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THE NATIONAL
ASSEMBLY
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No: 58/2014/QH13
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Hanoi, November
20, 2014
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LAW
ON SOCIAL INSURANCE
Pursuant to the Constitution
of the Socialist Republic of Vietnam;
The National Assembly
promulgates the Law on Social Insurance.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
of regulation
This Law provides for social
insurance regimes and policies; the rights and responsibilities of employees
and employers; agencies, organizations and individuals involved in social
insurance, representative organizations of employee collectives and employers’
representative organizations; social insurance agencies; social insurance
funds; and procedures for social insurance implementation, and state management
of social insurance.
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1. Employees being Vietnamese
citizens shall be covered by compulsory social insurance, including:
a/ Persons working under
indefinite-term labor contracts, definite-term labor contracts, seasonal labor
contracts or contracts for given jobs with a term of between full 3 months and
under 12 months, including also labor contracts signed between employers and
at-law representatives of persons aged under 15 years in accordance with the
labor law;
b/ Persons working under labor
contracts with a term of between full 1 month and under 3 months;
c/ Cadres, civil servants and
public employees;
d/ Defense workers, public
security workers and persons doing other jobs in cipher organizations;
dd/ Officers and professional
army men of the people's army; officers and professional non-commissioned
officers and officers and technical non- commissioned officers of the people's
public security; and persons engaged in cipher work and enjoying salaries like
army men;
e/ Non-commissioned officers
and soldiers of the people’s army; non- commissioned officers and soldiers on
definite-term service in the people’s public security; army, public security
and cipher cadets who are entitled to cost- of-living allowance;
g/ Vietnamese guest workers
defined in the Law on Vietnamese Guest Workers;
h/ Salaried managers of
enterprises and cooperatives;
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2. Employees who are foreign
citizens working in Vietnam with work permits or practice certificates or
practice licences granted by competent Vietnamese agencies shall be covered by
compulsory social insurance under the Government’s regulations.
3. Employers covered by compulsory
social insurance include state agencies, non-business units and people's armed
forces units; political organizations, socio-political organizations,
socio-politico-professional organizations, socio-professional organizations and
other social organizations; foreign agencies and organizations, and
international organizations operating in the Vietnamese territory; enterprises,
cooperatives, individual business households, cooperative groups, and other
organizations and individuals that hire or employ employees under labor
contracts.
4. Persons covered by voluntary
social insurance are Vietnamese citizens aged full 15 years or older and not
defined in Clause 1 of this Article.
5. Agencies, organizations and
individuals involved in social insurance.
The subjects defined in Clauses
1, 2 and 4 of this Article are below collectively referred to as employees.
Article 3. Interpretation
of terms
In this Law, the terms below
are construed as follows:
1. Social insurance means
the guarantee to fully or partially offset an employee’s income that is reduced
or lost due to his/her sickness, maternity, labor accident, occupational
disease, retirement or death, on the basis of his/her contributions to the
social insurance fund.
2. Compulsory social
insurance means a form of social insurance organized by the State in which
employees and employers are required to participate.
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4. Social insurance fund is
a financial fund which is independent from the state budget and set up by
contributions from employees and employers and with the State's support.
5. Period of social
insurance premium payment means a period counted from the time an employee
starts paying social insurance premiums to the time he/she stops such payment.
In case an employee pays social insurance premiums in interrupted periods,
his/her period of social insurance premium payment is the total of such
periods.
6. Relative means an
insured’s natural child, adopted child, spouse, natural father, natural mother,
adoptive father, adoptive mother, father-in-law or mother- in-law, or another
family member whom the insured is obliged to nurture in accordance with the law
on marriage and family.
7. Supplementary retirement
scheme is a voluntary social insurance policy aiming to supplement the
retirement regime under compulsory social insurance, which is formed by
contributions from employees and employers in the form of personal savings
accounts, and preserved and accumulated through investment activities in
accordance with law.
Article 4. Social
insurance regimes
1. Compulsory social insurance
covers the following regimes:
a/ Sickness;
b/ Maternity;
c/ Labor accident and
occupational disease;
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dd/ Survivorship allowance.
2. Voluntary social insurance
covers the following regimes:
a/ Retirement;
b/ Survivorship allowance.
3. The supplementary retirement
scheme shall be stipulated by the Government.
Article 5. Social
insurance principles
1. Levels of social insurance
allowances shall be calculated based on the social insurance premium rate, the
premium payment period and the sharing among the insured.
2. The compulsory social
insurance premium rate shall be calculated based on an employee’s monthly
salary. The voluntary social insurance premium rate shall be calculated based
on the monthly income selected by employees.
3. Employees who pay both
compulsory and voluntary social insurance premiums are entitled to the
retirement regime and survivorship allowance regime based on their period of
social insurance premium payment. The period of social insurance premium
payment already calculated for enjoying a lump-sum social insurance allowance
shall not be included in the period used to calculate social insurance regimes.
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5. Social insurance shall be
implemented in a simple, easy and convenient manner, promptly and fully
ensuring the interests of the insured.
Article 6. State
policies on social insurance
1. To encourage and create
conditions for agencies, organizations and individuals to participate in social
insurance.
2. To provide support for
voluntary social insurance participants.
3. To protect the social
insurance fund and take measures to preserve and develop the fund.
4. To encourage employers and
employees to participate in the supplementary retirement scheme.
5. To prioritize investment in
the development of information technology for social insurance management.
Article 7. Contents
of state management of social insurance
1. To promulgate, and organize
the implementation of, legal documents, strategies and policies on social
insurance.
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3. To perform statistical and
information work on social insurance.
4. To organize the apparatus
for social insurance implementation; to train human resources for social
insurance work.
5. To manage the collection,
payment, preservation, development and balancing of the social insurance fund.
6. To inspect and examine the
observance of the law on social insurance; to settle complaints and
denunciations and handle violations of the law on social insurance.
7. To carry out international
cooperation on social insurance.
Article 8. State
management agencies in charge of social insurance
1. The Government shall perform
the unified state management of 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.
3. Ministries and
ministerial-level agencies shall, within the ambit of their tasks and powers,
perform the state management of social insurance.
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5. People’s Committees at all
levels shall perform the state management of social insurance within their
localities as decentralized by the Government.
Article 9. Modernization
of social insurance management
1. The State shall encourage
investment in the development of advanced technologies and technical equipment
for social insurance management and implementation.
2. By 2020, the national
e-database on social insurance management shall be completely built and put into
operation.
Article
10. Social insurance-related responsibilities of the Minister of
Labor, Invalids, and Social
Affairs
1. To formulate strategies,
master plans and plans on social insurance development.
2. To formulate policies and
law on social insurance; to submit to competent state agencies for promulgation
or promulgate within his/her competence legal documents on social insurance.
3. To develop and submit to the
Government development targets for social insurance participants.
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5. To direct, guide, and
organize the implementation of, policies and law on social insurance.
6. To inspect, examine, handle
violations and settle complaints and denunciations about social insurance,
except those specified in Clause 2, Article 11 of this Law.
7. To submit to the Government
for decision handling measures in cases of necessity to protect employees’
legitimate rights and interests related to social insurance.
8. To perform statistical and
information work on social insurance.
9. To organize training in
social insurance.
10. To organize scientific
research and international cooperation on social insurance.
11. To annually report on the
implementation of social insurance to the Government.
Article
11. Social insurance-related responsibilities of the Minister of Finance
1. To formulate and submit to
competent state agencies for promulgation or promulgate within his/her
competence financial management mechanisms for social insurance and expenses
for social insurance management.
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3. To send annual reports on
the management and use of social insurance funds to the Minister of Labor, War
Invalids and Social Affairs for summarization and reporting to the Government.
Article
12. Social insurance-related responsibilities of People’s Committees at all
levels
1. To direct and organize the
implementation of policies and law on social insurance.
2. To set development targets
for social insurance participants for inclusion in annual socio-economic
development plans and submit them to same- level People’s Councils for
decision.
3. To propagate and disseminate
policies and law on social insurance.
4. To inspect, examine, handle
violations, and settle complaints and denunciations about social insurance.
5. To propose to competent
state agencies amendments and supplements to policies and law on social
insurance.
Article
13. Social insurance inspection
1. The labor, war invalid and
social affairs inspectorate shall perform the function of specialized
inspection of the implementation of policies and law on social insurance in
accordance with the inspection law.
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3. Social insurance agencies
shall perform the function of specialized inspection of the payment of social
insurance, unemployment insurance and health insurance premiums in accordance
with this Law and other relevant laws.
4. The Government shall detail
this Article.
Article
14. Rights and responsibilities of trade union organizations and the
Vietnam Fatherland Front and its member organizations
1. Trade union organizations
have the following rights:
a/ To protect the lawful and
legitimate rights and interests of insured employees;
b/ To request employers and
social insurance agencies to provide information on employees’ social
insurance;
c/ To supervise the
implementation, and propose competent agencies to handle violations, of the law
on social insurance;
d/ To initiate lawsuits at a
court against violations of the law on social insurance which affect the lawful
rights and interests of employees and employee collectives under Clause 8,
Article 10 of the Trade Union Law.
2. Trade union organizations
have the following responsibilities:
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b/ To participate in inspecting
and examining the implementation of the law on social insurance;
c/ To propose and participate
in the elaboration, revision and supplementation of policies and law on social
insurance.
3. The Vietnam Fatherland Front
and its member organizations shall, within the ambit of their functions and
tasks, conduct public information work and mobilize their members and people to
implement policies and law on social insurance and proactively participate in
social insurance in forms suitable to them and their families; participate in
the protection of the lawful and legitimate rights and interests of their
members; provide social counter-arguments for and join state agencies in the
formulation of policies and law on social insurance; and supervise the
implementation of policies and law on social insurance in accordance with law.
Article
15. Rights and responsibilities of employers’ representative organizations
1. Employers’ representative
organizations have the following rights:
a/ To protect the lawful rights
and interests of the insured employers;
b/ To propose competent state
agencies to handle violations of the law on social insurance.
2. Employers’ representative
organizations have the following responsibilities:
a/ To propagate and disseminate
policies and law on social insurance to employers;
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c/ To propose and participate
in the formulation, revision and supplementation of policies and law on social
insurance.
Article
16. Reporting and audit regimes
1. Annually, the Government
shall report to the National Assembly on the implementation of policies and law
on social insurance, and the management and use of the social insurance fund.
2. Once every three years, the
State Audit Office shall audit the social insurance fund and report on audit
results to the National Assembly. At the request of the National Assembly, the
National Assembly Standing Committee or the Government, the social insurance
fund shall be audited unexpectedly.
Article
17. Prohibited acts
1. Shirking the payment of
compulsory social insurance or unemployment insurance premiums.
2. Delaying the payment of
social insurance or unemployment insurance premiums.
3. Appropriating social
insurance or unemployment insurance premiums or allowances.
4. Falsifying or forging
dossiers in the implementation of social insurance or unemployment insurance.
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6. Causing obstacles or
troubles to, or harming the lawful and legitimate rights and interests of,
employees or employers.
7. Illegally accessing or
exploiting the database on social insurance or unemployment insurance.
8. Making untruthful reports or
providing inaccurate information or data on social insurance or unemployment
insurance.
Chapter
II
RIGHTS AND
RESPONSIBILITIES OF EMPLOYEES, EMPLOYERS AND SOCIAL INSURANCE AGENCIES
Article
18. Rights of employees
1. To participate in social
insurance and enjoy social insurance regimes in accordance with this Law.
2. To be granted and manage
social insurance books.
