Decree No. 121/2003/ND-CP of October 21, 2003, on regimes and policies towards
commune, ward and township cadres and public employees.
4. The provisions of this Decree also apply to
laborers who are enterprise managers enjoying salaries and remuneration
according to the law on salaries and remuneration.
Article 58.-
1. Persons who are
enjoying monthly retirement pensions, working capacity loss allowances, labor
accident or occupational disease allowances or survivorship allowances and
persons suspended from enjoying social insurance due to their law offenses before
the effective date of this Decree will still comply with the previous
regulations and are entitled to the adjustment of the enjoyment levels in
accordance with the Government's regulations.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
3. Female laborers who give birth or laborers
who adopt children under four months old before January 1, 2007, persons who
receive medical treatment after suffering labor accidents or occupational
diseases and are discharged from hospital before January 1, 2007, will still
enjoy the regimes according to previous regulations.
4. Laborers who have paid social insurance
premiums for 15 years or more, have received decisions on their job cessation
pending their satisfaction of the age condition in order to enjoy retirement
pensions before January 1, 2003, will enjoy retirement pensions when they reach
full 60 years of age for men or full 55 years of age for women.
5. Laborers who reserve a period of paying
social insurance premiums before January 1, 2007, may enjoy lump-sum social
allowance benefits under the provisions of Article 30 of this Decree if they
are ineligible for enjoying retirement pensions.
6. Full-time commune cadres who stop holding
their positions before January 1, 2007, but have paid social insurance premiums
for full 10 years or more, have five years at most to reach the retirement age
and are voluntarily paying by themselves monthly social insurance premiums
equivalent to the total of premiums payable by laborer and employer on the
basis of their monthly salaries before they stop holding their positions into
the retirement and survivorship allowance fund of the social organization of
the place where they reside till they have full 15 years of paying social
insurance premiums and reach 60 years of age, for men, or full 55 years of age,
for women, will enjoy the retirement regime.
7. Laborers who stop working under the
Government's Decree No. 41/2002/ND-CP of April 11, 2002, on policies towards
laborers who are left redundant due to rearrangement of state enterprises
before January 1, 2007, have paid social insurance premiums for full 15 years
or more, have five years at most to reach the retirement age and are
voluntarily paying by themselves monthly social insurance premiums equivalent
to the total of premiums payable by laborer and employer on the basis of their
monthly salaries before they stop holding their positions into the retirement
and survivorship allowance fund of the social organization of the place where
they reside till they have an adequate period of paying social insurance
premiums and reach the retirement age will enjoy the retirement regime.
8. Spouses who, during the period of enjoying
the spousal regime at overseas Vietnamese agencies, previously participated in
compulsory social insurance, may continue paying monthly social insurance
premiums during their stay abroad at the level specified at Point a, Clause 3,
Article 42 of this Decree in order to enjoy the retirement and survivorship
allowance regime.
9. When determining the condition on the period
of paying social insurance premiums for enjoying the monthly retirement or
survivorship allowance regime, a year is counted only if it has full 12 months.
If a laborer lacks no more than 6 months of paying social insurance premiums,
he/she may further pay a lump-sum premium into the retirement and survivorship
allowance fund for the number of months he/she still lacks at the level
equivalent to the total of premiums payable by laborer and employer on the
basis of the monthly salary or remuneration before they stop working.
Article 59.-
1. For laborers who have
paid social insurance premiums for 15 years or more based on the salaries paid
for extremely heavy, hazardous or dangerous jobs or for heavy, hazardous or
dangerous jobs in the salary scale and table set by the State before switching
to other jobs and paying social insurance premiums based on lower salaries or
officers or professional army men in the people's army, professional and
technical officers in the people's police, cipher officers who are salaried
like people's army or police personnel before switching to work in agencies,
organizations, units or enterprises where they are subject to the salary regime
set by the State and pay social insurance premiums based on lower salaries,
when they retire, the highest salary they received during the years of doing
extremely heavy, hazardous or dangerous jobs or for heavy, hazardous or
dangerous jobs or the rank- or position-based salary and seniority allowance
(if any) before they moved to other branches corresponding to the number of
years specified in Article 31 of this Decree will be used to calculate the
average of salaries serving as a basis for calculating the retirement pensions
they enjoy.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
Article 60.-
1. The Ministry of Labor,
War Invalids and Social Affairs shall guide the implementation of this Decree.
2. The Ministry of Health shall guide the
assessment of the working capacity decrease of laborers.
Article 61.- Ministers,
heads of ministerial-level agencies, heads of government-attached agencies and
presidents of People's Committees of provinces and centrally run cities shall implement
this Decree.