3. To fully and promptly
receive pensions and social insurance allowances in one of the following forms:
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b/ Via their deposit accounts
opened at banks;
c/ Through employers.
4. To enjoy health insurance in
the following cases:
a/ Being on pension;
b/ Taking leave on maternity allowance
for childbirth or child adoption;
c/ Taking leave on monthly
labor accident or occupational disease allowance;
d/ Being on sickness allowance,
for employees who suffer a disease on the Ministry of Health-issued list of
diseases requiring long-term treatment.
5. To take medical assessment
of their working capacity decrease, if they fall in the case specified at Point
b, Clause 1, Article 45 of this Law and have their period of social insurance
premium payment reserved; not to pay medical assessment costs if they are
eligible to social insurance.
6. To authorize others to
receive pensions or social insurance allowances.
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8. To lodge complaints or
denunciations or initiate lawsuits about social insurance in accordance with
law.
Article
19. Responsibilities of employees
1. To pay social insurance
premiums in accordance with this Law.
2. To comply with regulations
on making of social insurance dossiers.
3. To preserve social insurance
books.
Article
20. Rights of employers
1. To reject requests which are
contrary to the law on social insurance.
2. To lodge complaints or
denunciations or initiate lawsuits about social insurance in accordance with
law.
Article
21. Responsibilities of employers
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2. To pay social insurance
premiums under Article 86, and make monthly deductions from employees’ salaries
under Clause 1, Article 85, of this Law for simultaneous payment to the social
insurance fund.
3. To introduce employees
defined at Point a, Clause 1, in Clause 2, Article 45, or in Article 55, of
this Law to the Medical Assessment Council for assessment of their working
capacity decrease.
4. To coordinate with social
insurance agencies in paying social insurance allowances to employees.
5. To coordinate with social
insurance agencies in returning social insurance books to and certifying
periods of social insurance premium payment for employees who terminate labor
contracts or working contracts or cease working in accordance with law.
6. To provide accurate,
sufficient and prompt information and documents relating to the payment of social
insurance premiums and enjoyment of social insurance at the request of
competent state management agencies or social insurance agencies.
7. Every 6 months, to post up
information on the payment of social insurance premiums for employees; to
provide information on employees’ payment of social insurance premiums at the
request of employees or trade union organizations.
8. Annually, to post up
information on employees’ payment of social insurance premiums provided by
social insurance agencies under Clause 7, Article 23 of this Law.
Article
22. Rights of social insurance agencies
1. To organize the management
of personnel, finance and assets in accordance with law.
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3. To request employers to
produce labor management books, salary tables and other information and
documents relating to the payment of social insurance, unemployment insurance
and health insurance premiums and enjoyment of social insurance, unemployment
insurance or health insurance.
4. To be provided by enterprise
registration agencies or agencies granting operation certificates or operation
licenses with copies of enterprise registration certificates, operation
licenses, operation certificates or establishment decisions in order to
register employees covered by social insurance and health insurance, for newly
established enterprises and organizations.
5. Every 6 months, to be provided
by local state management agencies in charge of labor with information on
employment and change of employees in localities.
6. To be provided by tax
agencies with tax identification numbers of employers; to be annually provided
with information on employers’ salary expenses used for tax calculation.
7. To examine the
implementation of social insurance policies; to conduct specialized inspection
of the payment of social insurance, unemployment insurance and health insurance
premiums.
8. To propose to competent
state agencies the formulation, revision and supplementation of policies and
laws on social insurance, unemployment insurance and health insurance and the
management of social insurance, unemployment insurance and health insurance
funds.
9. To handle, or propose
competent state agencies to handle, violations of the laws on social insurance,
unemployment insurance and health insurance.
Article
23. Responsibilities of social insurance agencies
1. To propagate and disseminate
policies and laws on social insurance, unemployment insurance and health
insurance.
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3. To collect social insurance,
unemployment insurance and health insurance premiums and pay social insurance,
unemployment insurance and health insurance allowances in accordance with law.
4. To grant social insurance
books to employees; to manage social insurance books after settling the
retirement regime or survivorship allowance regime for employees.
5. To receive social insurance
and health insurance dossiers; to settle social insurance and health insurance
regimes; to pay pensions and social insurance and unemployment insurance
allowances in a full, convenient and timely manner.
6. To annually certify periods
of social insurance premium payment for each employee; to fully and promptly
provide information on the payment of social insurance premiums, the right to
social insurance regimes, and procedures for social insurance implementation at
the request of employees, employers or trade union organizations.
7. To annually provide
information on employees’ payment of social insurance premiums to employers to
posting.
8. To apply information
technology to social insurance management; to archive the insured’s dossiers in
accordance with law.
9. To manage and use social
insurance, unemployment insurance and health insurance funds in accordance with
law.
10. To take measures to
preserve and develop social insurance, unemployment insurance and health
insurance funds under decisions of the Management Board of Vietnam Social
Security.
11. To perform statistical and
financial accounting work on social insurance, unemployment insurance and health
insurance.
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13. To report to the Management
Board of Vietnam Social Security every 6 months and to the Ministry of Labor,
War Invalids and Social Affairs every year on the implementation of social
insurance and unemployment insurance; to report to the Ministry of Health on
the implementation of health insurance; to report to the Ministry of Finance on
the management and use of social insurance, unemployment insurance and health
insurance funds.
Annually, local social
insurance agencies shall report to same-level People’s Committees on the
implementation of social insurance, unemployment insurance and health insurance
in localities under their management.
14. To publicize in the mass
media employers that violate the obligation to pay social insurance,
unemployment insurance or health insurance premiums.
15. To provide relevant
documents and information at the request of competent state agencies.
16. To settle complaints and
denunciations about the implementation of social insurance, unemployment
insurance and health insurance in accordance with law.
17. To carry out international
cooperation on social insurance, unemployment insurance and health insurance.
Chapter
III
COMPULSORY SOCIAL
INSURANCE
Section 1.
SICKNESS REGIME
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The sickness regime covers
employees defined at Points a, b, c, d, dd and h, Clause 1, Article 2 of this
Law.
Article
25. Conditions for enjoying the sickness regime
1. Employees who have to take
leave due to sickness or accidents other than labor accidents, with the
certification of a competent health establishment under the Ministry of
Health’s regulations.
The sickness regime does not
cover employees who take leave due to sickness or accidents as a result of
self-infliction, drunkenness or use of narcotics or narcotic precursors on the
Government-prescribed list.
2. Employees who have to take
leave for caring for sick children aged under 7 years, with the certification
of a competent health establishment.
Article
26. Period of enjoying the sickness regime
1. The maximum period of
enjoying the sickness regime in a year for employees defined at Points a, b, c,
d and h, Clause 1, Article 2 of this Law shall be counted in working days,
excluding public holidays, New Year holidays and weekends, and is specified as
follows:
a/ For employees working under
normal conditions, this period is 30 days, if they have paid social insurance premiums
for under 15 years; 40 days, if they have paid social insurance premiums for
between full 15 years and under 30 years; or 60 days, if they have paid social
insurance premiums for full 30 years or more;
b/ For employees doing heavy,
hazardous or dangerous occupations or jobs extremely heavy, hazardous or
dangerous occupations or jobs on the list issued by the Ministry of Labor, War
Invalids and Social Affairs, or working in areas with a region-based allowance
coefficient of 0.7 or higher, this period is 40 days, if they have paid social
insurance premiums for under 15 year; 50 days, if they have paid social
insurance premiums for between full 15 years and under 30 years; or 70 days, if
they have paid social insurance premiums for full 30 years or more.
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a/ 180 days at most in a year,
including public holidays, New Year holidays and weekends;
b/ If employees still need
treatment after the expiration of the period specified at Point a of this
Clause, they are entitled to continue enjoying the sickness regime for a
shorter period not exceeding the period of social insurance premium payment.
3. The period of enjoying the
sickness regime for employees defined at Point dd, Clause 1, Article 2 of this
Law shall be based on the period of treatment at a competent health
establishment.
Article
27. Leave period upon sickness of children
1. The leave period upon
sickness of a child in a year shall be calculated based the number of days of
care for the sick child, which must not exceed 20 working days, if the child is
under 3 years old, or must not exceed 15 working days, if the child is between
full 3 years and under 7 years old.
2. When both parents are
covered by social insurance, the leave period of the father or mother upon
sickness of a child must be as stipulated in Clause 1 of this Article.
The leave period upon sickness
of children specified in this Article shall be counted in working days,
excluding public holidays, New Year holidays and weekends.
Article
28. Allowance levels of the sickness regime
1. Employees entitled to the
sickness regime prescribed in Clause 1, or at Point a, Clause 2, Article 26, or
in Article 27, of this Law are entitled to a monthly allowance equal to 75% of
the salary of the month preceding their leave on which social insurance
premiums are based.
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2. For employees who continue
enjoying the sickness regime prescribed at Point b, Clause 2, Article 26 of
this Law, the allowance must equal:
a/ 65% of the salary of the
month preceding their leave on which social insurance premiums are based, if
they have paid social insurance premiums for full 30 years or more;
b/ 55% of the salary of the
month preceding their leave on which social insurance premiums are based, if
they have paid social insurance premiums for between full 15 years and under 30
years;
c/ 50% of the salary of the
month preceding their leave on which social insurance premiums are based, if
they have paid social insurance premiums for under 15 years.
3. For employees entitled to the
sickness regime prescribed in Clause 3, Article 26 of this Law, the allowance
must equal 100% of the salary of the month preceding their leave on which
social insurance premiums are based.
4. The per-diem sickness
allowance must equal the monthly sickness allowance divided by 24 days.
Article
29. Convalescence and health rehabilitation after sickness
1. An employee who has taken
leave under the sickness regime for the full number of days in a year
prescribed in Article 26 of this Law, but whose health has not yet recovered
within 30 days after return to work, is entitled to a leave of between 5 days
and 10 days in a year for convalescence and health rehabilitation.
The leave period for
convalescence and health rehabilitation is inclusive of public holidays, New
Year holidays and weekends. The leave period which lasts from the end of a year
to the following year shall be counted for the previous year.
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a/ 10 days at most, for
employees whose health has not yet recovered after suffering a disease
requiring long-term treatment;
b/ 7 days at most, for
employees whose health has not yet recovered after undergoing an operation;
c/ 5 days, in other cases.
3. The per-diem allowance for
convalescence and health rehabilitation after sickness must equal 30% of the
basic salary.
Section 2.
MATERNITY REGIME
Article
30. Coverage of the maternity regime
The maternity regime covers
employees defined at Point a, b, c, d, dd and h, Clause 1, Article 2 of this
Law.
Article
31. Conditions for enjoying the maternity regime
1. Employees shall be covered
by the maternity regime in one of the following cases:
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b/ Female employees giving
birth to children;
c/ Female employees as
surrogate mothers and intended mothers;
d/ Employees adopting under-6-month
children;
dd/ Female employees having
intrauterine devices or employees taking sterilization measures;
e/ Male employees currently
paying social insurance premiums whose wives give birth to children.
2. To enjoy the maternity
regime, employees defined at Points b, c and d, Clause 1 of this Article must
have paid social insurance premiums for at least full 6 months within 12 months
before childbirth or child adoption.
3. To enjoy the maternity
regime, employees defined at Point b, Clause 1 of this Article who have paid
social insurance premiums for at least full 12 months and need to take a leave
during pregnancy for pregnancy care as prescribed by a competent health
establishment must have paid social insurance premiums for at least full 3 months
within 12 months before childbirth.
4. Employees who fully satisfy
the conditions specified in Clause 2 or 3 of this Article and terminate their
labor contracts or working contracts or cease working before the time of
childbirth or the time of adoption of under-6-month children are still entitled
to the maternity regime prescribed in Articles 34, 36 and 38, and Clause 1,
Article 39, of this Law.
Article
32. Leave period for prenatal checks-up
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2. The leave period specified
in this Article shall be counted in working days, excluding public holidays,
New Year holidays and weekends.
Article
33. Leave period upon miscarriage, abortion, stillbirth or pathological
abortion
1. When getting miscarriage, abortion,
stillbirth or pathological abortion, a female employee may take a maternity
leave as prescribed by a competent health establishment. The maximum leave
period is:
a/ 10 days, for pregnancy of
under 5 weeks;
b/ 20 days, for pregnancy of
between 5 weeks and under 13 weeks; c/ 40 days, for pregnancy of between 13
weeks and under 25 weeks; d/ 50 days, for pregnancy of 25 weeks or more.
2. The maternity leave period
specified in Clause 1 of this Article is inclusive of public holidays, New Year
holidays and weekends.
Article
34. Leave period for childbirth
1. Female employees are
entitled to a 6-month leave before and after childbirth under the maternity
regime. For a female employee who gives birth to twins or more infants, she is
entitled to an additional leave of 1 month for each infant from the second.
The maternity leave period
before childbirth must not exceed 2 months.
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a/ 5 working days;
b/ 7 working days, in case
their wives undergo a surgical birth or give birth to children before 32 weeks
of pregnancy;
c/ 10 working days, in case
their wives give birth to twins; or additional 3 working days for each infant
from the second;
d/ 14 working days, in case
their wives give birth to twins or more infants and take childbirth operation.
The maternity leave period
specified in this Clause must be within the first 30 days after the date of
childbirth.
3. After childbirth, if an
under-2-month child dies, the mother is entitled to a 4-month leave from the
date of childbirth; if a child aged 2 months or older dies, the mother is
entitled to a 2-month leave from the date of the child’s death, but the
maternity leave period must not exceed the period specified in Clause 1 of this
Article; such leave period shall not be included in the period of personal
leave as prescribed by the labor law.
4. In case only the mother is
covered by social insurance or both parents are covered by social insurance but
the mother dies in childbirth, the father or the direct fosterer is entitled to
a maternity 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
social insurance but does not fully satisfy the conditions specified in Clause
2 or 3, Article 31 of this Law, dies, the father or the direct fosterer is
entitled to a maternity leave until the child reaches full 6 months.
5. The father or the direct
fosterer who is covered by social insurance but does not take a leave under
Clause 4 of this Article is entitled to not only his/her salary but also the
maternity regime for the remaining period applicable to the mother as specified
in Clause 1 of this Article.
6. In case only the father is
covered by 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 establishment, the father is entitled to a maternity leave
until the child reaches full 6 months.
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Article
35. Maternity regime of female employees as surrogate mothers and intended
mothers
1. A female employee as
surrogate mother is entitled to the prescribed regime when getting prenatal
check-ups, miscarriage, abortion, stillbirth or pathological abortion, and take
a maternity leave until the time of relinquishing the child to the intended
mother, with the leave period not exceeding the period specified in Clause 1,
Article 34 of this Law. In case the maternity leave period is under 60 days
from the date of childbirth to the time of relinquishing the child, surrogate
mothers are entitled to continue enjoying the maternity regime until such leave
period reaches full 60 days, including public holidays, New Year holidays and
weekends.
2. Intended mothers are
entitled to a maternity leave from the time of receiving the child until the child
reaches full 6 months.
3. The Government shall provide
in detail the maternity regime, and procedures for enjoying the maternity
regime applicable to female employees as surrogate mothers and intended
mothers.
Article
36. Leave period for child adoption
Employees adopting an
under-6-month child are entitled to a maternity leave until the child reaches
full 6 months. In case both parents are covered by social insurance and fully
satisfy the conditions for enjoying the maternity regime as specified in Clause
2, Article 31 of this Law, either father or mother only is entitled to a
maternity leave.
Article
37. Leave period when taking contraceptive measures
1. When taking contraceptive
measures, employees are entitled to the maternity regime as prescribed by
competent health establishments. The maximum leave period is:
a/ 7 days, for female employees
implanted with intrauterine devices;
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2. The maternity leave period specified
in Clause 1 of this Article is inclusive of public holidays, New Year holidays
and weekends.
Article
38. Lump-sum allowance upon childbirth or child adoption
Female employees giving birth
or employees adopting an under-6-month child are entitled to a lump-sum
allowance equaling 2 times the basic salary for each child in the month of
childbirth or child adoption.
In case the mother gives birth
to a child but only the father is covered by social insurance, the father is
entitled to a lump-sum allowance equaling 2 times the basic salary for each
child in the month of childbirth.
Article
39. Allowance levels of the maternity regime
1. For employees entitled to
the maternity regime as prescribed in Articles 32 thru 37 of this Law, the
allowance levels shall be calculated as follows:
a/ A monthly allowance must
equal 100% of the average of salaries of 6 months preceding the leave on which
social insurance premiums are based. For employees who have paid social
insurance premiums for only under 6 months, the allowance level under the
maternity regime specified in Article 32 or 33, Clause 2, 4, 5 or 6, Article
34, or Article 37, of this Law, is the average of salaries of the months for
which social insurance premiums have been paid;
b/ The per-diem allowance for
the case specified in Article 32, or Clause 2, Article 34, of this Law must
equal the monthly maternity allowance divided by 24 days;
c/ The allowance level after
childbirth or child adoption shall be calculated based on the monthly allowance
specified at Point a, Clause 1 of this Article; in case of odd days or the case
specified in Article 33 or 37 of this Law, the per- diem allowance must equal
the monthly allowance divided by 30 days.
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3. The Minister of Labor,
Invalids and Social Affairs shall stipulate in detail the conditions for and
period of enjoyment and levels of allowances applicable to the subjects defined
in Article 24, and Clause 1, Article 31, of this Law.
Article
40. Female employees going to work prior to the expiration of the maternity
leave period
1. Female employees may go to
work prior to the expiration of the maternity leave period specified in Clause
1 or 3, Article 34 of this Law when fully meeting the following conditions:
a/ Having taken a leave for at
least 4 months;
b/ Notifying in advance their
wish to go to work prior to the expiration of the maternity leave period and
obtaining the consent of their employers.
2. Female employees who go to
work prior to the expiration of the maternity leave period are entitled to not
only salaries but also the maternity regime until the expiration of the period
specified in Clause 1 or 3, Article 34 of this Law.
Article
41. Convalescence and health rehabilitation after the maternity leave
period
1. Female employees whose
health has not yet recovered within the first 30 working days after the
maternity leave period specified in Article 33, or Clause 1 or 3, Article 34,
of this Law, are entitled to a leave for convalescence and health
rehabilitation of between 5 and 10 days.
The leave period for
convalescence and health rehabilitation is inclusive of public holidays, New
Year holidays and weekends. The leave period for convalescence and health
rehabilitation which lasts from the end of a year to the following year shall
be counted for the previous year.
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a/ 10 days, for female
employees who give birth to twins or more infants;
b/ 7 days, for female employees
who have a surgical birth;
c/ 5 days, in other cases.
3. The per-diem allowance for
convalescence and health rehabilitation after maternity leave period must equal
30% of the basic salary.
Section 3.
LABOR ACCIDENT AND OCCUPATIONAL DISEASE REGIMES
Article
42. Coverage of labor accident and occupational disease regimes
Labor accident and occupational
disease regimes cover employees defined at Points a, b, c, d, dd, e and h,
Clause 1, Article 2 of this Law.
Article
43. Conditions for enjoying the labor accident regime
Employees are entitled to the labor
accident regime when fully satisfying the following conditions:
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a/ At the workplace and during
working hours;
b/ Outside the workplace or
beyond working hours while performing tasks assigned by their employers;
c/ On a route to and from
residence and workplace within a rational time and on a rational route.
2. Suffering a working capacity
decrease of 5% or more after getting accidents specified in Clause 1 of this
Article.
Article
44. Conditions for enjoying the occupational disease regime
Employees are entitled to the
occupational disease regime when fully satisfying the following conditions:
1. Getting a disease on the
list of occupational diseases jointly issued by the Ministry of Health and the
Ministry of Labor, War Invalids and Social Affairs, when working in a hazardous
environment or doing hazardous jobs;
2. Suffering a working capacity
decrease of 5% or more after getting the disease specified in Clause 1 of this
Article.
Article
45. Assessment of working capacity decrease
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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. Employees are entitled to
thorough assessment of their working capacity decrease when falling in one of
the following cases:
a/ Getting both a labor
accident and an occupational disease;
b/ Getting labor accidents
repeatedly;
c/ Getting many occupational
diseases.
Article
46. Lump-sum allowance
1. Employees suffering a
working capacity decrease of between 5% and 30% are entitled to a lump-sum
allowance.
2. The lump-sum allowance
levels are specified as follows:
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b/ In addition to the allowance
level specified at Point a of this Clause, employees are entitled to an
additional allowance calculated based on the period of social insurance premium
payment, which equals half of the salary of the month preceding the leave taken
for treatment on which social insurance premiums are based, for a period of
social insurance premium payment of one year or less, and shall then be added
with 0.3 of the salary of the month preceding the leave taken for treatment on
which social insurance premiums are based, for each additional year of social
insurance premium payment.
Article
47. Monthly allowance
1. Employees suffering a
working capacity decrease of 31% or more are entitled to a monthly allowance.
2. The monthly allowance levels
are specified as follows:
a/ For employees suffering a
31% working capacity decrease, the monthly allowance must equal 30% of the
basic salary, which shall be added with 2% of the basic salary for each
additional 1% working capacity decrease;
b/ In addition to the allowance
level specified at Point a of this Clause, employees are entitled to receive
every month an additional allowance calculated based on the period of social insurance
premium payment, which equals half of the salary of the month preceding the
leave taken for treatment on which social insurance premiums are based, for a
period of social insurance premium payment of one year or less, and shall then
be added with 0.3% of the salary of the month preceding the leave taken for
treatment on which social insurance premiums are based, for each additional
year of social insurance premium payment.
Article
48. Time for allowance enjoyment
1. The time for employees to
enjoy the allowance specified in Article 46, 47 or 50 of this Law shall be
counted from the month they are completely treated and discharged from
hospital.
2. When their injuries or
diseases recur and employees have their working capacity decrease re-assessed, the
time for them to enjoy the allowance shall be counted from the month when the
Medical Assessment Council makes conclusion.
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Employees getting a labor
accident or an occupational disease which damages their body functions shall,
depending on the conditions of their injury or disease, be annually provided
with daily-life aid equipment and orthopedic devices.
Article
50. Attendance allowance
Employees suffering a working
capacity decrease of 81% or more, such as rachioplegia, total blindness,
paraplegia, amputation of two legs or a mental disease, are entitled to not
only the allowance specified in Article 47 of this Law but also a monthly
attendance allowance equal to the basic salary.
Article
51. Lump-sum allowance upon death due to labor accidents or occupational
diseases
For employees who die of a
labor accident or an occupational disease while working or die during the
period of first-time medical treatment due to a labor accident or an occupational
disease, their relatives are entitled to a lump- sum allowance equaling 36
times the basic salary.
Article
52. Convalescence and health rehabilitation after injury or disease
treatment
1. Employees whose health has
not yet recovered after taking treatment of occupational diseases or injuries
caused by labor accidents are entitled to a leave of between 5 days and 10 days
for convalescence and health rehabilitation.
2. The per-diem allowance is
equivalent to 25% of the basic salary, if convalescence and health
rehabilitation take place at home; or equivalent to 40% of the basic salary, if
convalescence and health rehabilitation take place at health establishments.
Section 4.
RETIREMENT REGIME
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The retirement regime covers
employees specified in Clause 1, Article 2 of this Law.
Article
54. Conditions for pension enjoyment
1. Employees defined at Points
a, b, c, d, g, h and i, Clause 1, Article 2 of this Law, except those defined
in Clause 3 of this Article, who have paid social insurance premiums for at
least full 20 years are entitled to pension when falling in one of the
following cases:
a/ Being full 60 years old, for
men, or full 55 years old, for women;
b/ Being between full 55 years
and full 60 years old, for men, or between full 50 years and full 55 years old,
for women, and having full 15 years doing heavy, hazardous or dangerous
occupations or jobs or extremely heavy, hazardous or dangerous occupations or
jobs on the list jointly issued by the Ministry of Labor, War Invalids and
Social Affairs and the Ministry of Health, or having full 15 years working in
areas with a region-based allowance coefficient of 0.7 or higher;
c/ Employees who are between
full 50 years and full 55 years old and have paid social insurance premiums for
at least full 20 years, including full 15 years spent in coal mines;
d/ Employees who are infected
with HIV/AIDS due to occupational risks.
2. Employees defined at Points
dd and e, Clause 1, Article 2 of this Law, who cease working after having paid
social insurance premiums for at least full 20 years, are entitled to pension
when falling in one of the following cases:
a/ Being full 55 years old, for
men, or full 50 years old, for women, unless otherwise provided by the Law on
Officers of the Vietnam People’s Army, the Law on People’s Public Security or
the Law on Cipher;
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c/ Employees who are infected
with HIV/AIDS due to occupational risks.
3. Female employees who are
full-time or part-time staffs in communes, wards or townships, and cease
working after having paid social insurance premiums for between full 15 years
and under 20 years, and are full 55 years old, are entitled to pension.
4. The Government shall
stipulate the conditions on retirement ages for pension enjoyment in special
cases; and the conditions for pension enjoyment for the subjects defined at
Points c and d, Clause 1, and Point c, Clause 2, of this Article.
Article
55. Conditions for employees to enjoy pension when suffering working
capacity decrease
1. Employees defined at Points a,
b, c, d, g, h, and i, Clause 1, Article 2 of this Law, who cease working after
having paid social insurance premiums for at least full 20 years, are entitled
to pension lower than that applicable to persons who fully satisfy the
conditions for pension enjoyment as specified at Points a and b, Clause 1,
Article 54 of this Law when falling in one of the following cases:
a/ Since January 1, 2016, men
who are full 51 years old, and women who are full 46 years old and suffer a
working capacity decrease of 61% or more will be eligible to pension. These age
levels will increase one year after each year until 2020, when only men who are
full 55 years old and women who are full 50 years old will be eligible to
pension when suffering a working capacity decrease of 61% or more;
b/ Being full 50 years old, for
men, or 45 years old, for women, and suffering a working capacity decrease of
81% or more;
c/ Suffering a working capacity
decrease of 61% or more and having full 15 years doing extremely heavy,
hazardous or dangerous occupations or jobs on the list jointly issued by the
Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health.
2. Employees defined at Points
dd and e, Clause 1, Article 2 of this Law, who cease working after having paid
social insurance premiums for at least full 20 years, and suffer a working
capacity decrease of 61% or more, are entitled to pension lower than that
applicable to persons who fully satisfy the conditions for pension enjoyment as
specified at Points a and b, Clause 2, Article 54 of this Law when falling in
either of the following cases:
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b/ Having at least full 15
years doing extremely heavy, hazardous or dangerous occupations or jobs in the
list jointly issued by the Ministry of Labor, War Invalids and Social Affairs
and the Ministry of Health.
Article
56. Monthly pension
1. From the effective date of
this Law to January 1, 2018, the monthly pension of employees who fully satisfy
the conditions specified in Article 54 of this Law must equal 45% of the
average monthly salary on which social insurance premiums are based as
prescribed in Article 62 of this Law, corresponding to 15 years of social
insurance premium payment, which shall be added with 2%, for men, or 3%, for
women, for each additional year of social insurance premium payment, but must
not exceed 75%.
2. Since January 1, 2018, the
monthly pension of employees who fully satisfy the conditions specified in
Article 54 of this Law will equal 45% of the average monthly salary on which
social insurance premiums are based as prescribed in Article 62 of this Law,
and correspond to the following period of social insurance premium payment:
a/ For male employees who
retire in 2018, 2019, 2020 and 2021 and since 2022, it is 16 years, 17 years,
18 years, 19 years and 20 years, respectively;
b/ For female employees who
retire since 2018, it is 15 years;
For employees defined at Points
a and b of this Clause, the pension rate shall be added with 2% for each additional
year of social insurance premium payment, but must not exceed 75%.
3. The monthly pension of
employees who fully satisfy the conditions specified in Article 55 of this Law
shall be calculated as stipulated in Clauses 1 and 2 of this Article, and reduced
by 2% for each year of early retirement.
In case an employee’s age is
short of up to 6 months compared to the retirement age, his/her pension shall
be reduced by 1%; if his/her age is short of under 6 months, his/her pension
shall not be reduced due to early retirement.
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5. The lowest monthly pension
of employees covered by compulsory social insurance who fully satisfy the
conditions for pension enjoyment specified in Article 54 or 55 of this Law must
equal the basic salary, except the cases specified at Point i, Clause 1,
Article 2, and Clause 3, Article 54, of this Law.
6. The Government shall detail
this Article.
Article
57. Adjustment of pension
The Government shall stipulate
the adjustment of pension based on the increase in the consumer price index and
economic growth to suit the state budget capacity and social insurance fund.
Article
58. Lump-sum allowance upon retirement
1. Employees who have paid
social insurance premiums for a period exceeding the number of years
corresponding to the 75% pension rate are entitled to not only pension but also
a lump-sum allowance upon retirement.
2. The lump-sum allowance level
shall be calculated based on the number of years of social insurance premium
payment in excess of the number of years corresponding to the 75% pension rate,
with half of the average monthly salary on which social insurance premiums are
based for each of these years.
Article
59. Time for pension enjoyment
1. For employees who are paying
compulsory social insurance premiums as defined at Points a, b, c, d, dd, e and
i, Clause 1, Article 2 of this Law, the time for pension enjoyment is the time
stated in work cessation decisions issued by employers when the employees have
fully satisfied the law-prescribed conditions for pension enjoyment.
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3. For employees defined at
Point g, Clause 1, Article 2 of this Law and persons who have their period of
social insurance premium payment reserved, the time for pension enjoyment is
the time stated in the written requests of the employees who have fully
satisfied the prescribed conditions for pension enjoyment.
4. The Minister of Labor, Invalids
and Social Affairs shall stipulate in detail the time for pension enjoyment for
employees defined in Clause 1, Article 2 of this Law.
Article
60. Lump-sum social insurance allowance
1. Employees defined in Clause
1, Article 2 of this Law are entitled to a lump-sum social insurance allowance
upon their request when falling in one of the following cases:
a/ They have reached the
retirement age specified in Clause 1, 2 or 4, Article 54 of this Law but have
paid social insurance premiums for under full 20 years, or the age specified in
Clause 3, Article 54 of this Law but have paid social insurance premiums for
under full 15 years and do not continue paying voluntary social insurance
premiums;
b/ They settle abroad;
c/ They get a fatal disease,
such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis,
or HIV infection progressing into AIDS, or other diseases as prescribed by the
Ministry of Health;
d/ Employees defined at Points
dd and e, Clause 1, Article 2 of this Law who are demobilized or cease working
without being eligible for pension.
2. The lump-sum social
insurance allowance shall be calculated based on the number of years of social
insurance premium payment; for each year of payment it must equal:
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b/ 2 times the average monthly
salary on which social insurance premiums are based for the years of payment
since 2014;
c/ For a period of social
insurance premium payment of under 1 year, the social insurance allowance must
equal the paid premium amount but not exceed 2 times the average monthly salary
on which social insurance premiums are based.
3. The lump-sum social
insurance allowance specified in Clause 2 of this Article is exclusive of the
State’s monetary support for payment of voluntary social insurance premiums,
except the case specified at Point c, Clause 1 of this Article.
4. The time for enjoying the
lump-sum social insurance allowance is the time stated in decisions of social
insurance agencies.
Article
61. Reservation of period of social insurance premium payment
Employees who cease working
without being eligible for pension specified in Article 54 or 55 of this Law or
without receiving a lump-sum social insurance allowance provided in Article 60
of this Law are entitled to have their period of social insurance premium
payment reserved.
Article
62. Average monthly salary on which social insurance premiums are based for
calculation of pension and lump-sum allowance
1. For employees subject to the
State-prescribed salary regime and having the entire period of social insurance
premium payment under this salary regime, the average monthly salary for the
number of years of social insurance premium payment before retirement must be:
a/ The average monthly salary
on which social insurance premiums are based in the last 5 years prior to
retirement, for employees paying social insurance premiums before January 1,
1995;
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c/ The average monthly salary
on which social insurance premiums are based in the last 8 years prior to
retirement, for employees paying social insurance premiums between January 1,
2001, and December 31, 2006;
d/ The average monthly salary
on which social insurance premiums are based in the last 10 years prior to
retirement, for employees paying social insurance premiums between January 1,
2007, and December 31, 2015;
dd/ The average monthly salary
on which social insurance premiums are based in the last 15 years prior to
retirement, for employees paying social insurance premiums between January 1,
2016, and December 31, 2019;
e/ The average monthly salary
on which social insurance premiums are based in the last 20 years prior to
retirement, for employees paying social insurance premiums between January 1,
2020, and December 31, 2024;
g/ The average monthly salary
on which social insurance premiums are based in the entire period of social
insurance premium payment, for employees paying social insurance premiums since
January 1, 2025.
2. For employees who have the
entire period of social insurance premium payment under the employer-decided
salary regime, the average monthly salary on which social insurance premiums
are based in the entire period of payment shall be used.
3. For employees who have both
a period of social insurance premium payment under the State-prescribed salary
regime and a period of social insurance premium payment under the
employer-decided salary regime, the average monthly salary on which social
insurance premiums are based in these periods shall be used, in which for the
period of social insurance premium payment under the State-prescribed salary
regime, the average monthly salary on which social insurance premiums are based
as specified in Clause 1 of this Article shall be used.
4. The Government shall detail
this Article.
Article
63. Adjustment of salaries for which social insurance premiums have been
paid
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For employees who start paying
social insurance premiums since January 1, 2016, their salaries for which
social insurance premiums have been paid as a basis for calculation of the
average monthly salary on which social insurance premiums are based shall be
adjusted under Clause 2 of this Article.
2. Salaries for which social
insurance premiums have been paid as a basis for calculation of the average
monthly salary on which social insurance premiums are based for employees
defined in Clause 2, Article 89 of this Law shall be adjusted based on the
consumer price index in each period under the Government’s regulations.
Article
64. Suspension from or continuation of enjoyment of pension or monthly
social insurance allowance
1. Persons on pension or
monthly social insurance allowance shall be suspended from enjoying such
pension or allowance in one of the following cases:
a/ They illegally leave the
country;
b/ They are declared missing by
the court;
c/ There are grounds to confirm
that their enjoyment of social insurance is illegal.
2. Pension or monthly social
insurance allowance must continue to be paid when emigrants legally return to
reside in the country in accordance with the residence law. In case there is a
court's legally effective decision annulling the decision to declare missing,
they are entitled not only to continue enjoying such pension or allowance but
also to have their pension or monthly social insurance allowance
retrospectively paid since the time of suspension.
3. Social insurance agencies,
when deciding on suspension from enjoyment of social insurance under Point c,
Clause 1 of this Article, shall notify in writing and clearly state the reason.
Within 30 days from the date of suspension, social insurance agencies shall
issue a decision settling the enjoyment; if deciding on termination of
enjoyment of social insurance, they shall clearly state the reason..
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1. Persons on pension or
monthly social insurance allowance who settle abroad are entitled to a lump-sum
allowance.
2. The lump-sum allowance for
pensioners shall be calculated based on their period of social insurance premium
payment, in which for each year of payment of social insurance premiums prior
to 2014, they are entitled to 1.5 months’ current pension and for each year of
payment of social insurance premiums since 2014, they are entitled to 2 months’
current pension; then for each month they have received pension, half of a
month’s pension shall be deducted from the lump-sum allowance. The lowest
allowance must equal 3 months’ current pension.
3. The lump-sum allowance for a
person on monthly social insurance allowance must equal 3 months’ current
allowance.
Section 5.
SURVIVORSHIP ALLOWANCE REGIME
Article
66. Funeral allowance
1. When the following persons
die, the persons who take charge of their funeral are entitled to a lump-sum
funeral allowance:
a/ Employees defined in Clause
1, Article 2 of this Law who are paying social insurance premiums or employees
who have their period of social insurance premium payment reserved and have
paid social insurance premium payment for at least full 12 months;
b/ Employees who die of a labor
accident or an occupational disease or die during treatment due to a labor
accident or an occupational disease;
c/ Persons who are on pension
or monthly labor accident or occupational disease allowance and have ceased
working.
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3. When the persons defined in
Clause 1 of this Article are declared dead by the court, their relatives are
entitled to the funeral allowance specified in Clause 2 of this Article.
Article
67. Cases eligible for monthly survivorship allowance
1. When the persons defined in
Clauses 1 and 3, Article 66 of this Law, who fall in one of the following
cases, die, their relatives are entitled to a monthly survivorship allowance:
a/ They have paid social
insurance premiums for at least full 15 years but have not yet received a
lump-sum social insurance allowance;
b/ They are on pension;
c/ They die of a labor accident
or an occupational disease;
d/ They are on monthly labor
accident or occupational disease allowance for their working capacity decrease
of 61% or more.
2. Relatives of the persons
defined in Clause 1 of this Article who are entitled to a monthly survivorship
allowance include:
a/ Children aged under 18
years; children aged full 18 years or older who suffer a working capacity
decrease of 81% or more; or children whose father died while they are in the
womb.
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c/ Natural fathers, natural
mothers, fathers-in-law, mothers-in-law, or other family members whom the
insured are obliged to nurture in accordance with the law on marriage and
family, 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, or other family members whom the
insured are obliged to nurture in accordance with the law on marriage and
family, who are under 60 years old, for men, or under 55 years old, for women,
and suffer a working capacity decrease of 81% or more.
3. To enjoy a monthly
survivorship allowance, relatives defined at Points b, c and d, Clause 2 of
this Article must have no income or have monthly income lower than the basic
salary. Incomes referred to in this Law are exclusive of allowances provided
under the law on preferential treatment for people with meritorious services to
the country.
4. The time limit for
requesting an assessment of working capacity decrease for enjoyment of a
monthly survivorship allowance is specified as follows:
a/ Within 4 months from the
insured's death, his/her relative shall file a written request;
b/ Within 4 months before or
after the expiration of the time limit for the relative defined at Point a,
Clause 2 of this Article to enjoy allowance under regulations, he/she shall
file a written request.
Article
68. Levels of monthly survivorship allowance
1. The monthly survivorship
allowance for each relative must equal 50% of the basic salary, or 70% of the
basic salary for relatives who have no direct fosterer.
2. For a dead person defined in
Clause 1, Article 67 of this Law, the number of relatives entitled to monthly
survivorship allowance must not exceed 4; for 2 or more dead persons, their
relatives are entitled to 2 times the allowance level specified in Clause 1 of
this Article.
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Article
69. Cases of eligibility for lump-sum survivorship allowance
When the persons defined in
Clauses 1 and 3, Article 66 of this Law, who fall in one of the following
cases, die, their relatives are entitled to a lump-sum survivorship allowance:
1. They do not fall in the
cases specified in Clause 1, Article 67 of this Law;
2. They fall in one of the
cases specified in Clause 1, Article 67 but have no relative eligible for the
monthly survivorship allowance as defined in Clause 2, Article 67 of this Law;
3. Their relatives who are
entitled to the monthly survivorship allowance as defined in Clause 2, Article
67 wish to receive a lump-sum survivorship allowance, except under-6 children,
children or spouses suffering a working capacity decrease of 81% or more;
4. For employees who die
without any relatives as defined in Clause 6, Article 3 of this Law, the
lump-sum survivorship allowance must comply with the law of inheritance.
Article
70. Levels of lump-sum survivorship allowance
1. The lump-sum survivorship
allowance for relatives of employees who are paying social insurance premiums
or of employees who have their period of social insurance premium payment
reserved shall be calculated based on the number of years of social insurance
premium payment; for each year of payment, these relatives are entitled to 1.5
times the average monthly salary on which social insurance premiums are based,
for the years of payment prior to 2014; or to 2 times the average monthly
salary on which social insurance premiums are based, for the years of payment
since 2014. The lowest level must equal 3 times the average monthly salary on
which social insurance premiums are based. The average monthly salary on which
social insurance premiums are based used as a basis for calculation of the lump-sum
survivorship allowance shall be determined under Article 62 of this Law.
2. The lump-sum survivorship
allowance for relatives of dead pensioners shall be calculated based on the
period of pension enjoyment; if pensioners die within the first 2 months of
pension enjoyment, the allowance must equal 48 months’ current pension; if
pensioners die in subsequent months, the allowance shall be reduced by half a
month’s pension for each additional month of pension enjoyment; the lowest
allowance level must equal 3 months’ current pension.
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Article
71. Retirement regime and survivorship allowance regime for employees who
pay both compulsory social insurance and voluntary social insurance premiums
1. The retirement regime and
survivorship allowance regime for employees who pay both compulsory social
insurance and voluntary social insurance premiums are specified as follows:
a/ For employees who have paid
compulsory social insurance premiums for at least full 20 years, the conditions
for enjoyment and levels of pension must comply with the policy on compulsory
social insurance; the lowest monthly pension must equal the basic salary,
except the subjects defined at Point i, Clause 1, Article 2 of this Law;
b/ For employees who have paid
compulsory social insurance premiums for at least full 15 years, the monthly
survivorship allowance must comply with the policy on compulsory social
insurance;
c/ For employees who have paid
compulsory social insurance premiums for at least full 12 months, the funeral
allowance must comply with the policy on compulsory social insurance.
2. The Government shall detail
this Article.
Chapter
IV
VOLUNTARY SOCIAL
INSURANCE
Section 1.
RETIREMENT REGIME
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The retirement regime for
voluntary social insurance participants covers employees defined in Clause 4,
Article 2 of this Law.
Article
73. Conditions for pension enjoyment
1. Employees are entitled to
pension when fully satisfying the following conditions:
a/ Being full 60 years old, for
men, or full 55 years old, for women;
b/ Having paid social insurance
premiums for at least full 20 years.
2. Employees who satisfy the
age requirement specified at Point a, Clause 1 of this Article but have paid
social insurance premiums for under 20 years may continue paying social
insurance premiums until the payment period reaches full 20 years in order to
enjoy pension.
Article
74. Levels of monthly pension
1. From the effective date of
this Law to January 1, 2018, the level of monthly pension for employees who
fully satisfy the conditions specified in Article 73 of this Law must equal 45%
of the average monthly income on which social insurance premiums are based as
prescribed in Article 79 of this Law, corresponding to 15 years of social
insurance premium payment, which shall then be added with 2% for men and 3% for
women for each additional year of social insurance premium payment, but must
not exceed 75%.
2. Since January 1, 2018, the
monthly pension of employees who fully satisfy the conditions specified in
Article 73 of this Law must equal 45% of the average monthly income on which
social insurance premium are based as provided in Article 79 of this Law, and
correspond to the following number of years of social insurance premium
payment:
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b/ For female employees who
retire in 2018 and afterward, it is 15 years. Then, for employees defined at
Points a and b of this Clause, the monthly pension shall be added with 2% for
every additional year, but must not exceed 75%.
3. The adjustment of pension
must comply with Article 57 of this Law.
Article
75. Lump-sum allowance upon retirement
1. Employees who have a period
of social insurance premium payment longer than the number of years
corresponding to the 75% pension rate are entitled to not only pension but also
a lump-sum allowance upon retirement.
2. The lump-sum allowance shall
be calculated based on the number of years of social insurance premium payment
in excess of the number of years corresponding to the 75% pension enjoyment
rate, with half of the average monthly income on which social insurance
premiums are based for each of these years.
Article
76. Time for pension enjoyment
1. The subjects defined in Article
72 of this Law are entitled to receive pension from the month following the
month when they fully satisfy the conditions for pension enjoyment specified in
Article 73 of this Law.
2. The Minister of Labor,
Invalids, and Social Affairs shall detail this Article.
Article
77. Lump-sum social insurance allowance
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a/ They satisfy the age requirement
specified at Point a, Clause 1, Article 73 of this Law but have paid social
insurance premiums for under 20 years and do not continue paying social
insurance premiums;
b/ They settle abroad;
c/ They suffer a fatal disease,
such as cancer, poliomyelitis, dropsy cirrhosis, leprosy, serious tuberculosis,
HIV infection progressing into AIDS, or other diseases as prescribed by the
Ministry of Health.
2. The lump-sum social
insurance allowance shall be calculated based on the number of years of social
insurance premium payment; for each year of payment they are entitled to:
a/ 1.5 times the average
monthly income on which social insurance premiums are based, for the years of
payment prior to 2014;
b/ 2 times the average monthly
income on which social insurance premiums are based, for the years of payment
since 2014;
c/ In case the period of social
insurance premium payment is under 1 year, the social insurance allowance must
equal the paid premium amount but must not exceed 2 times the average monthly
income on which social insurance premiums are based.
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’s monetary support for
payment of voluntary social insurance premiums, except the case specified at
Point c, Clause 1 of this Article.
4. The time for enjoying the
lump-sum social insurance allowance is the time stated in decisions of social
insurance agencies.
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Article
78. Reservation of the period of social insurance premium payment,
suspension from or continuation of pension enjoyment
1. Employees who stop paying
voluntary social insurance premiums without fully satisfying the conditions for
pension enjoyment as provided in Article 73 or without receiving a lump-sum
social insurance allowance under Article 77 of this Law are entitled to have
their period of social insurance premium payment reserved.
2. The suspension from or
continuation of pension enjoyment for employees covered by voluntary social
insurance premiums must comply with Article 64 of this Law.
Article
79. Average monthly income on which social insurance premiums are based
1. The average monthly income
on which social insurance premiums are based is the average of monthly incomes
on which social insurance premiums are based in the entire period of premium
payment.
2. Monthly incomes for which
social insurance premiums have been paid used as a basis for calculating the
average monthly income on which social insurance premiums are based for
employees shall be adjusted based on the consumer price index in each period
under the Government’s regulations.
Section 2.
SURVIVORSHIP ALLOWANCE REGIME
Article
80. Funeral allowance
1. When the following persons
die, the persons who take charge of their funeral are entitled to a funeral
allowance:
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b/ Pensioners.
2. The funeral allowance must
equal 10 times the basic salary of the month in which the persons defined in
Clause 1 of this Article die.
3. When the persons defined in
Clause 1 of this Article are declared dead by the court, their relatives are
entitled to the allowance specified in Clause 2 of this Article.
Article
81. Survivorship allowance
1. When employees who are
paying social insurance premiums, employees who have their period of social
insurance premium payment reserved, or persons who are on pension die, their
relatives are entitled to a lump-sum survivorship allowance.
2. The lump-sum survivorship
allowance for relatives of employees who are paying social insurance premiums
or of employees who have their period of social insurance premium payment
reserved shall be calculated based on the number of years of social insurance
premium payment; for each year of payment, these relatives are entitled to 1.5
times the average monthly income on which social insurance premiums are based
as provided in Article 79 of this Law, for the years of payment prior 2014, or
2 times the average monthly income on which social insurance premiums are
based, for the years of payment since 2014.
For employees who have paid
social insurance premiums for under 1 year, the lump-sum survivorship allowance
must equal the paid premium amount but not exceed 2 times the average monthly
income on which social insurance premiums are based; for employees who pay both
compulsory social insurance and voluntary social insurance premiums, the
lump-sum survivorship allowance must equal at least 3 times the average monthly
salary and income on which social insurance premiums are based.
3. The lump-sum survivorship
allowance for relatives of persons who die while on pension shall be calculated
based on these persons' period of pension enjoyment; if they die within the
first 2 months of pension enjoyment, such allowance must equal 48 months’
current pension; if they die in subsequent months, the allowance shall be
reduced by half the monthly pension for each additional month of pension
enjoyment.
Chapter V
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Article
82. Sources forming the social insurance fund
1. Premiums paid by employers
under Article 86 of this Law.
2. Premiums paid by employees
under Articles 85 and 87 of this Law.
3. Profits from activities of
investment from the fund.
4. The State's supports.
5. Other lawful sources of
revenues.
Article 83.
Component funds of the social insurance fund
1. Sickness and maternity fund.
2. Labor accident and
occupational disease fund.
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Article
84. Use of the social insurance fund
1. Payment of social insurance
regimes for employees under Chapters III and IV of this Law.
2. Payment of health insurance
premiums for pensioners or persons who are on leave and enjoy monthly labor
accident or occupational disease allowance or who are on leave and enjoy
maternity allowance for childbirth or child adoption or who are on leave and
enjoy sickness allowance, for employees suffering diseases on the Ministry of
Health-issued list of diseases requiring long-term treatment.
3. Payment of social insurance
management expenses under Article 90 of this Law.
4. Payment of charges for
assessment of the working capacity decrease in case employees take assessment
not as introduced by their employers and the assessment results show that these
persons are eligible for social insurance regimes.
5. Investment to preserve and
develop the fund under Articles 91 and 92 of this Law.
Article
85. Levels and methods of payment by employees covered by compulsory social
insurance
1. Employees defined at Points
a, b, c, d, dd and h, Clause 1, Article 2 of this Law shall monthly pay 8% of
their monthly salary to the retirement and survivorship allowance fund.
Employees defined at Point i,
Clause 1, Article 2 of this Law shall monthly pay an amount equal to 8% of the
basic salary to the retirement and survivorship allowance fund.
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a/ The monthly level of payment
to the retirement and survivorship allowance fund must equal 22% of employees’
monthly salary on which social insurance premiums are based before they go
abroad to work, for employees who have paid compulsory social insurance
premiums in a certain period; 22% of 2 times the basic salary, for employees
who are not yet covered by compulsory social insurance or who have paid
compulsory social insurance premiums and have already received a lump-sum
social insurance allowance.
b/ Payment shall be made once
every 3 months, every 6 months or every 12 months or in a lump sum within the
time limit stated in the contracts on sending of employees to work abroad.
Employees may make payment directly to social insurance agencies of localities
where they reside before going abroad or via enterprises or non-business
organizations that have sent them to work abroad.
In case the payment is made via
enterprises or non-business organizations that have sent employees to work
abroad, these enterprises or organizations shall collect and pay social
insurance premiums for employees and register the method of payment with social
insurance agencies.
Employees who have their
contracts extended or sign new contracts in the host countries shall pay social
insurance premiums according to the method specified in this Article or shall
retrospectively pay social insurance premiums to social insurance agencies
after they repatriate.
3. Employees who neither work
nor receive salary for 14 working days or more in a month are not required to
pay social insurance premiums in that month. This period shall not be counted for
enjoyment of social insurance regimes, except cases of maternity leave.
4. An employee defined at Point
a or b, Clause 1, Article 2 of this Law who signs labor contracts with many
employers shall only pay social insurance premiums under Clause 1 of this
Article for the first-signed labor contract.
5. Employees who enjoy
product-based or piecework-based salaries at enterprises, cooperatives,
individual business households or cooperative groups engaged in the fields of
agriculture, forestry, fishery or salt making shall pay monthly social
insurance premiums at the levels specified in Clause 1 of this Article; payment
may be made every month, every 3 months or every 6 months.
6. The determination of the period
of social insurance premium payment for enjoyment of pension and monthly
survivorship allowance must adhere to the principle that one year has full 12
months; an employee who satisfies the age requirement for pension enjoyment but
whose period of social insurance premium payment is short of 6 months at most
may pay a lump-sum amount for these months with the monthly premium equal to
the total premiums paid by him/her and his/her employer to the retirement and
survivorship allowance fund, based on the monthly salary on which social
insurance premiums were based before he/she ceases working.
7. The calculation of periods
of social insurance premium payment with odd months for enjoyment of the
retirement and survivorship allowance regimes must be as follows:
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b/ A period of between 7 months
to 12 months shall be counted as one year.
Article
86. Levels and methods of payment by employers
1. Employers shall make monthly
payments calculated based on the salary funds on which social insurance
premiums are based for employees defined at Points a, b, c, d, dd and h, Clause
1, Article 2 of this Law as follows:
a/ 3% to the sickness and
maternity fund;
b/ 1% to the labor accident and
occupational disease fund;
c/ 14% to the retirement and
survivorship allowance fund.
2. Employers shall make monthly
payments calculated based on the basic salary for each employee defined at
Point e, Clause 1, Article 2 of this Law as follows:
a/ 1% to the labor accident and
occupational disease fund;
b/ 22% to the retirement and
survivorship allowance fund.
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4. Employers are not required
to pay social insurance premiums for employees defined in Clause 3, Article 85
of this Law.
5. Employers being enterprises,
cooperatives, household business households or cooperative groups engaged in
agriculture, forestry, fishery or salt making that pay product-based or
piecework-based salaries shall make monthly payments at the levels specified in
Clause 1 of this Article; the payment may be made every month, every 3 months
or every 6 months.
6. The Minister of Labor, War
Invalids and Social Affairs shall detail Clause 5, Article 85, and Clause 5,
Article 86, of this Law.
Article
87. Levels and methods of payment by employees covered by voluntary social
insurance
1. Employees defined in Clause
4, Article 2 of this Law shall monthly pay an amount equivalent to 22% of their
monthly incomes as selected to the retirement and survivorship allowance fund;
the monthly income on which social insurance premiums are based must at least
equal the poverty threshold in rural areas and must not exceed 20 times the
basic salary.
The socio-economic development
conditions and state budget capacity in each period shall be based on to
determine the levels of support for payment of social insurance premiums for
employees covered by voluntary social insurance, support beneficiaries, and the
time for implementing the support policy.
2. Employees may select one of
the following payment methods:
a/ Every month;
b/ Every 3 months;
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d/ Every 12 months;
d/ Lump-sum payment for many
subsequent years at a level lower than the monthly payment or lump-sum payment
for the insufficient years at a level higher than the monthly payment as
specified in this Article.
3. The Government shall detail
this Article.
Article
88. Suspension from payment of compulsory social insurance premiums
1. Suspension from payment to
the retirement and survivorship allowance fund is specified as follows:
a/ In case employers meet with difficulties
and have to suspend their production or business activities, making them and
their employees unable to pay social insurance premiums, the payment to the
retirement and survivorship allowance fund may be suspended for 12 months at
most;
b/ Upon the expiration of the
time limit for payment suspension specified at Point a of this Clause,
employers and employees shall continue paying social insurance premiums and
make supplementary payment for the suspension period. The supplementary amount
paid for the suspension period is not subject to late- payment interest under
Clause 3, Article 122 of this Law.
2. For employees covered by
compulsory social insurance premiums who are put in temporary detention, they
and their employers may suspend payment of social insurance premiums. In case
competent agencies conclude that employees suffer a miscarriage of justice,
supplementary payment shall be made for the detention period. The supplementary
amount paid for the suspension period is not subject to late-payment interest
under Clause 3, Article 122 of this Law.
3. The Government shall detail
this Article and specify other cases of suspension from payment of compulsory
social insurance premiums.
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1. For employees subject to the
State-prescribed salary regime, their monthly salary on which social insurance
premiums are based is their rank- or grade-based salary plus position-based,
extra-rank working seniority-based or occupation-based seniority allowance (if
any).
For employees defined at Point
i, Clause 1, Article 2 of this Law, their monthly salary on which social
insurance premiums are based is the basic salary.
2. For employees who pay social
insurance premiums according to the employer-decided salary regime, their
monthly salary on which social insurance premiums are based is their salary
plus salary-based allowance as prescribed in the labor law.
Since January 1, 2018, the
monthly salary on which social insurance premiums are based will be the salary
plus salary-based allowance and other amounts as prescribed in the labor law.
3. In case the monthly salary
specified in Clause 1 or 2 of this Article exceeds 20 times the basic salary,
the monthly salary on which social insurance premiums are based must equal 20
times the basic salary.
4. The Government shall
stipulate in detail the retrospective collection and payment of monthly
salaries on which compulsory social insurance premium are based for employees
and employers, except the case specified in Clause 3, Article 122 of this Law.
Article
90. Social insurance management expenses
1. Social insurance management
expenses shall be used to perform the following tasks:
a/ Propagating and
disseminating policies and law on social insurance; providing professional
training and retraining in social insurance;
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c/ Organizing the collection of
social insurance premiums and payment of social insurance allowances; and
operating the apparatus of social insurance agencies at all levels.
2. The funding source for performing
the tasks specified in Clause 1 of this Article shall be annually deducted from
the profits earned from investment activities of the fund;
Every 3 years, the Government
shall report the levels of social insurance management expenses to the National
Assembly Standing Committee for decision.
3. The Prime Minister shall
detail Clause 1 of this Article.
Article
91. Investment principles
Investment activities of the
social insurance fund must ensure safety, efficiency and capital
recoverability.
Article 92.
Investment forms
1. Purchase of government
bonds.
2. Making of deposits, or
purchase of bonds, term bills or deposit certificates at well-performing
commercial banks as rated by the State Bank of Vietnam.
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4. The Government shall detail
this Article.
Chapter
VI
SOCIAL INSURANCE
ORGANIZATION AND MANAGEMENT
Article
93. Social insurance agencies
1. Social insurance agency is a
state agency functioning to implement social insurance regimes and policies, manage
and use social insurance, health insurance and unemployment insurance funds,
inspect the payment of social insurance, unemployment insurance and health
insurance premiums, and perform other tasks in accordance with this Law.
2. The Government shall stipulate
in detail the organization, tasks and powers of social insurance agencies.
Article
94. Management Board of Vietnam Social Security
1. The Management Board of
Vietnam Social Security shall be organized at national level and has the
responsibilities to direct and supervise the operation of social insurance
agencies, and give advice on social insurance, health insurance and
unemployment insurance policies.
2. The Management Board of
Vietnam Social Security shall be composed of representatives of the Vietnam
General Confederation of Labor, employers’ representative organizations, state
management agencies in charge of social insurance, state management agencies in
charge of health insurance, Vietnam Social Security, and other related
organizations.
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4. The Government shall
stipulate in detail the working regime, responsibilities and operating funds of
Management Board of Vietnam Social Security.
Article
95. Tasks and powers of the Management Board of Vietnam Social Security
1. To approve social insurance
development strategies, long-term, five- year and annual plans on the
implementation of social insurance, health insurance and unemployment insurance
regimes, and schemes on preservation and development of social insurance, health
insurance and unemployment insurance funds.
To supervise and examine social
insurance agencies in the implementation of such strategies, plans and schemes
after they are approved.
2. To propose to competent
state agencies 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.
3. To decide on, and take
responsibility before the Government for, forms and structures of investment of
social insurance, health insurance and unemployment insurance funds at the proposal
of social insurance agencies.
4. To approve annual reports on
the implementation of social insurance, health insurance and unemployment
insurance regimes and the management and use of social insurance, health
insurance and unemployment insurance funds before Vietnam Social Security
submits them to competent agencies.
5. To approve annual cost
estimates on collection and payment of social insurance, health insurance and
unemployment insurance funds and levels of social insurance, health insurance
and unemployment insurance management expenses before Vietnam Social Security
submits them to competent agencies.
6. To annually report to the
Prime Minister on the performance of the tasks and exercise of the powers and
operation results under regulations.
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Chapter
VII
ORDER AND PROCEDURES FOR
SOCIAL INSURANCE IMPLEMENTATION
Section 1.
ORDER AND PROCEDURES FOR PARTICIPATION IN SOCIAL INSURANCE
Article
96. Social insurance books
1. A social insurance book
shall be granted to every employee for monitoring the payment of social
insurance premiums and enjoyment of social insurance regimes, and must serve as
a basis for settlement of social insurance regimes in accordance with this Law.
2. By 2020, social insurance
books shall be replaced with social insurance cards.
3. The Government shall
stipulate the order and procedures for participation in social insurance and
settlement of social insurance regimes in electronic form.
Article
97. Registration dossiers for participation in social insurance and grant
of social insurance books
1. A registration dossier for
first-time participation in social insurance must comprise:
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b/ Employees' declaration forms
for participation in social insurance.
2. A dossier for re-grant of a
lost or damaged social insurance book must comprise:
a/ An employee’s application
for re-grant of a social insurance book;
b/ The social insurance book,
in case it is damaged.
3. The Government shall
stipulate the procedures and dossier for participation in social insurance and
grant of social insurance books for the subjects defined at Point e, Clause 1,
Article 2 of this Law.
Article
98. Adjustment of information of participation in social insurance
1. Employers shall notify in
writing social insurance agencies of any changes in information of
participation in social insurance.
2. A dossier for adjustment of
an employee’s personal information of participation in social insurance must
comprise:
a/ A declaration form for
adjustment of personal information;
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c/ Copies of competent state
agencies’ papers related to the adjustment of personal information as
prescribed by law.
Article
99. Settlement of registration for participation in social insurance and
grant of social insurance books
1. Registration for first-time
participation in social insurance shall be settled as follows:
a/ Within 30 days after signing
a labor contract or working contract with an employee or after recruiting an
employee, the employer shall submit a dossier specified in Clause 1, Article 97
of this Law to the social insurance agency.
b/ An employee to be covered by
voluntary social insurance shall submit a dossier specified at Point b, Clause
1, Article 97 of this Law to the social insurance agency.
2. An employee shall submit a
dossier for re-grant of a social insurance book as specified in Clause 2,
Article 97 of this Law to the social insurance agency.
3. The social insurance agency
shall grant a social insurance book within:
a/ 20 days after receiving a
complete and valid dossier, for persons who participate for the first time in
compulsory social insurance;
b/ 7 days after receiving a
complete and valid dossier, for persons who participate for the first time in
voluntary social insurance;
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d/ 10 days after receiving a
complete and valid dossier, in case of re-grant of social insurance books for
employees who wish to have their information of participation in social
insurance adjusted. If refusing to re-grant a social insurance book, the social
insurance agency shall issue a written reply clearly stating the reason.
4. The Minister of Labor, War
Invalids and Social Affairs shall stipulate in detail the order and procedures
for participation in social insurance and settlement of social insurance
regimes for employees defined at Point b, Clause 1, Article 2 of this Law.
Section 2.
ORDER AND PROCEDURES FOR SETTLEMENT OF SOCIAL INSURANCE REGIMES
Article
100. Dossier for enjoyment of the sickness regime
1. An original or a copy of the
hospital discharge paper, for employees or their children undergoing inpatient
treatment; in case of outpatient treatment, the certificate of their leave
under the social insurance regime is required.
2. In case employees or their
children take medical examination or treatment abroad, the paper specified in
Clause 1 of this Article shall be replaced with a Vietnamese translation of the
medical record issued by a foreign health establishment.
3. The employer-made list of
employees taking leave under the sickness regime.
4. The Minister of Health shall
stipulate the form, and order and competence for grant, of certificate of an
employee’s leave under the social insurance regime, hospital discharge paper
and the papers specified at Points c, d and dd, Clause 1, Article 101 of this
Law.
Article
101. Dossier for enjoyment of the maternity regime
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a/ A copy of the birth
registration certificate or birth certificate of the child;
b/ A copy of the child’s death
certificate, in case the child dies, or copy of the mother’s death certificate,
in case the mother dies in childbirth;
c/ A competent health
establishment’s certificate stating that the mother is at postnatal risk that
makes her unable to take care of the child;
d/ An extract of the mother’s
medical record or hospital discharge paper in case the child dies after birth
without being granted the birth certificate;
dd/ A competent health
establishment’s certificate stating that the female employee has to take leave
for pregnancy care, in the case specified in Clause 3, Article 31 of this Law.
2. Female employees who have
prenatal checks-up, miscarriage, abortion, stillbirth or pathological abortion,
or employees who apply contraceptive measures specified in Clause 1, Article 37
of this Law shall produce a certificate of their leave under the social
insurance regime, in case of outpatient treatment, or an original or a copy of
the hospital discharge paper, in case of inpatient treatment.
3. Employees who adopt
under-6-month children shall produce a child adoption certificate.
4. Male employees who wish to
take leave due to their wives’ childbirth shall produce a copy of the child’s
birth certificate or birth registration certificate, and a health
establishment’s certificate, in case their wives have a surgical birth or give
birth to children under 32 weeks of pregnancy.
5. The employer-made list of
employees taking leave for enjoyment of the maternity regime.
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1. Within 45 days after return
to work, an employee shall submit the dossier specified in Clause 1 or 2,
Article 100, or Clause 1, 2, 3 or 4, Article 101, of this Law to his/her
employer.
An employee who ceases working before
the time of childbirth or child adoption shall submit the dossier specified in
Clause 1 or 3, Article 101 of this Law and produce his/her social insurance
book to the social insurance agency.
2. Within 10 days after
receiving a complete dossier from an employee, the employer shall make a
dossier as specified in Article 100 or 101 of this Law and submit it to the
social insurance agency.
3. Responsibilities of the
social insurance agency:
a/ To settle the social
insurance regime and make payment to the employee within 10 days after
receiving a complete and valid dossier from an employer;
b/ To settle the social
insurance regime and make payment to the employee within 5 working days after
receiving a complete and valid dossier from an employee who ceases working
before the time of childbirth or child adoption.
4. If refusing to settle the
social insurance regime, the social insurance agency shall issue a written
reply clearly stating the reason.
Article
103. Settlement of convalescence and health rehabilitation allowance after
sickness or maternity leave
1. Within 10 days after the
date an employee fully satisfies the conditions for enjoying the convalescence
and health rehabilitation allowance after sickness or maternity leave, the
employer shall make a list of employees and submit it to the social insurance
agency.
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Article
104. Dossier for enjoyment of the labor accident regime
1. The social insurance book.
2. The investigation record of
the labor accident; for an employee suffers a traffic accident confirmed as a
labor accident, a written record of the traffic accident or a written record of
scene examination and the accident scene plan are required.
3. The hospital discharge paper
after labor accident treatment.
4. The written record of
assessment of the working capacity decrease, made by the Medical Assessment
Council.
5. The written request for
settlement of the labor accident regime.
Article
105. Dossier for enjoyment of the occupational disease regime
1. The social insurance book.
2. A written record of
environmental survey with toxic elements; in case a written record is made for
many employees, its copy shall be included in the dossier of every employee.
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4. The written record of
assessment of the working capacity decrease, made by the Medical Assessment
Council.
5. The written request for
settlement of the occupational disease regime.
Article
106. Settlement of labor accident and occupational disease regimes
1. Employers shall submit
dossiers to social insurance agencies as prescribed in Articles 104 and 105 of
this Law.
2. Within 15 days after receiving
a complete dossier, social insurance agencies shall settle labor accident and
occupational disease regimes; or issue a written reply clearly stating the
reason for their refusal to settle the regimes.
Article
107. Settlement of convalescence and health rehabilitation allowance after
labor accident or occupational disease
1. An employer shall make a
list of employees whose health has not yet recovered after enjoying the labor
accident or occupational disease regime and submit it to the social insurance
agency.
2. Within 15 days after
receiving a complete and valid dossier, the social insurance agency shall
settle the convalescence and health rehabilitation regime for employees and
transfer the convalescence and health rehabilitation allowance to the employer;
or issue a written reply clearly stating the reason for their refusal to settle
the regime.
3. Within 10 days after
receiving the allowance from the social insurance agency, the employer shall
pay such allowance to employees.
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1. A dossier for pension
enjoyment for employees covered by compulsory social insurance must comprise:
a/ The social insurance book;
b/ The decision permitting an
employee to stop working under the retirement regime or the document terminating
a labor contract with an employee for enjoying the retirement regime;
c/ The written record of
assessment of the working capacity decrease, made by the Medical Assessment
Council, for employees who retire under Article 55 of this Law, or the certificate
of HIV/AIDS infection due to occupational risks, for the employees defined in
Article 54 of this Law.
2. A dossier for pension
enjoyment for employees covered by voluntary social insurance or employees
having their period of social insurance premium payment reserved, including
those who are serving imprisonment sentences, must comprise:
a/ The social insurance book;
b/ The application for pension
enjoyment;
c/ The written authorization
for carrying out procedures for settlement of the retirement regime and
enjoyment of pension, for those who are serving imprisonment sentences;
d/ A competent state agency’s
document permitting an illegal emigrant to legally repatriate and settle in the
country;
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Article
109. Dossier for enjoyment of lump-sum social insurance allowance
1. The social insurance book.
2. The employee’s application
for enjoyment of lump-sum social insurance allowance.
3. For persons who settle
abroad, a copy of the competent agency’s written certification of renunciation
of Vietnamese nationality, or a certified or notarized Vietnamese translation
of one of the following papers:
a/ Passport issued by a foreign
country;
b/ Visa issued by a competent
foreign agency, certifying such country’s permission for entry for overseas
residence;
c/ Paper certifying such person
is carrying out procedures for naturalization in a foreign country; paper
certifying residence or permanent residence card or residence card of a term of
5 years or more, issued by a competent foreign agency.
4. Extract of the medical
record, in the case specified at Point c, Clause 1, Article 60, or Point c,
Clause 1, Article 77, of this Law.
5. For employees defined in
Article 65, and Clause 5, Article 77, of this Law, a dossier for enjoyment of
lump-sum social insurance allowance must comply with Clauses 2 and 3 of this
Article.
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1. Within 30 days by the time
an employee enjoys pension, the employer shall submit a dossier specified in
Clause 1, Article 108 of this Law to the social insurance agency.
2. Within 30 days by the time
an employee enjoys pension, employees having their period of social insurance
premium payment reserved or employees covered by voluntary social insurance
shall submit a dossier specified in Clause 2, Article 108 of this Law to the
social insurance agency.
3. Within 30 days by the time
an employee becomes eligible and requests payment of lump-sum social insurance
allowance, he/she shall submit a dossier specified in Article 109 of this Law
to the social insurance agency.
4. Within 20 days after
receiving a complete and valid dossier, for to-be- pensioners, or within 10
days after receiving a complete and valid dossier, for persons to enjoy a
lump-sum social insurance allowance, the social insurance agency shall settle
the enjoyment of pension or lump-sum allowance and make payment to employees;
or issue a written reply clearly stating the reason for its refusal to settle
such enjoyment.
Article
111. Dossier for enjoyment of the survivorship allowance regime
1. For persons paying social
insurance premiums or persons having their period of social insurance premium
payment reserved, a dossier for enjoyment of the survivorship allowance regime
must comprise:
a/ The social insurance book;
b/ A copy of the death
certificate or death notice or a copy of the court's legally effective decision
on the death declaration;
c/ The dead person’s relatives’
declaration and the minutes of their meeting, for those eligible for monthly
allowance but choosing a lump-sum allowance;
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dd/ A written record of
assessment of the working capacity decrease, for relatives who suffer a working
capacity decrease of 81% or more.
2. For persons currently
enjoying or persons suspended from enjoying pension or monthly labor accident
or occupational disease allowance, a dossier for enjoyment of the survivorship
allowance regime must comprise:
a/ A copy of the death
certificate or death notice or the court's legally effective decision on death
declaration;
b/ The dead person’s relatives’
declaration and the minutes of their meeting, for those eligible for monthly
allowance but choosing to receive a lump- sum allowance;
c/ A written record of
assessment of the working capacity decrease, for relatives who suffer a working
capacity decrease of 81% or more.
Article
112. Settlement of the survivorship allowance regime
1. Within 90 days after the
death of a person having his/her period of social insurance premium payment
reserved, a person covered by voluntary social insurance or a person on pension
or monthly labor accident or occupational disease allowance, his/her relative
shall submit the dossier specified in Article 111 of this Law to the social
insurance agency.
Within 90 days after the death
of a person currently paying compulsory social insurance premiums, his/her
relative shall submit the dossier specified in Clause 1, Article 111 of this
Law to the employer.
2. Within 30 days after
receiving a complete dossier from the employee’s relative, the employer shall
submit the dossier specified in Clause 1, Article 111 of this Law to the social
insurance agency.
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Article
113. Dossier for continued enjoyment of pension or monthly social insurance
allowance for illegal emigrants who legally repatriate to settle in the country
or persons declared missing by the court who reappear
1. An application for continued
enjoyment of pension or monthly social insurance allowance.
2. A competent state agency’s document
permitting the illegal emigrant to legally repatriate to settle in the country.
3. The court’s legally
effective decision annulling the decision on declaration to be missing, for
persons declared missing by the court who reappear.
Article
114. Settlement of continued enjoyment of pension or monthly social
insurance allowance for illegal emigrants who legally repatriate and settle in
the country or persons declared missing by the court who reappear
1. Employees shall submit the
dossier specified in Article 113 of this Law to the social insurance agency.
2. Within 15 days after
receiving a complete and valid dossier, the social insurance agencies shall
settle the continued enjoyment of pension or monthly social insurance
allowance, or issue a written reply clearly stating the reason for its refusal
to settle such continuation of enjoyment.
Article
115. Change of places for receiving pension or social insurance allowance
When a person on pension or
monthly social insurance allowance moves to another place of residence within
the country and wishes to receive social insurance allowance at the new place
of residence, he/she shall submit an application to the social insurance agency
of the place where he/she currently receives the allowance.
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Article
116. Delayed settlement of enjoyment of social insurance regimes
1. If the settlement of
enjoyment of social insurance regimes is delayed after the time limit specified
in Clause 1 or 2, Article 102, Clause 1, Article 103, Clause 1 or 2, Article
110, or Clause 1 or 2, Article 112, of this Law, a written explanation shall be
made.
2. In case the submission of
dossiers and settlement of enjoyment of social insurance regimes are delayed
after the prescribed time limits, thus damaging the lawful rights and interests
of eligible beneficiaries, compensation shall be paid in accordance with law,
except cases where such delay is due to the fault of employees or their
relatives.
Article
117. Dossiers and order for assessment of working capacity decrease to
settle social insurance regimes
1. The Minister of Health shall
stipulate dossiers and the order for assessment of working capacity decrease to
settle social insurance regimes.
2. The examination for
assessment of working capacity decrease must ensure accuracy, publicity and
transparency. The Medical Assessment Council shall take responsibility for the
accuracy of its assessment results in accordance with law.
Chapter
VIII
COMPLAINTS AND
DENUNCIATIONS ABOUT, AND HANDLING OF VIOLATIONS RELATED TO, SOCIAL INSURANCE
Article
118. Complaints about social insurance
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2. Employers may request
competent agencies, organizations or persons to review the latter’s decisions
or acts when they have grounds to believe that such decisions or acts violate
the law on social insurance and infringe their lawful rights and interests.
Article
119. Order of settlement of complaints about social insurance
1. Complaints about social
insurance-related administrative decisions or acts shall be settled in
accordance with the law on complaints.
2. For complaints about social
insurance-related decisions or acts not specified in Clause 1 of this Article,
complainants may choose either of the following:
a/ Lodging first-time
complaints with the agencies or persons that have issued these decisions or
committed these acts; in case these agencies or persons no longer exist,
district-level state management agencies in charge of labor shall settle the
complaint;
b/ Initiating lawsuits at a
court in accordance with law.
3. In case complainants defined
at Point a, Clause 2 of this Article disagree with the first-time complaint
settlement decisions, or when the prescribed time limit expires but the
complaints have not yet been settled, they may initiate lawsuits at a court or
lodge complaints with provincial-level state management agencies in charge of
labor.
In case complainants disagree with
the complaint settlement decisions of provincial-level state management
agencies in charge of labor, or when the prescribed time limit expires but the
complaints have not yet been settled, the complainants may initiate lawsuits at
a court.
4. The statute of limitations
for lodging complaints and the time limit for settling complaints must comply
with the law on complaints.
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The lodging and settlement of denunciations
about violations of the law on social insurance must comply with the law on
denunciations.
Article
121. Competence to sanction administrative violations in the field of
social insurance, health insurance and unemployment insurance, sanctioning
levels and remedies
1. Competence of social
insurance agencies:
a/ The General Director of
Vietnam Social Security has the competence prescribed in Clause 4, Article 46
of the Law on Handling of Administrative Violations;
b/ Directors of
provincial-level social insurance agencies have the competence prescribed in
Clause 2, Article 46 of the Law on Handling of Administrative Violations;
c/ Heads of specialized
inspection teams established under decisions of the General Director of Vietnam
Social Security have the competence prescribed in Clause 3, Article 46 of the
Law on Handling of Administrative Violations.
2. Persons with sanctioning
competence defined in Clause 1 of this Article may authorize their deputies to
handle administrative violations.
3. The maximum fine levels in
the field of social insurance, health insurance and unemployment insurance,
sanctioning forms, remedies, administrative sanctioning procedures and other
provisions related to administrative sanctioning must comply with the Law on Handling
of Administrative Violations and other relevant laws.
Article
122. Handling of violations of the law on social insurance
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2. Individuals who violate this
Law shall, depending on the nature and severity of their violations,
administratively sanctioned, disciplined or examined for penal liability; and,
if causing damage, they shall pay compensation in accordance with law.
3. Employers that violate
Clause 1, 2 or 3, Article 17 of this Law for 30 days or more shall not only
fully pay the amount not yet paid or paid late and be handled in accordance
with law but also pay an interest equaling 2 times the average interest rate of
investment from the social insurance fund in the preceding year, calculated
based on the late paid amount and late payment period. If they fail to do so,
at the request of competent persons, related banks, credit institutions or
state treasuries shall deduct money from the employers’ deposit accounts in
order to pay the amount not yet paid or paid late and the interest thereon to
the accounts of social insurance agencies.
Chapter IX
IMPLEMENTATION
PROVISIONS
Article 123. Transitional provisions
1. The provisions of this Law
apply to persons who participate in social insurance before the effective date
of this Law.
2. Persons on pension before
January 1, 1994, persons on pension, monthly working capacity loss allowance,
labor accident or occupational disease allowance, survivorship allowance or
social insurance allowance, for commune, ward or township cadres who have
ceased working, persons on monthly allowance while the period for enjoying such
allowance has expired, or persons who are suspended from enjoying social
insurance allowance due to their violations of law before this Law takes
effect, shall still comply with the previous regulations and have their levels
of enjoyment adjusted.
3. Employees who have paid
social insurance premiums, covering also the region-based allowance, are
entitled to not only pension, lump-sum social insurance allowance and
survivorship allowance but also a lump-sum region- based allowance; persons on
pension, monthly working capacity loss allowance or labor accident or
occupational disease allowance who are enjoying a monthly region-based
allowance in their places of permanent residence eligible for region-based
allowance are entitled to continue enjoying such allowance.
4. Persons on spouse allowance
in overseas Vietnamese representative missions who participate in compulsory
social insurance under both retirement and survivorship allowance regimes; and
employees who cease working due to diseases on the Ministry of Health-issued
list of diseases requiring long-term treatment and enjoy the sickness regime
before the effective date of this Law shall comply with the Government’s
regulations.
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6. Employees who had worked in
the state sector before January 1, 1995, and fully satisfy the conditions for
enjoying severance allowance or lump-sum allowance or demobilization allowance
but have not yet enjoyed such allowance, such working period shall be regarded
as a period of social insurance premium payment. The calculation of the working
period prior to January 1, 1995, for enjoying social insurance allowances must
comply with the previous regulations on calculation of the working period prior
to January 1995, for enjoying social insurance allowances for cadres, civil
servants, public employees, workers, army men, and employees in the people’s
public security force.
7. Annually, the State shall
transfer an amount from the budget to the social insurance fund to ensure full
payment of pension and social insurance allowances to persons on pension or
social insurance allowance prior to January 1, 1995; and payment of social
insurance premiums for the working period prior to January 1, 1995, for persons
defined in Clause 6 of this Article.
8. Employees who are eligible
for, and enjoy, social insurance regimes before the effective date of this Law
shall continue to comply with the provisions of Law No. 71/2006/QH11 on Social
Insurance.
9. Persons on pension, social
insurance allowance or monthly allowance who are working under signed labor
contracts shall not be covered by compulsory social insurance.
10. The Government shall detail
this Article.
Article
124. Effect
1. This Law takes effect on
January 1, 2016; the provisions at Point b, Clause 1, and in Clause 2, Article 2,
of this Law take effect on January 1, 2018.
2. Law No. 71/2006/QH11 on
Social Insurance ceases to be effective on the effective date of this Law.
Article
125. Detailing provisions
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This Law was passed on
November 20, 2014, by the XIIIth National Assembly of the Socialist
Republic of Vietnam at its 8th session.-
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Sinh Hung